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 .
This Office Action is in response to the Applicants' communication filed on December 20, 2024. In virtue of this communication, claims 1-20 are currently presented in the instant application.
Drawings
The drawings were submitted on December 20, 2024. These drawings are reviewed and accepted by the examiner.
Information Disclosure Statement
The information Disclosure Statement (IDS) Form PTO-1449, filed on December 20, 2024, follow the provisions of 37 CFR 1.97. Accordingly, the information disclosed therein was considered by the examiner.
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 21 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12175585.
The following table 1, illustrates example of claim 21 of the present application
compared against claim 1 of U.S Patent Number 12175585.
Present Applicant
Patent No. 12175585
Claim 21
Claim 1
A method for graphics processing, comprising:
A method for graphics processing, comprising:
assigning a plurality of pieces of geometry of an image frame to a plurality of graphics processing units (GPUs) before performing geometry processing of the plurality of pieces of geometry in a graphics pipeline during a frame period;
assigning during a frame period a plurality of pieces of geometry of an image frame to a plurality of graphics processing units (GPUs) before performing geometry processing of the plurality of pieces of geometry in a graphics pipeline during the frame period;
generating information by the plurality of GPUs during the frame period relating each of the plurality of pieces of geometry to a plurality of screen regions, wherein the information is generated before performing the geometry processing;
generating information by the plurality of GPUs during the frame period relating each of the plurality of pieces of geometry to a plurality of screen regions, wherein the information is generated before performing the geometry processing, wherein each of the plurality of GPUs determines overlap of one or more corresponding pieces of geometry that are assigned with each of the plurality of screen regions during the frame period;
reassigning the plurality of pieces of geometry among the plurality of GPUs based on a first timing analysis applied to the plurality of pieces of geometry;
assigning the plurality of screen regions to the plurality of GPUs based on the information; and
dynamically assigning during the frame period the plurality of screen regions to the plurality of GPUs based on the information; and
rendering, based on the geometry processing, the plurality of pieces of geometry in the graphics pipeline during the frame period.
rendering the plurality of pieces of geometry in the graphics pipeline during the frame period based on the assigning of the plurality of screen regions to the plurality of GPUs, wherein the rendering includes performing the geometry processing of the plurality of pieces of geometry, wherein the information includes whether or not a piece of geometry is present in a corresponding screen region.
The following table 2 illustrates the conflicting claim pairs:
Present Applicant
21, 29, and 35
24, 31, and 37
25
26, 32, 38
27, 33 and 39
28, 34 and 40
30, 36
Patent No. 12175585
1, 9 and 15
4, 11 and 17
5, 12
6, 12 and 18
7, 13 and 19
8, 14 and 20
10, 16
Although the claims at issue are not identical, they are not patentably distinct for
each other because:
Comparison of table 1 above, the claim 21 of the Present Application is similar with
claim 1 of the U.S Patent and thus encompasses the subject matter of claim 21.
except, the underlined of the limitation “reassigning the plurality of pieces of geometry among the plurality of GPUs based on a first timing analysis applied to the plurality of pieces of geometry”, that is allowable subject matter.
Allowable Subject Matter
Claims 21-40 are distinct from the cited prior arts. However, they are not allowable due to the Double Patent rejections.
Regarding claims 21, 29 and 35, the closest prior arts that the Examiner found are Dimitrov et al. (US 20190206023 A1), Bonfiglioli et al. (US 20230034968 A1, hereinafter Bonfiglioli) have been made of record as teaching:
Dimitrov discloses a method for graphics processing, comprising:
assigning a plurality of pieces of geometry of an image frame to a plurality of graphics processing units (GPUs) (Dimitrov, see at least par. [0023]).
generating information by the plurality of GPUs during the frame period relating each of the plurality of pieces of geometry to a plurality of screen regions (Dimitrov, see at least par. [0052]), wherein the information is generated before performing the geometry processing (Dimitrov, see at least par. [0024]);
assigning the plurality of screen regions to the plurality of GPUs based on the information (Dimitrov, see at least col. 2, and lines 1-5 of the par. [0045]);
assigning a plurality of pieces of geometry of an image frame to a plurality of graphics processing units (GPUs) before performing geometry processing of the plurality of pieces of geometry in a graphics pipeline during a frame period (Bonfiglioli, [0088]). However, the limitations:
reassigning the plurality of pieces of geometry among the plurality of GPUs based on a first timing analysis applied to the plurality of pieces of geometry;
assigning the plurality of screen regions to the plurality of GPUs based on the information; and
rendering, based on the geometry processing, the plurality of pieces of geometry in the graphics pipeline during the frame period., taken as a whole, render the claim patentably distinct over the prior art.
Claims 29 and 35 each distinguish over the prior art for the reasons set forth above with respect to claim 21. Claims 22-28 and 29-40 each distinguish over the prior art at least due to their respective dependencies.
Claims 21-40 each distinguish over the prior art and there are outstanding ground of rejection or objection. Accordingly, claims 21-40 are allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIM THANH THI TRAN whose telephone number is (571)270-1408. The examiner can normally be reached Monday-Friday 8:00am-5:00pm.
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, ALICIA HARRINGTON can be reached at 5712722330. 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.
/KIM THANH T TRAN/Examiner, Art Unit 2615
/JAMES A THOMPSON/Primary Examiner, Art Unit 2615
Prosecution Insights