DETAILED ACTION
Response to Arguments
Applicant’s arguments, see application, filed 02/26/2026, with respect to the specification objection and 112 rejections have been fully considered and are persuasive. The objection/rejections above have been withdrawn.
Applicant's arguments filed 02/26/2026 have been fully considered but they are not persuasive.
Applicant states that the double patenting rejections are overcome due to the amendments. The examiner respectfully disagrees. The co-pending applications are being amended in an analogous manner as compared to this instant application.
Applicant’s arguments, see application, filed 02/26/2026, with respect to 103 rejections have been fully considered and are persuasive. The 103 rejections have been withdrawn. However, the amendment that overcame the prior art (i.e. wherein only quantization matrixes of three sizes are encoded as the second quantization matrix regardless of a block size) is rejected under 112a and 112b.
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 Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-3, 5, 7-9, 11 and 13-15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The independent claims recite the limitation “wherein only quantization matrixes of three sizes are encoded as the second quantization matrix regardless of a block size” is new matter. For example, applicant’s published spec. para. 0084 states “In VVC, orthogonal transformation from a minimum 2×2 pixel size to a 64×64 pixel size is used, and it is also possible to adopt a configuration in which for loops from a 2×2 pixel size whose sizeId is 1 to a 64×64 pixel size whose sizeId is 6 are set, and quantization matrices respectively corresponding thereto are encoded. However, in the present embodiment, the maximum orthogonal transformation size, that is, the maximum size of the subblocks is 8×8, and thus the upper limit value of a for loop is a sizeId of 3 corresponding to the 8×8 pixel size. This enables unnecessary quantization matrix encoding to be omitted and redundant code generation to be prevented, by setting the upper limit value of the for loop based on the maximum value of the orthogonal transformation size that is actually used.” Therefore, this paragraph states that the quantization matrixes have an upper limit of 8x8 due to the maximum size of the subblocks being 8x8. Therefore, this states that the quantization matrixes are dependent on block size. Please clarify.
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 1-3, 5, 7-9, 11 and 13-15 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. The independent claims recite the limitation “wherein only quantization matrixes of three sizes are encoded as the second quantization matrix regardless of a block size” which is unclear. For example, applicant’s published spec. para. 0084 states “In VVC, orthogonal transformation from a minimum 2×2 pixel size to a 64×64 pixel size is used, and it is also possible to adopt a configuration in which for loops from a 2×2 pixel size whose sizeId is 1 to a 64×64 pixel size whose sizeId is 6 are set, and quantization matrices respectively corresponding thereto are encoded. However, in the present embodiment, the maximum orthogonal transformation size, that is, the maximum size of the subblocks is 8×8, and thus the upper limit value of a for loop is a sizeId of 3 corresponding to the 8×8 pixel size. This enables unnecessary quantization matrix encoding to be omitted and redundant code generation to be prevented, by setting the upper limit value of the for loop based on the maximum value of the orthogonal transformation size that is actually used.” Therefore, this paragraph states that the quantization matrixes have an upper limit of 8x8 due to the maximum size of the subblocks being 8x8. Therefore, this states that the quantization matrixes are dependent on block size. Furthermore, it is unclear why the claimed invention would utilize only 2x2, 4x4 and 8x8 quantization matrixes when the block size (for example) is 32x32, 64x64 or larger. Para. 0084 (recited above) states that a sizeID of 6 would be utilized in VVC for when the block size is 64x64. Hence, the quantization matrix size used is dependent on the block size.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-3, 5, 7-9, 11 and 13-15 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of copending Application No. 18/910,615 in view of Lim et al. (herein after will be referred to as Lim ‘396) (US 20150334396).
This is a provisional nonstatutory double patenting rejection.
Co-Pending App. ‘615 claims the majority of the claim limitations except for
wherein in a case where a size of the first quantization matrix to be encoded is 4x4, the size of the second quantization matrix is 4x4.
However, Lim ‘396 does disclose
wherein in a case where a size of the first quantization matrix to be encoded is 4x4, the size of the second quantization matrix is 4x4. [See Lim ‘396 [0019] Quantization matrix having the same size as a quantization matrix when coding/decoding is being performed. Also, see 0191, quantization matrix size of 4x4.]
It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the claimed apparatus by Co-Pending App ‘615 to add the teachings of Lim ‘396, in order to improve upon coding efficiency [See Lim ‘396 [0005]].
Claims 1-3, 5, 7-9, 11 and 13-15 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5-6 and 8-9 of copending Application No. 18/910,566 in view of Lim (US 20220321885). Co-pending App. '566 does not claim:
(a) a first element which is a 1st element in a predetermined scan order and which is an element of a difference value between an element at a 1st row and a 1st column of the first quantization matrix and element at a 1st row and a 1st column of the second quantization matrix; (b) a second element which is a 2nd element in the predetermined scan order and which is an element of a difference value between an element at a 2ⁿᵈ row and a 1st column of the first quantization matrix and an element at a 2ⁿᵈ row and a 1st column of the second quantization matrix; (c) a third element which is a 3rd element in the predetermined scan order and which is an element of a difference value between an element at a 1st row and 2ⁿᵈ column of the first quantization matrix and an element at a 1st row and a 2ⁿᵈ column of the second quantization matrix, and
(a) encodes, into the scaling list data syntax structure, a difference value between (i) the element, corresponding to a 1st element in the predetermined scan order, at the 1st row and the 1st column of the first quantization matrix and (ii) a predetermined value and; (b) encodes, into the scaling list data syntax structure, a difference value between (i) the element, corresponding to a 2nd element in the predetermined scan order, at the 2ⁿᵈ row and the 1st column of the first quantization matrix and (ii) the element at the 1st row and the 1st column of the first quantization matrix; (c) encodes, into the scaling list data syntax structure, a difference value between (i) the element, corresponding to a 3ʳᵈ element in the predetermined scan order, at the 1st row and the 2nd column of the first quantization matrix and (ii) the element at the 2ⁿᵈ row and the 1st column of the first quantization matrix; and (d) encodes, into the scaling list data syntax structure, a difference value between (i) an element, corresponding to a 4th element in the predetermined scan order, at the 3ʳᵈ row and the 1st column of the first quantization matrix and (ii) the element at the 1st row and
the 2ⁿᵈ column of the first quantization matrix.
However, Lim does disclose inter and intra quantization matrix prediction mode
(para. 1046), difference values by the scan method (para. 0694), and Fig. 65, diagonal
scan.
It would have been obvious to the person of ordinary skill in the art at the time of
the effective filing date to modify the apparatus by copending Application No.
18/910,566 to add the teachings of Lim, in order to improve upon video quality [See Lim
[0004]].
Claims 1-3, 5, 7-9, 11 and 13-15 are provisionally rejected on the ground of
nonstatutory double patenting as being unpatentable over claims 1-3, 5-6 and 8-9 of
copending Application No. 18/910,585 in view of Lim (US 20220321885). Please refer
to the same rationale applied above in regards to the DP rejection in view of the co-
pending App. No. '566.
This is a provisional nonstatutory double patenting rejection.
Claims 1-3, 5-9 and 11-15 are provisionally rejected on the ground of
nonstatutory double patenting as being unpatentable over claims 1-4, 6-9 and 11-12 of
copending Application No. 18/910,601 in view of Lim (US 20220321885). Please refer
to the same rationale applied above in regards to the DP rejection in view of the '224
Patent.
This is a provisional nonstatutory double patenting rejection.
Allowable Subject Matter
Claims 1-3, 5, 7-9, 11 and 13-15 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), 1st paragraph and 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES T BOYLAN whose telephone number is (571)272-8242. The examiner can normally be reached Monday-Friday 7am-3pm.
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/JAMES T BOYLAN/Examiner, Art Unit 2486