DETAILED ACTION
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 .
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 § 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 1-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12,143,634. Although the claims at issue are not identical, they are not patentably distinct from each other, as the outstanding application does not include the occupancy code in the first information corresponding to the plurality of sub-encoded data, only the number of layers.
Application No. 18/904,438 Claim 1
U.S. Patent No. 12,143,634 Claim 1
A three-dimensional data encoding method, comprising:
A three-dimensional data encoding method, comprising:
occupancy encoding a plurality of three-dimensional points using a hierarchical structure having a plurality of layers to generate a plurality of sub-encoded data; and
encoding the items of geometry information on a per first layer basis to generate items of first encoded data each for a different one of the first layers; and generating a bitstream including items of second encoded data which are items of encoded data for respective second layers,
generating first information each corresponding to the plurality of sub-encoded data, wherein each of the plurality of sub-encoded data corresponds to a grouped layer formed by grouping one or more layers from the plurality of layers, and the first information each indicates the number of layers included in the grouped layer corresponding to one of the plurality of sub-encoded data.
wherein the bitstream includes an item of second information indicating a total number of first layers included in each of the second layers, and each of the items of first encoded data includes an occupancy code.
Claims 2-12 are similarly unpatentable over claims 2-16 of U.S. Patent No. 12,143,634 as being directed towards the same invention.
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)(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.
Claims 1-12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Oh et al (2019/0379884, provided by applicant) [Oh].
Regarding claims 1, 6, 11, and 12, Oh discloses a three-dimensional data encoding method, comprising:
occupancy encoding a plurality of three-dimensional points (paragraphs 0336 and 0409-0410) using a hierarchical structure having a plurality of layers to generate a plurality of sub-encoded data (paragraph 0082); and
generating first information each corresponding to the plurality of sub-encoded data, wherein each of the plurality of sub-encoded data corresponds to a grouped layer formed by grouping one or more layers from the plurality of layers, and the first information each indicates the number of layers included in the grouped layer corresponding to one of the plurality of sub-encoded data (paragraph 0299).
Regarding claims 2 and 7, Oh discloses the three-dimensional data encoding and decoding method according to Claims 1 and 6, further comprising: encoding attribute information of the plurality of three-dimensional points (paragraph 0333) using the hierarchical structure having a plurality of layers to generate a plurality of sub-encoded attribute data, wherein the hierarchical structure used for the plurality of sub-encoded data is the same as the hierarchical structure used for the plurality of sub-encoded attribute data (paragraph 0082).
Regarding claims 3 and 8, Oh discloses the three-dimensional data encoding and decoding method according to Claims 1 and 6, wherein the plurality of sub-encoded data includes a first sub-encoded data that is encodable independently and a second sub-encoded data that is non-encodable independently (certain overlays are essential to rendering and thus independently encoded, whereas others are not, paragraphs 0335-0337).
Regarding claims 4 and 9, Oh discloses the three-dimensional data encoding and decoding method according to Claims 3 and 8, wherein the first sub-encoded data is encoded before encoding the second sub-encoded data (certain overlays are essential to rendering and thus independently encoded, whereas others are not, paragraphs 0335-0337).
Regarding claims 5 and 10, Oh discloses the three-dimensional data encoding and decoding method according to Claims 1 and 6, further comprising: storing second information into each header of the plurality of sub-encoded data, wherein the second information each includes identification information corresponding to one of the plurality of sub-encoded data (table 4, paragraph 0285).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Graziosi (2020/0195967).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOMINIC D SALTARELLI whose telephone number is (571)272-7302. The examiner can normally be reached 9:00 am - 5:00 pm EST.
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/DOMINIC D SALTARELLI/ Primary Examiner, Art Unit 2421