8DETAILED ACTION
1. The Office Action is in response to Application 18970111 filed on 12/05/2024. Claim 1-6 are pending.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
3. The information disclosure statements (IDS) submitted on 01/30/2025, is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in Application 18970111 filed on 12/05/2024.
Priority # Filling Data Country
10-2019-0076258 2019-06-26 KR
Double Patenting
5. 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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
6. Claim 1-2 are rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 5-6, 2 of US Patent US 12165368 indicated below.
For Claim 1 and its dependent claim 2, although the conflicting claims are not identical, they both are dealing with method of decoding/receiving point cloud data. As clearly indicated in the table below, each claimed limitations of 1 and its dependent claim 2 of the current application are anticipated by the corresponding limitations of claim 5-6, 2 of the reference patent.
US 12165368
Current Application
Claim 5:
A method of receiving point cloud data, the method comprising: receiving the point cloud data and signaling information;
decoding geometry information included in the point cloud data based on the signaling information;
and decoding attribute information included in the point cloud data based on the signaling information,
claim 2’s limitation:
and entropy-encoding occupancy codes of the generated octree structure or the approximated octree structure and outputting a geometry bitstream (note: decoding is the reverse of encoding)
wherein decoding the attribute information comprises:
generating LoDs (Levels of Detail) based on an octree structure, and de-compressing the attribute information based on the LoDs, wherein the octree structure is formed of depths,
wherein each of the depths includes a plurality of nodes, wherein each of the plurality of nodes is an occupied node that includes one or more points or an unoccupied node that does not include any point, wherein, based on an occupied node belonging to a LoD of the LoDs including two or more occupied child nodes, a first node of the two or more occupied child nodes is selected for an attribute value of the occupied node,
wherein a higher LoD of the LoDs includes points that belong to a lower LoD of the LoDs and includes points that do not belong to the lower LoD,
wherein each LoD includes points of at least one depth of the octree structure,
wherein the signaling information includes an attribute parameter set, and wherein the attribute parameter set includes information for identifying the attribute parameter set and information related to a number of the LoDs.
claim 6:
reconstructing the geometry information by regenerating the octree structure of a partial level or a full level based on occupancy codes included in the geometry information
Claim 1
A method of decoding, the method comprising:
decoding geometry information for point cloud data;
and decoding attribute information for the point cloud data based on signaling information, wherein decoding the geometry information comprises:
entropy decoding the geometry information,
wherein decoding the attribute information comprises:
generating LoDs (Levels of Detail) based on an octree structure, and de-compressing the attribute information based on the LoDs, wherein the octree structure is formed of depths,
wherein each of the depths includes a plurality of nodes, wherein each of the plurality of nodes is an occupied node that includes one or more points or an unoccupied node that does not include any point, wherein, based on an occupied node belonging to a LoD of the LoDs including two or more occupied child nodes, a first node of the two or more occupied child nodes is selected for an attribute value of the occupied node,
wherein a higher LoD of the LoDs includes points that belong to a lower LoD of the LoDs and includes points that do not belong to the lower LoD,
wherein each LoD includes points of at least one depth of the octree structure,
and wherein the signaling information includes information related to a number of the LoDs
Claim 2
reconstructing the geometry information based on the octree structure of a partial level or a full level
7. Claim 3-4 are rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 1-2 of US Patent US 12165368 and in view of LI, et al. (CN 103985155) indicated below.
For Claim 3 and its dependent claim 4, although the conflicting claims are not identical, they both are dealing with method of encoding/transmitting point cloud data. As clearly indicated in the table below, each claimed limitations of 3 and its dependent claim 4 of the current application are anticipated by the corresponding limitations of claim 1-2 of the reference patent except for the octree structure is generated by recursively subdividing a bounding box for the point cloud data.
US 12165368
Current Application
Claim 5:
A method of transmitting point cloud data, the method comprising:
acquiring the point cloud data;
encoding geometry information included in the point cloud data;
encoding attribute information included in the point cloud data; and transmitting the encoded geometry information, the encoded attribute information, and signaling information,
claim 2’s limitation:
and entropy-encoding occupancy codes of the generated octree structure or the approximated octree structure and outputting a geometry bitstream
wherein encoding the attribute information comprises:
generating LoDs (Levels of Detail) based on an octree structure, and compressing the attribute information based on the LoDs, wherein the octree structure is formed of depths, wherein each of the depths includes a plurality of nodes, wherein each of the plurality of nodes is an occupied node that includes one or more points or an unoccupied node that does not include any point,
wherein, based on an occupied node belonging to a LoD of the LoDs including two or more occupied child nodes, a first node of the two or more occupied child nodes is selected for an attribute value of the occupied node,
wherein a higher LoD of the LoDs includes points that belong to a lower LoD of the LoDs and includes points that do not belong to the lower LoD,
wherein each LoD includes points of at least one depth of the octree structure, wherein the signaling information includes an attribute parameter set, and wherein the attribute parameter set includes information for identifying the attribute parameter set and information related to a number of the LoDs.
claim 2:
quantizing the geometry information; generating the octree structure having an octal tree structure based on the quantized geometry information; approximating the octree structure; reconstructing the geometry information based on the generated octree structure and the approximated octree structure; and entropy-encoding occupancy codes of the generated octree structure or the approximated octree structure and outputting a geometry bitstream
Claim 3
A method of encoding, the method comprising:
encoding geometry information included in point cloud data;
and encoding attribute information included in the point cloud data,
wherein encoding the geometry information comprises:
entropy-encoding the geometry information, wherein encoding the attribute information comprises:
generating LoDs (Levels of Detail) based on an octree structure, and compressing the attribute information based on the LoDs, wherein the octree structure is generated by recursively subdividing a bounding box for the point cloud data, wherein the octree structure is formed of depths, wherein each of the depths includes a plurality of nodes, wherein each of the plurality of nodes is an occupied node that includes one or more points or an unoccupied node that does not include any point,
wherein, based on an occupied node belonging to a LoD of the LoDs including two or more occupied child nodes, a first node of the two or more occupied child nodes is selected for an attribute value of the occupied node,
wherein a higher LoD of the LoDs includes points that belong to a lower LoD of the LoDs and includes points that do not belong to the lower LoD,
wherein each LoD includes points of at least one depth of the octree structure, and wherein signaling information for attribute decoding includes information related to a number of the LoDs
Claim 4
quantizing the geometry information, and reconstructing the quantized geometry information based on the octree structure
It is noticed that claim 1-2 of US Patent US 12165368 does not disclose explicitly that the octree structure is generated by recursively subdividing a bounding box for the point cloud data.
LI teaches that the octree structure is generated by recursively subdividing a bounding box for the point cloud data (as shown in fig. 1; page 4, …, cube bounding box of all point cloud data, it as the root node of the octree structure, representing the whole space, and then the cube bounding box divided into 8 sub cube of the same size, each sub cube are regarded as the root node, so recursive segmentation).
Before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to incorporate the technology that encoding the first set of residuals to create a first level encoded stream as a modification to the claim 1-2 of US Patent US 12165368 for the benefit of that achieving a octree structure effectively (see page 4).
8. Claim 5-6 are rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 1-2 of US Patent US 12165368 and in view of LI, et al. (CN 103985155) indicated below.
For Claim 5 and its dependent claim 6, although the conflicting claims are not identical, they both are dealing with method of method of transmitting point cloud data. As clearly indicated in the table below, each claimed limitations of 5 and its dependent claim 6 of the current application are anticipated by the corresponding limitations of claim 1-2 of the reference patent except for the octree structure is generated by recursively subdividing a bounding box for the point cloud data.
US 12165368
Current Application
Claim 5:
A method of transmitting point cloud data, the method comprising:
acquiring the point cloud data;
encoding geometry information included in the point cloud data;
encoding attribute information included in the point cloud data; and transmitting the encoded geometry information, the encoded attribute information, and signaling information,
claim 2’s limitation:
and entropy-encoding occupancy codes of the generated octree structure or the approximated octree structure and outputting a geometry bitstream
wherein encoding the attribute information comprises:
generating LoDs (Levels of Detail) based on an octree structure, and compressing the attribute information based on the LoDs, wherein the octree structure is formed of depths, wherein each of the depths includes a plurality of nodes, wherein each of the plurality of nodes is an occupied node that includes one or more points or an unoccupied node that does not include any point,
wherein, based on an occupied node belonging to a LoD of the LoDs including two or more occupied child nodes, a first node of the two or more occupied child nodes is selected for an attribute value of the occupied node,
wherein a higher LoD of the LoDs includes points that belong to a lower LoD of the LoDs and includes points that do not belong to the lower LoD,
wherein each LoD includes points of at least one depth of the octree structure, wherein the signaling information includes an attribute parameter set, and wherein the attribute parameter set includes information for identifying the attribute parameter set and information related to a number of the LoDs.
claim 2:
quantizing the geometry information; generating the octree structure having an octal tree structure based on the quantized geometry information; approximating the octree structure; reconstructing the geometry information based on the generated octree structure and the approximated octree structure; and entropy-encoding occupancy codes of the generated octree structure or the approximated octree structure and outputting a geometry bitstream
Claim 5
A method of method of transmitting, the method comprising:
encoding geometry information included in point cloud data;
encoding attribute information included in the point cloud data, and transmitting a bitstream including the encoded geometry information and the encoded attribute information
wherein encoding the geometry information comprises:
entropy-encoding the geometry information, wherein encoding the attribute information comprises:
generating LoDs (Levels of Detail) based on an octree structure, and compressing the attribute information based on the LoDs, wherein the octree structure is generated by recursively subdividing a bounding box for the point cloud data, wherein the octree structure is formed of depths, wherein each of the depths includes a plurality of nodes, wherein each of the plurality of nodes is an occupied node that includes one or more points or an unoccupied node that does not include any point,
wherein, based on an occupied node belonging to a LoD of the LoDs including two or more occupied child nodes, a first node of the two or more occupied child nodes is selected for an attribute value of the occupied node,
wherein a higher LoD of the LoDs includes points that belong to a lower LoD of the LoDs and includes points that do not belong to the lower LoD,
wherein each LoD includes points of at least one depth of the octree structure, and wherein the bitstream further includes signaling information containing information related to a number of the LoDs
Claim 6
quantizing the geometry information, and reconstructing the quantized geometry information based on the octree structure
It is noticed that claim 1-2 of US Patent US 12165368 does not disclose explicitly that the octree structure is generated by recursively subdividing a bounding box for the point cloud data.
LI teaches that the octree structure is generated by recursively subdividing a bounding box for the point cloud data (as shown in fig. 1; page 4, …, cube bounding box of all point cloud data, it as the root node of the octree structure, representing the whole space, and then the cube bounding box divided into 8 sub cube of the same size, each sub cube are regarded as the root node, so recursive segmentation).
Before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to incorporate the technology that encoding the first set of residuals to create a first level encoded stream as a modification to the claim 1-2 of US Patent US 12165368 for the benefit of that achieving a octree structure effectively (see page 4).
Claim Rejections - 35 USC § 112
9. 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.
10. Claim 1 and its dependent claim 2 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 pre-AIA the applicant regards as the invention.
For claim 1, it recites limitations of “an octree structure” in generating LoDs (Levels of Detail) based on an octree structure, and de-compressing the attribute information based on the LoDs, wherein the octree structure is formed of depths, wherein each of the depths includes a plurality of nodes…”. However, it is not clear if the “octree structure” is the octree structure of the point cloud data, or some other kinds of octree structure, and it is not clear what is the relationship between the octree structure and the point cloud data, are they related or unrelated? Thus the scope of the claim and its dependent claim 2 are unclear.
Conclusion
11 The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form 892.
12. Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZAIHAN JIANG whose telephone number is (571)272-1399. The examiner can normally be reached on flexible.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sath Perungavoor can be reached on (571)272-7455. The fax phone number for the organization where this application or proceeding is assigned is 571-270-0655.
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/ZAIHAN JIANG/Primary Examiner, Art Unit 2488