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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
`
`16/564,680
`
`09/09/2019
`
`Virginie DRUGEON
`
`2019-1543A
`
`3351
`
`CP
`Lind&
`Wenderoth,
`Wenderoth, Lind & Ponack, L.L.P.
`1025 Connecticut Avenue, NW
`Suite 500
`Washington, DC 20036
`
`ANYIKIRE, CHIKAODILI E
`
`2487
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`04/07/2022
`
`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)
`
`

`

`
`
`Disposition of Claims*
`1-4,8-11 and 15-19 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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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) 1-4,8-11 and 15-18 is/are rejected.
`Claim(s) 19 is/are objectedto.
`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) The specification is objected to by the Examiner.
`11)() The drawing(s) filedon__ is/are: a)C) 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). Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`cc) None ofthe:
`b)L) Some**
`a)D) All
`1.1) Certified copies of the priority documents have been received.
`2.1) Certified copies of the priority documents have beenreceived in Application No.
`3.2.) 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)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20220404
`
`Application No.
`Applicant(s)
`16/564,680
`DRUGEON etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`CHIKAODILI E ANYIKIRE
`2487
`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 2/10/2022.
`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: 16/564,680
`Art Unit: 2487
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA or AIA Status
`
`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`Responseto Arguments
`
`Applicant’s arguments with respect to claim(s) 17 and 18 have been considered
`
`but are moot because the new ground of rejection does not rely on any reference
`
`applied in the prior rejection of record for any teaching or matter specifically challenged
`
`in the argument.
`
`Claim Rejections - 35 USC § 102
`
`In the event the determination of the status of the application as subject to AIA 35
`
`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103)is 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 under either status.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
`
`form the basis for the rejections under this section madein this Office action:
`
`A person shall be entitled to a patent unless —
`
`(a)(2) the claimed invention was described in a patent issued under section 151, or in an
`application for patent published or deemed published under section 122(b), in which the
`
`

`

`Application/Control Number: 16/564,680
`Art Unit: 2487
`
`Page 3
`
`patent or application, as the case may be, namesanother inventor and waseffectively filed
`before the effective filing date of the claimed invention.
`
`Claim(s) 1-4, 8-11, 15, and 16 is/are rejected under 35 U.S.C. 102(a)(2) as
`
`being anticipated by Zhao et al (US 2019/0110045, hereafter Zhao).
`
`As per claim 1, Zhao discloses an encoder, comprising:
`
`circuitry; and
`
`a memory connected to the circuitry, wherein, in operation, the circuitry:
`
`performs a determination process of enabling or disabling a position dependent
`
`intra prediction combination (PDPC) process which is a process of determining a
`
`plurality of predicted values of a pixel in a current picture to be encoded, on a block-
`
`by- block basis based on availability of at least one reference pixel amongaplurality of
`
`reference pixels ({ 131),
`
`the determination process being performed by(i) generating the plurality of
`
`predicted values of the pixel, using a plurality of reference pixels in the current picture,
`
`and (ii) regardless of a shape of a current block to be processed, filtering the plurality of
`
`predicted values based on a position of the pixel, using as inputs coordinates of a pixel
`
`located at an upper-left of the current block, a width and a height of each of the plurality
`
`of reference pixels, and a kind of an intra prediction mode (¥ 134 and 135),
`
`wherein (i) when a result of the determination processindicates that the at least
`
`one reference pixel is available, the circuitry enables the PDPC processon the block-
`
`by-block basis, and (ii) when a result of the determination process indicates that the at
`
`least one reference pixel is unavailable, the circuitry disables the PDPC process on the
`
`block-by-block basis ({ 131 and 138).
`
`

`

`Application/Control Number: 16/564,680
`Art Unit: 2487
`
`Page 4
`
`As per claim 2, Zhao discloses the encoder according to claim 1, wherein when
`
`at least one prediction mode among Planarintra prediction mode, DCintra prediction
`
`mode, and CCLM intra prediction mode is used to calculate the predicted values of the
`
`pixel in the current block to be processed in the current picture, the circuitry determines
`
`the availability of the at least one reference pixel which is located left of and above the
`
`current block, and determines whether the filtering is to be applied to the process of
`
`determining the predicted value (¢ 104 and 131).
`
`As per claim 3, Zhao discloses the encoder according to claim 2, wherein when
`
`a vertical intra prediction direction is used to calculate the predicted value of the pixel in
`
`the current block,the circuitry determines availability of a reference pixel which is
`
`located left of the current block, and determines whether the filtering is to be applied to
`
`the process of determining the predicted value ( 131).
`
`As per claim 4, Zhao discloses the encoder according to claim 2, wherein when
`
`a horizontal intra prediction direction is used to calculate the predicted value of the pixel
`
`in the current block, the circuitry determines availability of a reference pixel which is
`
`located abovethe current block, and determines whether the filtering is to be applied to
`
`the process of determining the predicted value ({ 131).
`
`Regarding claim 8, arguments analogous to those presented for claim 1 are
`
`applicable for claim 8.
`
`Regarding claim 9, arguments analogous to those presentedfor claim 2 are
`
`applicable for claim 9.
`
`Regarding claim 10, arguments analogous to those presented for claim 3 are
`
`applicable for claim 10.
`
`

`

`Application/Control Number: 16/564,680
`Art Unit: 2487
`
`Page 5
`
`Regarding claim 11, arguments analogous to those presentedfor claim 4 are
`
`applicable for claim 11.
`
`Regarding claim 15, arguments analogous to those presented for claim 1 are
`
`applicable for claim 15.
`
`Regarding claim 16, arguments analogous to those presented for claim 2 are
`
`applicable for claim 16.
`
`Claim(s) 17 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable
`
`over Koo et al (US 2021/0160490, hereafter Koo).
`
`As per claim 17, Koo discloses an encoder, comprising:
`
`circuitry; and a memory connectedto the circuitry, wherein, in operation, the
`
`circuitry: generates a plurality of predicted values of a current block in a current picture,
`
`using a plurality of reference pixels in the current picture; and determines whether to
`
`perform a wide angle intra prediction based on availability of at least one reference pixel
`
`among the plurality of reference pixels ({ 105), wherein (i) when the at least one
`
`reference pixel located aboveright of the current block is determined to be not available
`
`when a width of the current block is greater than a height of the current block, and (il)
`
`when the at least one reference pixel located bottom left of the current blockis
`
`determined to be not available when the height of the current block is greater than the
`
`width of the current block, the wide angle intra prediction is disabled (4 297 - 315).
`
`Regarding claim 18, arguments analogous to those presented for claim 17 are
`
`applicable for claim 18.
`
`

`

`Application/Control Number: 16/564,680
`Art Unit: 2487
`
`Page 6
`
`Claim(s) 19 objected to as being dependent uponarejected base claim, but
`
`Allowable Subject Matter
`
`would be allowable if rewritten in independent form including all of the limitations of the
`
`base claim and any intervening claims.
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to CHIKAODILI E ANYIKIRE whose telephone number is
`
`(571)270-1445. The examiner can normally be reached on 8 am - 4:30 pm.
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-basedcollaboration tool. To schedule an
`
`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http:/Awww.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, David Czekaj can be reached on 571-272-7327. The fax phone number for
`
`the 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 more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`

`

`Application/Control Number: 16/564,680
`Art Unit: 2487
`
`Page 7
`
`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 automatedinformation
`
`system, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/CHIKAODILI E ANYIKIRE/
`Primary Examiner, Art Unit 2487
`
`

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