DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
2. 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.
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Claims 1 and 6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 3 of U.S. Patent No. 12,125,252 B2.
Claims 2 and 8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 of U.S. Patent No. 12,125,252 B2.
Claim 3 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 7 of U.S. Patent No. 12,125,252 B2.
Claim 4 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 8 of U.S. Patent No. 12,125,252 B2.
Claim 5 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2 of U.S. Patent No. 12,125,252 B2.
Claim 7 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 5 of U.S. Patent No. 12,125,252 B2.
Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of this application is encompassed with the patented claim.
Application 18/891,598
U.S. patent 12,125,252 B2
Claim 1: A data encoding method, comprising:
obtaining third point cloud frame data to be coded, the third point cloud frame data including data of each of third three-dimensional points, the third three-dimensional points comprising third point cloud frame, the data of each of the third three-dimensional points including identification information, the identification information indicating how the third three- dimensional points are partitioned into a first point cloud frame or a second point cloud frame; and
generating encoded data by encoding the third point cloud frame data; and
generating a bitstream including the encoded data, the encoded data including geometry information and attribute information,
wherein in the encoding, the identification information of each of the third three-dimensional points is encoded as the attribute information,
wherein identification information indicating the first point cloud frame is assigned to a third three-dimensional point to be partitioned into the first point cloud frame, and
identification information indicating the second point cloud frame is assigned to a third three-dimensional point to be partitioned into the second point cloud frame.
6. The data encoding method according to claim 1, wherein the data of each of the third three-dimensional points includes the geometry information.
1. A data encoding method,
comprising:
obtaining third point cloud frame data
to be coded, the third point cloud
frame data including data of each of
third three-dimensional points, the
third three-dimensional points
comprising a third point cloud frame,
the data of each of the third three-
dimensional points including
identification information, the
identification information indicating
how the third three-dimensional
points are partitioned into a first point
cloud frame or a second point cloud
frame;
generating encoded data by
encoding the third point cloud frame
data; and
generating a bitstream including the
encoded data, wherein in the
encoding, the identification information
of each of the third three-dimensional
points is encoded as attribute
information, wherein identification
information indicating the first point
cloud frame is assigned to a third
three-dimensional point to be
partitioned into the first point cloud
frame, and identification information
indicating the second point cloud
frame is assigned to a third three-
dimensional point to be partitioned
into the second point cloud frame.
3. The data encoding method
according to claim 1, wherein the data
of each of the third three-dimensional
points includes geometry information.
2. A data decoding method, comprising:
obtaining a bitstream including encoded data, the encoded data including geometry information and attribute information; and
obtaining the attribute information of each of third three- dimensional points included in third point cloud frame data by decoding the encoded data included in the bitstream,
wherein the attribute information includes identification information, the identification information indicating how the third three- dimensional points are partitioned into a first point cloud frame or a second point cloud frame,
wherein identification information indicating the first point cloud frame is assigned to a third three-dimensional point to be partitioned into the first point cloud frame, and
identification information indicating the second point cloud frame is assigned to a third three-dimensional point to be partitioned into the second point cloud frame.
8. The data decoding method according to claim 2, wherein the data of each of the third three-dimensional points includes the geometry information.
4. A data decoding method,
comprising: obtaining a bitstream
including encoded data; and obtaining
attribute information of each of third
three-dimensional points included in
third point cloud frame data by
decoding the encoded data included
in the bitstream, wherein the attribute
information includes identification
information, the identification
information indicating how the third
three-dimensional points are
partitioned into a first point cloud
frame or a second point cloud frame,
wherein identification information
indicating the first point cloud frame is
assigned to a third three-dimensional
point to be partitioned into the first
point cloud frame, and identification
information indicating the second point
cloud frame is assigned to a third
three-dimensional point to be
partitioned into the second point cloud
frame.
6. The data decoding method
according to claim 4, wherein the data
of each of the third three-dimensional
points includes geometry information.
Claim 3: A data encoding device, comprising: a processor; and memory, wherein using the memory, the processor:
generates third point cloud frame data to be coded, the third point cloud frame data comprising third three-dimensional points, and identification information that indicates how the third point cloud frame data is partitioned into a first point cloud frame or a second point cloud frame; and
encodes the third point cloud frame data and the identification information, the identification information being encoded as attribute information assigned to each of the third three-dimensional points; and
generates a bitstream including the encoded third point cloud frame data, geometry information, and the attribute information,
wherein identification information indicating the first point cloud frame is assigned to a third three-dimensional point to be partitioned into the first point cloud frame, and
identification information indicating the second point cloud frame is assigned to a third three-dimensional point to be partitioned into the second point cloud frame.
7. A data encoding device,
comprising: a processor; and memory,
wherein using the memory, the
processor: obtains third point cloud
frame data to be coded, the third point
cloud frame data including data of
each of third three-dimensional points,
the third three-dimensional points
comprising a third point cloud frame,
the data of each of the third three-
dimensional points including
identification information, the
identification information indicating
how the third three-dimensional points
are partitioned into a first point cloud
frame or a second point cloud frame;
generates encoded data by encoding
the third point cloud frame data; and
generates a bitstream including the
encoded data, wherein in the
encoding, the identification information
of each of the third three-dimensional
points is encoded as attribute
information, wherein identification
information indicating the first point
cloud frame is assigned to a third
three-dimensional point to be
partitioned into the first point cloud
frame, and identification information
indicating the second point cloud
frame is assigned to a third three-
dimensional point to be partitioned
into the second point cloud frame.
Regarding claim 4: A data decoding device, comprising:
a processor; and memory, wherein using the memory, the processor:
obtains a bitstream including encoded third point cloud frame data, geometry information, and attribute information; and
obtains third point cloud frame data and identification information by decoding the bitstream, the third point cloud frame data comprising third three-dimensional points, and the identification information indicating how the third point cloud frame data is partitioned into a first point cloud frame or a second point cloud frame,
wherein identification information indicating the first point cloud frame is assigned to a third three-dimensional point to be partitioned into the first point cloud frame, and
identification information indicating the second point cloud frame is assigned to a third three-dimensional point to be partitioned into the second point cloud frame.
8. A data decoding device, comprising: a processor; and memory, wherein using the memory, the processor: obtains a bitstream including encoded data; and obtains attribute information of each of third three-dimensional points included in third point cloud frame data by decoding the encoded data included in the bitstream, wherein the attribute information includes identification information, the identification information indicating how the third three-dimensional points are partitioned into a first point cloud frame or a second point cloud frame, wherein identification information indicating the first point cloud frame is assigned to a third three-dimensional point to be partitioned into the first point cloud frame, and identification information indicating the second point cloud frame is assigned to a third three-dimensional point to be partitioned into the second point cloud frame.
5. The data encoding method according to claim 1, wherein the first point cloud frame and the second point cloud frame are temporally different from each other.
2. The data encoding method
according to claim 1, wherein the first
point cloud frame and the second
point cloud frame are temporally
different from each other.
7. The data decoding method according to claim 2, wherein the first point cloud frame and the second point cloud frame are temporally different from each other.
5. The data decoding method
according to claim 4, wherein the first
point cloud frame and the second
point cloud frame are temporally
different from each other.
Regarding claims 1-8: There is no prior art rejection made since no prior art was found on the claimed subject matter but are still rejected under double patenting.
Contact Information
3. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANAND BHATNAGAR whose telephone number is (571)272-7416. The examiner can normally be reached on M-F 7:30am-4:00pm.
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/ANAND P BHATNAGAR/
Primary Examiner, Art Unit 2668
June 27, 2026
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