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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
`
`16/751,666
`
`01/24/2020
`
`Ryuichi KANOH
`
`2020-0083A
`
`3685
`
`Pp
`Lind&
`Wenderoth,
`Wenderoth, Lind & Ponack, L.L.P.
`1025 Connecticut Avenue, NW
`Suite 500
`Washington, DC 20036
`
`KWAN, MATTHEW K
`
`2482
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`09/14/2021
`
`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)
`
`

`

`
`
`are subjectto restriction and/or election requirement
`C] Claim(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:/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 20210907
`
`Office Action Summary
`
`Application No.
`16/751,666
`Examiner
`MATTHEW KWAN
`
`Applicant(s)
`KANOH etal.
`Art Unit
`2482
`
`AIA (FITF) Status
`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 13 April 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.
`
`Disposition of Claims*
`1-16 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) 1-9 and 12-16 is/are rejected.
`
`Claim(s) Mt11 is/are objectedto.
`
`) ) ) )
`
`

`

`Application/Control Number: 16/751,666
`Art Unit: 2482
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA or AIA Status
`
`1.
`
`The present application,filed on or after March 16, 2013, is being examined under the first
`
`inventorto file provisions of the AIA.
`
`Continued Examination Under 37 CFR 1.114
`
`2.
`
`A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR
`
`1.17(e), was filed in this application after final rejection. Since this applicationis eligible for continued
`
`examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the
`
`finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's
`
`submission filed on 4/13/21 has been entered.
`
`Specification
`
`1.
`
`The disclosure is objected to because of the following informalities: pgs. 81, 88,90 and 95
`
`discuss figs. 117-123, which are not shown in the current drawings. As best understood by the Examiner,
`
`the figures referenced should be figs. 25-31.
`
`Appropriate correction is required.
`
`Claim Rejections - 35 USC § 103
`
`1.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections
`
`set forth in this Office action:
`
`A patent fora claimed invention may not be obtained, notwithstanding that the claimed inventionis
`notidentically disclosed as set forth ins ection 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 ofthe claimed invention to a person having ordinaryskillin the art to which the
`claimed invention pertains. Pa tentability s hall not be negated by the mannerin which the invention
`was made.
`
`

`

`Application/Control Number: 16/751,666
`Art Unit: 2482
`
`Page 3
`
`2.
`
`The factual 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:
`
`1. Determining the scope and contents of the prior art.
`
`2. Ascertaining the differences between the prior art and the claims at issue.
`
`3. Resolving the level of ordinary skill in the pertinent art.
`
`4. Considering objective evidence present in the application indicating obviousness or
`
`nonobviousness.
`
`3.
`
`Claims 1-9 and 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over Shibahara et
`
`al. (U.S. 2012/0128065), hereinafter Shibahara in view of Chen et al. (Algorithm Description of Joint
`
`Exploration Test Model 5 (JEM 5)”, JVET-E1001-v2, January 2017), hereinafter Chen and further in view
`
`of Boon (U.S. 5,570,197). Chen was cited in the Applicant’s IDSdated 1/24/20.
`
`Regarding claims 1 and 16, Shibahara discloses an encoder which encodes a current block to be
`
`encoded in an image, the encoder comprising:
`
`circuitry ([0096], claim 23 andfig. 45); and
`
`memory ([0049]),
`
`wherein using the memory, the circuitry ([0050] and fig. 45):
`
`performs a primary transform ({0173] and fig. 3, #110) on the current block ([0154]) from
`
`residuals of the current block to primary coefficients ([0172] and fig. 12, #420):
`
`(i) when the secondary transform is not to be applied ([0020], fig. 3, claims 1 and 2), calculates
`
`quantized primary coefficients by performing a first quantization on the primary coefficients (fig. 3,
`
`#140,fig. 12, #420 and claim 1) using a quantization matrix, the quantization matrix including
`
`

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`Application/Control Number: 16/751,666
`Art Unit: 2482
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`Page 4
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`quantization steps by which the respective primary coefficients are divided, and(ii) when the secondary
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`transform is to be applied ([0020], fig. 3, claims 1 and 2), performs a secondary transform from the
`
`primary coefficients to secondary coefficients (fig. 3, #130, claim 1), and calculates quantized secondary
`
`coefficients by performing a second quantization on the secondary coefficients, the second quantization
`
`using a quantization step by which eachof the secondarycoefficients is divided ([0109], [0317] and fig.
`
`3); and
`
`generates an encoded bitstream by encoding the quantized primary coefficients and the
`
`quantized secondary coefficients (claim 1).
`
`Shibahara does not explicitly disclose determining whether a secondary transform is to be
`
`applied tothe current block and generating an encodedbitstream by encoding either the quantized
`
`primary coefficients or the quantized secondarycoefficients.
`
`However, Chen teaches determining whether a secondary transform is to be applied to the
`
`current block (Chen section p. 30, 2.4.3.1, second paragraph); and
`
`generating an encoded bitstream by encoding either the quantized primary coefficients or the
`
`quantized secondarycoefficients (Chen section p. 30, 2.4.3.1, second paragraph).
`
`It would have been obvious to one of ordinary skill in the art before the effectivefiling date of
`
`the claimed invention to modify Shibahara’s encoder with the missing limitations as taught by Chen to
`
`reduce complexity and lower processing cost asa result of not always applying the secondary transform
`
`(Chen p. 29, section 2.4.3,first paragraph).
`
`As shown above,all of the limitations are known, they can be applied to a known device such as
`
`a processor toyield a predictable result of improving coding efficiency as a result of reducing
`
`complexity.
`
`

`

`Application/Control Number: 16/751,666
`Art Unit: 2482
`
`Page5S
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`Shibahara does not explicitly disclose quantization step being common between the secondary
`
`coefficients.
`
`However, Boon teaches the quantization step being common between the secondary
`
`coefficients (Booncol. 3, lines 17-23).
`
`It would have been obvious to one of ordinaryskill in the art before the effectivefiling date of
`
`the claimed invention to modify the encoder taught by Shibahara in view of Chen with the missing
`
`limitations as taught by Boon to improving coding efficiency as a result of reducing steps in the coding
`
`process (Boon col. 2, lines 53-57).
`
`As shown above,all of the limitations are known, they can be applied to a known device such as
`
`a processor toyield a predictable result of improving coding efficiency as a result of reducing complexity
`
`in the coding process.
`
`Regarding claim 2, Shibahara in view of Chen and Boon teachesthe encoder according to claim
`
`wherein the first quantization is a weighted (Shibahara [0109]) quantization usingafirst
`
`quantization matrix (Shibahara [0113], and fig. 3, #142), and
`
`the second quantization is a weighted quantization using asecond quantization matrix different
`
`from the first quantization matrix (Shibahara [0114] andfig. 3, #141).
`
`Regarding claim 3, Shibahara in view of Chen and Boon teachesthe encoder according to claim
`
`wherein the circuitry writes the first quantization matrix and the second quantization matrix
`
`into the encodedbitstream (Shibahara [0117] andfig. 3, #160).
`
`

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`Application/Control Number: 16/751,666
`Art Unit: 2482
`
`Page 6
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`Regarding claim4, Shibahara in view of Chen and Boon teaches the encoder according to claim
`
`wherein the primary coefficients include one or morefirst primary coefficients and one or more
`
`second primary coefficients (Shibahara fig. 3, #140),
`
`the secondary transform is applied to the one or morefirst primary coefficients (Shibaharafig.
`
`3, #130) and is not applied to the one or more second primary coefficients (Chen p. 30, section 2.4.3.1,
`
`paragraph 2),
`
`the second quantization matrix has one or morefirst component values corresponding to the
`
`one or morefirst primary coefficients and one or more second component values corresponding to the
`
`one or more second primary coefficients (Shibahara [0023]),
`
`each of the one or more second componentvalues of the second quantization matrix matches a
`
`corresponding one of component valuesof the first quantization matrix (Shibahara [0109]), and
`
`when thecircuitry writesthe second quantization matrix, the circuitry writes, into the encoded
`
`bitstream, only the one or morefirst component values among the one or morefirst component values
`
`and the one or more second componentvalues (Shibahara [0021] and Chen 2.4.3 / 2.4.3.1).
`
`The same motivation for claim 1 applies to claim 4.
`
`Regarding claim5, Shibahara in view of Chen and Boon teachesthe encoder according to claim
`
`wherein in the secondary transform, a plurality of bases which has been determinedis
`
`selectively used (Shibahara [0021], [0192] andfig. 4),
`
`the encodedbitstream includes a plurality of second quantization matrices corresponding to the
`
`plurality of bases (Shibahara [0021], [0192] and fig. 4), and
`
`

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`Application/Control Number: 16/751,666
`Art Unit: 2482
`
`Page 7
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`in the second quantization, a second quantization matrix corresponding to a basis used for the
`
`second transform is selected from the plurality of second quantization matrices (Shibahara [0021],
`
`[0192] andfig. 4).
`
`Regarding claim 6, Shibahara in view of Chen and Boon teachesthe encoder according to claim
`
`wherein the first quantization matrix and the second quantization matrix are defined in advance
`
`in a standard (Shibahara [0229]).
`
`Regarding claim 7, Shibahara in view of Chen and Boon teachesthe encoder according to claim
`
`wherein the circuitry derives the second quantization matrix from the first quantization matrix
`
`(Shibahara [0031]).
`
`Regarding claim 8, Shibahara in view of Chen and Boon teachesthe encoder according to claim
`
`wherein the primary coefficients include one or morefirst primary coefficients and one or more
`
`second primary coefficients (Shibahara fig. 3, #140),
`
`the secondary transform is applied to the one or morefirst primary coefficients (Shibaharafig.
`
`3, #130) and is not applied to the one or more second primary coefficients (Chen p. 30, section 2.4.3.1,
`
`paragraph 2),
`
`the second quantization matrix has one or morefirst component values corresponding to the
`
`one or morefirst primary coefficients and one or more second component values corresponding to the
`
`one or more second primary coefficients (Shibahara [0023]),
`
`

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`Application/Control Number: 16/751,666
`Art Unit: 2482
`
`Page 8
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`each of the one or more second componentvalues of the second quantization matrix matches a
`
`corresponding one of componentvalues ofthe first quantization matrix (Shibahara [0109]), and
`
`when the circuitry derives the second quantization matrix, the circuitry derives the one or more
`
`first component values of the second quantization matrix from thefirst quantization matrix (Shibahara
`
`[0109] and [0113]).
`
`The same motivation for claim 1 applies to claim 8.
`
`Regarding claim9, Shibahara in view of Chen and Boon teachesthe encoder according to claim
`
`wherein the second quantization matrix is derived by applying the secondary transform to the
`
`first quantization matrix (Shibahara [0031]).
`
`Regarding claim 12, Shibahara in view of Chen and Boon teaches the encoder according toclaim
`
`wherein the first quantization is a weighted quantizationin which a quantization matrix is used
`
`(Shibahara [0109] and [0113]), and
`
`the second quantization is a non-weighted quantization (Shibahara [0020]) in which no
`
`quantization matrix is used (Shibahara [0020] and [0109)).
`
`Regarding claim 13, Shibahara in view of Chen and Boon teaches the encoder according toclaim
`
`wherein the first quantization is a weighted quantization using a first quantization matrix
`
`(Shibahara [0109]),
`
`

`

`Application/Control Number: 16/751,666
`Art Unit: 2482
`
`Page 9
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`in the secondary transform,(i) weighted primary coefficients are calculated by multiplying each
`
`of the primary coefficients by a corresponding componentvalue of a weighting matrix (Shibahara
`
`[0032]), and (ii) the weighted primary coefficients are transformed into secondarycoefficients
`
`(Shibahara [0018], [0030] and [0320)).
`
`Regarding claim 14, Shibahara in view of Chen and Boon teaches the encoder according toclaim
`
`wherein the circuitry derives the weighting matrix from the first quantization matrix (Shibahara
`
`Regarding claim 15, Shibahara in view of Chen and Boon teaches the encoder according toclaim
`
`13,
`
`[0032)).
`
`1,
`
`wherein the circuitry derives the common quantization step from a quantization parameter for
`
`the current block (Shibahara [0117] and [0109)).
`
`Allowable Subject Matter
`
`1.
`
`Claims 10 and 11 are objected to as being dependent upon a rejected base claim, but would be
`
`allowable if rewrittenin independentform including all of the limitations of the base claimand any
`
`intervening claims.
`
`Response to Arguments
`
`1.
`
`Applicant's arguments filed 4/13/21 on pgs. 8-9 of the Applicant’s Response in regard to the
`
`newly amended common quantization step limitation and Shibahara has been fully considered but are
`
`

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`Application/Control Number: 16/751,666
`Art Unit: 2482
`
`Page 10
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`moot because the arguments do not apply tothe current grounds of rejection being used in the current
`
`rejection,i.e. Shibahara in view of Chen and Boon.
`
`The Examiner believes that the common quantization step can be taught by Shibahara [0317]
`
`under the broadest reasonable interpretation of the term “quantization step”. Under the broadest
`
`reasonable interpretation of the current claim language “quantization step”, any step relatedin any way
`
`to quantizationis a “quantization step”. However, in an effort to advance prosecution, the Examiner has
`
`added Boonfor explicit disclosure of acommon quantization step for a group of coefficients. Therefore,
`
`the combination of Shibahara, Chen and Boon teaches the amendedlimitations of claims 1 and 16.
`
`The Examiner recommendsadding details regarding the specific quantization steps used or
`
`incorporating claims 10 or 11 objected to above to bring the application closer to allowance.
`
`2.
`
`Applicant's arguments filed 4/13/21 in regards to the previously presented portions of the
`
`claims have been fully considered but they are not persuasive.
`
`3.
`
`On pg. 9-10 of the Applicant’s Response, the Applicant argues that adding Boon does not
`
`disclose a secondary transform.
`
`The Examiner respectfully disagrees. In response to applicant's arguments against the
`
`references individually, one cannot show nonobviousness by attacking references individually where the
`
`rejections are based on combinations of references. See /n re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA
`
`1981); Inre Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Shibahara was already cited for
`
`a secondary transform and quantization step (fig. 3). Boon was only added to modify the quantization
`
`step to have a commonquantization step (Boon col. 3, lines 17-23). Therefore, the combination of
`
`Shibahara and Boon teaches the amended common quantization step limitation above.
`
`

`

`Application/Control Number: 16/751,666
`Art Unit: 2482
`
`Page 11
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`4.
`
`In response to applicant’s argument that there is no teaching, suggestion, or motivation to
`
`combine the references on p. 9 of the Applicant’s Response, the examiner recognizes that obviousness
`
`may be established by combining or modifying the teachingsof the prior art to produce the claimed
`
`invention where there is some teaching, suggestion, or motivation to do so found either in the
`
`references themselvesor in the knowledge generally available to one of ordinaryskill in the art. See /n
`
`re Fine, 837 F.2d 1071, 5 USPQ2d 1596(Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed.
`
`Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
`
`In this case,
`
`the motivation to combine is stated on pgs. 4-5 above. Further, each reference discusses video coding
`
`including a quantization step (Shibaharafig. 3, Chen Abstract, p. 29, section 2.4.3 first paragraph and
`
`Boon col. 3, lines 13-23).
`
`5.
`
`In response to applicant's argument that Shibahara and Boon are not combinable, the test for
`
`obviousness is not whether the features of a secondary reference may be bodily incorporated into the
`
`structure of the primary reference; noris it that the claimed invention must be expressly suggested in
`
`any one or all of the references. Rather, the test is what the combined teachingsof the references
`
`would have suggested to those of ordinaryskill in the art. See Inre Keller, 642 F.2d 413, 208 USPQ 871
`
`(CCPA 1981).
`
`Conclusion
`
`1.
`
`The prior art made of recordand notrelied upon is considered pertinent to applicant's
`
`disclosure. Chiang et al. (U.S. 2005/0180500) discloses dividing by acommon quantization step ([0047)).
`
`

`

`Application/Control Number: 16/751,666
`Art Unit: 2482
`
`Page 12
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`Anyinquiry concerning this communication or earlier communications from the examiner
`
`should be directed to MATTHEW KWAN whosetelephone number is (571)270-7073. The examiner can
`
`normally be reached on Monday-Friday 9am-Spm.
`
`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://www.uspto.gov/interviewpractice.
`
`If attempts to reachthe examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`Chris Kelley can be reached on (571)272-7331. The fax phone number for the organization wherethis
`
`application or proceedingis 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
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`through Private PAIR only. For more information about the PAIR system, see https://ppair-
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`9199 (IN USA OR CANADA)or 571-272-1000.
`
`/MATTHEW K KWAN/
`Primary Examiner, Art Unit 2482
`
`