UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`15/915,588
`
`03/08/2018
`
`Virginie DRUGEON
`
`2018-0363A
`
`9949
`
`06’1“”
`- 759°
`”5044
`Wenderoth, L1nd & Ponack, L.L.P.
`1025 Connecticut Avenue, NW
`Suite 500
`
`Washington DC 20036
`
`SUH‘ JOSEPH JINWOO
`
`2485
`
`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`06/14/2019
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`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
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`following e—mail address(es):
`eoa @ wenderoth. com
`kmiller @ wenderothcom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`0/7709 A0170” Summary
`
`Application No.
`15/915,588
`Examiner
`JOSEPH SUH
`
`Applicant(s)
`DRUGEON etal.
`Art Unit
`AIA (FITF) Status
`2485
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from 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, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
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`1). Responsive to communication(s) filed on 6/5/18.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)D This action is FINAL.
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`2b)
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`This action is non-final.
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`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
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`4)[:] 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 Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)
`Claim(s)
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`1—20 is/are pending in the application.
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`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
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`E] Claim(s)
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`is/are allowed.
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`Claim(s) fl is/are rejected.
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`[:1 Claim(s) _ is/are objected to.
`
`) ) ) )
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`6 7
`
`8
`
`
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`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabie. you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
`
`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10)[:] The specification is objected to by the Examiner.
`
`11). The drawing(s) filed on 6/5/18 is/are: a). 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)[:] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a)I:I All
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`b)D Some**
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`C)D None of the:
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`1.[:] Certified copies of the priority documents have been received.
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`2.[:] Certified copies of the priority documents have been received in Application No.
`
`3:] 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)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
`
`Part of Paper No./Mai| Date 20190329
`
`

`

`Application/Control Number: 15/915,588
`Art Unit: 2485
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`Page 2
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`The present application, filed on or after March 16, 2013,
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`is being examined under the
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`first inventor to file provisions of the AIA.
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`Claim Status
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`This Office Action responds to application 15/915588 filed on 3/8/18. Claims 1-20 are
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`pending.
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`Priority
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`Acknowledgment is made of applicant's claim for a provisional application filed on
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`3/10/17.
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`Information Disclosure Statement
`
`The Information Disclosure Statement received on 6/5/18 has been considered.
`
`Claim Rejections - 35 USC § 103
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`In the event the determination of the status of the application as subject to AIA 35
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`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any
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`correction of the statutory basis for the rejection will not be considered a new ground of
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`

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`Application/Control Number: 15/915,588
`Art Unit: 2485
`
`Page 3
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`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
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`the same under either status.
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness
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`rejections set forth in this Office action:
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`A patent for a claimed invention maynotbe obtained, notwithstanding that the claimed invention is not
`identicallydisclosed as set forth in section 102 ofthis title, if the differences between the claimed
`invention and the priorart are such that the claimed invention as awhole would have been obvious
`before the effective filing date of the claimed invention to a person having ordinaryskill in the art to
`which the claimed invention pertains. Patentabilityshall notbe negated by the manner in which the
`invention was made.
`
`1.
`
`Claims 1 - 20 are rejected under 35 U.S.C. 103 as being unpatentable
`
`over Krishnan et. al., US 2013/0121568 A1 (hereinafter Krishnan) in view of Jin et.
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`al., US 2018/0343469 A1 (hereinafter Jin).
`
`As for claim 1, Krishnan discloses an encoding device comprising: processing
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`circuitry ([0034], e.g., processor); and memory ([0063], e.g., memory), wherein, by
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`using the memory ([0063], e.g., memory),
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`the processing circuitry when performing the
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`filtering ([0015], e.g., filtered), the processing circuitry determines aweight ([0016],
`
`e.g., weighted) for each of the plurality of reference samples, based on a distance
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`([0016], e.g., distance) between the reference sample and the current reference
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`sample to be processed and a difference ([0017], e.g., intensity) in pixel value between
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`the reference sample and the current reference sample to be processed; weighted
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`addition using each of the pixel values of the plurality of reference samples and the
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`weight determined for each reference sample ([0016], e.g., weighted average).
`
`Krishnan does not explicitly disclose the processing circuitry: refers to, as a
`
`plurality of reference samples, either a plurality of pixels located on a left of a current
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`

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`Application/Control Number: 15/915,588
`Art Unit: 2485
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`Page 4
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`block to be predicted or a plurality of pixels located above the current block to be
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`predicted; performs filtering on a pixel value of a current reference sample to be
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`processed included in the plurality of reference samples, using pixel values of the
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`plurality of reference samples; generates a prediction image of the current block to be
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`predicted by performing intra prediction using the pixel value of the current reference
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`sample to be processed, the pixel value having been filtered in the filtering; and
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`calculates a difference between the current block to be predicted and the prediction
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`image, and performs filtering on the pixel value of the current reference sample to be
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`processed.
`
`However, Jin teaches the processing circuitry: refers to, as a plurality of
`
`reference samples ([0062], e.g., sample value of an adjacent block), either a plurality
`
`of pixels located on a left ([0067], e.g., left) of a current block to be predicted or a
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`plurality of pixels located above ([0067], e.g., upper) the current block ([0062], e.g.,
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`current block) to be predicted; performs filtering ([0075], e.g., filtering) on a pixel
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`value of a current reference sample ([0062], e.g., sample value of an adjacent block)
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`to be processed included in the plurality of reference samples, using pixel values of the
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`plurality of reference samples ([0062], e.g., sample value of an adjacent block);
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`generates a prediction image ([0062], e.g., predicted sample value) of the current
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`block to be predicted by performing intra prediction ([0062], e.g., intra mode) using the
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`pixel value of the current reference sample to be processed, the pixel value having been
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`filtered in the filtering ([0075], e.g., filtering); and calculates adifference ([0143], e.g.,
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`residual data) between the current block to be predicted and the prediction image, and
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`

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`Application/Control Number: 15/915,588
`Art Unit: 2485
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`Page 5
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`performs filtering ([0075], e.g., filtering) on the pixel value of the current reference
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`sample to be processed.
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`Therefore, given the teachings as awhole, it would have been obvious to one of
`
`ordinary skill
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`in the art before the effective filing date of the claimed invention, having
`
`the references of Krishnan and Jin before him/her to modify the system and method of
`
`image upsampling of Krishnan with the teaching of method and device for video
`
`decoding and method and device for video encoding of Jin in order to provide a video
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`decoding apparatus and apparatus and a video encoding method and apparatus which
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`perform intra prediction in an intra prediction mode as taught by Jin ([0001]) that allows
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`fast transmission of video information.
`
`As for claim 2, mostof limitations of this claim have been noted in the rejection
`
`of Claim 1.
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`In addition, Krishnan further discloses when determining the weight for each
`
`reference sample, the processing circuitry determines a smaller weight for the reference
`
`sample when the distance is longer ([0016], e.g., distance).
`
`As for claim 3, mostof limitations of this claim have been noted in the rejection
`
`of Claim 1.
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`In addition, Krishnan further discloses when determining the weight for each
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`reference sample, the processing circuitry determines a smaller weight for the reference
`
`sample when the difference in pixel value is larger ([0017], e.g., intensity).
`
`

`

`Application/Control Number: 15/915,588
`Art Unit: 2485
`
`Page 6
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`As for claim 4, mostof limitations of this claim have been noted in the rejection
`
`of Claim 1.
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`In addition, Krishnan further discloses the difference in pixel value is a
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`difference in luminance value ([0017], e.g., intensity).
`
`As for claim 5, mostof limitations of this claim have been noted in the rejection
`
`of Claim 1.
`
`Krishnan does not explicitly teach a first parameter based on a block size of the
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`current block to be predicted.
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`However, Jin teaches a first parameter ([0062], e.g., current block, N.B., block
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`size) based on a block size of the current block to be predicted.
`
`Therefore, given the teachings as awhole, it would have been obvious to one of
`
`ordinary skill
`
`in the art before the effective filing date of the claimed invention, having
`
`the references of Krishnan and Jin before him/her to modify the system and method of
`
`image upsampling of Krishnan with the teaching of method and device for video
`
`decoding and method and device for video encoding of Jin in order to provide a video
`
`decoding apparatus and apparatus and a video encoding method and apparatus which
`
`perform intra prediction in an intra prediction mode as taught by Jin ([0001]) that allows
`
`fast transmission of video information.
`
`In addition, Krishnan further discloses when determining the weight for each
`
`reference sample, the processing circuitry determines a smaller weight for the reference
`
`sample when a ratio of the distance with respect to a first parameter based on a block
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`size of the current block to be predicted is larger ([0016], e.g., distance).
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`

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`Application/Control Number: 15/915,588
`Art Unit: 2485
`
`Page 7
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`As for claim 6, mostof limitations of this claim have been noted in the rejection
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`of Claim 5.
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`Krishnan does not explicitly teach the first parameter indicates a larger value
`
`when the block size of the current block to be predicted is larger.
`
`However, Jin teaches the first parameter indicates a larger value when the block
`
`size of the current block to be predicted is larger ([0062], e.g., current block, N.B.,
`
`block size).
`
`Therefore, given the teachings as awhole, it would have been obvious to one of
`
`ordinary skill
`
`in the art before the effective filing date of the claimed invention, having
`
`the references of Krishnan and Jin before him/her to modify the system and method of
`
`image upsampling of Krishnan with the teaching of method and device for video
`
`decoding and method and device for video encoding of Jin in order to provide a video
`
`decoding apparatus and apparatus and a video encoding method and apparatus which
`
`perform intra prediction in an intra prediction mode as taught by Jin ([0001]) that allows
`
`fast transmission of video information.
`
`As for claim 7, mostof limitations of this claim have been noted in the rejection
`
`of Claim 1.
`
`In addition, Krishnan further discloses when determining the weight for each
`
`reference sample, the processing circuitry determines a smaller weight for the reference
`
`sample when a ratio of the difference in pixel value with respect to a second parameter
`
`([0018], e.g., Equation 1.4) based on contrast of the plurality of reference samples is
`
`larger ([0017], e.g., intensity).
`
`

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`Application/Control Number: 15/915,588
`Art Unit: 2485
`
`Page 8
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`As for claim 8, mostof limitations of this claim have been noted in the rejection
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`of Claim 7.
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`In addition, Krishnan further discloses the second parameter indicates a
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`smaller value when the contrast of the plurality of reference samples is lower ([0018],
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`e.g., Equation 1.4).
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`As for claim 9, mostof limitations of this claim have been noted in the rejection
`
`of Claim 1.
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`As for claim 10, the claim recites a decoding device of the device of claim 1, and
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`is similarly analyzed.
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`As for claim 11, the claim recites a decoding device of the device of claim 2, and
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`is similarly analyzed.
`
`As for claim 12, the claim recites a decoding device of the device of claim 3, and
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`is similarly analyzed.
`
`As for claim 13, the claim recites a decoding device of the device of claim 4, and
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`is similarly analyzed.
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`As for claim 14, the claim recites a decoding device of the device of claim 5, and
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`is similarly analyzed.
`
`

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`Application/Control Number: 15/915,588
`Art Unit: 2485
`
`Page 9
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`As for claim 15, the claim recites a decoding device of the device of claim 6, and
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`is similarly analyzed.
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`As for claim 16, the claim recites a decoding device of the device of claim 7, and
`
`is similarly analyzed.
`
`As for claim 17, the claim recites a decoding device of the device of claim 8, and
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`is similarly analyzed.
`
`As for claim 18, the claim recites a decoding device of the device of claim 9, and
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`is similarly analyzed.
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`As for claim 19, the claim recites an encoding method of the device of claim 1,
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`and is similarly analyzed.
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`As for claim 20, the claim recites a decoding method of the device of claim 1,
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`and is similarly analyzed.
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`Conclusion
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`The prior art made of record and not relied upon is considered pertinent to applicant's
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`disclosure:
`
`

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`Application/Control Number: 15/915,588
`Art Unit: 2485
`
`Page 10
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`US 2017/0094285 A1 discloses improved video intra prediction using position-
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`dependent prediction combination in video coding.
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`US 2017/0231593 A1 discloses a radiation image processing apparatus
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`that generates subtraction images from two dimensional images obtained by simple
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`imaging and tomographic images obtained by tomosynthesis imaging.
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`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to JOSEPH SUH whose telephone number is 571 -270-
`
`7484. The examiner can normally be reached on Monday - Thursday, 7:30 AM - 6:00
`
`PM.
`
`Examiner interviews are available via telephone,
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`in-person, and video conferencing
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`using a USPTO supplied web-based collaboration tool. To schedule an interview,
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`applicant is encouraged to use the USPTO Automated Interview Request (AIR) at
`
`http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Jay Patel can be reached on 571-272—2988. The fax phone number for the
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`organization where this application or proceeding is assigned is 571-273-8300.
`
`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
`
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`
`If you would like assistance from a USPTO
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`

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`Application/Control Number: 15/915,588
`Art Unit: 2485
`
`Page 11
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`Customer Service Representative or access to the automated information system, call
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`800-786-9199 (IN USA OR CANADA) or 571-272—1000.
`
`/JOSEPH SUH/
`
`Primary Examiner, Art Unit 2485
`
`