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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/071,470
`
`10/15/2020
`
`Kiyofumi ABE
`
`2020-2596A
`
`4AT8
`
`Lind& a
`Wenderoth,
`Wenderoth, Lind & Ponack, L.L.P.
`1025 Connecticut Avenue, NW
`Suite 500
`Washington, DC 20036
`
`MAHMUD, FARHAN
`
`2483
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`07/20/2023
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`eoa@ wenderoth.com
`kmiller@wenderoth.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Application No.
`Applicant(s)
`471071,470
`ABE etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`FARHAN MAHMUD
`2483
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1) Responsive to communication(s) filed on 04/06/2023.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)[¥) This action is FINAL.
`2b) (J This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`23-24 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Cj} Claim(s)
`is/are allowed.
`Claim(s) 23-24 is/are rejected.
`1) Claim(s)__is/are objectedto.
`Cj} Claim(s)
`are subjectto restriction and/or election requirement
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)(J accepted or b)( objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)1) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a)C All
`1... Certified copies of the priority documents have been received.
`2.1) Certified copies of the priority documents have beenreceived in Application No.
`3.1.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1) ([] Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 02/03/2023.
`U.S. Patent and Trademark Office
`
`3)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20230714
`
`

`

`Application/Control Number: 17/071,470
`Art Unit: 2483
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA or AIA Status
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`1.
`
`The present application,filed on or after March 16, 2013, is being examined under the first
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`inventorto file provisions of the AIA.
`
`Information Disclosure Statement
`
`2.
`
`The information disclosure statement (IDS) submitted on 02/03/2023 is in compliance with the
`
`provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by
`
`the examiner.
`
`Response to Amendment
`
`3.
`
`Applicant previously filed claims 23 and 24. No amendmentsto the claims have been submitted.
`
`Accordingly, claims 23 and 24 are pending in the current application.
`
`Response to Arguments
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`4.
`
`5.
`
`Applicant's argumentsfiled 04/06/2023 have been fully considered but they are not persuasive.
`
`Applicant arguesthat Hsieh etal. fails to teach “thefirst group of candidates includes a first
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`transform scheme which generatesafirst number of transform coefficients using a first transform basis,
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`and the second group of candidates includes a second transform scheme which generates a second
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`number of transform coefficients using the first transform basis, the first number is smaller than the
`
`second number”. However, the Examiner respectfully disagrees. In Paragraph 162, Hsieh et al. teaches
`
`“A secondary transform may bea rotational transform (ROT). The ROT does not replace the primary
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`transform. However, the ROT is applied as a secondary transform for only the low frequency part of
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`transform coefficients matrix. With the ROT, for each intra coded TU, an index, indicating which ROT is
`
`applied from the four pre-defined transform candidates, is signaled. A4x4 secondary transform is
`
`applied for 4x4 intra coded TUs, while 8x8 secondarytransform is applied for 8x8 and largerintra
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`coded TUs.”In Paragraph 164, Hsieh et al. teaches “The video coding device may extend ROT to a
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`

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`Application/Control Number: 17/071,470
`Art Unit: 2483
`
`Page 3
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`whole TU, not only the low-frequencypart. Morespecifically, the video coding device may pre-define
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`three 4x4 separable secondary transfom candidates, and the video coding device may explicitly signal
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`the selected one with a 2-bit index at the CU-level. The 2-bit index may be referred to herein as a ROT
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`index. In one example, when the ROT indexis 0, no secondarytransform is applied. However,in this
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`example, when the ROTindexis 1, 2 and 3, the video coding device may apply the secondary
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`transformcorresponding to one of the three pre-defined secondary transform candidatesfor every TU
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`inside a current CU. Given a selected secondarytransform,for every 4x4 sub-block of the current TU,
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`the video coding device may apply a secondary 4x4 separable secondary transform.” In Paragraph 165,
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`it teaches “FIG. 6 is an illustration of an example secondarytransform operation, in accordance with
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`the techniquesof this disclosure. As described in U.S. Patent Pub. 2017/0094313 A1 (hereinafter, the
`
`'313 application), a video encoder applies a mode-dependent non-separable secondary transform
`
`(MDNSST,or as known as NSST) between a forward primary transform and quantization. Moreover,
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`as described in the '313 application, a video decoder applies a MDNSST between de -quantization and
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`an inverse core transform. As shownin FIG. 6, a video coding device (e.g., video encoder 20 or video
`
`decoder 30) may perform a MDNSSTindependently for each 4x4 sub-group of transform coefficients
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`within an intra-coded CU. As describedin the '313 application, video coders only apply the MDNSSTto
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`intra-coded CUs.” In Paragraph 168,it teaches “For each transform set, the selected non-separable
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`secondarytransform candidateis further specified by the explicitly signaled CU -level MDNSSTindex.
`
`The MDNSSTindexis signaled in a bitstream once per Intra CU after transform coefficients and
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`truncated unary binarization is used. The truncated value is 2 in case of planar or DC mode, and 3 for
`
`angular intra prediction mode. The MDNSSTindexis signaled for a CU only when thereis more than
`
`one non-zero coefficient in the CU. The default value is zero when the MDNSSTindex for a CU is not
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`signaled. When an MDNSSTindex for a CU is zero, no secondary transform is applied to the CU. An
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`MDNSSTindex having values 1-3 indicates which secondarytransform from a set of secondary
`
`

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`Application/Control Number: 17/071,470
`Art Unit: 2483
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`Page 4
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`transformsto apply.” In Paragraph 170, Hsieh et al. teaches “In some examples, the NSSTis extended
`
`for 8x8 for better coding performance,i.e., non-separable transform applied on 8x8 block size is used
`
`as secondary transform for primary transform coefficient block with both height and width being
`
`larger than or equalto 8.” Thus,it is clearthat the transforms are applied differently under different
`
`block size parameters and Hsieh et al. teaches selecting between and performing a second transform in
`
`a 4x4 block size and an 8x8 block size, each with associated group of candidates, the number resultant
`
`coefficients in an 8x8 block being higher than that ina 4x4 block. Furthermore, the transform basis is not
`
`well defined by the claim language, and the rotationaltransform and mode-dependent non-separable
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`secondarytransform are both interpreted to be transform bases applied to different sizes with different
`
`numbersof resulting coefficients.
`
`6.
`
`Applicant's argumentsfail to comply with 37 CFR 1.111(b) because they amount to a general
`
`allegation that the claims define a patentable invention without specifically pointing out how the
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`language of the claims patentably distinguishes them from the references.
`
`7.
`
`Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out
`
`the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed
`
`by the referencescited or the objections made. Further, they do not show how the amendmentsavoid
`
`such references or objections.
`
`8.
`
`Applicant is reminded that although the claims are interpretedin light of the specification,
`
`limitations from the specification are not readinto the claims. See /n re Van Geuns, 988 F.2d 1181, 26
`
`USPQ2d 1057 (Fed. Cir. 1993).
`
`9.
`
`In light of the above remarks, the claims are rejected using the same art as before.
`
`Claim Rejections - 35 USC § 102
`
`10.
`
`The following is a quotation of the appropriate paragraphsof 35 U.S.C. 102 that form the basis
`
`for the rejections under this section made in this Office action:
`
`

`

`Application/Control Number: 17/071,470
`Art Unit: 2483
`
`A personshall be entitled to a patent unless —
`
`Page5S
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`(a)}(1} the claimed invention was patented, describedina printed publication, or in public use, onsale,
`or otherwise available to the public before the effective filing date of the claimed invention.
`
`11.
`
`Claim(s) 23 and 24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hsieh etal.
`
`(US 20180103252 A1).
`
`12.
`
`Regarding Claim 23, Hsieh et al. teaches an encoder, comprising: circuitry; and memory
`
`(Paragraph 26; Paragraph 39),
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`13.
`
`wherein using the memory,the circuitry: applies a first transform to a residual signal of a
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`current block; and applies a second transform to a result of the first transform, the second transform
`
`being a non-separable transform (Figure 10, Elements 1002 and 1006; Paragraphs 25-26; Paragraphs
`
`161-168), wherein
`
`14.
`
`(i) when a size of the current block is a first block size, a transform scheme of the second
`
`transform is selected from a first group of candidates, (ii) when the size of the current block is a second
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`block size different from the first block size, the transform scheme of the second transform is selected
`
`from a second group of candidates (Paragraphs 62-65; Paragraphs 161-169; Paragraph 170, “Insome
`
`examples, the NSSTis extended for 8x8 for better coding performance,i.e., non-separable transform
`
`applied on 8x8 block size is used as secondary transform for primary transform coefficient block with
`
`both height and width being larger than or equal to 8.”; Paragraphs 171-185; Hsieh et al. teaches
`
`selecting between and performing a second transformin a 4x4 block size and an 8x8 block size, each
`
`with associated group of candidates),
`
`15.
`
`the first group of candidatesincludes a first transform scheme which generatesa first number of
`
`transform coefficients using a first transform basis, and the second group of candidatesincludes a
`
`second transform scheme which generates a second number of transform coefficients using the first
`
`transform basis, the first number is smaller than the second number (Paragraphs 62-65; Paragraphs
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`

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`Application/Control Number: 17/071,470
`Art Unit: 2483
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`Page 6
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`161-169; Paragraph 170, “In some examples, the NSST is extendedfor 8x8 for better coding
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`performance,i.e., non-separable transform applied on 8x8 block size is used as secondary transform
`
`for primary transform coefficient block with both height and width being larger than or equal to8.”;
`
`Paragraphs 171-185; Hsieh etal. teaches selecting between and performinga second transformina
`
`4x4 block size and an 8x8 block size, each with associated group of candidates, the number resultant
`
`coefficients in an 8x8 block being higher than thatin a 4x4 block)
`
`16.
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`Claim 24 is drawn to the decoder to perform the inverse processes of the encoder of claim 1 and
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`has substantially similar limitations as those rejected above, and would be rejected for the same reasons
`
`as used above. Hsieh et al. further teaches a decoder, comprising: circuitry; and memory, wherein using
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`the memory, the circuitry: performs an inverse transform process (Paragraph 26; Paragraph 39).
`
`Conclusion
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`17.
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`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth
`
`in 37 CFR 1.136(a).
`
`18.
`
`A shortened statutory period for reply to this final action is set to expire THREE MONTHS from
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`the mailing date of this action. Inthe event a first reply is filed within TWO MONTHSof the mailing date
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`of this final action and the advisory action is not mailed until after the end of the THREE-MONTH
`
`shortened statutory period, then the shortened statutory period will expire on the date the advisory
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`action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing
`
`date of the advisory action.
`
`In no event, however, will the statutory period for reply expire later than
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`SIX MONTHS from the mailing date of this final action.
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`19.
`
`Anyinquiry concerning this communication or earlier communications from the examiner
`
`should be directed to FARHAN MAHMUD whosetelephone number is (571)272-7712. The examiner can
`
`normally be reached on 10-7.
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`

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`Application/Control Number: 17/071,470
`Art Unit: 2483
`
`Page 7
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`20.
`
`Examiner interviews are available via telephone, in-person, and video conferencing using a
`
`USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use
`
`the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
`
`21.
`
`If attempts to reachthe examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`Joseph Ustaris can be reached on 5712727383. The fax phone number for the organization wherethis
`
`application or proceedingis assigned is 571-273-8300.
`
`22.
`
`Information regarding the status of an application may be obtained from the Patent Application
`
`Information Retrieval (PAIR) system. Status information for published applications may be obtained
`
`from either Private PAIR or Public PAIR. Status information for unpublished applications is available
`
`through Private PAIR only. For more information about the PAIR system, see https://ppair-
`
`my.uspto. gov/pair/PrivatePair. Should you have questions on accessto the Private PAIR system, contact
`
`the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information system, call 800-786-
`
`9199 (IN USA OR CANADA)or 571-272-1000.
`
`/FARHAN MAHMUD/
`Primary Examiner, Art Unit 2483
`
`