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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e).
Failure to provide a certified translation may result in no benefit being accorded for the non-English application.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 05/24/2025 and 09/29/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements is being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a first acquisition module configured to” in claim 10;
“a reading module configured to” in claim 10; and
“a replacement and coding module configured to” in claim 10.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-10 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 claims contain 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.
Claims 1 and 10 recite “acquiring an estimated motion vector between a current coded image block and a reference frame coded image block and a position number of the estimated motion vector; reading merge motion vector information corresponding to the position number from a target merge table according to the position number of the estimated motion vector”. In using the term “position number”, the claim limitations include a case indicating all the numbers with respect to where the estimated motion vector is located which summarizes a wider range of protection than what is supported by Applicant’s disclosure. Paragraph [0080] of the filed disclosure indicates “…the server acquires the estimated motion vector between the current coded image block and the reference frame coded image block. The current coded image block is located in a current frame of image. Generally, the integer pixel search may be performed in the range of 8*8, and 64 estimated motion vectors may be obtained. Each estimated motion vector corresponds to a position number. A position of each estimated motion vector may be determined according to the position number. For example, taking an upper left corner as an origin of a coordinate axis, the abscissa (X-axis) is 1 to 8 sequentially from left to right, and the ordinate (Y-axis) is 1 to 8 sequentially from top to bottom. The position number of each estimated motion vector may be represented by (X, Y) coordinates or identified by other symbols. For example, in the range of 8*8, the first row may be denoted as A1 to A8, the second line row may be denoted as B1 to B8, and so on, to identify the position numbers of the 64 estimated motion vectors. The position number may be in any reasonable form, which is not specifically limited herein.” That is to say, the filed disclosure supports that the position number of each estimated motion vector is expressed as a coordinate indicating the position of the estimated motion vector in the search range. Accordingly, a person skilled in the art would be unable to foresee other ways than the embodiments of the present disclosure that incorporate the above features to solve the technical problem at hand (e.g., By the position number of the estimated motion vector indicating the index position in the list where the estimated motion vector is located). The corresponding dependent claims do not cure these deficiencies.
Claim 4 recites “marking the position numbers of the first number of estimated motion vectors as the merge motion vector information; and marking the position numbers of the second number of estimated motion vectors as the merge motion vector information”, however, the embodiments given in the filed disclosure state “All merge candidate vector information in the candidate list within the search range has been pre-stored in the target merge table. In the case where the target motion vector candidate information is not the last one, the server first builds an empty table with the same size search range. The server keeps the cand_mv1 to an empty table, taking as an index the position number of the estimated motion vector in the neighborhood of cand_mv1, resulting in an initial merge table; the server updates the cand_mv2 to the initial merge table by indexing the position number of the first estimated motion vector and the position number of the second estimated motion vector after iteration within the cand_mv2 neighborhood; the server updates the cand_mv3 to the initial merge table, taking as an index the position number of the first estimated motion vector and the position number of the second estimated motion vector after iteration within the cand_mv3 neighborhood. Until the last cand_mv has been updated the target merge table is obtained”. That is to say, the filed disclosure does not support the position number of the estimated motion vector being referred to as merge motion vector information. The corresponding dependent claims do not cure these deficiencies.
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 1-10 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.
Claims 1 and 10 recite “reading merge motion vector information corresponding to the position number from a target merge table according to the position number of the estimated motion vector; the target merge table comprising a relationship between position numbers of estimated motion vectors and merge motion vector information corresponding to the position numbers of the estimated motion vectors; replacing the estimated motion vector corresponding to the position number with the merge motion vector information, and coding the merge motion vector information”. The claims do not define the meaning of “merged motion vector information” and after applying the broadest reasonable interpretation consistent with the specification the metes and bounds of the claimed invention are not clear. For example, what is the relevant “merge motion vector information” read from the target merge table? What relevant “merge motion vector information” replaces the estimated motion vector? What relevant “merge motion vector information” is coded? The language of the claim is such that a person of ordinary skill in the art would read it with more than one reasonable interpretation because merge motion vector information is a well-known term and encompasses all cases that can be considered as merge motion vector information. Accordingly, the claims are indefinite. The corresponding dependent claims do not cure these deficiencies.
Claim 5 recites “sequentially acquiring the target candidate motion vector information and position numbers of estimated motion vectors in the neighborhood of the target candidate motion vector information in order of numbers; acquiring position numbers of estimated motion vectors in a neighborhood of historical candidate motion vector information of the target candidate motion vector information; determining whether the position numbers of the estimated motion vectors in the neighborhood of the target candidate motion vector information are the same as the position numbers of the estimated motion vectors in the neighborhood of the historical candidate motion vector information, and if the position numbers are the same, taking the estimated motion vectors that overlap as first estimated motion vectors”. The claim does not define the meaning of “historical motion candidate information” and after applying the broadest reasonable interpretation consistent with the specification the metes and bounds of the claimed invention are not clear. The language of the claim is such that a person of ordinary skill in the art would read it with more than one reasonable interpretation because “historical motion candidate information” is a well-known term and encompasses all cases that can be considered as historical motion vector candidate information. Accordingly, the claim is indefinite. The corresponding dependent claims do not cure these deficiencies.
Claim 10 is 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.
Claim limitations “a first acquisition module configured to, a reading module configured to, and a replacement and coding module” invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed functions and to clearly link the structure, material, or acts to the functions. For computer-implemented means-plus-function claim limitations, a corresponding algorithm associated with a computer or microprocessor is required. See MPEP 2181 (II)(B). The disclosure is devoid of any sufficient structure that is associated with a computer or microprocessor to perform the functions of the claim limitations listed above. Mere references to a general purpose computer or microprocessor with appropriate programming without providing an explanation of the appropriate programming, or simply reciting "software" without providing detail about the means to accomplish a specific software function, is not an adequate disclosure of the corresponding structure. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Allowable Subject Matter
Claims 1 and 10 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(a) and 35 U.S.C. 112(b), set forth in this Office action.
Claims 4-5 would be allowable if rewritten to overcome the rejection(s) 35 U.S.C. 112(a) and 35 U.S.C. 112(b), set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 2-3 and 6-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES M ANDERSON II whose telephone number is (571)270-1444. The examiner can normally be reached Monday - Friday 10AM-6PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BRIAN PENDLETON can be reached at 571-272-7527. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/James M Anderson II/Primary Examiner, Art Unit 2425