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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
`
`17/077,450
`
`10/22/2020
`
`Kiyofumi ABE
`
`2020-2651A
`
`7765
`
`CP
`Lind&
`Wenderoth,
`Wenderoth, Lind & Ponack, L.L.P.
`1025 Connecticut Avenue, NW
`Suite 500
`Washington, DC 20036
`
`BRANIFF, CHRISTOPHER
`
`2484
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`04/16/2021
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time 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)
`17/077 ,450
`ABE etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`Christopher Braniff
`2484
`Yes
`
`
`
`-- The MAILING DATEofthis 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 22 Oct 2020.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) This action is FINAL. 2b)¥)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*
`1-15 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`(J Claim(s)__ is/are allowed.
`Claim(s) 1-3,7-11 and 13-15 is/are rejected.
`Claim(s) 4-6 and 10-12 is/are objected to.
`1) Claim(s
`are subject to 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)2) The specification is objected to by the Examiner.
`11)M The drawing(s) filed on 22 Oct 2020 is/are: a)¥) accepted or b)C) 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)0) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)() None ofthe:
`b)( Some**
`a)C) All
`1.2 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 received in 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)
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`4)
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date22Oct2020.
`U.S. Patent and Trademark Office
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20210412
`
`

`

`Application/Control Number: 17/077,450
`Art Unit: 2484
`
`Page 2
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`DETAILED ACTION
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`Notice ofPre-AIA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined under the first
`
`inventor to file provisions of the AIA.
`
`Claim Rejections - 35 USC § 102
`
`2.
`
`In the event the determination of the status of the application as subject to ALA 35 U.S.C.
`
`102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) 1s incorrect, any correction of the
`
`statutory basis for the rejection will not be considered a new ground of rejection if the prior art
`
`relied upon, and the rationale supporting the rejection, would be the same underether status.
`
`3.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the
`
`basis for the reyectons under this secton madein this Office action:
`
`A person shall be entitled to a patent unless —
`
`(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or
`otherwise available to the public before the effective filing date of the claimed invention.
`
`4.
`
`Claims 1, 3,7, 9 and 13-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated
`
`by Shimizu et al. (US 6,473,458, referred to herein as “Shimizu”’).
`
`Regarding claim 1, Shimizu discloses: Am encoder (Shimizu: Fig. 6, disclosing an encoder),
`
`COMPPTISING:
`
`arcuitry; and memory (Shimizu: column 14, lines 57-62, disclosing implementation via a
`
`computer and storage medium), wherein
`
`using the memory, the circuitry:
`
`

`

`Application/Control Number: 17/077,450
`Art Umit: 2484
`
`Page 3
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`in interprediction for a current block (Shimizu: column 2, lines 34-39, disclosing interframe
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`prediction of a current block), determines a base motion vector (Shimizu: Fig. 1, column4, lines 65-67 and
`
`column 5,line 1, disclosing that a motion vector of a target block 1s detected), and writes, in an encoded
`
`signal, a delta motion vector (Shimizu: Fig. 1, column 5, lines 11-16, disclosing encoding of a length
`
`component—e.g., a delta motion vector) representing (i) one direction among apluralty ofdirections including
`
`a diagonal direction (Shimizu: Fig. 1, column 5, lines 21-29, disclosing a direction componentsignaled
`
`as an integral value; column 5,lines 30-41, disclosing that the direction componentvalues
`
`correspond to motion vectors in a counterclockwise direction—e.g., and thus includes a diagonal
`
`direction) and (it) a distancefrom the base motion vector (Shimizu: Fig. 2, column4,lines 24-32, disclosing
`
`that the length component represents a distance from the origin vector); and
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`encodes the current block, using the delta motion vector and the base motion vector (Shimizu: Fig. 1, $4 and
`
`S7, disclosing that the length component and direction component are encoded).
`
`Regarding claim 3, Shimizu discloses: The encoder according to claim 1, wherein thepluralty of
`
`directions arepredetermined (Shimizu: column 5,lines 30-36, disclosing predetermined directions), and in
`
`the interprediction,
`
`the circuitry: selects a set ofafirst direction and a second direction from among thepluralty of
`
`directions including the diagonal direction, based on an obtained prediction parameter (Shimizu: column 5,lines
`
`21-29, disclosing selection of directions based on a prediction error vector—e.g., an obtained
`
`prediction parameter), thefirst direction and the second direction being perpendicular to each other (Shimizu: Fig.
`
`3, disclosing that the directions include perpendicular directions), and selects, as the one direction, either
`
`one ofthefirst direction or the second direction ofthe set selected (Shimizu: column 5, lines 51-62, disclosing
`
`selection of a direction associated with a length component).
`
`

`

`Application/Control Number: 17/077,450
`Art Umit: 2484
`
`Page 4
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`Regarding claim 7, Shimizu discloses: A decoder (Shimizu: Fig. 7, disclosing a decoder),
`
`comprising
`
`arcuitry; and memory (Shimizu: column 14, lines 57-62, disclosing implementation via a
`
`computer and storage medium), wherein
`
`using the memory, the circuitry in interprediction for a current block (Shimizu: column2, lines 34-39,
`
`disclosing interframe prediction of a current block), determines a base motion vector (Shimizu: Fig. 1,
`
`column 4, lines 65-67 and column5, line 1, disclosing that a motion vector of a target block1s
`
`detected), andparses a delta motion vector (Shimizu: Fig. 5, disclosing decoding of motion components)
`
`representing (i) one direction among aplurality ofdirections including a diagonal direction (Shimizu: Fig. 1,
`
`column 5,lines 21-29, disclosing a direction componentsignaled as an integral value; column 5,lines
`
`30-41, disclosing that the directon component values correspond to motion vectors in a
`
`counterclockwise directon—e.g., and thus includes a diagonal direction) and (ii) a distancefrom the base
`
`motion vector (Shimizu: Fig. 1, column 5, lines 11-16, disclosing encoding of a length component; Fig.
`
`2, column 4,lines 24-32, disclosing that the length component represents a distance from the origin
`
`vector); and
`
`decodes the current block using the delta motion vector and the base motion vector (Shimizu: Fig. 5,
`
`column 6,lines 58-62 and column 7, lines 4-9, disclosing decoding of length and direction
`
`components of a current block).
`
`Regarding claim 9, Shimizu discloses: The decoder according to claim 7, wherein theplurality of
`
`directions arepredetermined (Shimizu: column 5,lines 30-36, disclosing predetermined directions), and in
`
`the interprediction,
`
`the arcuttry: selects a set ofafirst direction and a second direction from among theplurakty of
`
`directions including the diagonal direction, based on an obtainedprediction parameter (Shimizu: column. 5,lines
`
`21-29, disclosing selection of directions based ona prediction error vector—e.g., an obtained
`
`

`

`Application/Control Number: 17/077,450
`Art Umit: 2484
`
`Page 5
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`prediction parameter), thefirst direction and the second direction being perpendicular to each other (Shimizu: Fig.
`
`3, disclosing that the directions include perpendicular directions), avd selects, as the one direction, either
`
`one ofthefirst direction or the second direction ofthe set selected (Shimizu: column 5, lines 51-62, disclosing
`
`selection of a direction associated with a length component).
`
`Regarding claim 13, Shimizu discloses: The decoder according to claim 9, wherein theplurality of
`
`directions arepredetermined,
`
`in the interprediction,
`
`the arcuitry selects the one direction among theplurakty of
`
`directions using aflag included in the obtained prediction parameter (Shimizu: column6,lines 10-12, disclosing
`
`encoded data output as direction component information—e.g., a flaz—to the decoder; column 7,
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`lines 4-10, disclosing use of the directon component information to determine the direction).
`
`Regarding claim 14, the claim recites analogous limitations to claim 1, above, and1s
`
`therefore rejected on the same premise.
`
`Regarding claim 15, the claim recites analogouslimitations to claim 7, above, and1s
`
`therefore rejected on the same premise.
`
`Claim Rejections - 35 USC § 103
`
`5.
`
`In the event the determination of the status of the application as subject to ALA 35 U.S.C.
`
`102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) 1s incorrect, any correction of the
`
`statutory basis for the rejection will not be considered a new ground of rejection if the prior art
`
`relied upon, and the rationale supporting the rejection, would be the same underether status.
`
`6.
`
`The following is a quotation of 35 U.S.C. 103 which formsthe basis for all obviousness
`
`rejections set forth in this Office action:
`
`

`

`Application/Control Number: 17/077,450
`Art Umit: 2484
`
`Page 6
`
`A patent for a claimed invention may not be obtained, notwithstandingthat the claimed invention 1s not
`identically disclosed as set forth in section 102, 1f the differences between the claimed invention and the
`prior art are such that the claimed invention as a whole would have been obvious before the effective filing
`date of the claimed invention to a person having ordinary skillin the art to which the claimed invention
`pertains. Patentability shall not be negated by the manner in which the invention was made.
`
`7.
`
`The factual inquiries for establishing a background for determining obviousness under 35
`
`U.S.C. 103 are summarized as follows:
`
`1. Determining the scope and contents of the prior art.
`
`2. Ascertaining the differences between the prior art and the claimsat issue.
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`3. Resolving the level of ordinary skill in the pertinentart.
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`4. Considering objective evidence present in the application indicating obviousness or
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`nonobviousness.
`
`8.
`
`This application currently names joint inventors. In considering patentability of the claims
`
`the examiner presumes that the subject matter of the various clatms was commonly owned as of the
`
`effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant 1s
`
`advised of the obligaton under 37 CFR 1.56 to point out the inventor and effective filing dates of
`
`each claim that was not commonly ownedas of the effective filing date of the later invention in
`
`order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35
`
`U.S.C. 102(a)(2) prior art against the later invention.
`
`9.
`
`Claims 2 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Shimizu
`
`in view of Lainema (US 2019/0182504, referred to herein as “Lainema”).
`
`Regarding claim 2, Shimizu discloses: The encoder according to claim 1, as discussed above.
`
`Shimizu does not explicitly disclose: wherein the interprediction for the current block is interprediction
`
`in merge mode, and the arcuitry determines the base motion vector by selecting one candidate motion vectorfrom a hst
`
`indicating apluralty of candidate motion vectorsfor the current block.
`
`

`

`Application/Control Number: 17/077,450
`Art Umit: 2484
`
`Page 7
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`However, Lainema discloses: wherein the interprediction for the current block is inter prediction in
`
`merge mode (Lainema: paragraph [0111], disclosing a merge mode tn inter prediction), and the arcuitry
`
`determines the base motion vector by selecting one candidate motion vectorfrom a kst indicating aplurakty ofcandidate
`
`motion vectorsfor the current block (Lainema: paragraph [0111], disclosing selecting the vector based ona
`
`chosen candidate from alist of candidate vector predictions).
`
`At the tme the application waseffectively filed, tt would have been obvious for a person
`
`having ordinary skill in the art to use the motion coding of Lainemain the encoder of Shimizu.
`
`One would have been mottvated to modify Shimizu in this manner in order to improve
`
`video compression and permit storage and/ortransmission of video information at a lowerbitrate
`
`than otherwise might be needed (Lainema: paragraph [0003)).
`
`Regarding claim 8, the claim recites analogouslimitations to claim 2, above, and 1s therefore
`
`rejected on the same premise.
`
`Allowable Subject Matter
`
`10.
`
`Claims 4-6 and 10-12 are objected to as being dependent upon a rejected base claim, but
`
`would be allowable if rewritten in independent form including all of the limitations of the base claim
`
`and any intervening claims.
`
`11.
`
`The following is a statement of reasons for the indication of allowable subject matter:
`
`Shimizu—either alone or in combination with other prior art of record —doesnot teach, suggest, or
`
`disclose where the circuitry dertves, as the plurality of directions, a first direction and a second
`
`direction using a direction of the first motion vector, the first direction and the second direction
`
`being perpendicular to each other; and parses the delta motion vector using either one of thefirst
`
`

`

`Application/Control Number: 17/077,450
`Art Umit: 2484
`
`Page 8
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`direction or the second direction as the one direction, as recited in claims 4-6 and similarly in claims
`
`10-12.
`
`

`

`Application/Control Number: 17/077,450
`Art Umit: 2484
`
`Page 9
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`Conclusion
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`12.
`
`Any inquiry concerning this communication or earlier communications from the examiner
`
`should be directed to Christopher Braniff whose telephone number1s (571) 270-5009. The
`
`examiner can normally be reached on M-F 7AM to 4PM.
`
`Examinerinterviews 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 (ATR) at http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful,
`
`the examiner’s supervisor,
`
`That Tran can be reached on (571) 272-7382. The fax phone numberfor the organization where
`
`this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an applicaton may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`may be obtatned from either Private PAIR or Public PAIR. Status information for unpublished
`
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`
`CHRISTOPHER T. BRANIFF
`Primary Examiner
`Art Unit 2484
`
`/CHRISTOPHER BRANIFF/
`Primary Examiner, Art Unit 2484
`
`