`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
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`16/909,356
`
`06/23/2020
`
`Masato OHKAWA
`
`2020-1865
`
`5020
`
`CP
`Lind&
`Wenderoth,
`Wenderoth, Lind & Ponack, L.L.P.
`1025 Connecticut Avenue, NW
`Suite 500
`Washington, DC 20036
`
`SUH,JOSEPH JINWOO
`
`2485
`
`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
`
`06/10/2022
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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)
`
`
`
`Office Action Summary
`
`Application No.
`16/909,356
`Examiner
`JOSEPH SUH
`
`Applicant(s)
`OHKAWAetal.
`Art Unit
`AIA (FITF) Status
`2485
`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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`
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`1) Responsive to communication(s) filed on 3/28/22.
`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.
`
`Disposition of Claims*
`1.and 4 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) 1and4 is/are rejected.
`(1 Claim(s)__is/are objectedto.
`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)
`
`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 20220413
`
`
`
`Application/Control Number: 16/909,356
`Art Unit: 2485
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`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,
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`is being examined under the
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`first inventor to file provisions of the AIA.
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`Claim Status
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`This Office Action respondsto reply filed on 3/28/22 regarding application 16/909356
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`that wasinitially filed on 6/23/20. Claims 1 and 4 are pending.
`
`Claim Rejections - 35 USC § 112
`
`The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
`
`(a) INGENERAL.—The specification shall contain a written description of the
`invention, and of the manner and process of making and usingit, in suchfull, clear, concise,
`and exact terms as to enable anyperson skilled in the art to whichit pertains, or with whichit
`is mostnearlyconnected, to make and use the same, and shall setforth the bestmode
`contemplated bythe inventor or jointinventor of carrying out the invention.
`
`The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
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`The specificationshall contain a written description of the invention, and of the
`manner and process of making and usingit,in such full, clear, concise, and exactterms as to
`enable anyperson skilled in the art to whichit pertains, or with whichit is mostnearly
`connected, to make and use the same, and shall setforth the best mode contemplated bythe
`inventor of carrying out his invention.
`
`Claims 1 and 4 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AlA),
`
`first paragraph, as failing to comply with the enablement requirement. The claim(s)
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`contains subject matter which was not described in the specification in such a way as to
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`enable one skilled in the art to which it pertains, or with which it is most nearly
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`
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`Application/Control Number: 16/909,356
`Art Unit: 2485
`
`Page 3
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`connected, to make and/or use the invention. The claims recite “the first transform basis
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`... being same as a predetermined transform basis’first, but then, later they recite “the
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`first transform basis ...being different from the predetermined transform basis.” As the
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`two exclusive limitations cannot be met at the same time, enablement requirementis
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`not satisfied. Note that using “the first transform basis used for the first transform on the
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`first residual signal’ and “the first transform basis used forthefirst transform on the
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`second residual signal’ does not makethefirst transform basis to be two different bases
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`because the same “first transform basis” is usedfor the first residual signal and the
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`secondresidual signal.
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`Claims 1 and 4 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AlA),
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`first paragraph, as failing to comply with the written description requirement. The
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`claim(s) contains subject matter which was not described in the specification in sucha
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`way as to reasonably convey to oneskilled in the relevant art that the inventor or a joint
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`inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time
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`the application wasfiled, had possession of the claimed invention. As described above,
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`the claims recite “the first transform basis ... being sameas a predetermined transform
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`basis”first, but then, later they recite “the first transform basis ...being different from the
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`predetermined transform basis” which is not supported by the specification.
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`Response to Arguments
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`Applicant's arguments, filed 3/28/22, have been considered but are moot because the
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`arguments do not apply to any of the references being usedin the current rejection.
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`
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`Application/Control Number: 16/909,356
`Art Unit: 2485
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`Page 4
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`Citation of Pertinent Prior Art
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`The prior art made of record and not relied upon is considered pertinent to applicant's
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`disclosure:
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`1.
`
`Rusanovskyyet al., US 2017/0332098 Ai, discloses loop sample processing
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`for high dynamic range and wide color gamut video coding.
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`2.
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`Sezer, US 2013/0243083 Ai, discloses low-complexity two-dimensional (2d)
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`separable transform design with transpose buffer management.
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`3.
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`Sole etal., US 2012/0134426 Ai, discloses method and apparatus for reusing
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`tree structures to encode and decode binary sets.
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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 §
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`706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR
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`1.136 (a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHSfrom the mailing date of this action.
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`In the event a first reply is filed within
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`TWO MONTHSof the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory 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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`
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`Application/Control Number: 16/909,356
`Art Unit: 2485
`
`Page 5
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to JOSEPH SUH whosetelephone numberis 571 -270-
`
`7484. The examiner can normally be reached on Monday - Thursday, 7:30 AM - 6:00
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`PM.
`
`Examiner interviews are available via telephone,
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`in-person, and video conferencing
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`using a USPTO supplied web-based collaboration tool. To schedule aninterview,
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`applicant is encouraged to use the USPTO Automated Interview Request(AIR) at
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`http:/Awww.uspto.gov/interviewpractice.
`
`lf attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, Jay Patel can be reached on 571-272-2988. The fax phone numberfor the
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`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 you
`
`have questions on access to 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 automated information system, call
`
`800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`/JOSEPH SUH/
`
`Primary Examiner, Art Unit 2485
`
`
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`Application/Control Number: 16/909,356
`Art Unit: 2485
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`Page 6
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