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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
`
`16/902,559
`
`06/16/2020
`
`Virginie DRUGEON
`
`2020-1751A
`
`1089
`
`Lind& i
`Wenderoth,
`Wenderoth, Lind & Ponack, L.L.P.
`1025 Connecticut Avenue, NW
`Suite 500
`Washington, DC 20036
`
`KIM,HEE-YONG
`
`2482
`
`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`12/08/2020
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`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`eoa@ wenderoth.com
`kmiller@wenderoth.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-12 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`CC) Claim(s)
`is/are allowed.
`Claim(s) 1-12 is/are rejected.
`S)
`) O Claim(s)___is/are objected to.
`C) 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)) 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)0) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)X None ofthe:
`b)L) Some**
`a)L) All
`1... 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 received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 6/16/2020.
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
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`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20201203
`
`Application No.
`Applicant(s)
`16/902,559
`DRUGEON etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`HEE-YONG KIM
`2482
`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
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`1) Responsive to communication(s) filed on 6/16/2020.
`LC} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
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`2a)(J This action is FINAL. 2b))This action is non-final.
`3) 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\(Z 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: 16/902,559
`Art Unit: 2482
`
`DETAILED ACTION
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`Page 2
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`Notice of Pre-AlA or AIA Status
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`1.
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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.
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`Claim Rejections - 35 USC § 112
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`2.
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`Claims 5 and 10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA),
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`second paragraph, as being indefinite for failing to particularly point out and distinctly
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`claim the subject matter which the inventor or a joint inventor (or for applications subject
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`to pre-AlA 35 U.S.C. 112, the applicant), regards as the invention.
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`3.
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`Regarding claims 5 and 10, they recite “whether a position of the one-
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`dimensional array is at an integer position or at a non-integer position”. However, a
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`position of the one-dimensional array is ambiguous. For example, it can be a horizontal
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`position or a vertical position of beginning of array or a position of a reference sample
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`included in the one-dimensional array and et cetera.
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`Claim Rejections - 35 USC § 102
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`4.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
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`form the basis for the rejections under this section madein this Office action:
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`A person shall be entitled to a patent unless —
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`(a)(1) the claimed invention was patented, described in a printed publication, or in public use,
`on sale or otherwiseavailable to the public before the effectivefiling date of the claimed
`invention.
`
`(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.
`
`

`

`Application/Control Number: 16/902,559
`Art Unit: 2482
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`Page 3
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`5.
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`Claims 1-4, 6-9 and 11-12 are rejected under 35 U.S.C. 102(a)(1) as being
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`anticipated by Min et al. (WO 2011/021839), hereafter referenced as Min.
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`Regarding claim 1, Min discloses An encoder which encodesa video,
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`comprising: circuitry; and memory, wherein using the memory,the circuitry:
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`derives a one-dimensional array (Fig.19 shows an upper line and a left line of reference
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`samples together as one dimensionalline) of a plurality of reference samples for intra
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`prediction;
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`performs smoothing on the one-dimensionalarray of the plurality of reference samples
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`which has been derived; and generates a prediction image using the plurality of
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`reference samples(Filter Neighboring Pixels of Current Coding Unit to be Encoded so
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`as to Generate Filtered Neighboring Pixels 1910, Fig.21),
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`in deriving the one-dimensional array, the circuitry projects a value of at least one
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`decodedpixel located on a first line onto a second line perpendicularto the first line, to
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`derive at least one of the plurality of reference samples Fig.19 showsa leftline (vertical
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`pixels) of reference samples projected to a horizontalline (upper line)), and the
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`smoothing is performed on the at least one decodedpixel projected onto the second
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`line (Original one dimensional pixel line is smoothlyfiltered by 3 tapfilter, Fig.20).
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`Regarding claim 2, Min discloses everything claimed as applied above (see
`
`claim 1). Min further discloses wherein the circuitry performs the smoothing (Filtering
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`Neighboring Pixles 1910, Fig.21) immediately before calculating a prediction signal
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`based on the plurality of reference samples (Perform Intra Prediction using Selected
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`Reference Pixels 1930, Fig.21).
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`

`

`Application/Control Number: 16/902,559
`Art Unit: 2482
`
`Page 4
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`Regarding claim 3, Min discloses everything claimed as applied above (see
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`claim 1). Min further discloses wherein the smoothing is performed by applying a one-
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`dimensional spatial smoothing filter (3 tap filter, Fig.20) to the one-dimensional array of
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`the plurality of reference samples.
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`Regarding claim 4, Min discloses everything claimed as applied above (see
`
`claim 3). Min further discloses wherein the one-dimensional spatial smoothing filter is
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`applied at a boundary of the one-dimensional array of the plurality of reference samples,
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`by extending the one-dimensional array using a value of at least one reference sample
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`located at the boundary among the plurality of reference samples (Fig.19 and Fig.20).
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`Regarding claim 6, it is a decoder corresponding to the encoder claim 1. Min
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`also discloses the decoder (Fig.22) doing same things as encoder does.
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`Regarding claim 7, Min discloses everything claimed as applied above (see
`
`claim 6). Min further discloses wherein the circuitry performs the smoothing (Filtering
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`Neighboring Pixles 2010, Fig.22) immediately before calculating a prediction signal
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`based on the plurality of reference samples (Perform Intra Prediction using Selected
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`Reference Pixels 2040, Fig.22).
`
`Regarding claim 8, Min discloses everything claimed as applied above (see
`
`claim 6). Min further discloses wherein the smoothing is performed by applying a one-
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`dimensional spatial smoothing filter (3 tap filter, Fig.20) to the one-dimensional array of
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`the plurality of reference samples.
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`Regarding claim 9, Min discloses everything claimed as applied above (see
`
`claim 6). Min further discloses wherein the one-dimensional spatial smoothing filter is
`
`applied at a boundary of the one-dimensional array of the plurality of reference samples,
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`

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`Application/Control Number: 16/902,559
`Art Unit: 2482
`
`Page 5
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`by extending the one-dimensional array using a value of at least one reference sample
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`located at the boundary among the plurality of reference samples (Fig.19 and Fig.20).
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`Regarding claim 11, it is a method claim corresponding to the apparatus claim 1.
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`Therefore, it is rejected for the same reasons as claim 1.
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`Regarding claim 12, it is a method claim corresponding to the apparatus claim 6.
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`Therefore, it is rejected for the same reasons asclaim 6.
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`Double Patenting
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`6.
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`The nonstatutory double patenting rejection is based on a judicially created
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`doctrine groundedin public policy (a policy reflected in the statute) so as to prevent the
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`unjustified or improper timewise extension of the “right to exclude” granted by a patent
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`and to prevent possible harassment by multiple assignees. A nonstatutory double
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`patenting rejection is appropriate where the conflicting claims are not identical, but at
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`least one examined application claim is not patentably distinct from the reference
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`claim(s) because the examined application claim is either anticipated by, or would have
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`been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46
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`USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed.
`
`Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum,
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`686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619
`
`(CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
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`A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d)
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`may be used to overcome an actual or provisional rejection based on nonstatutory
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`double patenting provided the reference application or patent either is shown to be
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`

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`Application/Control Number: 16/902,559
`Art Unit: 2482
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`Page 6
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`commonly owned with the examined application, or claims an invention made as a
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`result of activities undertaken within the scope of a joint research agreement. See
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`MPEP § 717.02 for applications subject to examination under the first inventor to file
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`provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146etseq.for
`
`applications not subject to examination under the first inventor to file provisions of the
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`AlA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
`
`The USPTOInternet website contains terminal disclaimer forms which may be
`
`used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application
`
`in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26,
`
`PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may
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`befilled out completely online using web-screens. An eTerminal Disclaimer that meets
`
`all requirements is auto-processed and approved immediately upon submission. For
`
`more information about eTerminal Disclaimers, refer to
`
`www.uspto.gov/patents/process/file/efs/guidance/eT D-info-l.jsp.
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`7.
`
`Claim 1 is provisionally rejected on the ground of nonstatutory double patenting
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`as being unpatentable over claim 4 of copending Application No. 16/222,104 (reference
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`application). Although the claims at issue are not identical, they are not patentably
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`distinct from each other because claim 4 of copending Application No. 16/222,104 has
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`all the features of claim 1.
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`This is a provisional nonstatutory double patenting rejection because the
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`patentably indistinct claims have not in fact been patented.
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`

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`Application/Control Number: 16/902,559
`Art Unit: 2482
`
`Page 7
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`Conclusion
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`8.
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`The prior art made of record and notrelied upon is considered pertinent to
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`applicant's disclosure. Deng et al. (US 2019/0,132,605)) discloses Method and System
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`of Motion Estimation with Neighbor Block Pattern for Video Coding.
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`9.
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`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to HEE-YONG KIM whose telephone number is (571)270-
`
`3669. The examiner can normally be reached on Mon-Th 8am-5pm.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, Christopher Kelley can be reached on 571-272-7331. The fax phone
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`number for the organization where this application or proceeding is assigned is 571-
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`270-4669.
`
`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.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on accessto the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197(toll-free). If you would like assistance from a
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`USPTO Customer Service Representative or access to the automatedinformation
`
`system, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/HEE-YONG KIM/
`Primary Examiner, Art Unit 2482
`
`