www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/417,517
`
`05/20/2019
`
`Chong Soon LIM
`
`735256.410C1
`
`7557
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`PARIKH, DAKSHESH D
`
`ART UNIT
`
`2488
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`06/08/2021
`
`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):
`USPTOeAction @ SeedIP.com
`
`pairlinkdktg @seedip.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1,7,13,19,25,31 and 43-62 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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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) 1,7,13,19,25,31 and 43-62 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* 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://www.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
`1.2 Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received 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 10/08/2020.
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`Interview Summary (PTO-413)
`Paper No(s)/Mail Date 5/19/2021,
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20210603
`
`Application No.
`Applicant(s)
`16/417,517
`LIM etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`DAKSHESH D PARIKH
`2488
`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 02/16/2021.
`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.
`
`

`

`Application/Control Number: 16/417,517
`Art Unit: 2488
`
`Page 2
`
`DETAIL
`
`Notice ofPre-AIA or AIA Status
`
`[1]
`
`The present application, filed on or after March 16, 2013, 1s being examined underthe first
`
`inventor to file provisions of the AIA.
`
`Applicant(s) Response to OfficialAction
`
`[2]
`
`The responsefiled on 02/16/2021 has been entered and madeofrecord.
`
`Claim Rejections - 35 USC § 102 and 35 USC § 103
`
`[3]
`
`Applicant’s presented arguments with regards to claims 1, 7, 13, 19, 25 and 31, filed
`
`02/16/2021 have been fully considered but are held unpersuasive. Examiner's response to the
`
`presented arguments follows below.
`
`Summary of Arguments:
`
`[4]
`
`Regarding Claims 1, 7, 13, 19, 25 and 31, argues that Chuang, does not appear to disclose
`
`splitting the block based on whetherfirst and second block-size conditionsare satisfied (in response
`
`to a size of a block of a picturesatisfying a first block-size condition satisfying a second block-size
`
`condition, the splitting along the single direction includes splitting the block along a shorter side of
`
`the block into an even number of sub blocks having a samesize) and writing partitioning- mode
`
`parameters into the bitstream based on whetherthefirst block-size condition 1s satisfied (in
`
`response to the size of the block notsatisfying the first block-size condition, writes a partitioning-
`
`

`

`Application/Control Number: 16/417,517
`Art Unit: 2488
`
`Page 3
`
`mode parameter into the bitstream correspondingto splitting the block into four sub blocks along
`
`vertical and horizontal directions, each of the four sub blocks having a samesize) as recited by the
`
`independent claims as amended. /Page 15-16/
`
`Exxaminer’s Response:
`
`Examinerrespectfully disagrees.
`
`[5]
`
`Regarding Claims 1, 7, 13, 19, 25 and 31, Examiner contends that
`
`1) The examinerts given the broadest reasonable interpretation when examining the
`
`claims.
`
`2) Chuang discloses
`
`a) quad-tree leaf nodesizeis not larger than a maximum allowed binary tree root
`
`node size (MaxBTSize), it can be further partitioned according to a binary tree
`
`structure. [Para 0085/, That is a first block-size condition, (1.e. Block-size =<
`
`MaxBTSize) 1s satisfied.
`
`b)
`
`1f the quad-tree leaf node size does not exceed the MaxBTSize of 64.times.64),
`
`the leaf quad-tree node may be further partitioned according to the binary tree
`
`structure. /Para 0087]
`
`c) video encoder 20 and video decoder 30 implement a horizontal version of the
`
`binary tree-based split, with respect to the leftmost sub-block of the top-right
`
`sub-block of block 90. The binary tree-based splitting 1s denoted 1n partitioning
`
`tree 92 using a dashed-line two-way split of the leftmost node that resulted from
`
`the split of the second-from-left branch. /Fig. 7A-B, Para 0095]; That 1s a second
`
`block-size condition,(1.e. width < height) 1s satisfied.
`
`

`

`Application/Control Number: 16/417,517
`Art Unit: 2488
`
`Page 4
`
`d)
`
`top-right sub-block of block 92 1s split according to the center-side triple tree
`
`partitioning structure, to form three rectangular sub-blocks.; Fig. 7A-B, Para
`
`0094, That is @vidth = height), therefore, width < height second block-size
`
`condition 1s notsatisfied)
`
`video encoder 20 may signal a one-bit flag, or an index, or multiple flags to
`
`enable video decoder 30 to decide or determine which of the above-mentioned
`
`splitting schemes should be implemented. [Para 0137]
`
`video encoder 20 maysignal for the various partitioning schemesthat are
`
`possible tn the PT-portion of a multi-type tree-partitioned block partitions and
`
`binary codeword "111" indicates vertical center-side triple tree-based
`
`partitioning, where Thefirst (leftmost) bin represents the value of a PT split flag
`
`(indicating whether the CU1s split or not), the second bin represents the PT split
`
`direction (e.g., horizontal or vertical), and the third bin represents the PT split
`
`mode(e.g., binary tree or center-side triple tree). Fig. 8, Para 0100]
`
`video encoder 20 maysignal three bits or bins for each PT nodeto indicate the
`
`partitioning information for the corresponding PT node. /Fug. 7A-B, 8, Para
`
`0101]
`
`a node in the quadtree may include a split flag, indicating whether the CU
`
`corresponding to the node1s split into sub-CUs.; [Para 0038]
`
`For the quad tree-based portion of the QTBTstructure, there is no need to
`
`signal an indication of the splitting type (1.e., horizontal or vertical), because the
`
`splitting nodes of the quad tree-based portion are always split horizontally and
`
`vertically into four (4) sub-blocks with equal sizes.; [Para 0088/
`
`

`

`Application/Control Number: 16/417,517
`Art Unit: 2488
`
`Page 5
`
`Therefore, from aboveit 1s clear that Chuang discloses a first block size condition and
`
`second block size condition and based onsatisfying the first block condition and second
`
`block condition splitting the block in single direction and splitting along a shorter direction
`
`into an even numberof blocks having the same size and writing partitioning mode
`
`parameters (2.e. flags or an indexes) into the bitstream based on whetherthe first block-size
`
`condition1s satisfied (in response to the size of the block notsatisfying the first block-size
`
`condition, writes a partittoning-mode parameterinto the bitstream correspondingto splitting
`
`the block into four sub blocks along vertical and horizontal directions, each of the four sub
`
`blocks having a samesize.
`
`Therefore, regarding Claims 1, 7, 13, 19, 25 and 31, Chuang, does appearto disclose splitting
`
`the block based on whetherfirst and second block-size conditionsare satisfied (in response
`
`to a size of a block of a picture satisfying a first block-size condition satisfying a second
`
`block-size condition, the splitting along the single direction includes splitting the block along
`
`a shorter side of the block into an even number of sub blocks having a samesize) and
`
`writing partitioning- mode parameters into the bitstream based on whetherthefirst block-
`
`size condition is satisfied (in response to the size of the block not satisfying the first block-
`
`size condition, writes a partitioning-mode parameterinto the bitstream corresponding to
`
`splitting the block into four sub blocks along vertical and horizontal directions, each of the
`
`four sub blocks having a samesize) as recited by the independent claims as amended.
`
`Accordingly, Examiner maintains the rejection.
`
`Claims Objected to, Minor Informalities
`
`[6]
`
`Claim 62 objected to because of the following informalities:
`
`

`

`Application/Control Number: 16/417,517
`Art Unit: 2488
`
`Page 6
`
`In claim 62, the claim limitations “... a binary-tree partitioning mode; a multiple-tree
`
`partitioning mode; a horizontal partitioning mode; a vertical partitioning mode; a symmetric
`
`partitioning mode; an asymmetric partitioning mode; a ratio of a block width to a block
`
`height of sub blocks; or combinations thereof.” appears to be a typo error, (1e. 1t is an extra
`
`text, which shall not be present) when looking at the similar claims 47, 52 and 57.
`
`Appropriate correction 1s required.
`
`Examiner’s Note regarding claim interpretation
`
`[7]
`
`Regarding claims 1, 7, 13, 19, 25, 31, 43-62,the claim limitations regarding “first block-size
`
`condition” and “second block-size condition” are not explicitly disclosed in the specifications as
`
`claimed, but they are implicitly disclosed in the Fig. 38-41 and 44-49 and associated text 1n the
`
`instant application.
`
`
`
`[8] The non-statutory double patenting rejection is based onajudicially created doctrine
`
`Double Patenting
`
`grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or
`
`improper timewise extension of the “right to exclude” granted by a patent and to prevent possible
`
`harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection 1s
`
`appropriate where the conflicting claims are not identical, but at least one examined application
`
`claim is not patentably distinct from the reference claim(s) because the examined application claim is
`
`either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg,
`
`

`

`Application/Control Number: 16/417,517
`Art Unit: 2488
`
`Page 7
`
`140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010
`
`(Fed. Cir. 1993); In re Long?, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686
`
`F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and
`
`In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
`
`A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be
`
`used to overcome an actual or provisional rejection based on a nonstatutory double patenting
`
`ground provided the conflicting application or patent either is shown to be commonly owned with
`
`this application, or claims an invention madeasaresult of activities undertaken within the scope of a
`
`joint research agreement.
`
`Effective January 1, 1994, a registered attorney or agent of record may sign a terminal
`
`disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
`
`[9]
`
`Claims 1, 7, 13, 19, 25, 31, 43-62 are provisionally reyected on the ground of nonstatutory
`
`obviousness-type double patenting as being unpatentable over claim 1-38 of co-pending Application
`
`No 16/417514, in view of US Publication Chuanget al. (US20180070110A1) (hereinafter Chuang).
`
`Although the conflicting claims are not identical, they are not patentably distinct from each other
`
`because it is merely 1n the terminology used in both sets of claims.
`
`The subject matter claimed tn the instant application 1s fully disclosed in the referenced
`
`patent and would be covered by any patent granted on that patents since the referenced patents and
`
`the instant application are claiming common subject matter, as follows:
`
`*Note: Bold indicates the common subject matter
`
`Instant Application: 16/417,517
`
`Co-pending Application: 16/417514
`
`

`

`Application/Control Number: 16/417,517
`Art Unit: 2488
`
`
`Page 8
`
`(Currently Amended) An image
`7.
`encoder comprising: a splitter which,
`in operation, receives and splits an
`original picture into blocks; a first
`adder which,
`in operation, receives
`the blocks from the splitter and
`predictions from a prediction
`controller, and subtracts each
`prediction from its corresponding
`block to output a residual; a
`transformer which,
`in operation,
`performs a transform on the residuals
`outputted from the adder to output
`transform coefficients; a quantizer
`which,
`in operation, quantizes the
`transform coefficients to generate
`quantized transform coefficients; an
`entropy encoder which,
`in operation,
`encodes the quantized transform
`coefficients to generate a bitstream;
`an inverse quantizer and transformer
`which,
`in operation,
`inverse
`quantizes the quantized transform
`coefficients to obtain the transform
`coefficients and inverse transforms
`the transform coefficients to obtain
`
`the residuals; a second adder which,
`in operation, adds the residuals
`outputted from the inverse quantizer
`and transformer and the predictions
`outputted from the prediction
`controller to reconstruct the blocks;
`and the prediction controller coupled
`to an inter predictor, an intra
`predictor, and a memory, wherein the
`inter predictor,
`in operation,
`generates a prediction of a current
`block based on a reference block in
`
`8. An image encoder comprising: a
`splitter which,
`in operation,
`receives and splits an original
`picture into blocks; a first adder
`which,
`in operation, receives the
`blocks from the splitter and
`predictions from a prediction
`controller, and subtracts each
`prediction from its corresponding
`block to output a residual; a
`transformer which,
`in operation,
`performs a transform on the residuals
`outputted from the adder to output
`transform coefficients; a quantizer
`which,
`in operation, quantizes the
`transform coefficients to generate
`quantized transform coefficients; an
`entropy encoder which,
`in operation,
`encodes the quantized transform
`coefficients to generate a bitstream;
`an inverse quantizer and transformer
`which,
`in operation,
`inverse
`quantizes the quantized transform
`coefficients to obtain the transform
`coefficients and inverse transforms
`the transform coefficients to obtain
`
`the residuals; a second adder which,
`in operation, adds the residuals
`outputted from the inverse quantizer
`and transformer and the predictions
`outputted from the prediction
`controller to reconstruct the blocks;
`and the prediction controller coupled
`to an inter predictor, an intra
`predictor, and a memory, wherein the
`inter predictor,
`in operation,
`generates a prediction of a current
`block based on a reference block in
`
`an encoded reference picture and the
`intra predictor,
`in operation,
`generates a prediction of a current
`block based on an encoded reference
`
`an encoded reference picture and the
`intra predictor,
`in operation,
`generates a prediction of a current
`block based on an encoded reference
`
`block in a current picture, wherein
`the prediction controller,
`in
`operation:
`
`block in a current picture, wherein
`the prediction controller,
`in
`operation:
`
`in response to a size of the current
`block of the picture satisfying a
`first block-size condition, splits
`the current block into sub blocks
`
`along a single direction, wherein,
`
`in response to splitting a block of a
`picture into sub blocks along a
`single direction, sets one or more
`parameters to a first set of values;
`
`
`
`in response to splitting the block
`into four sub blocks using a first
`
`
`
`
`
`
`
`in response to the size of the
`current block satisfying a second
`block-size condition,
`the splitting
`along the single direction includes
`splitting the current block along a
`
`
`
`

`

`Application/Control Number: 16/417,517
`Art Unit: 2488
`
`
`Page 9
`
`shorter side of the current block
`into an even number of sub blocks
`
`having a same size; and
`
`in response to the size of the
`current block not satisfying the
`second block- size condition,
`the
`splitting along the single direction
`includes splitting the current block
`into sub blocks having different
`sizes;
`
`to the size of the
`the
`
`
`
`
`
`
`
`
`
`
`
`partition, each of the sub blocks
`having a same size, sets the one or
`more parameters to a second set of
`values different from the first set
`
`
`
`
`
`of values,
`
`in response to splitting the block
`into three sub blocks using a second
`partition, ratios of sizes of the sub
`blocks being 1:2:1,
`
`
`
`
`
`
`the second partition not including a
`partition splitting the block into
`four same-sized sub blocks, sets the
`one or more parameters to a third set
`of values different from the first
`and second sets of values; encodes
`the sub blocks of the block, and
`writes the one or more parameters
`into the bit stream.
`
`
`
`in response
`current block not satisfying
`first block-size condition, splits
`the block into four sub blocks along
`vertical and horizontal directions,
`the four sub blocks having a same
`Size; and encodes the sub blocks of
`the current block, wherein the
`prediction controller,
`in operation:
`in response to the size of the block
`satisfying the first block-size
`condition and not satisfying the
`second block-size condition, writes a
`partitioning-mode parameter into a
`bitstream corresponding to splitting
`the block into sub blocks including
`sub blocks having different sizes;
`and in response to the size of the
`block not satisfying the first block-
`size condition, writes a
`partitioning-mode parameter into the
`bitstream corresponding to splitting
`the block into four sub blocks along
`vertical and
`horizontal directions,
`each of the
`four sub blocks having a
`same size.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`[10]
`
`Referring to claims 7, although conflicting application 16/417514 do not explicitly disclose
`
`what’s claimed in instant application 16/417517,“... in responseto a size of the current block of
`
`the picture satisfying a first block-size condition, splits the current block into sub blocks along a
`
`single direction, wherein, in response to the size of the current block satisfying a second block-size
`
`condition, the splitting along the single direction includes splitting the current block along a shorter
`
`side of the current block into an even numberof sub blocks having a samesize; and 1n response to
`
`the size of the current block not satisfying the second block- size condition, the splitting along the
`
`

`

`Application/Control Number: 16/417,517
`Art Unit: 2488
`
`Page 10
`
`single direction includes splitting the current block into sub blocks having different sizes; in
`
`response to the size of the current block notsatisfying the first block-size condition, splits the block
`
`into four sub blocks along vertical and horizontal directions, the four sub blocks having a samesize;
`
`and encodes the sub blocks of the current block, wherein the prediction controller, in operation: in
`
`response to the size of the block satisfying the first block-size condition and notsatisfying the
`
`second block-size condition, writes a partitioning-mode parameter into a bitstream corresponding to
`
`splitting the block into sub blocks including sub blocks having different sizes; and in response to the
`
`size of the block notsatisfying the first block-size condition, writes a partitioning-mode parameter
`
`into the bitstream corresponding to splitting the block into four sub blocks along vertical and
`
`horizontal directions, each of the four sub blocks having a samesize. ”
`
`However, in the same field of endeavor Chuangdiscloses “... in response to a size of the
`
`current block of the picture satisfying a first block-size condition,splits the current block into sub
`
`blocks along a single direction, wherein, in response to the size of the current block satisfying a
`
`second block-size condition, the splitting along the single direction includessplitting the current
`
`block along a shorter side of the current block into an even number of sub blocks having a same
`
`size; and in response to the size of the current block not satisfying the second block- size condition,
`
`the splitting along the single direction includes splitting the current block into sub blocks having
`
`different sizes; 1n response to the size of the current block notsatisfying the first block-size
`
`condition, splits the block into four sub blocks along vertical and horizontal directions, the four sub
`
`blocks having a same size; and encodes the sub blocks of the current block, wherein the prediction
`
`controller, in operation: in response to the size of the block satisfying the first block-size condition
`
`and notsatisfying the second block-size condition, writes a partitioning-mode parameter into a
`
`bitstream corresponding to splitting the block into sub blocks including sub blocks having different
`
`sizes; and in response to thesize of the block not satisfying the first block-size condition, writes a
`
`

`

`Application/Control Number: 16/417,517
`Art Unit: 2488
`
`Page 11
`
`partitioning-mode parameter into the bitstream corresponding to splitting the block into four sub
`
`blocks along vertical and horizontal directions, each of the four sub blocks having a samesize.”
`
`[Chuang: Fig. CA-B, 7A-B, 8, Para 0038, 0085-0088, 0093-0095, OO99, 0100, 101, 0137]
`
`Therefore, tt would have been obvious to the person of ordinary skill in the art at the time of
`
`the invention to modify the system disclosed by conflicting application 16/417,514 add the
`
`teachings of Chuang as above, in order to provide better coding efficiency. /Chuang: Para 0098]
`
`[11]
`
`Claim 1, 13, 19, 25 and 31 are analogues the device claim 7, therefore, at least for this reason
`
`claim 1, 13, 19, 25 and 31 are rejected similarly to claim 7.
`
`[12]
`
`Regarding dependent claims 43-62, Claims 43-62 correspond to claim 1-38 of conflicting
`
`Co-pending Application 16/417514 and obvious over Chuang.
`
`Notcere prior art available under both pre-AIA and AIA
`
`In the event the determination of the status of the application as subject to ATA 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 groundof rejection if the priorart
`
`relied upon, and the rationale supporting the rejection, would be the same undereitherstatus.
`
`Claim Rejections - 35 USC § 103
`
`The following 1s a quotation of 35 U.S.C. 103 which forms the basis for all obviousness
`rejections set forth in this Office action:
`
`

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`Application/Control Number: 16/417,517
`Art Unit: 2488
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`Page 12
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`A patent for a claimed mvention may not be obtained, notwithstanding that the claimed mvention is not
`identically disclosed as set forth in section 102 of thistitle, if 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 skill in the art to which the
`claimed invention pertains. Patentability shall not be negated by the manner in which the invention was
`made.
`
`Thefactual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966),
`that are applied for establishing a background for determining obviousness under 35 U.S.C.
`103 are summarized as follows:
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`1. Determining the scope and contents of the prior art.
`2. Ascertaining the differences between the prior art and the claimsat issue.
`3. Resolving the level of ordinary skill in the pertinentart.
`4. Considering objective evidence present in the application indicating obviousness or
`nonobviousness.
`
`This application currently names joint inventors. In considering patentability of the claims
`the examiner presumesthat the subject matter of the various claims was commonly owned
`as of the effective filing date of the claimed invention(s) absent any evidence to the contrary.
`Applicantis advised of the obligation under 37 CFR 1.56 to point out the inventor and
`effective filing dates of each claim that was not commonly owned as of the effective filing
`date of the later invention 1n 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.
`
`[13]
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`Claim 1, 7, 13, 19, 25, 31, 43-62 is/are rejected under 35 U.S.C. 103 as being unpatentable
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`over Chuang et al. (US20180070110A1) (hereinafter Chuang).
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`Regarding Claim 7, Chuang meets the limitations as follows:
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`An image encoder /Fig. 2, and associated text, Para 0052-0053, 0177, discloses an
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`image encoder] comprising:
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`a splitter which, tn operation, recetves and splits an original picture into
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`blocks; /48 Fig. 2, and associated text, Para 0055, discloses splittingpicture in LOU]
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`a first adder which, in operation, receives the blocks from the splitter and
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`predictions from a prediction controller, and subtracts each prediction from its
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`Application/Control Number: 16/417,517
`Art Unit: 2488
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`Page 13
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`corresponding block to output a residual; [50 Pig. 2, and associated text, Para 0056,
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`0059)
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`a transformer which, in operation, performs a transform on the residuals
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`outputted from the adder to output transform coefficients; 92 Fag. 2, and assocated
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`text, Para 0053, 0065-0066]
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`a quantizer which, in operation, quantizes the transform coefficients to
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`generate quantized transform coefficients; [54 Fug. 2, and associated text, Para 0053,
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`0066]
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`an entropy encoder which, in operation, encodes the quantized transform
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`coefficients to generate a bitstream; /56 Pig. 2, and associated text, Para 0053, 0056,
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`0058, 0064, 0066-0067]
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`an inverse quantizer and transformer which, in operation, inverse quantizes
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`the quantized transform coefficients to obtain the transform coefficients and inverse
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`transforms the transform coefficients to obtain the residuals; [58 Fig. 2, and associated
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`text, Para 0053, 0068)
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`a second adder which, in operation, adds the residuals outputted from the
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`inverse quantizer and transformer and the predictions outputted from the prediction
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`controller to reconstruct the blocks; /62 Fig. 2, and associated text, Para 053, 0056,
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`0068) and
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`the prediction controller coupled to an inter predictor, an intra predictor, and
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`a memory, wherein the inter predictor, in operation, generates a prediction of a
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`current block based on a reference block in an encoded reference picture and the
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`intra predictor, in operation, generates a prediction of a current block based on an
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`Application/Control Number: 16/417,517
`Art Unit: 2488
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`Page 14
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`encoded reference block in a current picture, /Fig. 2, and associated text, Para 0052-
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`0058, 0068-0072] wherein the prediction controller, in operation:
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`in response to a size of the current block of the picture satisfying a first
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`block-size condition, (7.2. Block-size =< MaxBTSize, afirst block condition ts satisfied) [i.e.
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`guad-tree leafnode size is not larger than a maximum allowed binary tree root node size
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`(MaxBTSize), it can befurtherpartitioned according to a binary tree structure; Para 0085 andif
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`the quad-tree leafnode size does not exceed the MaxBTSize of64.times.64), the leafquad-tree
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`node may befurtherpartitioned according to the binary tree structure.; Para 0087] splits the
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`current block into sub blocks along a single direction,/7.¢. ¢fthe guad-tree leafnode size
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`does not exceed the MaxBTSize of64.times.64), the leafquad-tree node may befurtherpartitioned
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`according to the binary tree structure.;[Para 0087] and In each splitting node (i.e., non-leafnode) of
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`the binary tree portion ofFIG. 6B, video encoder 20 may signal oneflag to indicate which binary
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`splitting type (i.e., horizontal or vertical) is used.;[Fig. CA-B, Fig, 7A-B, Para 0088] wherein,
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`in response to the size of the current block satisfying a second block-size
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`condition, (i.e. wzdth < height second block size condition is satisfied) the splitting along the
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`single direction includes splitting the current block along a shorter side of the current
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`block into an even number of sub blocks having a samesize; /.e. wdeo encoder 20 and
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`udeo decoder 30 implement a horizontal version ofthe binary tree-based split, with respect to the
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`leftmost sub-block ofthe top-right sub-block ofblock 90. The binary tree-based splitting is denoted
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`in partitioning tree 92 using a dashed-hne two-way split ofthe leftmost node that resultedfrom the
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`split ofthe second-from-left branch.; Fig. 7A-B, Para 0095] and
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`in response to the size of the current block notsatisfying the second block-
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`size condition, (2.2. wtdth = height, width < height second condition is not satisfied) the
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`splitting along the single direction includessplitting the current block into sub blocks
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`Application/Control Number: 16/417,517
`Art Unit: 2488
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`Page 15
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`having different sizes; /2.e. fop-right sub-block of block 92 is split according to the center-side
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`triple treepartitioning structure, toform three rectangular sub-blocks.; Fig. 7A-B, Para 0094)
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`in response to the size of the current block notsatisfying the first block-size
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`condition,(i.e. Block-size > MaxBTSize, therefore, Block-size =< MaxBTSizeafirst block
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`size condition is not satisfied) splits the block into four sub blocks along vertical and
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`horizontal directions, the four sub blocks having a samesize; /7.e CTU size is set as
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`128.times.128 and MaxBTSizeis set as 64.times.64, and quadtreepartitioning is applied to the
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`CTUfirst, to generate quad-tree leafnodes, Para 0086, and block 90 isfirstpartitioned according
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`to the quadtree structure, intofour square sub-blocks; Fig. 7A-B, Para 0093] and
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`encodes the sub blocks of the current block, /2.e. wdeo encoder 20 may signal a
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`one-litflag, or an index, or multipleflags to enable video decoder 30 to decide or determine which of
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`the above-mentioned splitting schemes should be implemented. ; Para 0137] wherein the
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`prediction controller, in operation:
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`in response to the size of the block satisfying the first block-size condition
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`and notsatisfying the second block-size condition, writes a partitioning-mode
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`parameter into a bitstream correspondingto splitting the block into sub blocks
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`including sub blocks having different sizes; /2.e. wideo encoder 20 may signalfor the various
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`partitioning schemes that arepossible in the PT-portion ofa multi-type tree-partitioned block
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`partitions and binary co