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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4/29/25, 9/25/24, 8/20/24, 7/19/24 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory 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); 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 be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 12,155,401. Although the claims at issue are not identical, they are not patentably distinct from each other because both sets of claims recite the same subject matter with colorable differences. For instance,
Claims 1 of the present application recites:
A method of decoding a bitstream of compressed point cloud data representing a three-dimensional location of a physical object, for generating a point cloud data, the point cloud data being located within a volumetric space, the method comprising: decoding a first part of the point cloud data represented by a first tree of a first type;
determining for a given node of the first tree if an assignation to a second type of tree is enabled, said given node still being processed for the first tree;
when the assignation is enabled, decoding a second part of the point cloud data represented by a second tree of the second type, wherein features associated with a root node of the second tree are at least partially obtained from the given node,
wherein any of the first type or the second type of tree is a volume tree obtained by recursively splitting the volumetric space into sub-volumes containing points of the point cloud data, wherein recursively splitting the volume into sub-volumes creates the volume tree, wherein each sub-volume is associated with a node of the volume tree, such that compressed data comprises at least the occupancy information of the sub-volumes.
Claim 2 of the application recites:
The method of claim 1, wherein determining the assignation further comprises decoding from the bitstream an assignation flag that signals whether an assignation to the second type of tree is performed or not for the given node.
The limitations of claims 1 and 2 of the application are identical to the limitations of claims group 1 and 3 of patent number 12,155,401. These 2 groups of claims recite the same limitation in different order or rearranging sequence.
Claim 3 of the application recites:
The method of claim 2, wherein decoding the assignation flag is further subject to an eligibility condition for the given node to be eligible for assignation.
This limitation is identical to the limitation of claim 2 of the patent.
Claim 4 of the application recites:
The method of claim 1 wherein any of the first type or the second type of tree is a predictive-point tree that associates at least one point of the point cloud data with each node, the position of the point being coded directly or as a residual position relatively to at least one ancestor point associated with an ancestor node of the predictive-point tree, such that compressed data comprises at least the information representative of the predicted position of the points associated with the nodes of the predictive-point tree.
This limitation is identical to the limitation claim 4 of the patent.
Claim 5 of the present application recites:
The method of claim 1wherein the first type of tree is a volume tree, the second type of tree is a predictive-point tree, and the root node of the predictive-point tree is associated with a point of the point cloud belonging to the volume associated with the given node, one of the features associated with the root node being the volumetric location of the root point.
This limitation is identical to the limitation claim 4 of the patent.
Claim 6 of the present application recites:
The method of claim 1 wherein the first type of tree is a predictive-point tree, the second type of tree is a volume tree, and the root volume associated with the root node of the volume tree is determined at least partially from the point associated with the given node, features associated with the root node being the location and/or size of the root volume.
This limitation is identical to the limitation of claim 6 of the patent.
Claim 7 of the application recites:
The method of claim 6 wherein additional information on the size and/or location of the root volume is coded in the bitstream.
This limitation is identical to the limitation of claim 7 of the patent.
Claims 8 and 9 of the application recite:
Claim 8: A decoder for decoding a bitstream of compressed point cloud data to produce a reconstructed point cloud representing a three-dimensional location of a physical object, the point cloud data being located within a volumetric space, the decoder comprising: a processor;
a memory;
and a decoding application containing instructions executable by the processor that, when executed, cause the processor to:
decode a first part of the point cloud data represented by a first tree of a first type;
determine for a given node of the first tree if an assignation to a second type of tree is enabled, said given node still being processed for the first tree;
when the assignation is enabled, decode a second part of the point cloud data represented by a second tree of the second type, wherein features associated with a root node of the second tree are at least partially obtained from the given node, wherein any of the first type or the second type of tree is a volume tree obtained by recursively splitting the volumetric space into sub-volumes containing points of the point cloud data, wherein recursively splitting the volume into sub-volumes creates the volume tree, wherein each sub-volume is associated with a node of the volume tree, such that compressed data comprises at least the occupancy information of the sub-volumes.
Claim 9 of the application recites:
The decoder of claim 8, wherein the processor is caused to determine the assignation by decoding from the bitstream an assignation flag that signals whether an assignation to the second type of tree is performed or not for the given node.
The limitations of claims group 8 and 9 of the application are identical to the limitations of group claims group 8 and 10 of patent number 12,155,401. These 2 groups of claims recite the same limitation in different order or rearranging sequence.
Claim 10 of the present application recites:
The decoder of claim 9, wherein decoding the assignation flag is further subject to an eligibility condition for the given node to be eligible for assignation.
This limitation is identical to the limitation of claim 9 of the pending application.
Claim 11 of the present application recites:
The decoder of claim 9, wherein any of the first type or the second type of tree is a predictive-point tree that associates at least one point of the point cloud data with each node, the position of the point being coded directly or as a residual position relatively to at least one ancestor point associated with an ancestor node of the predictive-point tree, such that compressed data comprises at least the information representative of the predicted position of the points associated with the nodes of the predictive-point tree.
This limitation is identical to the limitation of claim 11 of the patent.
Claim 12 of the present application recites:
12. The decoder of claim 9, wherein the first type of tree is a volume tree, the second type of tree is a predictive-point tree, and the root node of the predictive-point tree is associated with a point of the point cloud belonging to the volume associated with the given node, one of the features associated with the root node being the volumetric location of the root point.
This limitation is identical to the limitation of claim 12 of the patent.
Claim 13 of the present application recites:
The decoder of claim 9 wherein the first type of tree is a predictive-point tree, the second type of tree is a volume tree, and the root volume associated with the root node of the volume tree is determined at least partially from the point associated with the given node, features associated with the root node being the location and/or size of the root volume.
This limitation is identical to the limitation of claim 13 of the patent.
Claim 14 of the present application recites:
The decoder of claim 13 wherein additional information on the size and/or location of the root volume is coded in the bitstream.
This limitation is identical to the limitation of claim 13 of the patent.
Allowable Subject Matter
Claims 15-20 of the application are allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PEGUY JEAN PIERRE whose telephone number is (571) 272-1803. The examiner can normally be reached from 8:00-6:30 PM Monday-Thursday. The examiner’s fax phone number is (571) 273-1803. The Examiner email address is peguy.jeanpierre@uspto.gov. If attempts to reach the Examiner are unsuccessful, the Examiner’s supervisor Dameon E. Levi can be reached at (571) 272-2105.
/PEGUY JEAN PIERRE/Primary Examiner, Art Unit 2845