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 filed 1/21/2026 have been fully considered but they are not persuasive.
In regard to the rejections under Zhang, the applicant asserts that Zhang fails to disclose selection of motion information based on the intra prediction mode direction of the current block. The applicant asserts that Zhang merely reorders neighbors but does not derive selection rules from the intra mode itself.
The examiner disagrees. First the claim only generally requires selecting motion information ‘based on’ the intra prediction mode direction, the claim does not require altering selection rules as argued. Further, in paragraphs 96-97 Zhang discloses building different priority ordered lists of candidates according to the intra mode direction of the current block, particularly whether the direction of the current block is higher or lower than diagonal. Then the priority ordered list is checked in order for a candidate to select motion information from and the first candidate found is selected. Thus, contrary to the applicants arguments the order in the priority ordered lists of Zhang changes the selection rules of neighboring information because when the first candidate containing motion information in the ordered list is selected, the ordering determines the selected candidate.
Thes applicants remaining arguments are against the references individually , however In one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Interpretation
Claim 13 relates to a non-transitory computer-readable medium storing data content generated by a particular encoding method. Since the claims relate to a bitstream which is stored on a computer readable medium after all coding functions have been performed the bitstream no longer has any functional relationship with a processor or other machine, but instead relates to e.g. a video stored on a hard drive. The purpose of the stored bitstream is only to convey meaning to a human viewer of the coded bitstream and is thus non-functional descriptive material. Non-functional descriptive material used only to convey messages or meaning is given little patentable weight (See MPEP 2111.05). For the purposes of examination the examiner will interpret the claim as relating only to a computer readable medium storing data.
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.
Claim(s) 1-5, 9, 11-13, 15 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al (2018/0376164) in view of Pham Van et al (2020/0021839 hereafter Pham).
In regard to claim 1 Zhang discloses a method of encoding a video block (Zhang Figs. 10-11 and pars 90-103) comprising:
obtaining available motion information of blocks (Zhang Figs. 10 and pars 90-91 note obtaining motion information from neighboring blocks LB, L, LT, T and TR);
selecting motion information from said buffer based on an intra mode direction for the video block (Zhang pars 90-91 and pars 93-103 note the number and order of motion information obtained from neighboring blocks is determined based on an intra mode direction of a current block particularly note par. 96 different sets of motion information are selected based on whether the direction is higher or lower than a diagonal direction).
encoding at least a portion of the video block using the selected motion information (Zhang Fig. 14 and pars 112-127 note encoding a current video block, particularly note pars 117-122 for use of motion information during encoding).
It is noted that Zhang does not explicitly disclose that available motion information is copied into a buffer from which it is obtained. However, Pham discloses copying motion information used for motion prediction into a buffer (Pham par. 96 note motion vector information stored in an MV buffer).
It is therefore considered obvious that one of ordinary skill in the art before the effective filing date of the invention would recognize the advantage of utilizing a buffer as taught by Pham to store the motion information of Zhang in order to gain the expected advantage of quickly accessing previously coded motion information.
In regard to claim 5 refer to the statements made in the rejection of claim 1 above. Zhang further discloses that the motion information of a neighboring coding unit with the highest number of samples contiguous to a current coding unit comprising the video block is placed in said buffer (Zhang Figs 4, 7, 10 and pars 31, 75, 90-93 note motion information of all reconstructed neighboring blocks is available hence the coding unit with the most contiguous samples is also available and is stored in a buffer as indicated by Pham).
Claims 3 and 16 relate to a decoding method that substantially corresponds to the encoding method of claims 1 and 5 above. Refer to the statements made in regard to claims 1 and 5 above for the rejection of claims 3 and 16 which will not be repeated here for brevity. In particular regard to claim 3 Zhang further discloses decoding (Zhang Fig. 15 and pars 128-136).
In regard to claims 13 and 15 refer to the statements made in the rejection of claims 1 and 3 above. Zhang further discloses a computer readable medium storing program instructions and data (Zhang par. 129 note video data memory storing bitstream data, further note par. 139 computer readable memory storing program instructions).
In regard to claim 4 Zhang discloses an apparatus (Zhang Fig. 15) comprising:
a memory (Zhang par. 139 note various memories such as RAM and SDRAM), and
a processor (Zhang par. 140 note processors for executing programs stored in memory), configured to perform:
obtaining available motion information of blocks (Zhang Figs. 10 and pars 90-91 note obtaining motion information from neighboring blocks LB, L, LT, T and TR);
selecting motion information from said buffer based on an intra mode for the video block (Zhang pars 90-91 and pars 93-103 note the number and order of motion information obtained from neighboring blocks is determined based on an intra mode of the current block); and
decoding at least a portion of the video block using the selected motion information (Zhang Fig. 15 and pars 128-136 note encoding a current video block, particularly note pars 131-132 for use of motion information during decoding).
It is noted that Zhang does not explicitly disclose that available motion information is copied into a buffer from which it is obtained. However, Pham discloses copying motion information used for motion prediction into a buffer (Pham par. 96 note motion vector information stored in an MV buffer).
It is therefore considered obvious that one of ordinary skill in the art before the effective filing date of the invention would recognize the advantage of utilizing a buffer as taught by Pham to store the motion information of Zhang in order to gain the expected advantage of quickly accessing previously coded motion information.
In regard to claims 9 and 20 refer to the statements made in the rejection of claim 4 above. Zhang further discloses that the motion information of a reference is rescaled using picture order count of another reference prior to selection based on the intra prediction mode (Zhang pars 69-70 note scaling the motion information of previously coded blocks using the picture order count (POC) of the reference of the current block and the POC of the reference of the previously coded block, further note scaling is applied to candidates during list construction and hence is performed prior to selection from the constructed list).
In regard to claim 11 refer to the statements made in the rejection of claim 4 above. further discloses that reconstructed samples of a current intra coded coding unit are used to estimate a motion vector candidate to add to said buffer (Zang pars 57-67 note motion information is obtained from previously coded blocks, further note Figs 14-15 and pars 127 and 132-133 the coded current block is reconstructed and stored in decoded picture buffer (DBP) to be used as a reference for predicting information for subsequently coded blocks) .
In regard to claim 12 refer to the statements made in the rejection of claim 4 above. further discloses a device including at least one of:
an antenna configured to receive a signal, the signal including the video block (Zhang pars 141-143 note wireless communication which inherently requires an antenna);
a band limiter configured to limit the received signal to a band of frequencies that includes the video block (Zhang par. 143 note radio frequency communication which inherently requires a band limiter to exclude non RF frequencies); and
a display configured to display an output representative of the video block (Zhang par. 141 note destination device may include a display).
Claim 2 describes an encoding apparatus which corresponds to the decoding apparatus of claim 4. Refer to the statement made in the rejection of claim 4 above for the rejection of claim 2 which will not be repeated here for brevity. In particular regard to claim 2 Zhang further discloses an encoding apparatus (Zhang Fig. 14 and pars 112-127).
Claim(s) 6-8 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Pham as applied to claims 1, 3 and 4 above and in further view of Zhang et al (2021/0037256 hereafter Zhang-2).
In regard to claims 6, 8, 17 and 19 it is noted that neither Zhang or Pham disclose details of average motion information when the motion information comprises the same references. However Zhang-2 discloses that motion information used for predicting a current block may include constructed motion information (Zhang-2 pars 243-255 for contents of merge candidate lists particularly note par. 254 constructed candidates). Zhang-2 further discloses that such constructed motion information may be obtained by averaging several motion vector values of available motion information, including the two ‘highest’ entries in the list selected according to the intra prediction mode (Zhang-2 par. 283-284 note pairwise average candidates which are constructed by averaging pars (several) of motion vector candidates, including the pair of candidates (0,1) ‘highest’ on the candidate list index, further note Zhang par. 96 the candidate list is limited to a subset of candidates based on the intra mode direction). Zhang-2 also discloses that the motion information is made to have identical references (Zhang-2 par. 284 note scaling the MV to use the same reference picture).
It is therefore considered obvious that one of ordinary skill in the art before the effective filing date of the invention would recognize the advantage of incorporating pair-wise average motion vector candidates as taught by Zhang-2 in the invention of Zhang in view of Pham in order to ensure as sufficient number of motion information to perform efficient prediction.
Claim(s) 10 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Pham as applied to claims 4 above and in further view of Luo et al (2022/0210462).
In regard to claims 10 and 21 refer to the statements made in the rejection of claim 4 above. Zhang further disclose limiting neighboring motion information based on an intra mode direction corresponding to an intra coded block (Zhang par. 96). It is noted that neither Zhang nor Pham disclose filling a motion information buffer using an affine model. However, Luo discloses a method of deriving motion information with spatially varying values for prediction of a current coding unit using an affine parameter model derived from motion information of multiple neighboring blocks (Luo Figs 14-15 and pars 103-111 note regression based motion vector field which provides a field of spatially varying motion vectors for prediction of a current block using an affine parameter model).
It is therefore considered obvious that one of ordinary skill in the art before the effective filing date of the invention would recognize the advantage of incorporating regression based motion vector field prediction as taught by Luo in the invention of Zhang and Pham in order to provide fine granularity motion vectors as suggested by Luo (Luo par. 103).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20220014778 A1 Galpin; Franck et al.
US 20210058619 A1 LEE; Bae Keun
US 20190052886 A1 Chiang; Man-Shu et al.
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 JEREMIAH CHARLES HALLENBECK-HUBER whose telephone number is (571)272-5248. The examiner can normally be reached Monday to Friday from 9 A.M. to 5 P.M.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Vaughn can be reached at (571)272-3922. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEREMIAH C HALLENBECK-HUBER/ Primary Examiner, Art Unit 2481
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