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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/535,873
`
`11/26/2021
`
`Virginie DRUGEON
`
`2021-2415A
`
`1092
`
`Ce
`Lind&
`Wenderoth,
`Wenderoth, Lind & Ponack, L.L.P.
`1025 Connecticut Avenue, NW
`Suite 500
`Washington, DC 20036
`
`KALAPODAS, DRAMOS
`
`ART UNIT
`2487
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`01/11/2024
`
`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)
`
`

`

`Application No.
`Applicant(s)
`17/535,873
`DRUGEON etal.
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`DRAMOS KALAPODAS
`2487
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof 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 11/08/2023.
`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) 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)(2) 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*
`1-2,4-6 and 8-9 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`CL] Claim(s)__is/are allowed.
`Claim(s) 1-2,4-6 and 8-9 is/are rejected.
`(] 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) The drawing(s) filed on 11/26/2021 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)£) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)Q) All
`1.1) Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No. |
`3.2.) 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)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20240107
`
`

`

`Application/Control Number: 17/535,873
`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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`1.
`
`The present application, filed on or after March 16, 2013, is being examined
`
`underthe first inventor to file provisions of the AIA.
`
`Claim Status
`
`2.
`
`Claims 1-2, 4-6 and 8-9 are currently pending
`
`Claims 3 and 7 are cancelled
`
`Claim dependency has been modified to recite; Claim 4 depending from 1, and
`
`Claim 8 from Claim 5
`
`Responseto Arguments
`
`3.
`
`Applicant’s arguments with respect to the rejection(s) of claims 1-2, 4-6 and 8-9,
`
`have beenfully considered but are found unpersuasive.
`
`The arguments are directed to the amended claim matter which is accordingly
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`mapped on the same basis set at the rejection on merit.
`
`Applicant's representative is encouraged to contact the Examiner with matter
`
`deemedto advancethe prosecution.
`
`Claim Rejections - 35 USC § 103
`
`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-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
`
`the same under either status.
`
`

`

`Application/Control Number: 17/535,873
`Art Unit: 2487
`
`Page 3
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`The following is a quotation of 35 U.S.C. 103 which forms the basisfor all
`
`obviousness rejections 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 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 asfollows:
`
`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 pertinentart.
`
`4. Considering objective evidence presentin the application indicating obviousness or
`nonobviousness.
`
`This application does not currently name joint inventors.
`
`4.
`
`Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over “High
`
`Efficiency Video Coding”; © ISO/IEC 23008-2:2013(E) (hereinafter ISO23008-2), and
`
`ITU-T H.265 “High Efficiency Video Coding”, Series H: Audiovisual and
`
`Multimedia Systems,(04/2015) (hereinafter H.265) in view of Lihua Zhu etal.,
`
`(hereinafter Zhu) (US 2010/0091837).
`
`Re Claim 1. (Currently Amended) IS023008-2 discloses, an encoder (encoder
`
`note for buffering period, Note 4, Sec. D.3.2) comprising:
`
`memory (Digital storage medium Sec.0.3, 0.4, 0.6, 7.4.2.1); and
`
`

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`Application/Control Number: 17/535,873
`Art Unit: 2487
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`Page 4
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`circuitry coupled to the memory (processor connected to memory Sec.0.3,
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`e.g., storage buffers, Sec.7.4.3.1) and configured to:
`
`store a total number of temporal sub-layers in a bitstream into a buffering period
`
`supplemental enhancementinformation (SEI) message(storing thetotali.e.,
`
`maximum number of sub_layers in the bitstream into the buffering period of the
`
`SEI message as codedat Sec.D.2.1 and cited below
`
`
`sel_payload( payloadType. payioadSize } {
`if{ nal_unit_twpe == PREFIXSEiNUT)
`ift pavloadType == 6)
`bufferingperiod( payloadSizc 5
`else ipayloadType == 1)
`
`, and having the buffering period
`
`payload being defined at buffering_period(payloadSize) at the code in Sec.D.2.2
`
`or D.3.23
`
`bufferingperiod( payloadSize ) ¢
`
`bpseyparameter_set_id
`
`trapcpbparamspresentflag
`iff trapcpbparamspresentflag } {
`
`epb_delay_offset
`
`dpbdelayoffset
`
`3 _by signaling an index within the
`
`sei_payload(payloadType, payloadSize) in the SEI message syntax per code
`
`Table Sec.D.2.1 for temporal sublayers,i.e.,
`
`temporal_sub_layer_zero_index)payloadSize), Sec.D.2-D.2.1 Pag.224), and
`
`encodethe total numberof the temporal sub-layers (encoding at encoding
`
`engine in Sec.9.3.5.1-9.3.5.2 Fig.9-11 the maximum numberof temporal
`
`sub_layers at Sec.7.4.3.1 signaled at video parameterset (VPS) level specified by
`
`vps_max_sub_layers_minus1 plus 1 of at sequence parameterset (SPS)level by
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`

`

`Application/Control Number: 17/535,873
`Art Unit: 2487
`
`Page 5
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`specified by sps_max_sub_layers_minus7 plus 1 at Sec.7.4.3.2, in conformance
`
`with the bitstream for buffering period SEI messagesat Note 1, Sec.C.4).
`
`In an analogous art, H.265 teaches aboutstoring and coding a total numberof
`
`temporal sub-layers as claimed to,
`
`store a total number of temporal sub-layers in a bitstream (number of temporal
`
`sub-layers defined by the syntax sps_max_sub_layers_minus1 plus 1,
`
`Sec.F.7.4.3.2.1. and the total number as sub_layers_vps_max-minus1[i] plus 1,
`
`Sec. F.7.4.3.1.1, F.7.4.3.2.1) into either a picture timing supplemental enhancement
`
`information (SEI) message (in the SEI message Sec.C.1, Sec.7.4.3.4 using a
`
`temporal sub-layer index SEI message at Note 1, Sec.7.4.7.1) or
`
`a buffering period SEI message (or in the buffering period SEI message
`
`Sec.C.1 at point 4. and 6.), and
`
`A supplementary search directs to the art to Zhou, teaching the claimed
`
`limitations as,
`
`memory; and
`
`circuitry coupled to the memory and configured to:
`
`store a total number of temporal sub-layers in a bitstream into either a picture
`
`timing supplemental enhancementinformation (SEI) message or
`
`a buffering period SEI message, and
`
`encodethe total number of the temporal sub-layers (a memory and the encoder
`
`processingunit ...... have a buffering_period(payloadSize) signaled with a SPS
`
`seq_parameter_set_id at Table 5 and the number of temporal layers in bitstream,
`
`Par.[0028] Tab.3-6, buffering period SEI at Par.[0007, 0010, 0015, 0018, 0021, 0026]
`
`Table 2, Fig.5 Fig.2).
`
`The ordinary skilled in the art would haveidentified the subject matter in ISO23008-2
`
`disclosing specific syntax designed to increase the compression rate and the image quality
`
`(Sec.0.7) and seek the incentive to detail media signaled syntax by referencing to specific
`
`

`

`Application/Control Number: 17/535,873
`Art Unit: 2487
`
`Page 6
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`known standards, as the H.265 for digital coding, storage and distribution of moving pictures
`
`(Sec.0.3) and to further reference other relevant analogous art defining the spatial and
`
`temporal changes related to the HRD parameters use din scalable video coding defined in the
`
`art to Zhou, (Abstract) hence deeming such combination predictable.
`
`Re Claim 2. (Currently Amended) IS023008-2, H.265 and Zhou disclose, the
`
`encoderaccording to claim 1, wherein for each of the temporal sub-layers, the circuitry
`
`stores a total number of schedules into-e#therthe-picturetimingSE}message-orthe
`
`buffering period SEI message, and encodesthe total numberof the schedules, the
`
`schedules corresponding to the temporal sub-layer in the bitstream.
`
`3. (Cancelled)
`
`Re Claim 4. (Currently Amended) IS023008-2, H.265 and Zhou disclose, the
`encoder according to claim 1,¢fake-3,
`
`1S023008-2 teaches, wherein the total numberof the temporal sub-layers which
`
`is encoded into the buffering period SEI message is equal to a total numberof the
`
`temporal sub-layers which is encoded into a sequence parameter set (one of ordinary
`
`skill would have found obvious to consider that the total number of the temporal
`
`sub-layers which is encodedinto the buffering period SEI message,is the same
`
`with the temporal sub-layers in the signaled SPS syntax, per
`
`sps_max_dec_pic_buffering_minus1 [HighestTid] + 1, as derived from SPS,is
`
`defined at Sec.C.5.1, C.5.2, or in a SPS determining the total number represented
`
`by the maximum number of temporal sub-layers presentin a bitstream,
`
`sps_max_sub_layers_minus? +1, Sec.7.4.3.2 and storing the RBSP containing
`
`the picture timing SEI message, Sec. D.3.3).
`
`Zhou teachesthis limitation at (Table 2, Par.[0015))..
`
`

`

`Application/Control Number: 17/535,873
`Art Unit: 2487
`
`Page 7
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`Re Claim 5. (Currently Amended) This claim represents the decoderside of the
`
`coding apparatus, where ISO23008-2 discloses the “encoding engine is essentially
`
`symmetric with the decoding engine’, according to claim 1, henceit is rejected on the
`
`same evidentiary probe mapped mutatis mutandis.
`
`Re Claim 6. (Currently Amended) This claim represents the decoderside of the
`
`coding apparatus, where ISO23008-2 discloses the “encoding engine is essentially
`
`symmetric with the decoding engine”, according to claim 2, henceit is rejected on the
`
`same evidentiary probe mapped mutatis mutandis.
`
`7. (Cancelled)
`
`Re Claim 8. (Currently Amended) This claim represents the decoderside of the
`
`coding apparatus, where ISO23008-2 discloses the “encoding engine is essentially
`
`symmetric with the decoding engine”, according to claim 4, henceit is rejected on the
`
`same evidentiary probe mapped mutatis mutandis.
`
`Re Claim 9. (Currently Amended) This claim represents the non-transitory
`
`computer readable medium storing a bitstream, storing data for encoding according to
`
`the encoder claim 1 and decoding according to the decoder claim 6, henceit is rejected
`
`on the same evidentiary probe mapped mutatis mutandis.
`
`Conclusion
`
`5.
`
`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
`
`policy as set forth in 37 CFR 1.136(a).
`
`A shortened statutory period for reply to this final action is set to expire THREE
`
`
`
`MONTHS from the mailing date of this action. In the eventafirst reply is filed within
`
`

`

`Application/Control Number: 17/535,873
`Art Unit: 2487
`
`Page 8
`
`TWO MONTHS ofthe mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTHshortenedstatutory period, then the
`
`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
`
`the advisory action.
`
`In no event, however,will the statutory period for reply expire later
`
`than SIX MONTHS from the mailing date of this final action.
`
`Anyinquiry concerning this communication or earlier communications from the
`
`examiner should be directed to DRAMOS KALAPODASwhosetelephone numberis (571)272-
`
`4622. The examiner can normally be reached on Monday-Friday 8am-5pm.
`
`Examiner interviews are available via telephone, in-person, and video
`
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`
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`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, David Czekaj can be reached on 571-272-7327. The fax phone numberfor
`
`the organization wherethis application or proceeding is assigned is 571-273-8300.
`
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`Application/Control Number: 17/535,873
`Art Unit: 2487
`
`Page 9
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`
`DRAMOS . KALAPODAS
`Primary Examiner
`Art Unit 2487
`
`/DRAMOS KALAPODAS/
`
`