DETAILED ACTION
Claims 1,2,3,4,5,6 and 7,8,9,10,11,12,13,14 and 15 and 16 rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim(s) 1,2,3,4,5,6 and 7,8,9,10,11,12,13,14 and 15 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated1 by CHUPEAU et al. (WO 2020/185529 A1).
Claim(s) 1,2,3,4,5,6 and 7,8,9,10,11,12,13,14 and 15 and 16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated2 by CHUPEAU et al. (WO 2020/185529 A1).
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1,2,3,4,5,6 and 7,8,9,10,11,12,13,14 and 15 and 16 rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
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Step zero: establish broadest reasonable interpretation, as shown in footnotes throughout this Office action;
Step 1: Claim 1 a process; claim 7 a process; claim 15 a machine; claim 16 machine;
Step 2A, prong 1:
The claim(s) recite(s) an abstract idea (mental process):
Claim 1 representative:
generating connectivity information:
1. A three-dimensional data encoding method comprising:
encoding3 three-dimensional points each located in any one of a plurality of regions, on a per region basis, to generate encoded three-dimensional points;
generating4 connectivity information5 generated based on a relationship between a first region among the plurality of regions and second regions aside from the first region among the plurality of regions, the connectivity information including
generating a bitstream including the connectivity information generated and the encoded three-dimensional points,
wherein the connectivity information is included in the bitstream as supplemental enhancement information (SEI) which is metadata of the encoded three-dimensional points.
7. A three-dimensional data decoding method comprising:
obtaining a bitstream including encoded three-dimensional points each located in any one of a plurality of regions and encoded on a per region basis;
obtaining connectivity information generated based on a relationship between a first region among the plurality of regions and second regions aside from the first region among the plurality of regions, the connectivity information including 6 7 relation information indicating that the first region and one of the second regions are related8; and
selectively decoding the encoded three-dimensional points on a per region basis, based on the connectivity information obtained,
wherein the connectivity information is included in the bitstream as supplemental enhancement information (SEI) which is metadata of the encoded three-dimensional points.
Claim 15 is rejected like claims 1 and 7:
Re 15., CHUPEAU discloses A three-dimensional data encoding device comprising:
a processor (or likewise “a microprocessor 32 (or CPU)”, pg. 12,ll. 10-15); and
memory,
wherein using the memory, the processor:
encodes three-dimensional points each located in any one of a plurality of regions, on a per region basis, to generate encoded three-dimensional points;
generates connectivity information generated based on a relationship between a first region among the plurality of regions and second regions aside from the first region among the plurality of regions, the connectivity information including
generates a bitstream including the connectivity information generated and the encoded three-dimensional points, and
wherein the connectivity information is included in the bitstream as supplemental enhancement information (SEI) which is metadata of the encoded three-dimensional points.
Claim 16 is rejected like claims 1,7,15:
Re 16., CHUPEAU discloses A three-dimensional data decoding device comprising:
a processor; and
memory,
wherein using the memory, the processor:
obtains a bitstream including encoded three-dimensional points each located in any one of a plurality of regions and encoded on a per region basis;
obtains connectivity information generated based on a relationship between a first region among the plurality of regions and second regions aside from the first region among the plurality of regions, the connectivity information including
selectively decodes the encoded three-dimensional points on a per region basis, based on the connectivity information obtained, and
wherein the connectivity information is included in the bitstream as supplemental enhancement information (SEI) which is metadata of the encoded three-dimensional points.
Step 2A, prong 2:
This judicial exception is not integrated into a practical application because the additional elements do not improve technical field via applicant’s disclosure, page 1,ll. 15-20 and page 74,ll. 13-17 (first explicit instance of a disclosed improvement):
1. Technical Field
The present disclosure relates to a three-dimensional data encoding method, a three-dimensional data decoding method, a three-dimensional data encoding device, and a three-dimensional data decoding device.
By performing division with the method as described above, it is possible to achieve adaptive encoding according to contents or objects. Also, parallel processing in decoding processing can be achieved. Accordingly, the flexibility of a point cloud encoding system or a point cloud decoding system is improved.
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Applicant’s disclosure, pages 260-262 (I recognize/spot an encoding/decoding improvement in these pages 260-262):
For example, the three-dimensional data decoding device sequentially decodes a plurality of encoded three-dimensional points in the order of the data included in the bitstream. Here, provided that the three-dimensional data represents a three-dimensional map, for example, when a user consults the map, the user often wants to see a part of the map including the current position of the user and a peripheral area thereof. In such a case, if the three-dimensional data decoding device sequentially decodes the plurality of encoded three-dimensional points in the order of the data included in the bitstream, and sequentially displays images representing the plurality of three-dimensional points on a display device or the like in the order of decoding, it may take a long time to display the part the user wants to check on the display device. In addition, depending on the current position of the user, there may be three-dimensional points that need not be decoded. In view of these, the three-dimensional data encoding device generates connectivity information based on a relationship between a plurality of regions, the connectivity information including tile information indicating values each
uniquely assigned to a different one of the plurality of regions and relation information indicating that there is a relationship between a predetermined region and another region according to the tile information. Therefore, when the three-dimensional data decoding device receives information indicating the current position of a user from a device of the user, the three-dimensional data decoding device can determine a predetermined region based on the information, and decodes encoded three-dimensional points, starting with the determined predetermined region, based on the connectivity information. Accordingly, the three-dimensional data decoding device can sequentially decode encoded three-dimensional points, starting with the encoded three-dimensional points located in regions that are likely to be desired by the user. That is, according to the three-dimensional data encoding method according to the present disclosure, among a plurality of encoded three-dimensional points, a plurality of desired encoded three-dimensional points can be appropriately selected and decoded.
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Step 2B:
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements (“connectivity information” “supplemental enhancement information (SEI)”) considered individually or in combination with the abstract adhere to the conventional in view of applicant’s disclosure and 35 USC 112(a)9, page 64, ll. 8-11:
Encoder 4801 may define and generate a parameter set or metadata other than those described above. For example, encoder 4801 may generate supplemental enhancement information (SEI) that stores a parameter (an optional parameter) that is not always used for decoding.
.
Suggested10 regarding 35 USC 101: make (i) and (ii) required in claim 1 with the ACCORDING participial modifier modifying “information” of “relation information” and participating in the action (i.e., include) of “the connectivity information including”:
1. A three-dimensional data encoding method comprising:
encoding11 three-dimensional points each located in any one of a plurality of regions, on a per region basis, to generate encoded three-dimensional points;
generating12 connectivity information13 generated based on a relationship between a first region among the plurality of regions and second regions aside from the first region among the plurality of regions, the connectivity information including
14
[[(ii)]] relation information indicating that the first region and one of the second regions are related ACCORDING TO THE TILE INFORMATION indicating values each uniquely assigned to a different one of the plurality of regions 15; and
generating a bitstream including the connectivity information generated and the encoded three-dimensional points,
wherein the connectivity information is included in the bitstream as supplemental enhancement information (SEI) which is metadata of the encoded three-dimensional points.
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Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1,2,3,4,5,6 and 7,8,9,10,11,12,13,14 and 15 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated16 by CHUPEAU et al. (WO 2020/185529 A1).
Claim(s) 1,2,3,4,5,6 and 7,8,9,10,11,12,13,14 and 15 and 16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated17 by CHUPEAU et al. (WO 2020/185529 A1).
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Re 1., CHUPEAU discloses A three-dimensional data encoding method (likewise) comprising18:
encoding three-dimensional points (fig. 1:11 and fig. 5:50: person points) each located in any one of a plurality of regions, on a per region basis19, to generate encoded three-dimensional points (or likewise “Points of the scene to be encoded are points which are visible from this unique point of view, and only the texture information is needed to be encoded/ decoded for the 3DoF rendering.”, pg. 16,ll.10-15);
generating connectivity information generated based on a relationship between a first region among the plurality of regions and second regions aside from the first region among the plurality of regions (or likewise “ Projection circuit 211 associates every patch it generated with a validity domain.”, pg. 9, ll.15-20), the connectivity information including 202122
generating a bitstream (or likewise “the data stream”, pg. 6, ll. 25-: fig. 2:22: “data delivery and/or playback”) including the connectivity information generated and the encoded three-dimensional points,
wherein the connectivity information is included in the bitstream as supplemental enhancement information (SEI) which is metadata of the encoded three-dimensional points (or likewise “ Metadata 212 and 232 of figure 2 may, for instance, be transported at the ISOBMFF container level as a timed metadata track or inserted as SEI (Supplemental Enhancement Information) in the elementary video streams (e.g. HEVC).”, pg. 19, ll.1-5).
Re 2., CHUPEAU discloses The three-dimensional data encoding method according to claim 1, wherein the relationship is23 a positional relationship (via fig. 5) between the first region and the second regions.
Re 3., CHUPEAU discloses The three-dimensional data encoding method according to claim 1, wherein the generating of the connectivity information includes generating the connectivity information including the relation information indicating that an encoded three-dimensional point located in the one (fig. 5:56) of the second regions which contacts or overlaps the first region (fig. 5:54) is to be decoded.
Re 4., CHUPEAU discloses The three-dimensional data encoding method according to claim 1, wherein the generating of the connectivity information includes generating the connectivity information including the relation information which
(i) is generated based on direction information indicating a direction (or likewise “ A point cloud may be represented in memory, for instance, as a vector…depth24”, pg, 8, ll.1-5) from the first region
25
2627 28.
Re 5., CHUPEAU discloses The three-dimensional data encoding method according to claim 1, wherein the generating of the connectivity information includes generating the connectivity information including the relation information indicating that the encoded three-dimensional points are decoded (or likewise “decoding…atlas packing patches…as points of the 3D scene at a step 123”, pg. 22, last para) in an order (or likewise “ Figure 2 shows a non-limitative example of the encoding, transmission and decoding of data representative of a sequence of 3D scenes.”, pg. 8,ll.15-20) of ascending29 distance (as shown by the “acquired…depth30 information”, pg. 21, 1st para, last S: figs. 5 and 7) between the first region and the second regions.
Re 6., CHUPEAU discloses The three-dimensional data encoding method according to claim 1, wherein the generating of the connectivity information includes:
determining which predetermined group (or likewise “overlapping clusters are considered”, pg. 21, ll. 20-25: fig. 10: [ABC][CDE][EFG]) among predetermined groups each (fig. 10: grouped-squares) of the second regions belongs to based on the relationship (fig. 10:overlapping “cameras”, pg. 21, ll.25-30, C and E connecting cluster-groups [ABC][CDE][EFG]); and
generating the connectivity information including group information (or likewise “a group…of patches”, pg. 22,ll.1-5: fig.10:107,108,109: three patch-groups) indicating each predetermined group that is determined.
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Claim 7 is rejected like claim 1:
Re 7., CHUPEAU discloses A three-dimensional data decoding method comprising:
obtaining a bitstream including encoded three-dimensional points each located in any one of a plurality of regions and encoded on a per region basis (or likewise “In the context of a patch-based encoding of a 3D scene, the data stream comprises metadata
comprising information about each patch of the atlas.”, pg. 6,ll. 25-) ;
obtaining connectivity information generated based on a relationship between a first region among the plurality of regions and second regions aside from the first region among the plurality of regions, the connectivity information including
selectively decoding the encoded three-dimensional points on a per region basis, based on the connectivity information obtained (or likewise “When decoded, these metadata allow the rendering engine to select the subset of patches in the atlas which are associated to a validity domain encompassing the current point of view.”, pg. 7,ll.10-15),
wherein the connectivity information is included in the bitstream as supplemental enhancement information (SEI) which is metadata of the encoded three-dimensional points.
Claim 8 is rejected like claim 5:
Re 8., CHUPEAU discloses The three-dimensional data decoding method according to claim 7, wherein the relationship is a positional relationship between the first region and the second regions.
Claim 9 is rejected like claim 3:
Re 9., CHUPEAU discloses The three-dimensional data decoding method according to claim 7, wherein the obtaining of the connectivity information includes obtaining the connectivity information including the relation information indicating that an encoded three-dimensional point located in the one of the second regions which contacts or overlaps the first region is to be decoded.
Claim 10 is rejected like claim 4:
Re 10., CHUPEAU discloses The three-dimensional data decoding method according to claim 7, wherein the obtaining of the connectivity information includes obtaining the connectivity information including the relation information which
Claim 11 is rejected like claim 5:
Re 11., CHUPEAU discloses The three-dimensional data decoding method according to claim 7, wherein the obtaining of the connectivity information includes obtaining the connectivity information including the relation information indicating that the encoded three-dimensional points are decoded in an order of ascending distance between the first region and the second regions.
Claim 12 is rejected like claim 6:
Re 12.,CHUPEAU discloses The three-dimensional data decoding method according to claim 7, wherein
the obtaining of the connectivity information includes obtaining the connectivity information including group information indicating which predetermined group among predetermined groups each of the second regions belongs to based on the relationship.
Claim 13 is rejected like claim 1:
Re 13., CHUPEAU discloses The three-dimensional data decoding method according to claim 7, wherein
the connectivity information is included in the bitstream, and
the obtaining of the connectivity information includes obtaining the connectivity information included in the bitstream.
Claim 14 is rejected like claim 1:
Re 14., CHUPEAU discloses The three-dimensional data decoding method according to claim 7, wherein
the obtaining of the connectivity information includes obtaining the connectivity information by generating the connectivity information based on the encoded three-dimensional points included in the bitstream.
Claim 15 is rejected like claims 1 and 7:
Re 15., CHUPEAU discloses A three-dimensional data encoding device comprising:
a processor (or likewise “a microprocessor 32 (or CPU)”, pg. 12,ll. 10-15); and
memory,
wherein using the memory, the processor:
encodes three-dimensional points each located in any one of a plurality of regions, on a per region basis, to generate encoded three-dimensional points;
generates connectivity information generated based on a relationship between a first region among the plurality of regions and second regions aside from the first region among the plurality of regions, the connectivity information including
generates a bitstream including the connectivity information generated and the encoded three-dimensional points, and
wherein the connectivity information is included in the bitstream as supplemental enhancement information (SEI) which is metadata of the encoded three-dimensional points.
Claim 16 is rejected like claims 1,7,15:
Re 16., CHUPEAU discloses A three-dimensional data decoding device comprising:
a processor; and
memory,
wherein using the memory, the processor:
obtains a bitstream including encoded three-dimensional points each located in any one of a plurality of regions and encoded on a per region basis;
obtains connectivity information generated based on a relationship between a first region among the plurality of regions and second regions aside from the first region among the plurality of regions, the connectivity information including
selectively decodes the encoded three-dimensional points on a per region basis, based on the connectivity information obtained, and
wherein the connectivity information is included in the bitstream as supplemental enhancement information (SEI) which is metadata of the encoded three-dimensional points.
Suggestions
MPEP 707.07(d) Language To Be Used in Rejecting Claims [R-10.2019], last para:
The examiner should, as a part of the first Office action on the merits, identify any claims which he or she judges, as presently recited, to be allowable and/or should suggest any way (via arrow mapping from claim 1 to applicant’s disclosure’s pages 20,21,22) in which he or she considers that rejected claims (claim 1) may be amended to make them allowable:
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Conclusion
The prior art “nearest to the subject matter defined in the claims” (MPEP 707.05) made of record and not relied upon is considered pertinent to applicant's disclosure.
The following table lists several references that are relevant to the subject matter claimed and disclosed in this Application. The references are not relied on by the Examiner, but are provided to assist the Applicant in responding to this Office action:
Citation
Relevance
CHUPEAU et al. (US 2021/0195162 A1): same name as CHUPEAU et al. (WO 2020/185529 A1) as applied in the rejection of claims 1-16 under 35 USC 102.
CHUPEAU teaches a dashed-line area (region) connection, [0102] 5th S:
“Patches are clustered in the projection map according to their connectivity and depth.”
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as the closest to the claimed “generating connectivity information generated based on a relationship between a first region among the plurality of regions and second regions aside from the first region among the plurality of regions” of claim 1.
Angelides et al. (THE HANDBOOK OF MPEG APPLICATIONS STANDARDS IN PRACTICE)
Angelides teaches, pg. 15:
Supplemental Enhancement Information and Video Usability Information. This is additional information that can be inserted into the bitstream to enhance the use of the video for a wide variety of purposes.
as the closest to the claimed “supplemental enhancement information (SEI)” of claim 1.
IDS cited OH et al. (US 2021/0227232 A1)
OH teaches a region(s) “association” [0072] and “SEI” `1[0077]:
[0072] FIG. 59 illustrates an association between a 3D region of a point cloud and a region in a video frame according to embodiments;
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[0077] FIG. 64 shows supplemental enhancement information (SEI) according to embodiments;
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as the closest to the claimed: “generating connectivity information generated based on a relationship between a first region among the plurality of regions and second regions aside from the first region among the plurality of regions” and “supplemental enhancement information (SEI)” of claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DENNIS ROSARIO whose telephone number is (571)272-7397. The examiner can normally be reached Monday-Friday, 9AM-5PM EST.
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, Henok Shiferaw can be reached at 571-272-4637. 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.
/DENNIS ROSARIO/
Examiner, Art Unit 2676
/Henok Shiferaw/Supervisory Patent Examiner, Art Unit 2676
1 MPEP 2131 Anticipation — Application of 35 U.S.C. 102 [R-08.2017], 2nd para, 2nd to last S: The elements must be arranged as required by the claim, but this is not an ipsissimis verbis test, i.e., identity of terminology is not required. In re Bond, 910 F.2d 831, 15 USPQ2d 1566 (Fed. Cir. 1990)
2 MPEP 2131 Anticipation — Application of 35 U.S.C. 102 [R-08.2017], 2nd para, 2nd to last S: The elements must be arranged as required by the claim, but this is not an ipsissimis verbis test, i.e., identity of terminology is not required. In re Bond, 910 F.2d 831, 15 USPQ2d 1566 (Fed. Cir. 1990)
3 encode: computing to convert (characters and symbols) into a digital form as a series of impulses Compare decode (Dictionary.com)
4 generate: to bring into existence; cause to be; produce, wherein bring is defined: to cause to appear or occur in the mind; evoke or recall. (Dictionary.com) .
5 information: knowledge gained through study, communication, research, instruction, etc.; factual data.(Dictionary.com)
6 and: (used to connect alternatives). (Dictionary.com)
7 MPEP 2143.03 All Claim Limitations Must Be Considered [R-01.2024] , 3rd para:
As a general matter, the grammar (the CONJUNCTION “and”) and ordinary meaning of terms as understood by one having ordinary skill in the art used in a claim will dictate whether, and to what extent, the language limits the claim scope. Language (the CONJUNCTION “and”) that suggests or makes a feature or step (limitations (i) and (ii) in claim 7) optional but does not require that feature or step does not limit the scope of a claim under the broadest reasonable claim interpretation. In addition, when a claim requires selection of an element from a list of alternatives (said (i) and (ii)), the prior art teaches the element if one of the alternatives is taught by the prior art. See, e.g., Fresenius USA, Inc. v. Baxter Int’l, Inc., 582 F.3d 1288, 1298, 92 USPQ2d 1163, 1171 (Fed. Cir. 2009).
8 Applicant’s disclosure, page 273,ll.20-25: Making Alternative modifications/Alternative Types: (i) and (ii):
--A three-dimensional data encoding device, a three-dimensional data decoding device, and the like according to one or more aspects have been described above based on the embodiments, but the present disclosure is not limited to these embodiments. The one or more aspects may thus include forms achieved by making various modifications to the above embodiments that can be conceived by those skilled in the art, as well forms achieved by combining structural components in different embodiments, without materially departing from the spirit of the present disclosure.—
wherein modifications is defined: a modified form; variety, wherein variety is defined: a number of different types of things, especially ones in the same general category, wherein different is defined: various; several, wherein various is defined: variant, wherein variant is defined: not definitive, as a version of part of a text; different; alternative. (Dictionary.com)
9 MPEP 2196.95(d) Well-Understood, Routine, Conventional Activity [R-07.2022]
I. EVALUATING WHETHER THE ADDITIONAL ELEMENTS ARE WELL-UNDERSTOOD, ROUTINE, CONVENTIONAL ACTIVITY
2. A factual determination is required to support a conclusion that an additional element ( or combination of additional elements) is well-understood, routine, conventional activity., 2nd para:
As such, an examiner should determine that an element (or combination of elements) [claim 1’s “SEI”] is well-understood, routine, conventional activity only when the examiner can readily conclude, based on their expertise in the art, that the element is widely prevalent or in common use in the relevant industry. The analysis as to whether an element (or combination of elements) [claim 1’s “SEI”] is widely prevalent or in common use is the same as the analysis under 35 U.S.C. 112(a) as to whether an element is so well-known that it need not be described in detail in the patent specification (of 18/895.793).
10 MPEP 2106.07(a) Formulating a Rejection For Lack of Subject Matter Eligibility [R-07.2022]
II. WHEN MAKING A REJECTION, EXPLAIN WHY THE ADDITIONAL CLAIM ELEMENTS DO NOT RESULT IN THE CLAIM AS A WHOLE INTEGRATING THE JUDICIAL EXCEPTION INTO A PRACTICAL APPLICATION OR AMOUNTING TO SIGNIFICANTLY MORE THAN THE JUDICIAL EXCEPTION (STEP 2A PRONG TWO AND STEP 2B), last para:
In the event a rejection is made, it is a best practice for the examiner to consult the specification (pages 260-262 & fig. 206:S9402: “ACCORDING TO TILE INFORMATION”) to determine if there are elements (“according to the tile information”) that could be added to the claim to make it eligible. If so, the examiner should identify those elements (“according to the tile information”) in the Office action and suggest them as a way to overcome the rejection.
11 encode: computing to convert (characters and symbols) into a digital form as a series of impulses Compare decode (Dictionary.com)
12 generate: to bring into existence; cause to be; produce, wherein bring is defined: to cause to appear or occur in the mind; evoke or recall. (Dictionary.com) .
13 information: knowledge gained through study, communication, research, instruction, etc.; factual data.(Dictionary.com)
14 and: (used to connect grammatically coordinate words, phrases, or clauses) along or together with; as well as; in addition to; besides; also; moreover. (Dictionary.com)
15 See fig. 206:S9402: reproduced below: “ACCORDING TO TILE INFORMATION”
16 MPEP 2131 Anticipation — Application of 35 U.S.C. 102 [R-08.2017], 2nd para, 2nd to last S: The elements must be arranged as required by the claim, but this is not an ipsissimis verbis test, i.e., identity of terminology is not required. In re Bond, 910 F.2d 831, 15 USPQ2d 1566 (Fed. Cir. 1990)
17 MPEP 2131 Anticipation — Application of 35 U.S.C. 102 [R-08.2017], 2nd para, 2nd to last S: The elements must be arranged as required by the claim, but this is not an ipsissimis verbis test, i.e., identity of terminology is not required. In re Bond, 910 F.2d 831, 15 USPQ2d 1566 (Fed. Cir. 1990)
18 BROAD CLAIM LANGUAGE: “-ing” (of “comprising”): a suffix of nouns formed from verbs, expressing the action of the verb or its result, product, material, etc. (the art of building; a new building; cotton wadding ), wherein etc. is defined: and others; and so forth; and so on (used to indicate that more of the same sort or class might have been mentioned, but for brevity have been omitted)., wherein so is defined: likewise or correspondingly; also; too.
19 NLP: This comma phrase (a Non-restrictive/Limiting comma Phrase) does not limit claim 1.
20 Applicant disclosure, pg. 240,ll. 7-11: Although the connectivity information is included in the additional information concerning tiles (tile_information) in the above description, the present disclosure is not limited thereto. The connectivity information may be included on a per tile (or slice) basis, in a header of each tile (or the slice to which the tile belongs).
21 and: (used to connect alternatives). (Dictionary.com)
22 The MPEP 2143.03 All Claim Limitations Must Be Considered [R-01.2024], 3rd para:
As a general matter, the grammar (CONJUNCTION “and”) and ordinary meaning of terms as understood by one having ordinary skill in the art used in a claim will dictate whether, and to what extent, the language limits the claim scope. Language (CONJUNCTION “and”) that suggests or makes a feature or step ((i) tile information indicating values each uniquely assigned to a different one of the plurality of regions) optional but does not require that feature or step does not limit the scope of a claim under the broadest reasonable claim interpretation. In addition, when a claim requires selection of an element from a list of alternatives ((i) tile information indicating values each uniquely assigned to a different one of the plurality of regions and (ii) relation information indicating that the first region and one of the second regions are related), the prior art teaches the element if one of the alternatives is taught by the prior art. See, e.g., Fresenius USA, Inc. v. Baxter Int’l, Inc., 582 F.3d 1288, 1298, 92 USPQ2d 1163, 1171 (Fed. Cir. 2009).
23 “is” essentially means look at a figure (Dictioanry.com)
24 depth: a dimension taken through an object or body of material, usually downward from an upper surface, horizontally inward from an outer surface, or from top to bottom of something regarded as one of several layers. (Dictionary.com)
25 and: (used to connect alternatives). (Dictionary.com)
26 when: at the time or in the event that, wherein at is defined: (used to indicate a state or condition), wherein condition is defined: a circumstance indispensable to some result; prerequisite; that on which something else is contingent. (Dictionary.com).
27The crossed out text is “not required…under a broadest reasonable interpretation of the claim…such that the condition precedent…has not been met” (method claim 4) via MPEP 2111.04 II. CONTINGENT LIMITATIONS, last para:
See Ex parte Schulhauser, Appeal 2013-007847 (PTAB April 28, 2016) for an analysis of contingent claim limitations (“indicates that an encoded three-dimensional point located in the one of the second regions which is located in the direction when seen from the first region is to be decoded ”) in the context of both method claims (claims 4 and 10) and system claims (system claims 15 and 16 do not have a contingent limitation). In Schulhauser, both method claims and system claims recited the same contingent step (“indicates that an encoded three-dimensional point located in the one of the second regions which is located in the direction when seen from the first region is to be decoded ”). When analyzing the claimed method as a whole, the PTAB determined that giving the claim its broadest reasonable interpretation, "[i]f the condition (“when seen from the first region”) for performing a contingent step (“indicates that an encoded three-dimensional point located in the one of the second regions which is located in the direction when seen from the first region is to be decoded”) is not satisfied, the performance recited by the step need not be carried out in order for the claimed method to be performed" (quotation omitted). Schulhauser at 10. When analyzing the claimed system as a whole, the PTAB determined that "[t]he broadest reasonable interpretation of a system claim having structure that performs a function, which only needs to occur if a condition precedent is met, still requires structure for performing the function should the condition occur." Schulhauser at 14. Therefore "[t]he Examiner did not need to present evidence of the obviousness of the [ ] method steps of claim 1 that are not required to be performed under a broadest reasonable interpretation of the claim (e.g., instances in which the electrocardiac signal data is not within the threshold electrocardiac criteria such that the condition precedent for the determining step and the remaining steps of claim 1 has not been met);" however to render the claimed system obvious, the prior art must teach the structure that performs the function of the contingent step along with the other recited claim limitations. Schulhauser at 9, 14.
28 The MPEP 2143.03 All Claim Limitations Must Be Considered [R-01.2024], 3rd para:
As a general matter, the grammar (CONJUNCTION “and”) and ordinary meaning of terms as understood by one having ordinary skill in the art used in a claim will dictate whether, and to what extent, the language limits the claim scope. Language (CONJUNCTION “and”) that suggests or makes a feature or step ((i) tile information indicating values each uniquely assigned to a different one of the plurality of regions) optional but does not require that feature or step does not limit the scope of a claim under the broadest reasonable claim interpretation. In addition, when a claim requires selection of an element from a list of alternatives ((i) tile information indicating values each uniquely assigned to a different one of the plurality of regions and (ii) relation information indicating that the first region and one of the second regions are related), the prior art teaches the element if one of the alternatives is taught by the prior art. See, e.g., Fresenius USA, Inc. v. Baxter Int’l, Inc., 582 F.3d 1288, 1298, 92 USPQ2d 1163, 1171 (Fed. Cir. 2009).
29 ascending: to gain or succeed to; acquire. (Dictionary.com)
30 depth: the extent, measurement, or distance downwards, backwards, or inwards (Dictionary.com)
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