DETAILED ACTION
This communication is being filed in response to the submission having a mailing date of (09/15/2025) in which a (3) month Shortened Statutory Period for Response has been set.
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 .
Acknowledgements
3. Upon entry, claims (1 -9) remain pending for examination, of which Claims (1, 8, 9) are the three (3) parallel running independent claims on record, being amended.
4. Examiner thanks’ Applicant representative (Atty. Won S. Yoon; Reg. No, 71,058) for the new list of amendments provided, for the detailed remarks and clarifications, and for the cooperation expediting the case.
Response to Applicant’s arguments
Applicant’s arguments have been carefully considered, but even when substantially amendments added to the claims, they’re not persuasive, in view of the new ground, and for at least the following reasons:
5.1. Examiner undersigned considers that the presented combined prior art on record, very well discloses all the features as currently claimed - an addition to the VVC codec (i.e. see Table of the VVC standard section 7.3.], where a modified merge mode with MMVD is used, including signaling syntax for whether MMVD tool is enabled, also indexation and reordering candidates in the list; [Chang/Li/Chen] … which for the most part, were part of the common knowledge at the time of the invention.
5.2. Examiner would further stress that the no allowable subject matter has been yet identified in the claims. The claims language instead lists a set of well-known feature techniques, for codec applications, commonly used and well documented, way before the invention was filed/made.
5.3. Examiner notes that Applicant lists plurality of well-known techniques following the term(s) “ordering/enabling …etc” that passively indicates that a function is performed without requiring the functional structure/methodology as a limitation on the claim itself. It is clear that such claim language does not further limit the claims, and does not require a separate reason for rejection; (see MPEP 2111.04). The clause may be given some weight to the extent it provides "meaning and purpose” to the claimed invention, but not when “it simply expresses the intended result” of the invention.
5.4. More specifically, Applicant argues:
5.4.1. Applicant argues the PA failure to disclose: [... based on reordering of prediction
candidates in an MMVD mode being enabled, the prediction candidates are reordered; (page 2)]; Examiner respectfully disagrees, because under the broadest reasonable interpretation consistent with the instant specification and the common knowledge of one of ordinary skill in the art, at least Chong teaches – reordering/adjustment of the motion candidates of the MMVD implementation (i.e. being enabled (via implementation) by definition) in accordance with the VVC codec format; [pages 1 -2]. See rejection section (6) for additional rationale and motivation to combine.
Chen similarly teaches - a merge mode with MVD (MMVD), as detailed described in at least Figs. (14 -15); bitstream data configuration [Chen; 16: 35], that is signaled when MMVD is enabled/used [Chen; 22: 45], able to order/index the motion candidates in the list, according to the type information; [Chen; Summary; Col. 24, 28 -31])
5.4.2. Regarding the rationale and mapping of the new amended features, pls. refer to the Rejection section (6) below.
Finally, the Office considers Applicant's arguments not persuasive, as applied rejection on record as a whole reads on the claimed construction, establishing the "Prima Facie" case of equivalent disclosures, on the basis of a person of ordinary skills in the art would have recognized the similar elements shown, or the same structural similarities shown, wherein such structure/methodology performs the same identical functions in substantially the same way, able to produce the same identical results.
_ See [MPEP – 2183]. Making a Prima Facie Case of Equivalence).
_ See In re Bond, 910 F.2d 831, 833, 15 USPQ2d 1566, 1568]; …also when similar structure applies;
_ See Kemco Sales, Inc. vs. Control Papers., 208 F.3d 1352, 54 USPQ2d 1308] …when identical functionality is specified in the claim, in substantially the same way.
Claim rejection section
6. This is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained through the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negative by the manner in which the invention was made.
6.1. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966) that applied for establishing a background for determining obviousness under 35 USC 103(a) 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 non-obviousness
6.2. Claims (1 -9) is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang; et al. (On MMVD signaling; March-2019; hereafter “Chang”) in view of Li; et al (US 10,904,549 B2; hereafter “Li”), and further in view of Chen; et al [US 12,075,060; with Provisional benefit of Oct-2021].
Claim 1. (Currently Amended) The prev. presented combination of Chang/Li discloses the basics of the invention substantially as claimed - An image decoding method performed by an image decoding apparatus, the image decoding method comprising: (e.g. an addition to the VVC codec (i.e. see Table of the VVC standard section 7.3.], where merge mode with MMVD is used, including signaling whether MMVD tool is enabled, also indexation and reordering candidates in the list; [Chang; page 1-2].)
At least Chang teaches - determining whether to reorder prediction candidates based on whether reordering of the prediction candidates in a merge mode (e.g. see updating candidate list in a merge mode; [pages 1-2]) with motion vector difference (MMVD) mode is enabled; (e.g. see MMVD is enable or not; [Chang; pages 1-2]);
identifying a prediction candidate indicated by prediction candidate identification information from the prediction candidates or the reordered prediction candidates; (e.g. see identifier (i.e. index), including associated magnitude & direction; [Chang; pages 1-2])
and deriving an offset of the MMVD mode based on the identified prediction candidate, (e.g. wherein the index, is associated magnitude and direction; [pages 1-2]))
wherein the prediction candidate identification information is obtained from a bitstream, (e.g. similarly signaled in the bitstream (i.e. see SPS in Tables); [pages 1-2])
Chang further teaches that - The merge mode with motion vector differences (MMVD) is introduced in VVC; … based on vector identified information; [pages 1 -2]; but fails to disclose - and wherein a number of the offsets of the MMVD mode is greater than 32 – as now claimed.
Chang fails to present a reasonable codec architecture mapping the invention, and the details of the reordering technique as claimed.
For the purpose of additional clarification and in the same field of endeavor, Li teaches a codec architecture of the same, as illustrated in at least Figs. (6 and 7), in accordance with the codec standards [Li; 5: 30], employing inter prediction technique of the same, in which the motion vector predictor obtained from the MVP candidate list is used as the motion vector (MV) of the current block without the separate motion vector difference (MMVD), Figs. (14 -15), referred as merge mode; [Li; 21: 60; 22: 06; 29: 30]; and wherein a candidate ordering/pruning indexation in a merge mode is similarly implemented, as shown in at least (Fig. 12); [Li; Col. 27].)
It is also note, that Chang/Li fails to disclose the new amended contribution - wherein a number of the offsets of the MMVD mode is greater than 32 – as now claimed.
For the purpose of additional clarification and in the same filed of endeavor, Chen discloses a codec architecture of the same (encoder (703) in Fig. 7 and decoder (810) Fig. 8), in accordance with the VVC formats, employing a merge mode with MVD (MMVD), as detailed described in at least Figs. (14 -15); similar bitstream data configuration [16: 35], that is signaled when MMVD is enabled/used [22: 45], able to order/index the motion candidates in the list, according to the type information; [Chen; Summary; Col. 24, 28 -31].)
More specifically, Chen discloses – wherein, based on reordering of the prediction candidates in the MMVD mode being enabled, (e.g. see similar flag, signaling MMVD enablement; [Chen: 22: 52]) the prediction candidates are reordered, (e.g. see candidates updating step; [Chen; 22: 48]) wherein a number of the offsets of the MMVD mode is greater than 32 - as any suitable set of distances and/or any suitable set of directions can be used in MMVD mode; [Chen; 22: 35], as detailed described in the associated Tables (1 -6); [Chen; Cols. 24 -31].
Therefore, it would have been obvious to one skilled in the art before the effective filing date of the claimed invention, to modify the papers of Chang, with the codec architecture of Li, in order to provide (e.g. a codec architecture that improves coding efficiency by using “merge mode” technique for MMVD, [Li; 11: 62]; and further combined with the particularities of the MMVD mode of Chen, in order to improve codec quality and efficiency, by allow larger search range when TM is enabled for MMVD mode; [Chen; Col. 23].)
Claim 2. (Original) Chang/Li/Chen discloses - The image decoding method of claim 1. wherein whether the reordering is enabled is determined based on first information (e.g. reorders the plurality of MVD candidates according to the TM costs of the plurality of MVD candidates; [Chen: 5: 40]); wherein motion information is accordantly signaled (i.e. VVC enabled; [17: 40]); obtained from the bitstream; (e.g. see bitstream data [Chen; 16: 35]; the same motivation applies herein);
and wherein the first information is obtained from at least one of an SPS level, PPS level, PH level or SH level of the bitstream; (e.g. signalled via SPS/PPS and/or any other VVC enabled configuration; [Chen; 22: 55]; the same motivation applies herein.)
Claim 3. (Currently Amended) Chang/Li/Chen discloses - The image decoding method of Claim 1, wherein the identified prediction candidate is identified from the reordered prediction candidates; (e.g. selection based on prev. reordered motion parameters (i.e. direction, distance, magnitude), as detailed shown in at least Table (3); [Chen; Col. 23]; the same motivation applies herein.)
Claim 4. (Original) Chang/Li/Chen discloses - The image decoding method of claim 1, wherein the prediction candidates are reordered based on an error value of a current block, (e.g. the same the same rationale/motivation apply herein as given to Claims 1 -3);
and wherein the prediction candidate identification information is index information indicating the identified prediction candidate among the reordered prediction candidates; (e.g. see index direction and distance Tables (3-6), similarly ordered by taking “error value” into account; [Li; 25: 65 -26-09]; the same motivation applies herein.)
Claim 5. (Original) Chang/Li/Chen discloses - The image decoding method of claim 1, wherein the prediction candidates are not reordered based on the reordering not being enabled; (e.g. the same rationale/motivation apply herein as given to Claims 1 -3);
and wherein the identified prediction candidate is identified from the non-reordered prediction candidates; (e.g. a candidate ordering/pruning indexation in a merge mode, as shown in at least (Fig. 12); [Li; 4: 25]; same motivation applies herein.)
Claim 6. (Original) Chang/Li/Chen discloses - The image decoding method of claim 5, wherein the prediction candidate identification information comprises
distance index information indicating a prediction candidate corresponding to a distance of the offset and direction index information indicating a prediction candidate corresponding to a direction of the offset, among the non-reordered prediction candidates; (e.g. see distance index and direction index of the respectively offsets; Tables (2-3); [Li; Col. 21 -22]; the same motivation applies herein.)
Claim 7. (Original) Chang/Li/Chen discloses - The image decoding method of claim 1, wherein the prediction candidate identification information is single index information encoded based on a number of directions and distances supported by the MMVD mode; (e.g. see Table of the VVC standard section 7.3.], where merge mode with MMVD is similarly implemented; [Chang; page 3 -4.]); see also similar MMVD distance and direction indexation; Tables (2 -3); [Li; Cols. 21 -22]; and also similar in at least Table (3); [Chen; Col. 23]; the same motivation applies herein.)
Claim 8. (Currently Amended) Chang/Li/Chen discloses - An image encoding method performed by an image encoding apparatus, the image encoding method comprising: determining whether to reorder prediction candidates based on whether reordering of the prediction candidates in a merge mode with motion vector difference (MMVD) mode is enabled; and identifying a prediction candidate corresponding to an offset of the MMVD mode from the prediction candidates or the reordered prediction candidates, wherein prediction candidate identification information indicating the identified prediction candidate is encoded into a bitstream, wherein, based on reordering of the prediction candidates in the MMVD mode being 1enabled, the prediction candidates are reordered, and wherein a number of the offsets of the MMVD mode is greater than 32. (Current lists all the same elements as recite in Claim 1 above, but in “Coding method form” instead, and is/are therefore on the same premise.)
Claim 9. (Currently Amended) Chang/Li/Chen discloses - A method of transmitting a bitstream generated by an image encoding method, the image encoding method comprising: determining whether to reorder prediction candidates based on whether reordering of the prediction candidates in a merge mode with motion vector difference (MMVD) mode is enabled; and identifying a prediction candidate corresponding to an offset of the MMVD mode from the prediction candidates or the reordered prediction candidates, wherein prediction candidate identification information indicating the identified prediction candidate is encoded into a bitstream, wherein, based on reordering of the prediction candidates in the MMVD mode being enabled, the prediction candidates are reordered, and wherein a number of the offsets of the MMVD mode is greater than 32. (Current lists all the same elements as recite in Claim 1 above, but in “TX/RX coding method form” instead, and is/are therefore on the same premise.)
Prior Art Citations
7. The following List of prior art, made of record and not relied upon, is/are considered pertinent to applicant's disclosure:
7.1. Patent documentation:
US 10,904,549 B2 Li; et al. H04N19/105; H04N19/44; H04N19/46;
US 12,081,735 B2 Ko; et al. H04N19/186; H04N19/159; H04N19/167;
US 11,140,406 B2 Chang; et al. H04N19/109; H04N19/513; H04N19/52;
US 12,382,014 B2 Zhang; et al. H04N19/51; H04N19/103; H04N19/105;
US 11,070,821 B2 Zhang; et al. H04N19/119; H04N19/139; H04N19/186;
US 11,831,901 B2 Liu; et al. H04N19/54; H04N19/139; H04N19/105;
US 12,075,060 B2 Chen; et al. H04N19/137; H04N19/52; H04N19/88;
7.2. Non-Patent Literature:
_ Fix of MMVD signaling; Li - March-2019;
_ On MMVD signaling; Chang - March-2019;
_ Merge Mode with Motion Vector Difference; Jeon - 2020.
CONCLUSIONS
8. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP 5 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.1 36(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 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 date of this final action.
9. Any inquiry concerning this communication or earlier communications from the
examiner should be directed to LUIS PEREZ-FUENTES (luis.perez-fuentes@uspto.gov)
whose telephone number is (571) 270 -1168. The examiner can normally be reached on
Monday-Friday 8am-5pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, WILLIAM VAUGHN can be reached on (571) 272-3922. The fax phone number for 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 applications is available through Private PAIR only. For more information about the PAIR system, http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated system, please call (800) 786 -9199 (USA OR CANADA) or (571) 272 -1000.
/LUIS PEREZ-FUENTES/
Primary Examiner, Art Unit 2481.
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