DETAILED ACTION
This Office Action is in response to the RCE and amendment dated April 6, 2026. Claims 1-6, 12-16, and 20-28 are pending and are examined.
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
The amendments made to original claims 1, 5-6, 12-13, 15-16, 20, 22-23, 25-26, and 28 have been fully considered.
In light of these amendments, the previous claim objection to claim 23 is withdrawn.
The previous rejection under 35 U.S.C. 112(a) and (b) is also withdrawn.
The previous rejection under 35 U.S.C. 101 is withdrawn.
Response to Argument
Applicant's arguments and amendments received April 6, 2026 have been fully considered.
With regard to 35 U.S.C. § 102, Applicant argues that the cited prior art fails to disclose one of the horizontal partitioning mode and the vertical partitioning mode is selected for the current block according to a ratio between a horizontal size of the current block and a vertical size of the current block in a case that the bitstream does not comprise the indicator indicating the direction of the partitioning for the current block. This language corresponds to the newly amended language of claims 1, 12, 20, 23, and 26.
Applicant also argues that the cited prior art fails to disclose the first comparison is a comparison between a horizontal size of the current block and a maximum transform block horizontal size, the second comparison is a comparison is a comparison between a vertical size of the current block and a maximum transform block vertical size. This language corresponds to the newly amended language of claims 5, 15, 22, 25, and 28.
Applicant also argues that the cited prior art fails to disclose the first direction is one of a horizontal direction and a vertical direction, and the second direction is the other of the horizontal direction and the vertical direction. This language corresponds to the newly amended language of claims 6 and 16.
As such, these have been considered but they are directed to newly amended language, which is addressed below. See the rejection below for how the prior art of record in view of a newly added reference reads on the newly amended language as well as the examiner's interpretation of the cited art in view of the presented claim set.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 12, 20, and 26 (and those dependent therefrom) are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1, 12, 20, and 26 recite “one of the horizontal partitioning mode and the vertical partitioning mode is selected for the current block according to a ratio between a horizontal size of the current block and a vertical size of the current block in a case that the bitstream does not comprise the indicator indicating the direction of the partitioning for the current block”. However, Applicant’s specification does not describe choosing a direction of partitioning – horizontal or vertical based on this type of information. Rather, the portions of the specification describing an analysis of the ratio between the width and height of the current block relate to 1) determining a number of subblocks resulting from division (see ¶¶784-789, 796-797 of Applicant’s published specification) or 2) the availability of the use of ISP on a block in general (see ¶¶830, 833, 835-836, 862 of Applicant’s published specification). These are different parameters than the determination of the direction of partitioning.
Examiner also notes that the dependent claims recite the determination of direction based on a comparison of the current block’s height and width with maximum transform block height and width. Applicant has provided no description in the specification where direction is determined from both a comparison of the block’s width/height ratio AND its width and height in comparison to maximum transform block width and height.
For the purposes of this Action, and in light of the specification, “one of the horizontal partitioning mode and the vertical partitioning mode is selected for the current block according to a ratio between a horizontal size of the current block and a vertical size of the current block in a case that the bitstream does not comprise the indicator indicating the direction of the partitioning for the current block” is presumed to indicate that the use of ISP partitioning in general and/or the number of ISP partitions for a current block may be based on a ratio between horizontal size of the current block and vertical size of the current block.
In addition, claims 5, 15, 22, 25, and 28 recite “the maximum transform block horizontal size is not the same as the maximum transform block vertical size”. Applicant’s specification, however, provides very little description of a “maximum transform block horizontal size” or a “horizontal size of the maximum transform block” (see only ¶305 of Applicant’s published specification) and Applicant provides no description of a maximum transform block horizontal size different than a maximum transform block vertical size (see ¶¶304, 306, 308, 314, 372, 1010, 1013, and Fig. 32 of Applicant’s published specification, describing only the use of MaxTbSizeY, the maximum vertical size of the transform, or the “maximum size of the transform block” with no distinction as being used in comparison with block width (cbWidth) and block height (cbHeight) and describing examples of such a size as 32x32, 64x64, 4x4, etc.).
For the purposes of this Action, “the maximum transform block horizontal size is not the same as the maximum transform block vertical size” is interpreted as the maximum transform block horizontal size is [] the same as the maximum transform block vertical size.
Claim Rejections - 35 USC § 102
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.
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.
Claims 20-22 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Patent Publication No. 2013/0016789 (“Lou”).
With respect to claims 20-22, patentable weight is given to data stored on a computer-readable medium when there exists a functional relationship between the data and its associated substrate. MPEP 2111.05 III. For example, if a claim is drawn to a computer-readable medium containing programming, a functional relationship exists if the programming “performs some function with respect to the computer with which it is associated.” Id. However, if the claim recites that the computer-readable medium merely serves as a support for information or data, no functional relationship exists and the information or data is not given patentable weight. Id. Claims 20-22 are directed to a non-transitory medium storing a bitstream, wherein the bitstream is generated by several method steps/elements. These elements or steps are not performed by an intended computer, and the bitstream is not a form of programming that causes functions to be performed by an intended computer. This shows that the computer-readable medium merely serves as support for the bitstream and provides no functional relationship between the steps/elements that describe the generation of the bitstream and intended computer system. Therefore, those claim elements are not given patentable weight. Thus the claim scope is just a storage medium storing data and is anticipated by Lou which recites a storage medium storing a bitstream (see ¶155).
Claim Rejections - 35 USC § 103
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.
Claims 1, 5-6, and 12, 15-16, 23, and 26 are rejected under 35 U.S.C. 103 as unpatentable over U.S. Patent Publication No. 2020/0252608 (“Ramasubramonian”), which corresponds to a priority application dated February 2019 in view of the level of skill in the art, in view of U.S. Patent Publication No. 2021/0227208 (“Lee”), which corresponds to priority applications dated October 2018 and January 2019.
With respect to claim 1, Ramasubramonian discloses the invention substantially as claimed, including:
A video decoding method using a bitstream, comprising:
generating a prediction block of a current block by performing prediction for the current block (see Title, Figs. 1, 11, items 112, 116, 81, ¶¶251-257, describing a prediction processing unit that generates prediction data, i.e., a prediction block, for a video block, i.e., current block, by performing prediction for that video block); and
performing decoding for the current block using the prediction block (see citations with respect to element above describing that this method includes decoding the current video block using the predictive/prediction block),
wherein
one of a horizontal partitioning mode and a vertical partitioning mode is selected for the current block using an indicator in a case that the bitstream comprises the indicator indicating a direction of partitioning for the current block (see ¶¶30-34, 137, 154-160, 165-170, 210-212, describing determining if an ISP split flag (which indicates horizontal partitioning mode or vertical partitioning mode) is present in the video bitstream for a current block, i.e., in a case that the bitstream comprises the indicator indicating a direction of partitioning for the current block, and that based on this split flag, horizontal or vertical partitioning is selected), and
[ISP mode is allowed] for the current block according to … a horizontal size of the current block and a vertical size of the current block [] (see ¶¶118-121, Fig. 2, describing that whether ISP partitioning is allowed and the number of partitions allowed may depend on the horizontal and vertical size of the current block, e.g., 4x4 blocks are not allowed to be split but 4x8 and 8x4 blocks or larger may be; see also Claim Rejection under 35 U.S.C. 112 above and associated interpretation).
Ramasubramonian does not explicitly disclose that the use of ISP or the number of partitions may be based on the ratio between the horizontal size of the current block and vertical size of the current block.
However, in the same field of endeavor, Lee discloses that it was known to determine whether ISP partitioning is applied and/or the number of sub-partitions it may be split into based on such a ratio (see ¶¶274-275, 281-284, 290, 301-302, describing that ISP is not used when the height to width ratio is higher than or lower than a threshold value and that the number/shape of sub-partitions may depend on this ratio).
As detailed above, Ramasubramonian details the use of ISP and that its usage may depend on the current block’s width and height. It also details that the number of subpartitions resulting from ISP may also depend on block width and height. At the time of filing, one of ordinary skill in the art would have understood the potential width/height comparisons that may be used to determine if ISP is appropriate and, if so, how many subpartitions may result. Accordingly, to one of ordinary skill in the art at the time of filing, using a height/width ratio to determine whether ISP is allowed and/or, if so, how many sub-partitions may result, in the coding system of Ramasubramonian would have represented nothing more than the combination of prior art elements according to known methods to achieve predictable results and/or the simple substitution of one known element for another to obtain predictable results.
Therefore, it would have been obvious to one having ordinary skill in the art at the time of the invention to include a mechanism for determining whether ISP partitioning is allowed and/or the number of sub-partitions that a current block may be split into using ISP in the coding system of Ramasubramonian, as taught by Lee.
With respect to claim 5, Ramasubramonian discloses the invention substantially as claimed. As detailed above, Ramasubramonian in view of Lee discloses each and every element of independent claim 1. Ramasubramonian/Lee additionally discloses:
wherein:
whether the partitioning in a first direction is applied to the current block is determined based on a first comparison and a second comparison in a case that the bitstream does not comprise the indicator,
the partitioning in a second direction is applied to the current block in a case that it is determined that the partitioning in the first direction is not applied,
the first comparison is a comparison between a horizontal size of the current block and a maximum transform block horizontal size,
the second comparison is a comparison is a comparison between a vertical size of the current block and a maximum transform block vertical size, and
the maximum transform block horizontal size is [] the same as the maximum transform block vertical size (see citations and arguments with respect to claim 1 above and Ramasubramonian Figs. 2-3, ¶¶129 (and table 2 thereafter), 130, 141-143, 149, 154, 156-161, 165-169, 172-175 (and tables thereafter), 210-212, describing that, when an indicator/flag indicating the partitioning direction (e.g., split flag or split type) is not signaled, i.e., the bitstream does not comprise the indicator, the decoder may infer/determine such a split flag/type (and thereby whether to use vertical or horizontal partitioning) based on comparing both the horizontal size/width of the current block to the maximum transform block horizontal size (MaxTbSize/MaxTbSizeY) and the vertical size/width of the current block to the maximum transform block vertical size (also MaxTbSize/MaxTbSizeY - Y representing luma, not vertical), e.g., where 64x64 is the maximum transform block size – MaxTbSizeY is 64, i.e., both the horizontal and vertical size of the maximum transform block are the same).
The reasons for combining the cited prior art with respect to claim 1 also apply to claim 5.
With respect to claim 6, Ramasubramonian discloses the invention substantially as claimed. As detailed above, Ramasubramonian in view of Lee discloses each and every element of dependent claim 5. Ramasubramonian/Lee additionally discloses:
wherein: the first direction is one of a horizontal direction and a vertical direction, and the second direction is the other of the horizontal direction and the vertical direction (see citations and arguments with respect to claims 1 and 5 above, describing that the potential split directions are horizontal and vertical).
The reasons for combining the cited prior art with respect to claim 1 also apply to claim 6.
With respect to claim 12, Ramasubramonian discloses the invention substantially as claimed. As detailed above, Ramasubramonian in view of Lee discloses each and every element of independent claim 1. Ramasubramonian/Lee additionally discloses:
A video encoding method, comprising:
generating a prediction block for a current block by performing prediction for the current block (see Fig. 10, item 41, ¶¶84, 87, 92, 97-98, 245, 248, describing encoding by generating a prediction block); and
performing encoding for the current block using the prediction block to generate a bitstream (see Figs. 1, 10, items 104, 106, 41, ¶¶237-248, describing an encoder that uses a prediction module to encode the current block using a prediction block for a current block and generate an encoded bitstream for transmission to the decoder),
wherein
an indicator indicates one of a horizontal partitioning mode and a vertical partitioning mode which is selected for the current block in a case that the bitstream comprises the indicator (see citations and arguments with respect to corresponding element of claim 1 above), and
one of the horizontal partitioning mode and the vertical partitioning mode is selected for the current block according to … a horizontal size of the current block and a vertical size of the current block in a case that the bitstream does not comprise the indicator indicating the direction of the partitioning for the current block (see citations and arguments with respect to corresponding element of claim 1 above).
The reasons for combining the cited prior art with respect to claim 1 also apply to claim 12.
With respect to claim 15, Ramasubramonian discloses the invention substantially as claimed. As detailed above, Ramasubramonian in view of Lee discloses each and every element of independent claim 12. Ramasubramonian/Lee additionally discloses:
wherein:
whether the partitioning in a first direction is applied to the current block is determined based on a first comparison and a second comparison in a case that the bitstream does not comprise the indicator,
the partitioning in a second direction is applied to the current block in a case that it is determined that the partitioning in the first direction is not applied,
the first comparison is a comparison between a horizontal size of the current block and a maximum transform block horizontal size,
the second comparison is a comparison is a comparison between a vertical size of the current block and a maximum transform block vertical size, and
the maximum transform block horizontal size is not the same as the maximum transform block vertical size (see citations and arguments with respect to claims 12 and 5 above).
The reasons for combining the cited prior art with respect to claim 1 also apply to claim 15.
With respect to claim 16, Ramasubramonian discloses the invention substantially as claimed. As detailed above, Ramasubramonian in view of Lee discloses each and every element of dependent claim 15. Ramasubramonian/Lee additionally discloses:
wherein: the first direction is one of a horizontal direction and a vertical direction, and the second direction is the other of the horizontal direction and the vertical direction (see citations and arguments with respect to claims 15 and 6 above).
The reasons for combining the cited prior art with respect to claim 1 also apply to claim 16.
With respect to claim 23, claim 23 recites the elements of claim 1 with the addition of sending a bitstream to the video decoding apparatus wherein the bitstream information is used to perform the method steps of claim 1. Ramasubramonian recites that its method includes the sending of a bitstream to the video decoding apparatus and that this bitstream information is used to perform the video decoding (see Fig. 11, item “encoded video bitstream”, ¶¶30-34).
With respect to claim 26, claim 26 recites the elements of claim 1 in computer-readable medium form rather than method form. Ramasubramonian recites that its method may be implemented by a non-transitory computer-readable recording medium storing instructions executed by the processor (see ¶¶10, 32, 225, 230-234, 247, 259-260). Accordingly, the disclosure recited with respect to claim 1 also applies to claim 26.
Claim Rejections - 35 USC § 103
Claims 2-4, 13-14, 24-25, and 27-28 are rejected under 35 U.S.C. 103 as being unpatentable over Ramasubramonian in view of Lee and further in view of U.S. Patent Publication No. 2021/0409765 (“De Luxan Hernandez”), which corresponds to a priority application dated March 2019.
With respect to claim 2, Ramasubramonian discloses the invention substantially as claimed. As detailed above, Ramasubramonian in view of Lee discloses each and every element of independent claim 1.
Ramasubramonian/Lee does not explicitly describe the transmission of MPM information, i.e., it does not disclose wherein Most Probable Mode (MPM) information representing whether a MPM mode is used for the current block is received via the bitstream, and wherein the MPM information is received irrespective of a signal related to Intra Sub-Partitions (ISP) for the current block.
However, in the same field of endeavor, De Luxan Hernandez discloses that it was known to send MPM information irrespective of ISP mode:
wherein Most Probable Mode (MPM) information representing whether a MPM mode is used for the current block is received via the bitstream, and
wherein the MPM information is received irrespective of a signal related to Intra Sub-Partitions (ISP) for the current block (see citations and arguments with respect to claim 1 above and ¶¶122-123, describing the use of a MPM usage flag is transmitted from encoder to decoder, i.e., wherein MPM information representing whether a MPM mode is used for the current block is received via a bitstream, and that the MPM flag may be signaled irrespective of whether ISP is used, i.e., wherein the MPM information is received irrespective of a signal related to ISP for the current block; see citations and arguments with respect to claim 2 above, describing that the MPM information may be received irrespective of a signal related to the ISP - ¶123 states that this ISP information may be a flag 114 indicating partitioning direction, ¶146 also describes that ISP may be indicated by a flag).
As detailed above, Ramasubramonian details the use of ISP, but does not describe in detail its interaction with MPMs. However, De Luxan Hernandez details ISP and its use with MPMs, describing that the system may infer the MPM information based on ISP use OR that the MPM info may be received irrespective of the usage/application of ISP (see citations and arguments with respect to claim 2 above). Accordingly, to one of ordinary skill in the art at the time of filing, receiving MPM information irrespective of the usage/application of ISP, in the coding system of Ramasubramonian would have represented nothing more than the combination of prior art elements according to known methods to achieve predictable results and/or the simple substitution of one known element for another to obtain predictable results.
Therefore, it would have been obvious to one having ordinary skill in the art at the time of the invention to include a mechanism for receiving MPM information irrespective of the ISP signal for the current block in the coding system of Ramasubramonian/Lee, as taught by De Luxan Hernandez.
With respect to claim 3, Ramasubramonian discloses the invention substantially as claimed. As detailed above, Ramasubramonian in view of Lee and De Luxan Hernandez discloses each and every element of dependent claim 2. Ramasubramonian/Lee /De Luxan Hernandez additionally discloses:
wherein the signal related to the ISP is a signal indicating whether the ISP is applied to the current block (see citations and arguments with respect to claim 2 above, describing that the MPM information may be received irrespective of a signal related to the ISP – De Luxan Hernandez ¶123 states that this ISP information may be a flag 114 indicating partitioning direction, ¶146 also describes that ISP may be indicated by a flag).
The reasons for combining the cited prior art with respect to claim 2 also apply to claim 3.
With respect to claim 4, Ramasubramonian discloses the invention substantially as claimed. As detailed above, Ramasubramonian in view of Lee and De Luxan Hernandez discloses each and every element of dependent claim 2. Ramasubramonian/Lee/De Luxan Hernandez additionally discloses:
wherein:
the ISP partitions the current block into two or four subblocks by applying horizontal partitioning or vertical partitioning to the current block, and applies a same intra prediction mode to the subblocks (see citations and arguments with respect to claim 2 above and Ramasubramonian, Abstract, Figs. 2-3, ¶¶119-122, showing and describing that the ISP may partition the target block into 2 or 4 subblocks by applying horizontal or vertical partitioning and the same intra prediction mode cycles through these sub-blocks, i.e., is applied to the sub-blocks).
The reasons for combining the cited prior art with respect to claim 2 also apply to claim 4.
With respect to claim 13, Ramasubramonian discloses the invention substantially as claimed. As detailed above, Ramasubramonian in view of Lee discloses each and every element of independent claim 12 and Ramasubramonian in view of Lee and De Luxan Hernandez discloses each and every element of dependent claim 2, the combination of which is incorporated herein. Ramasubramonian/Lee/De Luxan Hernandez additionally discloses:
wherein:
Most Probable Mode (MPM) information representing whether a MPM mode is used for the current block is generated, and
wherein the MPM information is comprised in the bitstream irrespective of a signal related to Intra Sub-Partitions (ISP) for the current block, and
wherein the signal related to the ISP is a signal indicating whether the ISP is applied to the current block (see citations and arguments with respect to claims 12 and 2 above).
The reasons for combining the cited prior art with respect to claim 2 also apply to claim 13.
With respect to claim 14, Ramasubramonian discloses the invention substantially as claimed. As detailed above, Ramasubramonian in view of Lee and De Luxan Hernandez discloses each and every element of dependent claim 13. Ramasubramonian/Lee/De Luxan Hernandez additionally discloses:
wherein:
the ISP partitions the current block into two or four subblocks by applying horizontal partitioning or vertical partitioning to the current block, and applies a same intra prediction mode to the subblocks (see citations and arguments with respect to claims 13 and 4 above).
The reasons for combining the cited prior art with respect to claim 2 also apply to claim 14.
With respect to claim 24, claim 24 recites the elements of claim 2 with the addition of sending a bitstream to the video decoding apparatus wherein the bitstream information is used to perform the method steps of claim 2. Ramasubramonian recites that its method includes the sending of a bitstream to the video decoding apparatus and that this bitstream information is used to perform the video decoding (see Fig. 11, item “encoded video bitstream”, ¶¶30-34).
With respect to claim 25, claim 25 recites the elements of claim 3 with the addition of sending a bitstream to the video decoding apparatus wherein the bitstream information is used to perform the method steps of claim 3. Ramasubramonian recites that its method includes the sending of a bitstream to the video decoding apparatus and that this bitstream information is used to perform the video decoding (see Fig. 11, item “encoded video bitstream”, ¶¶30-34).
With respect to claim 27, claim 27 recites the elements of claim 2 in computer-readable medium form rather than method form. Ramasubramonian recites that its method may be implemented by a non-transitory computer-readable recording medium storing instructions executed by the processor (see ¶¶10, 32, 225, 230-234, 247, 259-260). Accordingly, the disclosure recited with respect to claim 2 also applies to claim 27.
With respect to claim 28, claim 28 recites the elements of claims 27 and 5 in computer-readable medium form rather than method form. Ramasubramonian recites that its method may be implemented by a non-transitory computer-readable recording medium storing instructions executed by the processor (see ¶¶10, 32, 225, 230-234, 247, 259-260). Accordingly, the disclosure recited with respect to claims 27 and 5 also apply to claim 28.
Conclusion
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LINDSAY J UHL
Primary Examiner
Art Unit 2481
/LINDSAY J UHL/Primary Examiner, Art Unit 2481
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