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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
`
`06/03/2021
`
`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)
`
`

`

`
`
`Disposition of Claims*
`1-4,7-11 and 14-18 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C] Claim(s)__ is/are allowed.
`Claim(s) 1-4,7-11 and 14-18 is/are rejected.
`(1 Claim(s)__is/are objectedto.
`C} Claim(s)
`are subjectto restriction and/or election requirement
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://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)
`
`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 20210526
`
`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 5/19/2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)¥) This action is FINAL.
`2b) (J This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 16/564,680
`Art Unit: 2487
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined
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`under the first inventor to file provisions of the AIA.
`
`Responseto Arguments
`
`Applicant’s arguments with respect to claim(s) 1-4, 7-11, and 14 - 18 have
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`been considered but are moot because the new ground of rejection does not rely on any
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`reference applied in the prior rejection of record for any teaching or matter specifically
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`challenged in the argument.
`
`Claim Rejections - 35 USC § 102
`
`(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
`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, 7-11, and 14 - 16 is/are rejected under 35 U.S.C. 102(a)(2) as
`
`being anticipated by Van der Auweraet al (US 2019/0306513, hereafter Van der
`
`Auwera).
`
`As per claim 1, Van der Auwera discloses an encoder, comprising:
`
`circuitry; and a memory connectedto the circuitry, wherein, in operation, the
`
`circuitry:
`
`generates a plurality of predicted values of a pixel in a current picture to be
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`encoded, using a plurality of reference pixels in the current picture; and
`
`

`

`Application/Control Number: 16/564,680
`Art Unit: 2487
`
`Page 3
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`regardless of a shape of a current block to be processed, enables or disables a
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`process of determining a predicted value of the pixel on a block-by-block basis based
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`on availability of at least one reference pixel among the plurality of reference pixels by
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`filtering the plurality of predicted values based on a position of the pixel, the process
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`being a Position DependentIntra Prediction Combination (PDPC) process, wherein (i)
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`when the at least one reference pixel is available, the circuitry enables the PDPC
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`process on the block-by-blockbasis, and (ii) when the at least one reference pixel is
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`unavailable, the circuitry disables the PDPC process on the block-by-block basis (4 119
`
`and 120).
`
`As per claim 2, Van der Auwera discloses the encoder according to claim 1,
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`wherein when at least one prediction mode among Planarintra prediction mode, DC
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`intra prediction mode, and CCLM intra prediction modeis used to calculate the
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`predicted values of the pixel in a current block to be processed in the current picture,
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`the circuitry determines the availability of the at least one reference pixel which is
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`located left of and above the current block, and determines whether the filtering is to be
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`applied to the process of determining the predicted value (§ 7 and 15).
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`As per claim 3, Van der Auwera discloses the encoder according to claim 2,
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`wherein when a vertical intra prediction direction is used to calculate the predicted value
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`of the pixel in the current block, the circuitry determines availability of a reference pixel
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`whichis located left of the current block, and determines whether the filtering is to be
`
`applied to the process of determining the predicted value (§ 7 and 15).
`
`As per claim 4, Van der Auwera discloses the encoder according to claim 2,
`
`wherein whenahorizontal intra prediction direction is used to calculate the predicted
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`

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`Application/Control Number: 16/564,680
`Art Unit: 2487
`
`Page 4
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`value of the pixel in the current block, the circuitry determines availability of a reference
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`pixel which is located above the current block, and determines whether the filtering is to
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`be applied to the process of determining the predicted value ({ 7 and 15).
`
`As per claim 7, Van der Auwera discloses the encoder according to claim 1,
`
`wherein the circuitry determines, for intra prediction of the current block, the availability
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`of the at least one reference pixel among the plurality of reference pixels, based on
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`either a prediction modefor the current picture to which the at least one reference pixel
`
`belongs or a region in the current picture to which the at least one reference pixel
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`belongs ({ 7 and 15).
`
`Regarding claim 8, arguments analogous to those presented for claim 1 are
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`applicable for claim 8.
`
`Regarding claim 9, arguments analogous to those presentedfor claim 2 are
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`applicable for claim 9.
`
`Regarding claim 10, arguments analogous to those presented for claim 3 are
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`applicable for claim 10.
`
`Regarding claim 11, arguments analogous to those presented for claim 4 are
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`applicable for claim 11.
`
`Regarding claim 14, arguments analogous to those presented for claim 7 are
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`applicable for claim 14.
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`Regarding claim 15, arguments analogous to those presented for claim 1 are
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`applicable for claim 15.
`
`Regarding claim 16, arguments analogous to those presented for claim 1 are
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`applicable for claim 16.
`
`

`

`Application/Control Number: 16/564,680
`Art Unit: 2487
`
`Page 5
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`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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`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
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`the same under either status.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
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`obviousnessrejections set forth in this Office action:
`
`A patent for a claimed invention may not be obtained, notwithstanding that the claimed
`invention is not identically disclosed as set forth in section 102, 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.
`
`The factual inquiries for establishing a background for determining obviousness
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`under 35 U.S.C. 103 are summarized asfollows:
`
`1. Determining the scope and contents of the prior art.
`
`2. Ascertaining the differences between the prior art and the claims at issue.
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`3. Resolving the level of ordinary skill in the pertinent art.
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`4. Considering objective evidence presentin the application indicating
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`obviousness or nonobviousness.
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`Claim(s) 17 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable
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`over Zhao et al (US 2020/0007860, hereafter Zhao) in view of Jang et al (US
`
`2019/0174128, hereafter Jang).
`
`As per claim 17, Zhao discloses an encoder, comprising:
`
`

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`Application/Control Number: 16/564,680
`Art Unit: 2487
`
`Page 6
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`circuitry; and a memory connectedto the circuitry, wherein, in operation, the
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`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 disables a wide angle
`
`intra prediction based on availability of at least one reference pixel among the plurality
`
`of reference pixels ({ 105).
`
`However, Zhao does not explicitly teach wherein (i) when a width of the current
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`block is greater than a height of the current block, the at least one reference pixel is
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`located aboveright of the current block, and (ii) when the height of the current block is
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`greater than the width of the current block, the at least one reference pixel is located
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`bottom left of the current block.
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`In the same field of endeavor, Jang teaches wherein (i) when a width of the
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`current block is greater than a height of the current block, the at least one reference
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`pixel is located aboveright of the current block, and (ii) when the height of the current
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`block is greater than the width of the current block, the at least one reference pixel is
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`located bottom left of the current block ({ 281 - 286).
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`Therefore, it would have been obvious for one of ordinary skill in the art at the
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`time the invention waseffectively to modify the invention of Zhao in view of Jang. The
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`advantage is improving image compression.
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`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 7
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`Conclusion
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`Applicant's amendment necessitated the new ground(s) of rejection presented in
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`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
`
`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
`
`CFR 1.136(a).
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`A shortenedstatutory period for reply to this final action is set to expire THREE
`
`
`
`MONTHS from the mailing date of this action. In the eventafirst replyis filed within
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`TWO MONTHS ofthe mailing date ofthis final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortenedstatutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the date of this final action.
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`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-based collaboration tool. To schedule an
`
`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http:/Awww.uspto.gov/interviewpractice.
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`

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`Application/Control Number: 16/564,680
`Art Unit: 2487
`
`Page 8
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, David Czekaj can be reached on 571-272-7327. The fax phone number for
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`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
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`Status information for unpublished applications is available through Private PAIR only.
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`
`/CHIKAODILI E ANYIKIRE/
`Primary Examiner, Art Unit 2487
`
`