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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
`
`17/743,348
`
`05/12/2022
`
`Chong Soon LIM
`
`735256.414C2
`
`6645
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`PEREZ FUENTES, LUIS M
`
`ART UNIT
`
`2481
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`04/19/2023
`
`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):
`USPTOeAction @ SeedIP.com
`
`pairlinkdktg @seedip.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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`(J) Claim(s)__ is/are allowed.
`Claim(s) 1-12 is/are rejected.
`Claim(s) 1-12 is/are objectedto.
`1) Claim(s
`are subject to 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:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
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`) ) ) )
`
`Application Papers
`10)C) The specification is objected to by the Examiner.
`11)M The drawing(s) filed on 05/12/2022 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)() 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.
`3.2.) 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)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 05/12/2022.
`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 20230413
`
`Application No.
`Applicant(s)
`17/743,348
`LIM etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`LUIS PEREZ-FUENTES
`2481
`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
`
`1) Responsive to communication(s) filed on 05/12/2022.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`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: 17/743,348
`Art Unit: 2481
`
`Page 2
`
`Detailed Office Action
`
`This communication is being filed in response to the submission having a mailing date of
`1.
`{05/12/2022} which a three (3) month Shortened Statutory Period for Response has beenset.
`
`Notice of Pre-AlA or AIA Status
`
`The present application, filed on or after March 16, 2013, is being examined underthe
`2.
`first inventorto file provisions of the AIA.
`
`Acknowledgements
`
`Upon new entry, claims (1 -12) appears pending for examination, of which (1, 5 and 9)
`3.
`are the three (3) parallel running independentclaims on record.
`
`Information Disclosure Statement
`
`The Information Disclosure Statement (IDS) that was/were submitted on date
`4.
`(05/12/2022) is/are in compliance with the provisions of 37 CFR 1.97, being approved and
`considered.
`
`Drawings
`
`The submitted Drawings on date {05/12/2022} has been accepted and considered
`5.
`under the 37 CFR 1.121 (d).
`
`Double Patenting
`
`The nonstatutory double patenting rejection is based on a judicially created doctrine
`6.
`groundedin public policy (a policy reflected in the statute) so as to prevent the unjustified or
`improper timewise extension ofthe “right to exclude” granted by a patent and to prevent
`possible harassment by multiple assignees. A nonstatutory obviousness-type double
`patenting rejection is appropriate where the conflicting claims are not identical, but at least
`one examined application claim is not patentably distinct from the reference claim(s) because
`the examined application claim is either anticipated by, or would have been obvious over, the
`reference claim(s). See, e.g. In re Berg, 140 F.3d 1428, 46 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, 686 F.2d 937, 214 USPQ 761 (CCPA
`1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418
`F.2d 528, 163 USPQ 644 (CCPA 1969).
`
`A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may
`6.1.
`be used to overcome an actual or provisional rejection based on a nonstatutory double
`patenting ground provided the conflicting application or patent either is shown to be commonly
`ownedwith this application, or claims an invention made as a result of activities undertaken
`within the scope of a joint research agreement. Effective January 1, 1994, a registered
`attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the
`assignee mustfully comply with 37 CFR 3.73(b).
`
`Individuals associated with the filing and prosecution of the instant patent application
`6.2.
`have a duty to disclose information within their knowledge as to other copending United
`States applications which are "material to patentability" of the application in question. See
`MPEP §2001.06(b) for more details.
`
`

`

`Application/Control Number: 17/743,348
`Art Unit: 2481
`
`Page 3
`
`Independent claims (1, 5, 9) of the instant Application 17/743,348 — are directed toa
`6.3.
`codec apparatus/methodology, that employsa particular partitioning (i.e. binary,
`ternary split) variations of the same technique, being rejected on the ground of
`nonstatutory obvious-type double patenting as being unpatentable over the analogous claims
`(1, 7, 13) of the parent patent Appl. 16/587,961; (now US 11,368, 703).
`
`6.4. Although the conflicting claims are not identical, they are not patentably distinct from
`each other, because the claims uses similar scope of the invention, and/or similar variations
`of the same claim language.
`
`
`
`(now US 11,368,703).
`Reference: 16/587,961;
`Instant application: 17/743,348
`Claim 1. A non-transitory computer readable
`Claim 1. A non-transitory computer
`readable meaium storing a bitstream, the|medium including instructions which, when
`bitstream including instructions and
`loaded to an image decoder, cause the image
`parameters which, when loaded to an
`decoder to perform a process including:
`image decoder, cause the image decoder|receiving and decoding an encodedbitstream
`to perform a process including: and
`to obtain quantized transform coefficients and a
`parsing an encodedbitstream to obtain a__|first parameter and a second parameter;
`first parameter and a second parameter;
`deriving a partition mode basedonthefirst and
`deriving a partition mode basedonthefirst|second parameters; inverse-quantizing the
`and second parameters; wherein,
`quantized transform coefficients to obtain
`responsive to the derived partition mode
`transform coefficients and inverse-transforming
`being a first partition mode, the process
`the transform coefficients to obtain residuals;
`includes executing the first partition mode|generating a prediction of a current block based
`including: splitting a block of a picture, ina|on a reference block in a decoded reference
`vertical direction or in a horizontal
`picture or based on an encodedreference block
`direction, into a plurality of first blocks, the|in a current picture; and adding the residuals
`plurality offirst blocks including a Nx2N
`and the predictions to reconstruct blocks;
`block sized N pixels by 2N pixels; splitting|wherein, responsive to the derived partition
`the Nx2N block, wherein a ternary split is|mode being a first partition mode, the process
`allowedto split the Nx2N blockin the
`includes executing the first partition mode
`vertical direction, which is a direction along|including: splitting a block of a picture, in a
`the 2N pixels, into a plurality of sub blocks|vertical direction or in a horizontal direction, into
`including at least one sub block sized N/4_|
`a plurality offirst blocks, the plurality offirst
`X 2N, while a binary split is not allowed to|blocks including a Nx2N block sized N pixels by
`split the Nx2N blockin the vertical
`QNpixels; splitting the Nx2N block, wherein a
`direction into two sub blocksthat are
`ternary split is allowed to split the Nx2N block in
`equally sized N/2 x 2N; and decoding the_|the vertical direction, which is a direction along
`plurality of sub blocks.
`the 2N pixels, into a plurality of sub blocks
`including at least one sub block sized N/4 x 2N,
`while the a binary split is not allowed to split the
`Nx2N block in the vertical direction into two sub
`blocks that are equally sized N/2 x 2N; and
`decoding the plurality of sub blocks.
`
`

`

`Application/Control Number: 17/743,348
`Art Unit: 2481
`
`Page 4
`
`Claim objection
`
`Independent claims (1, 5 and 9) and the associated dependencies are objectedto,
`7.
`becauseof the judicially created Double patent doctrine, as documented in section (6) above,
`but it may be considered for allowance if properly rewritten, and/or if a Terminal Disclaimer
`(TD) is timely filed, in compliance with 37 CFR 1.321(c) or 1.321(d).
`
`Prior Art Citations
`
`The following List of prior art, made of record and not relied upon, is/are considered
`8.
`pertinent to applicant's disclosure:
`
`8.1. Patent documentation
`
`Chien; etal.
`Chen;etal.
`Ko;et al.
`
`H04N19/139; HO4N19/136; HO4N19/176;
`H04N19/122; HO4N19/537; HO4N19/174;
`H04N19/159; HO4N19/132; HO4N19/70;
`
`US 9,883,203 B2
`US 9,654,776 B2
`US 11,140,384 B2
`US 11368703 B2
`HO4N19/157;HO4N19/44;HO4N19/1 76;HO4N19/1 19;HO4N19/159;HO4N19/70;HO4N 1 9/124;HO4
`N19/13Lim; Chong Soonetal.
`US 20210385441
`Ko;et al
`US 20170347128
`Panusopone;et al.
`US 20190222841
`Panusopone;et al.
`
`H04N19/159; HO4N19/70; HO4N19/1 76;
`H04N19/174; HO4N19/70; HO4N19/119;
`H04N19/119; HO4N19/70; HO4N19/96;
`
`8.1, Non-Patent documentation (NPL):
`
`_ Asymmetric coding unit in QTBT; Leannec; Oct-2016;
`_ Local-constrained quadtree plus binary tree block partition structure; Wang; 2016;
`_ Effective Quadtree Plus Binary Tree Block Partition Decision; Wang; et al; May-11-201 7;
`
`CONCLUSIONS
`
`Any inquiry concerning this communication or earlier communications from the examiner
`9.
`should be directed to LUIS PEREZ-FUENTES(luis.perez-fuentes@uspto.gov) whose
`telephone numberis (571) 270 -1168. The examiner can normally be reached on Monday-
`Friday 8am-5pm. If attempts to reach the examiner by telephone are unsuccesstul, the
`examiner's supervisor, WILLIAM VAUGHNcan be reached on (571) 272-3922. The fax phone
`numberfor the organization where this application or proceeding is assigned is (571) 272 -
`3922. 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
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`wouldlike assistance from a USPTO Customer Service Representative or accessto the
`automated system, please call (800) 786 -9199 (USA OR CANADA)or (571) 272 -1000.
`
`/LUIS PEREZ-FUENTES/
`Primary Examiner, Art Unit 2481.
`
`