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 .
Priority
This application discloses and claims only subject matter disclosed in prior Application No. 17/132,619, filed 12/23/2020, and names the inventor or at least one joint inventor named in the prior application. Accordingly, this application may constitute a continuation or divisional. Should applicant desire to claim the benefit of the filing date of the prior application, attention is directed to 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq. The presentation of a benefit claim may result in an additional fee under 37 CFR 1.17(w)(1) or (2) being required, if the earliest filing date for which benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c) and 1.78(d) in the application is more than six years before the actual filing date of the application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/25/2025 was considered by the examiner.
The information disclosure statement filed 01/15/2025 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
Drawings
The drawings were received on 01/15/2025. These drawings are acceptable.
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 1-14 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 and 5-7 of U.S. Patent No. 11,477,482 B2.
INSTANT APPLICATION 19/021,520
CLAIM 1
U.S. PATENT 11,477,482 B2
CLAIM 1
A three-dimensional data storage method, comprising:
A three-dimensional data storage method, comprising:
acquiring one or more units in which an encoded information generated by encoding three-dimensional data is stored; and
acquiring one or more units in which an encoded information generated by encoding point cloud data is stored; and
storing the one or more units into a file,
and which have a format corresponding to an encoding method used in the encoding of the three-dimensional data out of a plurality of encoding methods
storing the one or more units into a file, wherein the file indicates an encoding method used in the encoding of the point cloud data out of a plurality of encoding methods including a first encoding method and a second encoding method,
wherein the file is in conformity with a predetermined file format, and
the file is in conformity with ISO Based Media File Format (ISOBMFF), when the data point cloud data is encoded by the first encoding method, the generated encoded information is stored in a first unit having a first format,
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when the data point cloud data is encoded by the second encoding method, the generated encoded information is stored in a second unit having a second format different from the first format, and
each of the one or more units includes a header and a payload, the payload including encoded data or metadata, the header including information indicating a type of data included in the payload.
each of the first unit and the second unit includes a header and a payload, the payload including encoded data or metadata, the header including information indicating a type of data included in the payload.
Although the claims at issue are not identical, they are not patentably distinct from each other in that the instant application is broader in scope and therefore the entire scope of the reference claim falls within the scope of the examined claim.
In regard to claims 2-6 of the instant application, these claims are rejected as being unpatentable over claims 1 and 2 of the issued patent.
INSTANT APPLICATION 19/021,520
CLAIM 7
U.S. PATENT 11,477,482 B2
CLAIM 3
A three-dimensional data acquisition method, comprising:
A three-dimensional data acquisition method, comprising:
acquiring a file storing one or more units in which an encoded information generated by encoding three-dimensional data is stored and
acquiring the one or more units from the file, which have a format corresponding to an encoding method used in the encoding of the three-dimensional data out of a plurality of encoding methods; and
acquiring a file storing one or more units in which an encoded information generated by encoding point cloud data is stored; and acquiring the one or more units from the file, wherein the file indicates an encoding method used in the encoding of the point cloud data out of a plurality of encoding methods including a first encoding method and a second encoding method,
wherein the file is in conformity with a predetermined file format, and
the file is in conformity with ISO Based Media File Format (ISOBMFF),
-
when the data point cloud data is encoded by the first encoding method, the generated encoded information is stored in a first unit having a first format, when the data point cloud data is encoded by the second encoding method, the generated encoded information is stored in a second unit having a second format different from the first format, and
each of the one or more units includes a header and a payload, the payload including encoded data or metadata, the header including information indicating a type of data included in the payload.
each of the first unit and the second unit includes a header and a payload, the payload including encoded data or metadata, the header including information indicating a type of data included in the payload.
Although the claims at issue are not identical, they are not patentably distinct from each other in that the instant application is broader in scope and therefore the entire scope of the reference claim falls within the scope of the examined claim.
In regard to claims 8-12 of the instant application, these claims are rejected as being unpatentable over claims 3 and 5 respectively of the issued patent.
INSTANT APPLICATION 19/021,520
CLAIM 13
U.S. PATENT 11,477,482 B2
CLAIM 6
A three-dimensional data storage device, comprising:
A three-dimensional data storage device, comprising:
a processor; and memory, wherein, using the memory, the processor:
a processor; and memory, wherein, using the memory, the processor:
acquires one or more units in which an encoded information generated by encoding three-dimensional data is stored and which have a format corresponding to an encoding method used in the encoding of the three-dimensional data out of a plurality of encoding methods; and
stores the one or more units into a file,
acquires one or more units in which an encoded stream generated by encoding point cloud data is stored; and stores the one or more units into a file, wherein the storing includes storing information in control information for the file, the information indicating that data stored in the file is data generated by encoding the point cloud data, the information further indicates an encoding method used in the encoding of the point cloud data out of a first encoding method and a second encoding method,
the file is in conformity with a predetermined file format, and
the file is in conformity with ISO Based Media File Format (ISOBMFF), and
-
the generated encoded stream is stored in different units having different formats when the point cloud is encoded by the first encoding method than when the point cloud is encoded by the second encoding method,
each of the one or more units includes a header and a payload, the payload including encoded data or metadata, the header including information indicating a type of data included in the payload.
each of the different units including a header and a payload, the payload including encoded data or metadata, the header including information indicating a type of data included in the payload.
Although the claims at issue are not identical, they are not patentably distinct from each other in that the instant application is broader in scope and therefore the entire scope of the reference claim falls within the scope of the examined claim.
INSTANT APPLICATION 19/021,520
CLAIM 14
U.S. PATENT 11,477,482 B2
CLAIM 7
A three-dimensional data acquisition device, comprising:
A three-dimensional data acquisition device, comprising:
a processor; and memory, wherein, using the memory, the processor:
a processor; and memory, wherein, using the memory, the processor:
acquires a file storing one or more units in which an encoded information generated by encoding three-dimensional data is stored and which have a format corresponding to an encoding method used in the encoding of the three-dimensional data out of a plurality of encoding methods; and acquires the one or more units from the file,
acquires a file storing one or more units in which an encoded stream generated by encoding point cloud data is stored; and acquires the one or more units from the file, wherein control information for the file includes information indicating that data stored in the file is data generated by encoding the point cloud data, the information further indicates an encoding method used in the encoding of the point cloud data out of a first encoding method and a second encoding method,
the file is in conformity with a predetermined file format, and
the file is in conformity with ISO Based Media File Format (ISOBMFF), and
-
the generated encoded stream is stored in different units having different formats when the point cloud is encoded by the first encoding method than when the point cloud is encoded by the second encoding method,
each of the one or more units includes a header and a payload, the payload including encoded data or metadata, the header including information indicating a type of data included in the payload.
each of the different units including a header and a payload, the payload including encoded data or metadata, the header including information indicating a type of data included in the payload.
Although the claims at issue are not identical, they are not patentably distinct from each other in that the instant application is broader in scope and therefore the entire scope of the reference claim falls within the scope of the examined claim.
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-4, 6-10, and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Lasserre et al. US 2020/0143568 A1, hereafter Lasserre, in view of Cai et al. US 2014/0160241 A1, hereafter Cai.
Regarding claim 1, Lasserre discloses a three-dimensional data storage method (coding and decoding of a colored point cloud representing the geometry and colors of a 3D object) [title], comprising:
acquiring one or more units in which an encoded information generated by encoding three-dimensional data is stored (FIG. 20 shows an example of the syntax of such a signal when data are transmitted over a packet-based transmission protocol. Each transmitted packet P comprises a header H and a payload PAYLOAD; PAYLOAD may comprise at least one of the following elements; bits representative of a 3D and/or 2D path) [0206; 0207; 0210] and which have a format corresponding to an encoding method used in the encoding of the three-dimensional data (the encoder ENC1 is compliant with a legacy encoder such as; ISO/CEI MEPG-4 Part 10) [0096; 0098]; and
storing the one or more units into a file (in accordance with examples of encoding or encoder, the bitstream F1-F2 are sent to a destination…at least one of bitstreams F1-F2 is sent to a storage interface) [0171], wherein the file is in conformity with a predetermined file format (the encoder ENC1 is compliant with a legacy encoder such as; ISO/CEI MEPG-4 Part 10) [0096; 0098], and
each of the one or more units includes a header and a payload (FIG. 20 shows an example of the syntax of such a signal when data are transmitted over a packet-based transmission protocol. Each transmitted packet P comprises a header H and a payload PAYLOAD; PAYLOAD may comprise at least one of the following elements; bits representative of a 3D and/or 2D path) [0206; 0207; 0210], the payload including encoded data or metadata, the header including information indicating a type of data included in the payload (FIG. 20 shows an example of the syntax of such a signal when data are transmitted over a packet-based transmission protocol. Each transmitted packet P comprises a header H and a payload PAYLOAD) [0206].
However, while Lasserre discloses encoding and storing a bitstream with a header and payload for an encoded point cloud in an ISO Based Media File Format [abstract], Lasserre fails to explicitly disclose a format corresponding to an encoding method used in the encoding of the three-dimensional data out of a plurality of encoding methods.
Cai, in an analogous environment, discloses a format corresponding to an encoding method used in the encoding of the three-dimensional data out of a plurality of encoding methods (the bitstream starts with the header…which contains all the necessary information for decoding the compressed video stream…whether the “grouped instance transformation mode” or “separate instance transformation mode” is used in this bitstream) [0034].
Lasserre and Cai are analogous because they are both related to cloud point compression. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the plurality of encoding methods, as disclosed by Cai, with the invention disclosed by Lasserre, the motivation being efficiency [0016].
Regarding claim 2, Lasserre and Cai address all of the features with respect to claim 1 as outlined above.
Cai further discloses the file indicates that data stored in the file is data generated by encoding the three-dimensional data (the bitstream starts with the header…which contains all the necessary information for decoding the compressed video stream…whether the “grouped instance transformation mode” or “separate instance transformation mode” is used in this bitstream) [0034].
Regarding claim 3, Lasserre and Cai address all of the features with respect to claim 1 as outlined above.
Cai further discloses the file indicates the encoding method used in the encoding of the three-dimensional data out of the plurality of encoding methods (the bitstream starts with the header…which contains all the necessary information for decoding the compressed video stream…whether the “grouped instance transformation mode” or “separate instance transformation mode” is used in this bitstream) [0034].
Regarding claim 4, Lasserre and Cai address all of the features with respect to claim 1 as outlined above.
Lasserre further discloses the plurality of encoding methods include a scheme for encoding geometry information representing a position of the three-dimensional data by an N-ary tree (octree-based structure) [abstract], and encoding attribute information with reference to the geometry information (octree-based structure representing geometry of the point cloud) [abstract], where N is an integer equal to or greater than 2 (octree-based structure) [abstract].
Regarding claim 6, Lasserre and Cai address all of the features with respect to claim 1 as outlined above.
Lasserre further discloses the predetermined file format corresponds to ISO Based Media File Format (ISOBMFF) (the encoder ENC1 is compliant with a legacy encoder such as; ISO/CEI MEPG-4 Part 10) [0096; 0098].
Regarding claim 7, Lasserre discloses a three-dimensional data acquisition method (coding and decoding of a colored point cloud representing the geometry and colors of a 3D object) [title], comprising:
acquiring a file (in accordance with examples of encoding or encoder, the bitstream F1-F2 are sent to a destination…at least one of bitstreams F1-F2 is sent to a storage interface; decoding or decoder at least one bitstreams F1-F2 is obtained from a local memory…in a variant, the bitstream is received from a storage interface) [0171; 0172] storing one or more units in which an encoded information generated by encoding three-dimensional data is stored and which have a format corresponding to an encoding method used in the encoding of the three-dimensional data (FIG. 20 shows an example of the syntax of such a signal when data are transmitted over a packet-based transmission protocol. Each transmitted packet P comprises a header H and a payload PAYLOAD; PAYLOAD may comprise at least one of the following elements; bits representative of a 3D and/or 2D path) [0206; 0207; 0210]; and
acquiring the one or more units from the file (decoding…at least one bitstreams F1-F2 is obtained from a source) [0172], wherein the file is in conformity with a predetermined file format (the encoder ENC1 is compliant with a legacy encoder such as; ISO/CEI MEPG-4 Part 10) [0096; 0098], and
each of the one or more units includes a header and a payload, the payload including encoded data or metadata, the header including information indicating a type of data included in the payload (FIG. 20 shows an example of the syntax of such a signal when data are transmitted over a packet-based transmission protocol. Each transmitted packet P comprises a header H and a payload PAYLOAD) [0206].
However, while Lasserre discloses encoding and storing a bitstream with a header and payload for an encoded point cloud in an ISO Based Media File Format [abstract], Lasserre fails to explicitly disclose a format corresponding to an encoding method used in the encoding of the three-dimensional data out of a plurality of encoding methods.
Cai, in an analogous environment, discloses a format corresponding to an encoding method used in the encoding of the three-dimensional data out of a plurality of encoding methods (the bitstream starts with the header…which contains all the necessary information for decoding the compressed video stream…whether the “grouped instance transformation mode” or “separate instance transformation mode” is used in this bitstream) [0034].
Lasserre and Cai are analogous because they are both related to cloud point compression. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the plurality of encoding methods, as disclosed by Cai, with the invention disclosed by Lasserre, the motivation being efficiency [0016].
Regarding claim 8, Lasserre and Cai address all of the features with respect to claim 7 as outlined above.
Cai further discloses the file indicates that data stored in the file is data generated by encoding the three-dimensional data (the bitstream starts with the header…which contains all the necessary information for decoding the compressed video stream…whether the “grouped instance transformation mode” or “separate instance transformation mode” is used in this bitstream) [0034].
Regarding claim 9, Lasserre and Cai address all of the features with respect to claim 7 as outlined above.
Cai further discloses the file indicates the encoding method used in the encoding of the three-dimensional data out of the plurality of encoding methods (the bitstream starts with the header…which contains all the necessary information for decoding the compressed video stream…whether the “grouped instance transformation mode” or “separate instance transformation mode” is used in this bitstream) [0034].
Regarding claim 10, Lasserre and Cai address all of the features with respect to claim 7 as outlined above.
Lasserre further discloses the plurality of encoding methods include a scheme for encoding geometry information representing a position of the three-dimensional data by an N-ary tree (octree-based structure) [abstract], and encoding attribute information with reference to the geometry information (octree-based structure representing geometry of the point cloud) [abstract], where N is an integer equal to or greater than 2 (octree-based structure) [abstract].
Regarding claim 12, Lasserre and Cai address all of the features with respect to claim 7 as outlined above.
Lasserre further discloses the predetermined file format corresponds to ISO Based Media File Format (ISOBMFF) (the encoder ENC1 is compliant with a legacy encoder such as; ISO/CEI MEPG-4 Part 10) [0096; 0098].
Claim 13 is drawn to a device adapted to implement the method of claim 1, and is therefore rejected in the same manner as above. However, the claim also recites a processor and memory, which Lasserre also teaches (processor…computer; memory) [0159; 0161].
Claims 14 is drawn to a device adapted to implement the method of claim 7, and is therefore rejected in the same manner as above. However, the claim also recites a processor and memory, which Lasserre also teaches (processor…computer; memory) [0159; 0161].
Claims 5 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Lasserre and Cai further in view of Beek US 2019/0051017 A1, hereafter Beek.
Regarding claim 5, Lasserre and Cai address all of the features with respect to claim 1 as outlined above.
However, the combination fails to disclose the plurality of encoding methods include a scheme for generating a two-dimensional image from the three-dimensional data, and encoding the two-dimensional image using a video encoding method.
Beek, in an analogous environment, further discloses the plurality of encoding methods include a scheme for generating a two-dimensional image from the three-dimensional data, and encoding the two-dimensional image using a video encoding method (organizes the converted point cloud data into one or more two dimensional (2D) arrays. Data stored in the one or more 2D arrays are compressed to generate a compressed version of the point cloud data; compress as images (PNG, JPEG) 208) [FIG. 2].
Regarding claim 11, Lasserre and Cai address all of the features with respect to claim 7 as outlined above.
However, the combination fails to disclose the plurality of encoding methods include a scheme for generating a two-dimensional image from the three-dimensional data, and encoding the two-dimensional image using a video encoding method.
Beek, in an analogous environment, further discloses the plurality of encoding methods include a scheme for generating a two-dimensional image from the three-dimensional data, and encoding the two-dimensional image using a video encoding method (organizes the converted point cloud data into one or more two dimensional (2D) arrays. Data stored in the one or more 2D arrays are compressed to generate a compressed version of the point cloud data; compress as images (PNG, JPEG) 208) [FIG. 2].
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Carruesco Llornes et al. US 2020/0050175 A1 discloses file format of sub-volume octrees
Zeng et al. US 2018/0117897 A1 discloses octree serialization
Conclusion
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STEFAN GADOMSKI
Primary Examiner
Art Unit 2485
/STEFAN GADOMSKI/Primary Examiner, Art Unit 2485