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 .
Claim Interpretation - 35 USC § 112
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 5-8, 13-16 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 geometry encoder to encode geometry data”; “an attribute encoder to encode attribute data”; “a transmitter to transmit the encoded geometry data” ; “a splitter to partition the geometry data”; “a receiver to receive geometry data”; “a geometry decoder to encode geometry data”; “an attribute decoder to encode attribute data”; in claims 5, 13. The claim limitation uses generic placeholders “geometry encoder, attribute encoder, transmitter, receiver, splitter, geometry decoder, attribute decoder” coupled with functional Language “encode, transmit, receive, split, decode” without reciting sufficient structure and the generic placeholders “geometry encoder, attribute encoder, transmitter, receiver, splitter, geometry decoder, attribute decoder” are not preceded by a structural modifier.
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 § 102
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 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2, 4-6, 8-10, 12-14 and 16 are rejected under 35 U.S.C. 102 (a) (1) as being unpatentable by Zakharchenko et al. (U.S. 2021/0217202 A1).
Regarding Claim 1, Zakharchenko discloses a method (Zakkarchenko, [0005] “a method” comprising:
encoding geometry data of point cloud data (Zakkarchenko, [0208] “FIG. 28. The V-PCC Unit Payload 2808 includes geometry video data 2818. The geometry video data 2818 also includes a set of two 2-D frames, e.g., the near and far layers” and [0212] “The V-PCC encoder generates a segmentation of three-dimensional point cloud data of recorded media based on continuity data of the three-dimensional point cloud data (3002)” and [0218] The V-PCC encoder generates first auxiliary information for the first frame (3010 ) and [0219] The V-PCC encoder generates second auxiliary information for a reference frame (3012)” Zakkarchenko teaches encoding geometry data (e.g., a set of two 2D frames) of 3D point cloud data by the V-PCC encoder;
encoding attribute data of the point cloud data based on the geometry data (Zakkarchenko, [0208] “FIG. 28. The V-PCC Unit Payload 2808 includes attribute video data 2816. The attribute video data 2816 includes a set of two 2-D frames, e.g., the near and far layers” and [0212] “The V-PCC encoder generates a segmentation of three-dimensional point cloud data of recorded media based on continuity data of the three-dimensional point cloud data (3002)” and [0218] The V-PCC encoder generates first auxiliary information for the first frame (3010 ) and [0219] The V-PCC encoder generates second auxiliary information for a reference frame (3012)” Zakkarchenko teaches encoding attribute data (e.g., a set of two 2D frames) of 3D point cloud data by the V-PCC encoder; and
transmitting the encoded geometry data, the encoded attribute data (Zakkarchenko [0208] “FIG. 28. The V-PCC Unit Payload 2808 includes geometry video data 2818, attribute video data 2816. The attribute video data 2816 includes a set of two 2-D frames. The geometry video data 2818 also includes a set of two 2-D frames” and [0138] “a client device transmits one or more frames of point cloud media over a network to another client device, each frame of point cloud media is to be encoded” Zakkarchenko teaches transmitting the encoded geometry data, the encoded attribute data (encoded frames of point cloud media) and signaling data (Zakkarchenko, [0055] “Once the video signal has been partitioned, compressed, and filtered, the resulting data is encoded in a bitstream at step 109” and [0074] “Following the entropy coding, the coded bitstream may be transmitted to another device (e.g., a video decoder) Zakkarchenko teaches transmitting the signaling data.
the encoding geometry data includes:
partitioning the geometry data into blocks for motion compensation based on a partition method (Zakkarchenko, [0050] “The video component contains a series of image frames that, when viewed in a sequence, gives the visual impression of motion” and [0051] “the video is partitioned into blocks. Partitioning includes subdividing the pixels in each frame into square and/or rectangular blocks for compression, partitioning mechanisms vary depending on the content of the video frames” and [0062] “the motion compensation component 219 perform inter-predictive coding of the received video block relative to one or more blocks in one or more reference frames to provide temporal prediction” Zakkarchenko teaches portioning the geometry data (encoded frames) into blocks for motion compensation based on a partition method.
inter-prediction encoding the geometry data by selectively applying the motion compensation to each of the blocks (Zakkarchencho, [0062] “the motion compensation component 219 perform inter-predictive coding of the received video block relative to one or more blocks in one or more reference frames to provide temporal prediction” Zakkarchenko teaches inter-predictive coding the geometry data by selectively applying the motion compensation to each of the blocks.
wherein the signaling data includes information for identifying the partition method and information for identifying a size of a block that is partitioned based on the partition method (Zakkarchenko, [0060] The partitioned video signal 201 is a captured video stream that has been partitioned into blocks of pixels by a coding tree. A coding tree employs various split modes to subdivide a block of pixels into smaller blocks of pixels. These blocks can then be further subdivided into smaller blocks. The divided blocks are referred to as coding units (CUs), employed to partition a node into two, three, or four child nodes, respectively, of varying shapes depending on the split modes employed” Zakkarchenko teaches the signal data is partitioned into blocks of pixel by a coding tree and information to identify blocks are referred to as coding units that employed a size of a block is a node, two, three or four child node, respectively.
wherein the signaling data further includes information that is repeated as many as a number of blocks and the information indicates whether the motion compensation is applied to a corresponding block (Zakkarchenko, [0062] “The partitioned video signal 201 is also sent to the motion compensation component 219 for inter-prediction…the motion compensation component 219 perform inter-predictive coding of the received video block relative to one or more blocks in one or more reference frames to provide temporal prediction” and [0070] “for later use as a reference block which may become a predictive block for another current block, motion compensation component 219 may calculate a reference block by adding the residual block back to a corresponding predictive block for use in motion estimation of a later block/frame” Zakkarchenko teaches information that is repeated as many as a number of blocks (for later use as a reference block which may become a predictive block for another current block), whether the motion compensation is applied to a corresponding block (motion compensation component 219 may calculate a reference block by adding the residual block back to a corresponding predictive block for use in motion estimation of a later block/frame).
wherein the signaling data further includes a geometry parameter set including type information for specifying an encoding type of the geometry data (Zakkarchenko, [0055] Once the video signal has been partitioned, compressed, and filtered, the resulting data is encoded in a bitstream at step 109” and [0146] At that point, the V-PCC encoder projects the patch 3-D bounding box 1504 to the projection plane 1508 of the point cloud 3-D bounding box 1502” and [0209] the patch data group unit types 2812 includes a sequence parameter set 2820, a frame geometry parameter set 2822, geometry patch parameter set 2826, a frame parameter set 2826, a frame attribute parameter set, and an attribute patch parameter set 2830” Zakkarchenko teaches the video signal is encoded in a bitstream corresponding to project the patch 3D bounding box which include geometry parameter set for specifying encoding type of the geometry data e.g., a frame geometry parameter set 2822, geometry patch parameter set 2826.
Regarding Claim 2, Zakkarchenko discloses the method of claim 1, wherein the motion compensation is performed based on a global motion vector obtained by estimating motion between consecutive frames (Zakkarchenko, [0005] “performing motion compensation using the motion vector candidate” and [0062] “Motion estimation component 221 and the motion compensation component 219 perform inter-predictive coding of the received video block relative to one or more blocks in one or more reference frames to provide temporal prediction” and [0063] Motion estimation component 221 and motion compensation component 219 may be highly integrated. Motion estimation, performed by motion estimation component 221, is the process of generating motion vectors, which estimate motion for video blocks” Zakkarchenko teaches the motion compensation is performed based on a global motion vector obtained by estimating motion (by motion estimation component) between consecutive frames relative with blocks.
Regarding Claim 4, Zakkarchenko discloses the method of claim 1, wherein the signaling data further includes information for identifying the number of blocks (Zakkarchenko, [0051] “the video is partitioned into blocks. Partitioning includes subdividing the pixels in each frame into square and/or rectangular blocks for compression. As such, the blocks may be referred to as coding tree units in High Efficiency Video Coding (HEVC)” Zakkarchenko teaches video is partitioned into blocks, each block is referred to a coding tree unit. Therefore, the number of blocks can be identified as a number of coding tree units.
Regarding Claim 5, Zakkarchenko discloses a device (Zakkarchenko, [0006] “apparatus”) comprising:
a geometry encoder (Zakkarchenko [0003] “An encoder”) to encode geometry data of point cloud data;
an attribute encoder (Zakkarchenko [0003] “An encoder”) encode attribute data of the point cloud data based on the geometry data; and
a transmitter (Zakkarchenko [0122] “transmitter units (TX) 1240”) to transmit the encoded geometry data, the encoded attribute data and signaling data,
wherein the geometry encoder includes:
a splitter (Zakkarchenko, [0075] “Encoder 300 partitions an input video signal”) to partition the geometry data that the coordinate system is transformed into blocks for motion compensation based on a partition method, and
an inter-predictor to inter-prediction-encode the geometry data by selectively applying the motion compensation to each of the blocks,
wherein the signaling data includes information for identifying the partition method and information for identifying a size of a block that is partitioned based on the partition method,
wherein the signaling data further includes information that is repeated as many as a number of blocks and the information indicates whether the motion compensation is applied to a corresponding block, and
wherein the signaling data further includes a geometry parameter set including type information for specifying an encoding type of geometry data.
Claim 5 is substantially similar to claim 1 and is rejected based on similar analyses.
Regarding Claim 6, Zakkarchenko discloses the device of claim 5, wherein the motion compensation is performed based on a global motion vector obtained by estimating motion between consecutive frames.
Claim 6 is substantially similar to claim 2 and is rejected based on similar analyses.
Regarding Claim 8, Zakkarchenko discloses the device of claim 5, wherein the signaling data further includes information for identifying the number of blocks.
Claim 8 is substantially similar to claim 4 and is rejected based on similar analyses.
Regarding Claim 9, Zakkarchenko discloses a method (Zakkarchenko, [0005] “a method”) comprising:
receiving geometry data, attribute data, and signaling data.
decoding the geometry data based on the signaling data; and
decoding the attribute data based on the signaling data and the decoded geometry data,
wherein the decoding geometry data includes:
partitioning reference data for the geometry data into blocks for motion compensation based on a partition method, and
inter prediction decoding the geometry data by selectively applying the motion compensation to each of the blocks based on the signaling data,
wherein the signaling data includes information for identifying the partition method and information for identifying a size of a block that is partitioned based on the partition method,
wherein the signaling data further includes information that is repeated as many as a number of blocks and the information indicates whether the motion compensation is applied to a corresponding block, and
wherein the signaling data further includes a geometry parameter set including type information for specifying an encoding type of the geometry data.
Claim 9 is substantially similar to claim 1 and is rejected based on similar analyses.
Regarding Claim 10, Zakkarchenko discloses the method of claim 9, wherein the motion compensation is performed based on a global motion vector obtained by estimating motion between consecutive frames at a transmitting side.
Claim 10 is substantially similar to claim 2 and is rejected based on similar analyses.
Regarding Claim 12, Zakkarchenko discloses the method of claim 9, wherein the signaling data further includes information for identifying the number of blocks.
Claim 12 is substantially similar to claim 2 and is rejected based on similar analyses.
Regarding Claim 13, Zakkarchenko discloses a device (Zakkarchenko, [0006] “apparatus”), comprising:
a receiver (Zakkarchenko, [0122] “receiver units (Rx) 1210”) to receive geometry data, attribute data, and signaling data;
a geometry decoder (Zakkarchenko, [0056] “The decoder”) to decode the geometry data based on the signaling data; and
an attribute decoder to decode the attribute data based on the signaling data and the decoded geometry data,
wherein the geometry decoder includes:
a splitter (Zakkarchenko, [0075] “Encoder 300 partitions an input video signal”) to partition reference data for the geometry data into blocks for motion compensation based on a partition method, and
an inter predictor (Zakkarchenko, [0062] “the motion compensation component 219 for inter-prediction”) to inter prediction decode the geometry data by selectively applying the motion compensation to each of the blocks based on the signaling data,
wherein the signaling data includes information for identifying the partition method and information for identifying a size of a block that is partitioned based on the partition method,
wherein the signaling data further includes information that is repeated as many as a number of blocks and the information indicates whether the motion compensation is applied to a corresponding block, and
wherein the signaling data further includes a geometry parameter set including type information for specifying an encoding type of the geometry data.
Claim 13 is substantially similar to claim 1 and is rejected based on similar analyses.
Regarding Claim 14, Zakkarchenko discloses the device of claim 13, wherein the motion compensation is performed based on a global motion vector obtained by estimating motion between consecutive frames at a transmitting side.
Claim 14 is substantially similar to claim 2 and is rejected based on similar analyses.
Regarding Claim 16, Zakkarchenko discloses the device of claim 13, wherein the signaling data further includes information for identifying the number of blocks.
Claim 16 is substantially similar to claim 4 and is rejected based on similar analyses.
Claims 3, 7, 11, 15 are rejected under 35 U.S.C. 103 as being unpatentable by Zakkarchenko et al. (U.S. 2021/0217202 A1) in view of Hamza et al. (U.S. 2022/0166814 A1).
Regarding Claim 3, the method of claim 1, Zakkarchenko does not explicitly teach wherein the point cloud data is captured by a LiDAR including one or more lasers.
However, Hamza teaches the point cloud data is captured by a LiDAR including one or more lasers (Hamza, [0001] “Light Detection and Ranging (LiDAR) laser scanners are also commonly used for capturing point clouds” Hamza teaches the point cloud data is capture by a LiDAR laser scanner.
Zakkarchenko and Hamza are combinable because they are from the same field of endeavor, system and method for image processing and try to solve similar problems. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made for modifying the method of Zakkarchenko to combine with a LiDAR laser scanner (as taught by Hamza) in order to capture the point cloud data by a LiDAR including lasers because Hamza can provide the point cloud data is capture by a LiDAR laser scanners (Hamza, [0001]). Doing so, it may provide efficient representation, and compression is essential for storing and transmitting point cloud data (Hamza, [0001]).
Regarding Claim 7, a combination of Zakkarchenko and Hamza discloses the device of claim 5, wherein the point cloud data is captured by a LiDAR including one or more lasers.
Claim 7 is substantially similar to claim 3 and is rejected based on similar analyses.
Regarding Claim 11, a combination of Zakkarchenko and Hamza discloses the method of claim 9, wherein point cloud data including the geometry data and the attribute data is captured by a LiDAR including one or more lasers at the transmitting side.
Claim 11 is substantially similar to claim 3 and is rejected based on similar analyses.
Regarding Claim 15, a combination of Zakkarchenko and Hamza discloses the device of claim 13, wherein point cloud data including the geometry data and the attribute data is captured by a LiDAR including one or more lasers at the transmitting side.
Claim 15 is substantially similar to claim 3 and is rejected based on similar analyses.
Conclusion
The prior arts made of record and not relied upon are considered pertinent to applicant's disclosure Iguchi et al. (U.S. 2024/0303868A1) and Yea et al. (U.S 2023/0015039 A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHOA VU whose telephone number is (571)272-5994. The examiner can normally be reached 8:00- 4:00.
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, Kee Tung can be reached at 571-272-7794. 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.
/KHOA VU/Examiner, Art Unit 2611
/KEE M TUNG/Supervisory Patent Examiner, Art Unit 2611
Prosecution Insights