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 Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 102
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 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 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.
Claim(s) 1, 10-11, 21-8 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ye et al. US 2020/0404305
Ye discloses:
1. and under similar/complementary rationales 11, 25. An image decoding method, comprising: determining a syntax element of a current block (0105-0112 0166-72); performing inter prediction on the current block using the syntax element, wherein the syntax element of the current block is determined based on information of a plurality of reference blocks which are adjacent to the current block, the plurality of reference blocks comprise at least a first reference block, a second reference block and a third reference block, and the syntax element of the current block is determined using both a first syntax element of the first reference block and a second syntax element of the second reference block in a case that a third syntax element of the third reference block is unavailable (0105-0112 0166-72; Fig. 8).
In regard to claim 24-28, it is directed to a non-transitory computer-readable medium having stored therein a bitstream generated by acts. Significantly, the claimed non-transitory computer readable medium is NOT implementing any actual method; no instructions/steps are being executed. Instead, the claimed storage medium merely stores the data output from and/or generated by a series of acts. In other words, these claims are directed to a mere machine-readable medium storing data content (a bitstream generated by a method).
Applicant therefore seeks to patent the storage of a bitstream in the abstract. In other words, the claim seeks to patent the content of the information (bitstream comprising video information) and not the process itself. Moreover, this stored bitstream does not impose any definitive physical organization on the data as there is no functional relationship between the bitstream and the storage medium. In conclusion, the identified claim and any claims depending therefrom are directed to mere data content (bitstream generated by a series of acts) stored as a bitstream on a computer-readable storage medium. Under MPEP 2111.05(III), such claims are merely machine-readable media. Furthermore, the Examiner found and continues to find that there is no disclosed or claimed functional relationship between the stored data and medium. Instead, the medium is merely a support or carrier for the data being stored. Therefore, the data stored and the way such data is generated should not be given patentable weight. See MPEP 2111.05 applying In re Lowry, 32 F.3d 1579, 1583-84, 32 USPQ2d 1031, 1035 (Fed. Cir. 1994) and In re Ngai, 367 F.3d 1336, 70 USPQ2d 1862 (Fed. Cir. 2004). As such, this claim is subject to a prior art rejection based on any non-transitory computer readable medium known before the earliest effective filing date of the present application. Therefore, the claim is anticipated by
LG, which discloses
a non-transitory computer readable storage medium having stored therein a bitstream comprising video information generated by acts (0210)
10. and 22 and 27. The method of claim 7, wherein the plurality of reference blocks are determined to be at least three among a top left neighboring block, a top neighboring block, a top right neighboring block, a bottom left neighboring block, a bottom neighboring block, and a temporally corresponding block (0105-0112 0166-72; Fig. 8).
21. 23. And 28. The image decoding method of claim 1, wherein a value of the syntax element of the current block is determined using both a value of the first syntax element of the first reference block and a value of the second syntax element of the second reference block (0105-0112 0166-72; Fig. 8.
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 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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 8, 9, 18, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ye in view of KR 101561461 Kyung Hee university from IDS translation attached and further in view of KR20180059444 Lg electronics from IDS hereinafter LG2 translation in parent.
8. 18, The method of claim 1,
Ye does not explicitly disclose the following, however LG2 teaches wherein the syntax element of the current block includes information on an adaptive motion vector resolution of the current block. (0092).
Therefore, it would have been obvious to a person having ordinary skill before the effective filing date to modify the reference(s) as above in order to coding efficiency may be increased by adaptively adjusting a range or resolution of a motion vector (LG2 0092)
9. 19 and 26. The method of claim 1,
Ye does not explicitly disclose the following, however LG2 teaches wherein the syntax element of the current block includes an interpolation filter index used to determine an interpolation filter coefficient for the current block. (0086; 0092).
Therefore, it would have been obvious to a person having ordinary skill before the effective filing date to modify the reference(s) as above in order to coding efficiency may be increased by adaptively adjusting a range or resolution of a motion vector (LG2 0092)
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH W BECKER whose telephone number is (571)270-7301. The examiner can normally be reached on flexible usually 10-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph G Ustaris can be reached on 5712727383. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH W BECKER/ Examiner, Art Unit 2483