`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/503,524
`
`10/18/2021
`
`Yusuke KATO
`
`2021-2106A
`
`2481
`
`CP.
`Lind&
`Wenderoth,
`Wenderoth, Lind & Ponack, L.L.P.
`1025 Connecticut Avenue, NW
`Suite 500
`Washington, DC 20036
`
`PHILIPPE, GIMS §
`
`2424
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`08/30/2023
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime 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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Cj} Claim(s)
`is/are allowed.
`Claim(s) 1-12 is/are rejected.
`S)
`) © Claim(s)___is/are objected to.
`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://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)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... Certified copies of the priority documents have been received.
`2.1) Certified copies of the priority documents have beenreceived 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)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20230824
`
`Application No.
`Applicant(s)
`17/503,524
`KATOetal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`GIMS § PHILIPPE
`2424
`Yes
`
`
`
`-- The MAILING DATEof this 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 18 October 2021.
`C) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
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`2a)() 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: 17/503,524
`Art Unit: 2424
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`Page 2
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`DETAILED ACTION
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`Thisis a first office action in response to application no. 17/503,524 filed on October 18, 2021 in which
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`claims 1-12 are presented for examination.
`
`Notice of Pre-AlA or AIA Status
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`1.
`
`The present application, filed on or after March 16, 2013, is being examined under the first
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`inventor to file provisions of the AIA.
`
`Claim Rejections - 35 USC § 102
`
`2.
`
`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-AlA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory
`
`basis (i.e., changing from AIA to pre-AlA) 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 the same
`
`under either status.
`
`3.
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`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 made in 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 patent or application, as
`the case may be, names another inventor and was effectively filed before the effective filing date of
`the claimed invention.
`
`4.
`
`Claims 1, 4-5, 7 and 10-11 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by
`
`Andersson etal. (US Patent no. 10,735,735).
`
`
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`Application/Control Number: 17/503,524
`Art Unit: 2424
`
`Page 3
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`Regarding claims 1 and 7, Andersson discloses an encoding method and encoder (See Andersson Fig. 1,
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`Abstract, col. 2, lines 45-46) comprising: circuitry (See Andersson Fig. 22, circuit 124, col. 31, lines 53-57);
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`and memory coupled to the circuitry (See Andersson col. 34, lines 10-13) , wherein in residual coding of
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`a current block, the circuitry, in operation , encodesa subblock flag by Context-based Adaptive Binary
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`Arithmetic Coding (CABAC) in both ofa first type of residual coding where an orthogonal transform is
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`performed and a second type of residual coding where the orthogonal transform is skipped (See
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`Andersson col. 6, lines 29-41, lines 55-67 and col. 7, lines 1-20) , the subblock flag indicating whether a
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`non- zero coefficient is included in a plurality of coefficients for a subblock within the current block (See
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`Andersson col. 6, lines 61-67, col. 7, lines 1-6), wherein a first syntax used for the first type of residual
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`codingis different from a second syntax used for the second type of residual coding (See Andersson col.
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`11, lines 30-42); and controls a number of CABAC processes, wherein the encoding of the subblock flag
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`is not counted as the number of CABAC processes (See Andersson col. 6, lines 55-67, col. 7, lines 1-6,
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`and col. 13, lines 52-59).
`
`As per claims 4-5 and 10-11, most of the limitations of these claims have been noted in the above
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`rejection of claims 1 and 7.
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`In addition, Andersson further discloses wherein when the subblockflag is
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`equal to zero, the circuitry assumesall the plurality of coefficients to be zero and does not encode the
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`plurality of coefficients, and wherein when the subblock flag is equal to one, the plurality of coefficients
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`include at least one non-zero coefficient and the circuitry encodes the plurality of coefficients by CABAC
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`(See Andersson col. 14, lines 14-29, col. 15, lines 8-39).
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`Claim Rejections - 35 USC § 103
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`5.
`
`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-AlA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory
`
`
`
`Application/Control Number: 17/503,524
`Art Unit: 2424
`
`Page 4
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`basis (i.e., changing from AIA to pre-AlA) 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.
`
`6.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections
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`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.
`
`7.
`
`Claims 2-3 and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Andersson etal.
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`(US Patent no. 10,735,735) in view of Bjorklund et al. (US Patent Application Publication no.
`
`2019/0124331).
`
`Regarding claims 2-3 and 8-9, most of the limitations of these claims of these claims have been notedin
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`the above rejection of claims 1 and 7.
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`It is noted that although Andersson discloses indicating a location of a first non-zero coefficient
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`in a scanning order within the current block (See Andersson col. 16, lines 64-67, col. 17, lines 1-16),it is
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`silent about wherein the encoding of the location parameter is not counted as the number of CABAC
`
`processes, and a threshold value of the number of CABAC processes is configured depending on the
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`location of the first non-zero coefficient, and a same limitation on the number of CABAC processesis
`
`used in bothofthe first type of residual coding and the second typeof residual coding.
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`However, Bjorklund teaches wherein the encoding of the location parameter is not counted as
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`the number of CABAC processes, and a threshold value of the number of CABAC processesis configured
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`depending on the location of the first non-zero coefficient, and a same limitation on the number of
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`
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`Application/Control Number: 17/503,524
`Art Unit: 2424
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`Page 5
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`CABACprocessesis used in both of the first type of residual coding and the second type of residual
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`coding (See Bjorklund [0019], [0080], [0142], [0202] [0219)).
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`Therefore,it is considered obvious that oneskilled in the art, before the effective filing date of
`
`the claimed invention, would recognize the advantage of modifying Andersson to incorporate
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`Bjorklund’s teachings wherein the encoding of the location parameter is not counted as the numberof
`
`CABACprocesses, and a threshold value of the number of CABACprocessesis configured depending on
`
`the location of the first non-zero coefficient, and a same limitation on the number of CABAC processesis
`
`used in bothofthe first type of residual coding and the second type of residual coding. The motivation
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`for performing such a modification in Andersson is to maintain the state information for subblocks
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`within the block during the encoding process.
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`8.
`
`Claims 6 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Andersson etal.
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`(US Patent no. 10,735,735) in view of Galpin et al. (US Patent Application Publication no.
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`2021/0392329).
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`As per claims 6 and 12, most of the limitations of these claims have been noted in the aboverejection of
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`claims 1 and 7.
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`It is noted that Andersson is silent about wherein the circuitry encodesthe plurality of
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`coefficients by CABAC and counts the encoding of the plurality of coefficients as the number of CABAC
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`processes.
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`However, Galpin et al. teaches wherein the circuitry encodes the plurality of coefficients by
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`CABAC and countsthe encoding of the plurality of coefficients as the number of CABAC processes (See
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`Galpin [0179]-[0182]).
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`
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`Application/Control Number: 17/503,524
`Art Unit: 2424
`
`Page 6
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`Therefore,it is considered obvious that one skilled in the art, before the effective filing date of
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`the claimed invention, would recognize the advantage of modifying Andersson’s encoding method to
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`incorporate Galpin’s teachings wherein the circuitry encodes the plurality of coefficients by CABAC and
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`counts the encoding of the plurality of coefficients as the number of CABAC processes. The motivation
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`for performing such a modification in Andersson is to independently determine the probability model
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`associated with the CABACprocess.
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`9.
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`The prior art made of record and not relied upon is considered pertinent to applicant's
`
`disclosure.
`
`Kim et al. (US Patent Application Publication no. 2021/0385456) teaches image processing apparatus
`
`and method.
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`Jun et al. (US Patent Application Publication no. 2020/0366900) teaches image encoding/decoding
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`method and device, and recording medium storing bitstream.
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`10.
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`Any inquiry concerning this communication or earlier communications from the examiner
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`should be directed to GIMS S PHILIPPE whose telephone number is (571)272-7336. The examiner can
`
`normally be reached Maxi Flex.
`
`Examiner interviewsare 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 reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`Jefferey F Harold can be reached on 571-272-7519. The fax phone number for the organization where
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`this application or proceedingis assigned is 571-273-8300.
`
`
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`Application/Control Number: 17/503,524
`Art Unit: 2424
`
`Page 7
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`
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`571-272-1000.
`
`/GIMS S PHILIPPE/
`Primary Examiner, Art Unit 2424
`
`