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, 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.
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/14/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 14 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
The claims are drawn to a “computer readable medium”. The specification is silent regarding the meaning of this term. Thus, applying the broadest reasonable interpretation in light of the specification and taking into account the meaning of the words in their ordinary usage they would be understood by one of ordinary skill in the art (MPEP 2111), the claim as a whole covers both the transitory and non-transitory media. A transitory medium does not fall into any of the 4 categories of invention (Process, Machine, Manufacture, or composition of matter). The applicants are respectfully suggested to amend claims to read as “a non-transitory” computer readable medium…” to over the 35 USC 101 rejection.
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 (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 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.
Claim 14 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al. (US20230217028) (hereinafter Zhang).
Regarding claim 14, claim 14 claims a product by process claim limitation where the product is the bitstream and the process is the method steps to generate the bitstream. MPEP §2113 recites “Product-by-Process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps”. Thus, the scope of the claim is the storage medium storing the bitstream (with the structure implied by the method steps). The structure includes the information and samples manipulated by the steps.
“To be given patentable weight, the printed matter and associated product must be in a functional relationship. A functional relationship can be found where the printed matter performs some function with respect to the product to which it is associated”. MPEP §2111.05(I)(A). When a claimed “computer-readable medium merely serves as a support for information or data, no functional relationship exists. MPEP §2111.05(III).
The memory storing the claimed bitstream in claim 15 merely services as a support for the storage of the bitstream and provides no functional relationship between the stored bitstream and storage medium. Therefore, the bitstream, which scope is implied by the method steps, is non-functional descriptive material and given no patentable weight. MPEP §2111.05(III). Thus, the claim scope is just a storage medium storing data and is anticipated by Zhang which recites a storage medium storing a bitstream.
Zhang discloses, a computer-readable recording medium storing a bitstream (0025, claim 72; storing a bitstream).
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 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US20230217028) (hereinafter Zhang) in view of Kang et al. (US20220210435) (hereinafter Kang).
Regarding claim 1, Zhang discloses an image data processing method performed by a receiving apparatus, comprising:
obtaining latent space data of an image from a bitstream [0083-0093; recovering latent data from bitstream].
decoding the latent space data, wherein based on information related to a decoding scope of the image, at least one of the decoded latent space data or reconstructed data of the image is selectively output [0082-0093; performing coding on data including latent represented data and outputting].
Zhang discloses the limitations of the claim. However, Zhang does not explicitly disclose at least one of the decoded latent space data or reconstructed data of the image is selectively output.
Kang more explicitly discloses at least one of the decoded latent space data or reconstructed data of the image is selectively output [Figs. 1-2, 15-16, 0062-0077; reconstructing video data by adding predicted feature map to residual feature map and outputting].
It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teachings of Zhang with the teachings of Kang as stated above. By incorporating the teachings as such machine vision data processing with reduced costs while providing information necessary to operate a system for machine vision with higher accuracy is achieved (see Kang 0010-0011).
Regarding claim 2, Zhang discloses wherein the information related to the decoding scope includes latent space coding activation information representing whether only the latent space data can be used as a decoding object [0092-0098; using a variety of models in machine coding with dynamic selection of coding parameters].
Regarding claim 3, Zhang discloses wherein the information related to the decoding scope includes prediction domain information representing a reference and prediction scope for decoding of the latent space data [0071-0078; generating list of prediction candidates using spatial and temporal data].
Regarding claim 4, Zhang discloses wherein the prediction domain includes a first prediction domain that is restricted to refer only to the latent space data, a second prediction domain that is restricted to refer only to a pre-reconstructed image, and a third prediction domain that can refer to both the latent space data and the pre-reconstructed image [0043-0049, 0071-0079, 0082-0093; coding operations performed using data acquired from various parameters including preliminary reconstructed data].
Regarding claim 5, Zhang discloses wherein a value of the prediction domain information is determined based on whether only the latent space data can be used as a decoding object [0043-0045, 0071-0078, 0083-0093; selecting prediction domain and performing coding].
Regarding claim 6, Zhang discloses wherein the information related to the decoding scope has a decoding control information (DCI) network abstraction layer (NAL) unit type [0038-0045,; related coding information including a variety of formats].
Regarding claim 7, Zhang discloses wherein the information related to the decoding scope of the image includes output level information representing the output object [0043-0045, 0071-0078, 0083-0093; combining and outputting video data that is reconstructed].
Regarding claim 8, Zhang discloses wherein based on the decoding scope of the image being not a latent space level, the method further includes reconstructing the image based on the decoded latent space data [0043-0045, 0071-0078, 0083-0093; reconstructing video data].
Regarding claim 9, Zhang discloses the limitations of the claim. However, Zhang does not explicitly disclose wherein based on that the decoding scope of the image cannot be designated, the method further includes receiving a new bitstream, and wherein obtaining and decoding the latent space data are performed based on the new bitstream.
Kang more explicitly discloses wherein based on that the decoding scope of the image cannot be designated, the method further includes receiving a new bitstream, and wherein obtaining and decoding the latent space data are performed based on the new bitstream [0078, 0095-0105; coding parameters are updated and transmitted].
It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teachings of Zhang with the teachings of Kang for the same reasons as stated above.
Regarding claim 10, Zhang discloses an image data processing method performed by a transmitting apparatus, comprising: obtaining latent space data of an image [0083-0093; recovering latent data from bitstream].
encoding the latent space data, wherein information related to a decoding scope of the image is encoded in a bitstream, wherein based on the information related to the decoding scope, at least one of decoded data of the latent space data or reconstructed data of the image is selectively output by a receiving device decoding the latent space data, wherein based on information related to a decoding scope of the image, at least one of the decoded latent space data or reconstructed data of the image is selectively output [0082-0093; performing coding on data including latent represented data and outputting].
Zhang discloses the limitations of the claim. However, Zhang does not explicitly disclose at least one of the decoded latent space data or reconstructed data of the image is selectively output.
Kang more explicitly discloses at least one of the decoded latent space data or reconstructed data of the image is selectively output [Figs. 1-2, 15-16, 0062-0077; reconstructing video data by adding predicted feature map to residual feature map and outputting].
It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teachings of Zhang with the teachings of Kang as stated above. By incorporating the teachings as such machine vision data processing with reduced costs while providing information necessary to operate a system for machine vision with higher accuracy is achieved (see Kang 0010-0011).
Regarding claim 11, Zhang discloses wherein the information related to the decoding scope includes latent space coding activation information representing whether only the latent space data can be used as a decoding object [0092-0098; using a variety of models in machine coding with dynamic selection of coding parameters].
Regarding claim 12, Zhang discloses wherein the information related to the decoding scope includes prediction domain information representing a reference and prediction scope for decoding of the latent space data [0071-0078; generating list of prediction candidates using spatial and temporal data].
Regarding claim 13, Zhang discloses wherein the information related to the decoding scope of the image includes output level information representing the selective output object [0043-0045, 0071-0078, 0083-0093; selecting prediction domain and performing coding].
Regarding claim 14, Zhang discloses a computer-readable recording medium storing a bitstream generated by the image data processing method [0025, 0043-0051; storing bitstream data].
Regarding claim 15, Zhang discloses a method for transmitting a bitstream generated by an image data processing method, the image data processing method comprising: obtaining latent space data of an image [0083-0093; recovering laten data from bitstream].
encoding the latent space data, wherein information related to a decoding scope of the image is encoded in a bitstream, and wherein based on the information related to the decoding scope, at least one of decoded data of the latent space data or reconstructed data of the image is selectively output by a receiving device [0082-0093; performing coding on data including latent represented data and outputting].
Zhang discloses the limitations of the claim. However, Zhang does not explicitly disclose at least one of the decoded latent space data or reconstructed data of the image is selectively output.
Kang more explicitly discloses at least one of the decoded latent space data or reconstructed data of the image is selectively output [Figs. 1-2, 15-16, 0062-0077; reconstructing video data by adding predicted feature map to residual feature map and outputting].
It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teachings of Zhang with the teachings of Kang as stated above. By incorporating the teachings as such machine vision data processing with reduced costs while providing information necessary to operate a system for machine vision with higher accuracy is achieved (see Kang 0010-0011).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TALHA M NAWAZ whose telephone number is (571)270-5439. The examiner can normally be reached Flex, M-R 6:30am-3:30pm; F 8:30am-12:30pm.
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, Joe G Ustaris can be reached at 571-272-7383. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TALHA M NAWAZ/Primary Examiner, Art Unit 2483
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