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 .
Claim Interpretation
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.
Claim 14 is directed to one or more non-transitory computer-readable medium having stored thereon data defining an image, wherein the data has been encoded according to the method of claim 1. The stored data 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 data 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.
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.
Claims 20 and 21 are 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 20 and 21 are dependent upon claim 11, which has been canceled. Therefore, claims 20 and 21 fail to particularly point out and distinctly claim the Applicant’s invention. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 14 is rejected under 35 U.S.C. 102(a)1) as being anticipated by Tu et al. (US 20060133682 A1).
Re claim 14, Tu discloses that output device(s) (1560) may be a display, printer, speaker, CD-writer, or another device that provides output from the computing environment (1500) (Tu: paragraph [0092]).
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) 1-3, 5-7, 12-13, 15, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Misra et al. (US 20120281753 A1) in view of Tu et al. (US 20060133682 A1).
Re claim 1, Misra discloses a method for encoding data defining an image, the method comprising the steps of:
- applying a pre-filter, the pre-filter being applied to a group of pixels, and the group of pixels spanning a boundary between two image blocks (Misra: Fig. 2, pre-filter 205;
- applying a frequency-based transform to each of the image blocks, thereby providing transformed image data in which the image data is represented as coefficients defining a linear combination of predetermined basis functions having different spatial frequencies (Misra: Fig. 2, transformer (T) 215);
- quantising the coefficients (Misra: Fig. 2, quantizer (Q) 220); and
- converting the quantised coefficients into binary code (Misra: Fig. 2, entropy coding 225)
wherein the pre-filter is determined at least in part by an adaptation process based on a set of selected images (Misra: paragraph [0033], present principles are directed to methods and apparatus for adaptive coupled pre-processing and post-processing filters for video encoding and decoding; Fig. 7; paragraphs [0064]-[0065]).
Misra does not specifically disclose segmenting the image into image blocks, the image blocks having a uniform block size. However, Tu discloses a typical block transform-based codec 100 shown in FIG. 1 divides the uncompressed digital image's pixels into fixed-size two dimensional blocks (X.sub.1, . . . X.sub.n), each block possibly overlapping with other blocks (Tu: paragraph [0010]).
Since Misra and Tu relate to block boundary pre-filtering, one of ordinary skill in the art at the time of filing would have found it obvious to combine the spatial domain realization of the lapped transform in Tu with the system of Misra in order to retrofit an existing block transform-based codec with a pre- and post-processing stage to derive the benefits of the lapped transform, i.e., reduced block effect and better compression, using an existing codec framework (Tu: paragraph [0023]).
Re claim 2, Misra discloses that the selected images are representative of a type of images to be encoded (Misra: paragraph [0089], referring to FIGS. 4 and 5, it can be seen that the pre-processing filter and post-processing filters adapt their behavior according to several inputs including encoder settings, prediction mode, transform type/size and the input data).
Re claim 3, Misra does not specifically disclose that the method is for encoding images obtained in a predetermined wavelength range, and the selected images are captured in the predetermined wavelength range.
However, Tu discloses uncompressed digital image and video is typically represented or captured as samples of picture elements or colors at locations in an image or video frame arranged in a two-dimensional (2D) grid (Tu: paragraph [0008]). For example, a typical format for images consists of a stream of 24-bit color picture element samples arranged as a grid (Tu: paragraph [0008]). Each sample is a number representing color components at a pixel location in the grid within a color space, such as RGB, or YIQ, among others (Tu: paragraph [0008]).
Since Misra and Tu relate to block boundary pre-filtering, one of ordinary skill in the art at the time of filing would have found it obvious to combine the spatial domain realization of the lapped transform in Tu with the system of Misra in order to retrofit an existing block transform-based codec with a pre- and post-processing stage to derive the benefits of the lapped transform, i.e., reduced block effect and better compression, using an existing codec framework (Tu: paragraph [0023]).
Re claim 5, Misra does not specifically disclose that the method is for encoding images to be communicated via a transmission channel, and wherein the adaptation process adapts the pre-filter so as to reduce a number of errors detectable when communicating the selected images via the transmission channel.
However, Tu discloses communication connection(s) (1570) enable communication over a communication medium to another computing entity (Tu: paragraph [0093]). The communication medium conveys information such as computer-executable instructions, compressed audio or video information, or other data in a modulated data signal (Tu: paragraph [0093]). A modulated data signal is a signal that has one or more of its characteristics set or changed in such a manner as to encode information in the signal (Tu: paragraph [0093]). By way of example, and not limitation, communication media include wired or wireless techniques implemented with an electrical, optical, RF, infrared, acoustic, or other carrier (Tu: paragraph [0093]).
Since Misra and Tu relate to block boundary pre-filtering, one of ordinary skill in the art at the time of filing would have found it obvious to combine the spatial domain realization of the lapped transform in Tu with the system of Misra in order to retrofit an existing block transform-based codec with a pre- and post-processing stage to derive the benefits of the lapped transform, i.e., reduced block effect and better compression, using an existing codec framework (Tu: paragraph [0023]).
Re claim 6, Misra does not specifically disclose that the transmission channel is a wireless transmission channel.
However, Tu discloses communication connection(s) (1570) enable communication over a communication medium to another computing entity (Tu: paragraph [0093]). The communication medium conveys information such as computer-executable instructions, compressed audio or video information, or other data in a modulated data signal (Tu: paragraph [0093]). A modulated data signal is a signal that has one or more of its characteristics set or changed in such a manner as to encode information in the signal (Tu: paragraph [0093]). By way of example, and not limitation, communication media include wired or wireless techniques implemented with an electrical, optical, RF, infrared, acoustic, or other carrier (Tu: paragraph [0093]).
Since Misra and Tu relate to block boundary pre-filtering, one of ordinary skill in the art at the time of filing would have found it obvious to combine the spatial domain realization of the lapped transform in Tu with the system of Misra in order to retrofit an existing block transform-based codec with a pre- and post-processing stage to derive the benefits of the lapped transform, i.e., reduced block effect and better compression, using an existing codec framework (Tu: paragraph [0023]).
Re claim 7, Misra discloses that the group of pixels is the same size as an image block (Misra: paragraph [0132]).
Re claim 12, Misra discloses a method of decoding a bit stream to reconstruct an image, the method comprising the steps of:
(a) converting the bit stream into blocks of data comprising coefficients (Misra: Fig. 3, entropy coding 310);
(b) applying an inverse frequency based transform to the blocks of data to reconstruct image blocks (Misra: Fig. 3, inverse quantizer (IQ) 315);
(c) applying a post-filter, the post-filter being applied to a group of pixels, and the group of pixels spanning a boundary between two image blocks (Misra: Fig. 3, post-filter 330); and
(d) combining the image blocks to reconstruct each image portion (Misra: Fig. 3, combiner 325);
wherein the post-filter is determined at least in part by an adaptation process based on a set of selected images (Misra: paragraph [0033], present principles are directed to methods and apparatus for adaptive coupled pre-processing and post-processing filters for video encoding and decoding; Fig. 7; paragraphs [0064]-[0065]).
Misra does not specifically disclose that the coefficients define a linear combination of predetermined basis functions having differing spatial frequencies. However, Tu discloses a typical block transform-based codec 100 shown in FIG. 1 divides the uncompressed digital image's pixels into fixed-size two dimensional blocks (X.sub.1, . . . X.sub.n), each block possibly overlapping with other blocks (Tu: paragraph [0010]). A linear transform 120-121 that does spatial-frequency analysis is applied to each block, which converts the spaced samples within the block to a set of frequency (or transform) coefficients generally representing the strength of the digital signal in corresponding frequency bands over the block interval (Tu: paragraph [0010]).
Since Misra and Tu relate to block boundary pre-filtering, one of ordinary skill in the art at the time of filing would have found it obvious to combine the spatial domain realization of the lapped transform in Tu with the system of Misra in order to retrofit an existing block transform-based codec with a pre- and post-processing stage to derive the benefits of the lapped transform, i.e., reduced block effect and better compression, using an existing codec framework (Tu: paragraph [0023]).
Claim 13 recites a method of encoding a series of image frames including at least a current frame and a preceding frame, each of the frames being encoded according to the method of claim 1. Therefore, arguments analogous to those presented for claim 1 are applicable to claim 13. Accordingly, claim 13 has been analyzed and rejected with respect to claim 1 above.
Re claim 15, Misra discloses, at the processor, encoding the image according to the method of claim 1 to generate an encoded image (see claim 1).
Misra does not specifically disclose a method for a user terminal to obtain an image from a remote platform, the remote platform comprising an image sensor, a processor, and a dedicated transmission apparatus, and the method comprising the steps of:
- capturing the image using the image sensor;
- transmitting the encoded image to the user terminal; and
- decoding the encoding image at the user terminal.
However, Tu discloses uncompressed digital image and video is typically represented or captured as samples of picture elements or colors at locations in an image or video frame arranged in a two-dimensional (2D) grid (Tu: paragraph [0010]). Tu discloses communication connection(s) (1570) enable communication over a communication medium to another computing entity (Tu: paragraph [0093]). The communication medium conveys information such as computer-executable instructions, compressed audio or video information, or other data in a modulated data signal (Tu: paragraph [0093]). A modulated data signal is a signal that has one or more of its characteristics set or changed in such a manner as to encode information in the signal (Tu: paragraph [0093]). By way of example, and not limitation, communication media include wired or wireless techniques implemented with an electrical, optical, RF, infrared, acoustic, or other carrier (Tu: paragraph [0093]). At decoding, the transform coefficients will inversely transform 170-171 to nearly reconstruct the original color/spatial sampled image/video signal (Tu: paragraph [0010]).
Since Misra and Tu relate to block boundary pre-filtering, one of ordinary skill in the art at the time of filing would have found it obvious to combine the spatial domain realization of the lapped transform in Tu with the system of Misra in order to retrofit an existing block transform-based codec with a pre- and post-processing stage to derive the benefits of the lapped transform, i.e., reduced block effect and better compression, using an existing codec framework (Tu: paragraph [0023]).
Claim 18 recites the corresponding one or more non-transitory computer- readable medium comprising instructions which, when the instructions are executed by a computer, cause the computer to carry out the method of claim 1. Therefore, arguments analogous to those presented for claim 1 are applicable to claim 18. Additionally, Misra discloses the machine is implemented on a computer platform having hardware such as one or more central processing units ("CPU"), a random access memory ("RAM"), and input/output ("I/O") interfaces (Misra: paragraph [0138]). The computer platform may also include an operating system and microinstruction code (Misra: paragraph [0138]). The various processes and functions described herein may be either part of the microinstruction code or part of the application program, or any combination thereof, which may be executed by a CPU (Misra: paragraph [0138]). Accordingly, claim 18 has been analyzed and rejected with respect to claim 1 above.
Claim 19 recites the corresponding processor configured to perform the method of claim 1. Therefore, arguments analogous to those presented for claim 1 are applicable to claim 19. Additionally, Misra discloses the machine is implemented on a computer platform having hardware such as one or more central processing units ("CPU"), a random access memory ("RAM"), and input/output ("I/O") interfaces (Misra: paragraph [0138]). The computer platform may also include an operating system and microinstruction code (Misra: paragraph [0138]). The various processes and functions described herein may be either part of the microinstruction code or part of the application program, or any combination thereof, which may be executed by a CPU (Misra: paragraph [0138]). Accordingly, claim 19 has been analyzed and rejected with respect to claim 1 above.
Claim(s) 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Misra et al. (US 20120281753 A1) in view of Tu et al. (US 20060133682 A1), and further in view of Xu et al. (US 10,855,939 B1).
Re claim 16, neither Misra nor Tu specifically discloses that the remote platform is an unmanned air system. However, Xu discloses an image sensor system, wherein the sensing system may utilize an image feature edge or boundary detecting filter block (Xu: column 5, lines 52-55). Example applications include autonomous vehicles, fast robots, and unmanned aerial vehicles (Xu: column 8, lines 5-9). Since Misra, Tu, and Xu relate to image systems using filtering operations, one of ordinary skill in the art before the effective filing date would have found it obvious to combine the applications of Xu with the system of Misra and Tu in order to increase the high frame rate capability of stacked image sensors to improve real time image processing when certain novel circuit elements are employed along with edge recognition filters that may be optimized by on-chip programmability (Xu: column 4, lines 14-20).
Re claim 17, neither Misra nor Tu specifically discloses that the remote platform is a missile. However, Xu discloses an image sensor system, wherein the sensing system may utilize an image feature edge or boundary detecting filter block (Xu: column 5, lines 52-55). Example applications include autonomous vehicles, fast robots, and unmanned aerial vehicles (Xu: column 8, lines 5-9). Since Misra, Tu, and Xu relate to image systems using filtering operations, one of ordinary skill in the art before the effective filing date would have found it obvious to combine the applications of Xu with the system of Misra and Tu in order to increase the high frame rate capability of stacked image sensors to improve real time image processing when certain novel circuit elements are employed along with edge recognition filters that may be optimized by on-chip programmability (Xu: column 4, lines 14-20).
Allowable Subject Matter
Claims 4 and 8-10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER G FINDLEY whose telephone number is (571)270-1199. The examiner can normally be reached Monday-Friday 9AM-5PM.
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, Chris Kelley can be reached at (571)272-7331. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CHRISTOPHER G FINDLEY/Primary Examiner, Art Unit 2482