DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c) is acknowledged.
Oath/Declaration
Oath/Declaration as filed on December 12, 2024 is noted by the Examiner.
Claim Objections
Claim 1 is objected to because of the following informalities:
In particular, claim 1 recites limitation “at least one triangle” in thirteenth line of the claim is indefinite, because it is unclear whether the limitations are referring to at least one of the triangles recited in ninth line of the claim, or an at least one triangle different from the triangles recited in the ninth line of the claim. Accordingly, any claims dependent on claim 1 are objected to based on same above reasoning.
In particular, the limitation “a sampling distance” in fourteenth line of the claim renders the claim indefinite, because the meaning of the coined terms “a sampling distance” recited in fourteenth line of the claim is not apparent in light of the specification. See MPEP § 2173.05(a). Examiner recommends applicant amend the claim, without adding new matter, to positively recite in definite terms more clearly what “a sampling distance” actually is. Accordingly, any claims dependent on claim 1 are objected to based on same above reasoning.
Claim 2 is objected to because of the following informalities:
In particular, claim 2 recites limitation “at least one triangle” in eighteenth line of the claim is indefinite, because it is unclear whether the limitations are referring to at least one of the triangles recited in fourteenth line of the claim, or an at least one triangle different from the triangles recited in the fourteenth line of the claim. Accordingly, any claims dependent on claim 2 are objected to based on same above reasoning.
In particular, the limitation “a sampling distance” in nineteenth line of the claim renders the claim indefinite, because the meaning of the coined terms “a sampling distance” recited in nineteenth line of the claim is not apparent in light of the specification. See MPEP § 2173.05(a). Examiner recommends applicant amend the claim, without adding new matter, to positively recite in definite terms more clearly what “a sampling distance” actually is. Accordingly, any claims dependent on claim 2 are objected to based on same above reasoning.
Claim 7 is objected to because of the following informalities:
Claim 7 is missing a comma(s) between variable recited in ninth and eleventh lines of the claim. The Examiner suggests inserting a comma(s) as appropriate to clarify the claim.
Appropriate correction is required.
Claims 15-16 are objected to because of the following informalities:
In addition, claims 15-16 depend on a method claim, and each claim device (i.e., apparatus) to perform the method. A single claim which claims both a method and an apparatus to perform the method is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph (See MPEP § 2173.05(p)). Therefore, Examiner suggests the limitations of the claims including preamble should be amended, without adding new matter, in a manner that resolves the indefiniteness.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 7 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. In particular, claim 7 recites limitations “the convex hull requirement” and “the barycentric coordinate” in fifth and sixth lines of the claim, but the limitations are unclear at least because there is insufficient antecedent basis for the above limitations in the claim given that the claim uses terms “the convex hull requirement” and “the barycentric coordinate” for a first time without previously reciting the terms in the claim 7 or in a claim from which the claim 7 depends, which even further creates lack of clarity in regard to exactly what convex hull requirement and barycentric coordinate are being referred to. Therefore, Examiner suggests the limitations should be amended, without adding new matter, in a manner that resolves the antecedent basis issues.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1, 4-5, 7, 10-11, 16, and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4-10, 11, 13, and 15 of U.S. Patent No. 12,586,257. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of the independent claims, mentioned above, are substantially the same.
The following is an example for comparing claim 1 of this application and respective claim 1 of U.S. Patent No. 12,586,257:
Instant Application
U.S. Patent No.
12,586,257
Claim 1
Claim 1
A method for decoding, from a bitstream, the geometry of a 3D point cloud, performed by a decoder, the method comprising:
A method for decoding, from a bitstream, geometry of a three-dimensional (3D) point cloud, implemented in a decoder, comprising:
receiving and decoding the bitstream, wherein the bitstream contains comprises octree information including information about octree structure of a volume of the 3D point cloud and vertex information including information about vertex presence and position of a vertex on edges of cuboids of leaf nodes of the octree structure;
receiving and decoding the bitstream, wherein the bitstream contains octree information comprising information about an octree structure of a volume of the point cloud and vertex information comprising information about vertex presence and position of a vertex on edges of cuboids of leaf nodes of the octree structure;
determining triangles by connecting respective vertices of one cuboid relating to a leaf node of the octree structure; and
determining triangles by connecting vertices of one cuboid relating to a leaf node of the octree structure; and
performing a voxelization of the triangles to determine points of the 3D point cloud, wherein at least one triangle is extended along at least one side for voxelization based on a sampling distance dsampl of the 3D point cloud.
voxelization of the triangles to determine points of the point cloud, and wherein at least one triangle of the triangles is extended along at least one side for voxelization, and an extension is provided by a halo parameter and the extension is set in advance.
Independent claim 1 of the instant application teaches “A method for decoding, from a bitstream, the geometry of a 3D point cloud, performed by a decoder, the method comprising: receiving and decoding the bitstream, wherein the bitstream contains comprises octree information including information about octree structure of the a volume of the 3D point cloud and vertex information including information about vertex presence and position of a vertex on edges of cuboids of leaf nodes of the octree structure; determining triangles by connecting respective vertices of one cuboid relating to a leaf node of the octree structure; and performing a voxelization of the triangles to determine points of the 3D point cloud, wherein at least one triangle is extended along at least one side for voxelization based on a sampling distance dsampl of the 3D point cloud.” However, it would have been obvious to one of ordinary skill in the art to remove the further limitation(s) “of the triangles; and an extension is provided by a halo parameter and the extension is set in advance”, at least since omitting the further limitation(s) does not prevent the method from functioning properly, and the claim is in “comprising” format indicating other elements could be added. Moreover, dependent claims 4-5, 7, 10-11, 16, and 18 are rejected based at least on same above reasoning.
Claims 2, 3, 15, and 19-25 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2, 4-6, and 12 of U.S. Patent No. 12,586,257. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of the independent claims, mentioned above, are substantially the same.
The following is an example for comparing claim 2 of this application and respective claim 2 of U.S. Patent No. 12,586,257:
Instant Application
U.S. Patent No.
12,586,257
Claim 2
Claim 2
A method for encoding a 3D point cloud into a bitstream, performed by an encoder, including the method comprising:
A method for encoding a three-dimensional (3D) point cloud into a bitstream, implemented in an encoder, comprising:
obtaining octree information including an octree structure of a volume including a plurality of cuboids;
obtaining octree information comprising an octree structure of a volume comprising a plurality of cuboids;
obtaining vertex information from surfaces of the 3D point cloud for each cuboid relating to a leaf node, wherein the vertex information includes information about vertex presence and position of a vertex on edges of the cuboid; encoding the octree information and the vertex information into the bitstream; reconstructing the 3D point cloud geometry data by using octree information and vertex information obtained in a preceding encoding process, wherein reconstructing the 3D point cloud data includes: determining triangles by connecting respective vertices of one cuboid relating to a leaf node of the octree structure; and
obtaining vertex information from surfaces of the point cloud for each cuboid relating to a leaf node of the plurality of cuboids, wherein the vertex information comprises information about vertex presence and position of a vertex on edges of the cuboid; encoding the octree information and the vertex information into a bitstream; reconstructing point cloud geometry data by using octree information and vertex information obtained in a preceding encoding process, wherein reconstructing the point cloud geometry data comprises: determining triangles by connecting vertices of one cuboid relating to a leaf node of the octree structure; and
performing a voxelization of the triangles to determine points of the 3D point cloud; wherein at least one triangle is extended along at least one side for voxelization based on a sampling distance dsampl of the 3D point cloud.
voxelization of the triangles to determine points of the point cloud, and wherein at least one triangle of the triangles is extended along at least one side for voxelization, and an extension is provided by a halo parameter and the extension is set in advance.
Independent claim 2 of the instant application teaches “A method for encoding a 3D point cloud into a bitstream, performed by an encoder, including the method comprising: obtaining octree information including an octree structure of a volume including a plurality of cuboids; obtaining vertex information from surfaces of the 3D point cloud for each cuboid relating to a leaf node, wherein the vertex information includes information about vertex presence and position of a vertex on edges of the cuboid; encoding the octree information and the vertex information into the bitstream; reconstructing the 3D point cloud geometry data by using octree information and vertex information obtained in a preceding encoding process, wherein reconstructing the 3D point cloud data includes: determining triangles by connecting respective vertices of one cuboid relating to a leaf node of the octree structure; and performing a voxelization of the triangles to determine points of the 3D point cloud; wherein at least one triangle is extended along at least one side for voxelization based on a sampling distance dsampl of the 3D point cloud.” However, it would have been obvious to one of ordinary skill in the art to remove the further limitation(s) “of the triangles; and an extension is provided by a halo parameter and the extension is set in advance”, at least since omitting the further limitation(s) does not prevent the method from functioning properly, and the claim is in “comprising” format indicating other elements could be added. Moreover, dependent claims 3, 15, and 19-25 are rejected based at least on same above reasoning.
Claims 1, 5, 7, 10-11, 13-14, 16, and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, 7-8, 10, 13-14, 17, and 19 of copending Application No. 19,120,508. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of the independent claims, mentioned above, are substantially the same.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. The following is an example for comparing claim 1 of this application and respective claim 1 of copending Application No. 19,120,508:
Instant Application
Co-pending Application No.
19,120,508
Claim 1
Claim 1
A method for decoding, from a bitstream, the geometry of a 3D point cloud, performed by a decoder, the method comprising:
A method for decoding a 3- dimensional (3D) point cloud from a bitstream. performed by a decoder, comprising:
receiving and decoding the bitstream, wherein the bitstream contains comprises octree information including information about octree structure of a volume of the 3D point cloud and vertex information including information about vertex presence and position of a vertex on edges of cuboids of leaf nodes of the octree structure;
receiving and decoding the bitstream, wherein the bitstream contains octree information including information about an octree structure of a volume of the point cloud and vertex information including information about vertex presence and a position of a vertex on edges of cuboids of leaf nodes of the octree structure;
determining triangles by connecting respective vertices of one cuboid relating to a leaf node of the octree structure; and
determining triangles by connecting vertices of one cuboid relating to a leaf node of the octree structure;
performing a voxelization of the triangles to determine points of the 3D point cloud, wherein at least one triangle is extended along at least one side for voxelization based on a sampling distance dsampl of the 3D point cloud.
determining points of the point cloud by voxelization of the triangles; determining whether additional information contained in the bitstream meets a pre-defined condition, wherein the additional information is determined based on a dense degree of the point cloud, and the dense degree is evaluated by a sampling distance of the point cloud; and when the pre-defined condition is met, extending at least one triangle along at least one side for voxelization based on the sampling distance.
Independent claim 1 of the instant application teaches “A method for decoding, from a bitstream, the geometry of a 3D point cloud, performed by a decoder, the method comprising: receiving and decoding the bitstream, wherein the bitstream contains comprises octree information including information about octree structure of the a volume of the 3D point cloud and vertex information including information about vertex presence and position of a vertex on edges of cuboids of leaf nodes of the octree structure; determining triangles by connecting respective vertices of one cuboid relating to a leaf node of the octree structure; and performing a voxelization of the triangles to determine points of the 3D point cloud, wherein at least one triangle is extended along at least one side for voxelization based on a sampling distance dsampl of the 3D point cloud.” However, it would have been obvious to one of ordinary skill in the art to remove the further limitation(s) “determining whether additional information contained in the bitstream meets a pre-defined condition, wherein the additional information is determined based on a dense degree of the point cloud, and the dense degree is evaluated by; and when the pre-defined condition is met”, at least since omitting the further limitation(s) does not prevent the method from functioning properly, and the claim is in “comprising” format indicating other elements could be added. Moreover, dependent claims 5, 7, 10-11, 13-14, 16, and 18 are rejected based at least on same above reasoning.
Claims 2, 3-5, 7, 10-11, and 13-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 20, 21-25, 26-27, and 29 of copending Application No. 19,120,508. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of the independent claims, mentioned above, are substantially the same.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. The following is an example for comparing claim 2 of this application and respective claim 20 of copending Application No. 19,120,508:
Instant Application
Co-pending Application No.
19,120,508
Claim 2
Claim 20
A method for encoding a 3D point cloud into a bitstream, performed by an encoder, including the method comprising:
A method for encoding a 3-dimensional (3D) point cloud into a bitstream, performed by an encoder, comprising:
obtaining octree information including an octree structure of a volume including a plurality of cuboids;
obtaining octree information including an octree structure of a volume including a plurality of cuboids;
obtaining vertex information from surfaces of the 3D point cloud for each cuboid relating to a leaf node, wherein the vertex information includes information about vertex presence and position of a vertex on edges of the cuboid; encoding the octree information and the vertex information into the bitstream; reconstructing the 3D point cloud geometry data by using octree information and vertex information obtained in a preceding encoding process, wherein reconstructing the 3D point cloud data includes: determining triangles by connecting respective vertices of one cuboid relating to a leaf node of the octree structure; and
obtaining vertex information from surfaces of the point cloud for each cuboid relating to a leaf node, wherein the vertex information includes information about vertex presence and a position of a vertex on edges of the cuboid; encoding the octree information and the vertex information into the bitstream; reconstructing point cloud geometry data by using the octree information and the vertex information, wherein reconstructing the point cloud geometry data includes: determining triangles by connecting the vertices of one cuboid relating to a leaf node of the octree structure;
performing a voxelization of the triangles to determine points of the 3D point cloud; wherein at least one triangle is extended along at least one side for voxelization based on a sampling distance dsampl of the 3D point cloud.
determining points of the point cloud by voxelization of the triangles; determining additional information based on a sampling distance of the point cloud; encoding the additional information into the bitstream; determining whether the additional information meets a pre-defined condition; and when the pre-defined condition is met, extending at least one triangle along at least one side for voxelization based on the sampling distance.
Independent claim 2 of the instant application teaches “A method for encoding a 3D point cloud into a bitstream, performed by an encoder, including the method comprising: obtaining octree information including an octree structure of a volume including a plurality of cuboids; obtaining vertex information from surfaces of the 3D point cloud for each cuboid relating to a leaf node, wherein the vertex information includes information about vertex presence and position of a vertex on edges of the cuboid; encoding the octree information and the vertex information into the bitstream; reconstructing the 3D point cloud geometry data by using octree information and vertex information obtained in a preceding encoding process, wherein reconstructing the 3D point cloud data includes: determining triangles by connecting respective vertices of one cuboid relating to a leaf node of the octree structure; and performing a voxelization of the triangles to determine points of the 3D point cloud; wherein at least one triangle is extended along at least one side for voxelization based on a sampling distance dsampl of the 3D point cloud.” However, it would have been obvious to one of ordinary skill in the art to remove the further limitation(s) “determining additional information based on; encoding the additional information into the bitstream; determining whether the additional information meets a pre-defined condition; and when the pre-defined condition is met”, at least since omitting the further limitation(s) does not prevent the method from functioning properly, and the claim is in “comprising” format indicating other elements could be added. Moreover, dependent claims 3-5, 7, 10-11, and 13-15 are rejected based at least on same above reasoning.
Potentially Allowable Subject Matter
Claims 1 and 2 would be allowable if rewritten to overcome applicable double patenting rejection(s), and objection(s) indicated above, because for claims 1 and 2 the prior art references of record do not teach the combination of all element limitations as presently claimed. In addition, claims 3-7, 10-11, 13-16, and 18-25 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten to overcome applicable rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, double patenting rejection(s), and objection(s) indicated above, if any, because for each of claims 3-7, 10-11, 13-16, and 18-25 at least in light of their dependency on their respective independent claim, the prior art references of record do not teach the combination of all element limitations as presently claimed.
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure and include the following:
Waechter et al., U.S. Patent Application Publication 2009/0167763 A1 (hereinafter Waechter) teaches methods, systems, devices, and computer software for enabling quasi-Monte Carlo (QMC) light transport simulation by efficient ray tracing.
Lasserre et al., U.S. Patent Application Publication 2021/0166435 A1 (hereinafter Lasserre I) teaches octree-based encoding/decoding of point cloud.
Lasserre et al., U.S. Patent Application Publication 2024/0005565 A1 (hereinafter Lasserre II) teaches methods and devices for binary entropy coding of point clouds.
Chaofei Wang et al., "Point-Voting based Point Cloud Geometry Compression", 2021 IEEE 23rd INTERNATIONAL WORKSHOP ON MULTIMEDIA SIGNAL PROCESSING (MMSP), October 6, 2021 (hereinafter Wang) teaches optimizing local surface representations via a point-voting based method to enhance performance of a geometry-based point cloud compression model.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDUL-SAMAD A ADEDIRAN whose telephone number is (571)272-3128. The examiner can normally be reached on Monday through Thursday, 8:00 am to 5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amr Awad can be reached on 571-272-7764. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABDUL-SAMAD A ADEDIRAN/Primary Examiner, Art Unit 2621
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