DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection on 11/19/2025. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's amendment submission filed on 10/22/2025 has been entered.
This Office Action is in response to the communication filed on 10/22/2025.
In the instant Amendment, claims 2-4, 6-8 have been cancelled.
Claims 1, 5 and 9 have been examined and are pending.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment/ Argument
Applicant's arguments with respect to independent claims 1, 5 and 9, filed on 10/22/2025, have been considered but are not persuasive. The reference Bross and Hannuksela disclose all the limitations as cited in independent claims 1, 5 and 9. See the following rejections.
Regarding claims 1, 5 and 9, Applicant argues that Bross and hannuksela do not disclose the limitation when a process of extracting a sub-bitstream is performed, the flags for each of the plurality of layers are set such that at least one flag among the flags takes a predetermined value as cited in amended claims 1, 5 and 9. However, Bross Page 87, Section 7.4.3.2 discloses in bitstream, vps_ouput_layers_mode equal to 2, i.e. mode index has a first value, specifies that layers that are output are the layers with vps_output_layer_flag[i] equal to 1. So at least one layer can be output layer in the mode and at least one flag among the flags vps_output_layer_flag[i] take a predetermine value which is 1 of 0, since the claims just cite the flag takes a predetermined value.
Hannuksela [0507]-[0508] discloses sub-bitstream extraction process wherein sub-bitstream containing layers included in an output layer set hence at least one layer of sub-bitstream is output layer. Hannuksela [0462] discloses OutputLayerFlag[i][j] for output layer set with index i and for layer j indicates whether the layer is an output layer. Hence, the sub-bitstream extraction process wherein sub-bitstream containing layers included in an output layer set and at least one flag among the flags takes a predetermine value to indicate the layer is output layer or not. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the method and system, as disclosed by Bross, and further incorporate having at least one layer of a sub-bitstream is the output layer, the sub-bitstream being generated by extracting a subset of layers from the plurality of layers, as taught by Hannuksela, for improvement of scalable and Multiview video coding (Hannuksela [0108]).
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 correction of the statutory basis (i.e., changing from AIA to pre-AIA ) 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.
The following is a quotation of 35 U.S.C. 103 which forms the basis for 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
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 pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 5 and 9 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Bross et al. (Versatile Video Coding (Draft 6)) hereinafter Bross, in view of Hannuksela (U.S. 2015/0103927).
Regarding claim 1, Bross discloses an encoder comprising:
memory; and circuitry coupled to the memory (Bross Page 84, Section 7.4.2.3, Page 90, last para.: encoder and memory) and configured to:
generate an encoded bitstream that includes a multi-layer structure and store, in the encoded bitstream, a syntax element with a mode index, wherein when the mode index has a first value, the syntax element includes flags for each of a plurality of layers, and the flags for each of the plurality of layers are set such that at least one flag among the flags takes a predetermined value (Bross Page 87, Section 7.4.3.2: in bitstream, vps_ouput_layers_mode equal to 2, i.e. mode index has a first value, specifies that layers that are output are the layers with vps_output_layer_flag[i] equal to 1. So at least one layer can be output layer and at least one flag among the flags vps_output_layer_flag[i] take a predetermine value which is 1 of 0).
Bross does not explicitly disclose when a process of extracting a sub-bitstream is performed, the flags for each of the plurality of layers are set such that at least one flag among the flags takes a predetermined value, the sub-bitstream being generated by extracting a subset of layers from the plurality of layers.
However, Hannuksela discloses when a process of extracting a sub-bitstream is performed, the flags for each of the plurality of layers are set such that at least one flag among the flags takes a predetermined value, the sub-bitstream being generated by extracting a subset of layers from the plurality of layers (Hannuksela [0462]: OutputLayerFlag[i][j] for output layer set with index i and for layer j indicates whether the layer is an output layer; [0507]-[0508]: sub-bitstream extraction process wherein sub-bitstream containing layers included in an output layer set, so at least one layer of sub-bitstream is output layer. Hence, at least one flag among the flags indicating output layer takes a predetermined value to indicate the layer is output layer or not).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the method and system, as disclosed by Bross, and further incorporate having when a process of extracting a sub-bitstream is performed, the flags for each of the plurality of layers are set such that at least one flag among the flags takes a predetermined value, as taught by Hannuksela, for improvement of scalable and Multiview video coding (Hannuksela [0108]).
Regarding claim 5, Bross discloses a decoder comprising:
memory; and circuitry coupled to the memory (Bross Page 90, last para.: decoder and memory) and configured to:
check a syntax element stored in an encoded bitstream that includes a multi-layer structure; when the syntax element is stored in the encoded bitstream with a mode index having a first value and the syntax element includes flag for each of a plurality of layers, decode the encoded bitstream in accordance with the flags, wherein the flags for each of the plurality of layers are set such that at least one flag among the flags takes a predetermined value (Bross Page 87, Section 7.4.3.2: in bitstream, vps_ouput_layers_mode equal to 2, i.e. mode index has a first value, specifies that layers that are output are the layers with vps_output_layer_flag[i] equal to 1. So at least one layer can be output layer and at least one flag among the flags vps_output_layer_flag[i] take a predetermine value which is 1 of 0).
Bross does not explicitly disclose when a process of extracting a sub-bitstream is performed, the flags for each of the plurality of layers are set such that at least one flag among the flags takes a predetermined value, the sub-bitstream being generated by extracting a subset of layers from the plurality of layers.
However, Hannuksela discloses when a process of extracting a sub-bitstream is performed, the flags for each of the plurality of layers are set such that at least one flag among the flags takes a predetermined value, the sub-bitstream being generated by extracting a subset of layers from the plurality of layers (Hannuksela [0462]: OutputLayerFlag[i][j] for output layer set with index i and for layer j indicates whether the layer is an output layer; [0507]-[0508]: sub-bitstream extraction process wherein sub-bitstream containing layers included in an output layer set, so at least one layer of sub-bitstream is output layer. Hence, at least one flag among the flags indicating output layer takes a predetermined value to indicate the layer is output layer or not).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the method and system, as disclosed by Bross, and further incorporate having when a process of extracting a sub-bitstream is performed, the flags for each of the plurality of layers are set such that at least one flag among the flags takes a predetermined value, the sub-bitstream being generated by extracting a subset of layers from the plurality of layers, as taught by Hannuksela, for improvement of scalable and Multiview video coding (Hannuksela [0108]). [0010]).
Regarding claim 9, Bross discloses a non-transitory computer readable medium storing an encoded bitstream including a multi-layer structure (Bross Page 84, Section 7.4.2.3, Page 90, last para.: encoder and memory), wherein
the encoded bitstream stores a syntax with a mode index having a first value, the syntax element including flags for each of a plurality of layers, and the flags for each of the plurality of layers are set such that at least one flag among the flags takes a predetermined value (Bross Page 87, Section 7.4.3.2: in bitstream, vps_ouput_layers_mode equal to 2, i.e. mode index has a first value, specifies that layers that are output are the layers with vps_output_layer_flag[i] equal to 1. So at least one layer can be output layer and at least one flag among the flags vps_output_layer_flag[i] take a predetermine value which is 1 of 0).
Bross does not explicitly disclose when a process of extracting a sub-bitstream is performed, the flags for each of the plurality of layers are set such that at least one flag among the flags takes a predetermined value, the sub-bitstream being generated by extracting a subset of layers from the plurality of layers.
However, Hannuksela discloses when a process of extracting a sub-bitstream is performed, the flags for each of the plurality of layers are set such that at least one flag among the flags takes a predetermined value, the sub-bitstream being generated by extracting a subset of layers from the plurality of layers (Hannuksela [0462]: OutputLayerFlag[i][j] for output layer set with index i and for layer j indicates whether the layer is an output layer; [0507]-[0508]: sub-bitstream extraction process wherein sub-bitstream containing layers included in an output layer set, so at least one layer of sub-bitstream is output layer. Hence, at least one flag among the flags indicating output layer takes a predetermined value to indicate the layer is output layer or not).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the method and system, as disclosed by Bross, and further incorporate having when a process of extracting a sub-bitstream is performed, the flags for each of the plurality of layers are set such that at least one flag among the flags takes a predetermined value, the sub-bitstream being generated by extracting a subset of layers from the plurality of layers, as taught by Hannuksela, for improvement of scalable and Multiview video coding (Hannuksela [0108]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHLEEN V NGUYEN whose telephone number is (571)270-0626. The examiner can normally be reached on M-F 9:00am-6:00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jamie Atala can be reached on 571-272-7384. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATHLEEN V NGUYEN/Primary Examiner, Art Unit 2486