DETAILED ACTION
1. The communication is in response to the application received 05/16/2025, wherein claims 1-20 are pending and are examined as follows. This is a continuation of 17/929,514 (now U.S. Patent No. 12,323,595), which is a continuation of 17/249,042 (now U.S. Patent No. 11,470,321), which is a continuation of 16/736,649 (now U.S. Patent No. 10,958,908).
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
3. The information disclosure statement (IDS) was submitted on 08/04/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
4. 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 claims at issue 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); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321I or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, 5, 6, 10, 12, 17, and 18 of U.S. Patent No. 10,958,908 B2, hereinafter referred to as 908. Although the claims at issue are not identical, they are not patentably distinct from each other because the patented claims anticipate the claims in the Instant Application, where both claim sets are directed to processing media content using neural networks based on a determined textural/spatial characteristic of a block of a frame. The claim mapping between claim sets is shown in table 1 below for reference.
Claims 1-20 are further rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 4, 5, 7, 8, 20, and 21 of U.S. Patent No. 11,470,321 B2, hereinafter referred to as 321. Although the claims at issue are not identical, they are not patentably distinct from each other because the patented claims anticipate the claims in the Instant Application, where both claim sets are directed to processing media content using neural networks based on a determined textural/spatial characteristic of a block of a frame. The claim mapping between claim sets is shown in table 2 below for reference.
Claims 1, 2, 4, 6-9, 11, 13-16, 18, and 20 are further rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, and 7 of U.S. Patent No. 12,323,595 B2, hereinafter referred to as 595. Although the claims at issue are not identical, they are not patentably distinct from each other because the patented claims anticipate the claims in the Instant Application, where both claim sets are directed to processing media content using neural networks based on a determined textural/spatial characteristic of a block of a frame. The claim mapping between claim sets is shown in table 3 below for reference.
Table 1
**Note: The items below that are BOLD/UNDERLINED in the Instant Application/Co-pending Application, respectively, indicate differences in the claim limitation.
Instant Application 19/210,862
US Patent No. 10,958,908 B2
Claim 1
A method comprising: accessing a plurality of frames; partitioning a frame of the plurality of frames into a plurality of blocks; determining, using one or more neural networks, that content of a block of the frame has a textural [See claim 4 of 908, i.e. “one or more spatial characteristics of the content in the particular region of the frame comprises one or more textures”] characteristic; and setting, based on the determination that the content of the block of the frame has the textural [See claim 4 of 908, i.e. “one or more spatial characteristics of the content in the particular region of the frame comprises one or more textures”] characteristic, a value associated with a residual signal associated with the block of the frame to be smaller than the value would have been had the block not had the textural [See claim 4 of 908, i.e. “one or more spatial characteristics of the content in the particular region of the frame comprises one or more textures”] characteristic. [See claim 5-6 of 908 for support regarding “setting…a value…”, i.e. “setting the inter-picture prediction residual signal associated with the particular region of the frame to zero”]
Claim 1
A method comprising: accessing, at an encoder, a plurality of frames of a media file; partitioning, at the encoder, a frame of the plurality of frames of the media file into a plurality of coding units associated with the frame; generating, at the encoder and based on encoding data associated with one or more frames of the media file prior to the frame, a plurality of prediction units associated with the plurality of coding units associated with the frame; determining, at the encoder, based on the plurality of prediction units associated with the plurality of coding units associated with the frame, and using one or more neural networks analyzing one or more spatial characteristics of content of the frame, that a particular region of the frame can be encoded using one or more first encoding characteristics that are different than second encoding characteristics of one or more other particular regions of the frame; and allocating, at the encoder and based on the one or more first encoding characteristics and the one or more second encoding characteristics, lower encoding resources for one or more motion vectors associated with the particular region of the frame than to encoding resources for one or more motion vectors associated with the one or more other particular regions of the frame.
Claim 4
The method of claim 1, wherein determining that the particular region of the frame can be encoded using one or more first encoding characteristics that are different than the second encoding characteristics of the one or more other particular regions of the frame comprises determining that the one or more spatial characteristics of the content in the particular region of the frame comprises one or more textures that are different from one or more textures in the one or more other particular regions of the frame.
Claim 5
The method of claim 1, wherein the one or more motion vectors associated with the particular region of the frame comprise an inter-picture prediction residual signal.
Claim 6
The method of claim 5, wherein allocating the lower encoding resources for the one or more motion vectors associated with the particular region of the frame comprises setting the inter-picture prediction residual signal associated with the particular region of the frame to zero.
Claim 2
The method of claim 1, wherein the setting the value associated with the residual signal associated with the block of the frame to be smaller than the value would have been had the block not had the textural characteristic comprises setting the value associated with the residual signal to zero.
Claim 5
The method of claim 1, wherein the one or more motion vectors associated with the particular region of the frame comprise an inter-picture prediction residual signal.
Claim 6
The method of claim 5, wherein allocating the lower encoding resources for the one or more motion vectors associated with the particular region of the frame comprises setting the inter-picture prediction residual signal associated with the particular region of the frame to zero.
Claim 3
The method of claim 1, wherein motion in a region associated with the block between the frame and a previous frame is below a Just Noticeable Difference of the Human Visual System.
Claim 10
The method of claim 1, wherein motion in the particular region between the frame and a previous frame is below a Just Noticeable Difference of the Human Visual System.
Claim 4
The method of claim 1, further comprising training the one or more neural networks to identify one or more textural characteristics of content.
Claim 12
The method of claim 1, further comprising training the one or more neural networks to identify various spatial characteristics of content.
Claim 5
The method of claim 1, wherein the plurality of blocks is a plurality of prediction units, and the block of the frame having the textural characteristic is a particular prediction unit.
Claim 17
“that content of a particular block of the frame has a particular spatial characteristic”
Claim 18
“wherein the plurality of blocks are a plurality of prediction units, and the particular block is a particular prediction unit.”
Claim 6
The method of claim 1, wherein the residual signal associated with the block of the frame is an inter picture prediction residual signal associated with the block of the frame.
Claim 5
The method of claim 1, wherein the one or more motion vectors associated with the particular region of the frame comprise an inter-picture prediction residual signal.
Claim 7
The method of claim 1, further comprising encoding, based on setting the value associated with the residual signal associated with the block of the frame to be smaller than the value would have been had the block not had the textural characteristic, the frame.
Claims 1, 5, and 6
Claim 6, in particular discloses “wherein allocating the lower encoding resources for the one or more motion vectors associated with the particular region of the frame comprises setting the inter-picture prediction residual signal associated with the particular region of the frame to zero.”
Claim 8
Similar to claim 1 above
See claims 1, 4, 5, and 6 of 908
Claim 9
Similar to claim 2 above
See claims 5-6 of 908
Claim 10
Similar to claim 3 above
See claim 10 of 908
Claim 11
Similar to claim 4 above
See claim 12 of 908
Claim 12
Similar to claim 5 above
See claims 17-18 of 908
Claim 13
Similar to claim 6 above
See claim 5 of 908
Claim 14
Similar to claim 7 above
See claims 1, 5, and 6 of 908
Claim 15
Similar to claim 1 above
See claims 1, 4, 5, and 6 of 908
Claim 16
Similar to claim 2 above
See claims 5-6 of 908
Claim 17
Similar to claim 3 above
See claim 10 of 908
Claim 18
Similar to claim 4 above
See claim 12 of 908
Claim 19
Similar to claim 5 above
See claims 17-18 of 908
Claim 20
Similar to claim 6 above
See claim 5 of 908
Table 2
**Note: The items below that are BOLD/UNDERLINED in the Instant Application/Co-pending Application, respectively, indicate differences in the claim limitation.
Instant Application 19/210,862
US Patent No. 11,470,321 B2
Claim 1
A method comprising: accessing a plurality of frames; partitioning a frame of the plurality of frames into a plurality of blocks; determining, using one or more neural networks, that content of a block of the frame has a textural [See claim 3 of 321, i.e. “determining that the one or more spatial characteristics of the content in the region of the frame comprises one or more textures”] characteristic; and setting, based on the determination that the content of the block of the frame has the textural [See claim 3 of 321, i.e. “determining that the one or more spatial characteristics of the content in the region of the frame comprises one or more textures”] characteristic, a value associated with a residual signal associated with the block of the frame to be smaller than the value would have been had the block not had the textural [See claim 3 of 321, i.e. “determining that the one or more spatial characteristics of the content in the region of the frame comprises one or more textures”] characteristic. [See claims 4-5 of 321 for support regarding “setting…a value…”, i.e. “setting the inter-picture prediction residual signal associated with the particular region of the frame to zero”]
Claim 1
A non-transitory computer-readable medium storing instructions that, when executed, cause: accessing a plurality of frames of a media file; partitioning a frame of the plurality of frames of the media file into a plurality of coding units associated with the frame; generating, based on encoding data associated with one or more frames of the media file prior to the frame, a plurality of prediction units associated with the plurality of coding units associated with the frame; determining, based on the plurality of prediction units associated with the plurality of coding units associated with the frame, and using one or more neural networks analyzing one or more spatial characteristics of content of the frame, that a region of the frame can be encoded using one or more first encoding characteristics that are different than second encoding characteristics of one or more other regions of the frame; and allocating, based on the one or more first encoding characteristics and the one or more second encoding characteristics, lower encoding resources for one or more motion vectors associated with the region of the frame than to encoding resources for one or more motion vectors associated with the one or more other regions of the frame.
Claim 3
The non-transitory computer-readable medium of claim 1, wherein the instructions, when executed, cause determining that the region of the frame can be encoded using one or more first encoding characteristics that are different than the second encoding characteristics of the one or more other regions of the frame by determining that the one or more spatial characteristics of the content in the region of the frame comprises one or more textures that are different from one or more textures in the one or more other regions of the frame.
Claim 4
The non-transitory computer-readable medium of claim 1, wherein an inter-picture prediction residual signal comprises the one or more motion vectors associated with the region of the frame.
Claim 5
The non-transitory computer-readable medium of claim 4, wherein the instructions, when executed, cause allocating the lower encoding resources for one or more motion vectors associated with the region of the frame than to encoding resources for one or more motion vectors associated with the one or more other regions of the frame by setting the inter-picture prediction residual signal associated with the region of the frame to zero.
Claim 2
The method of claim 1, wherein the setting the value associated with the residual signal associated with the block of the frame to be smaller than the value would have been had the block not had the textural characteristic comprises setting the value associated with the residual signal to zero.
Claim 4
The non-transitory computer-readable medium of claim 1, wherein an inter-picture prediction residual signal comprises the one or more motion vectors associated with the region of the frame.
Claim 5
The non-transitory computer-readable medium of claim 4, wherein the instructions, when executed, cause allocating the lower encoding resources for one or more motion vectors associated with the region of the frame than to encoding resources for one or more motion vectors associated with the one or more other regions of the frame by setting the inter-picture prediction residual signal associated with the region of the frame to zero.
Claim 3
The method of claim 1, wherein motion in a region associated with the block between the frame and a previous frame is below a Just Noticeable Difference of the Human Visual System.
Claim 7
The non-transitory computer-readable medium of claim 1, wherein motion in the region between the frame and a previous frame is below a Just Noticeable Difference of the Human Visual System.
Claim 4
The method of claim 1, further comprising training the one or more neural networks to identify one or more textural [See claim 21 of 321] characteristics of content.
Claim 20
The non-transitory computer-readable medium of claim 17, further comprising training the one or more neural networks to identify various spatial characteristics of content.
Claim 21
The non-transitory computer-readable medium of claim 17, wherein the spatial characteristic is a texture.
Claim 5
The method of claim 1, wherein the plurality of blocks is a plurality of prediction units, and the block of the frame having the textural characteristic is a particular prediction unit. [if the plurality of blocks is a plurality of prediction units, then having a block with a textural/spatial characteristic being a particular prediction unit is deemed within the level of skill in the art]
Claim 8
The non-transitory computer-readable medium of claim 1, wherein each of the plurality of coding units comprises one or more of the plurality of prediction units.
Claim 6
The method of claim 1, wherein the residual signal associated with the block of the frame is an inter picture prediction residual signal associated with the block of the frame.
Claim 4
The non-transitory computer-readable medium of claim 1, wherein an inter-picture prediction residual signal comprises the one or more motion vectors associated with the region of the frame.
Claim 7
The method of claim 1, further comprising encoding, based on setting the value associated with the residual signal associated with the block of the frame to be smaller than the value would have been had the block not had the textural characteristic, the frame.
Claim 4
The non-transitory computer-readable medium of claim 1, wherein an inter-picture prediction residual signal comprises the one or more motion vectors associated with the region of the frame.
Claim 5
The non-transitory computer-readable medium of claim 4, wherein the instructions, when executed, cause allocating the lower encoding resources for one or more motion vectors associated with the region of the frame than to encoding resources for one or more motion vectors associated with the one or more other regions of the frame by setting the inter-picture prediction residual signal associated with the region of the frame to zero.
Claim 8
Similar to claim 1 above
See claims 1, 3, 4, and 5 of 321
Claim 9
Similar to claim 2 above
See claims 4 and 5 of 321
Claim 10
Similar to claim 3 above
See claim 7 of 321
Claim 11
Similar to claim 4 above
See claims 20-21 of 321
Claim 12
Similar to claim 5 above
See claim 8 of 321
Claim 13
Similar to claim 6 above
See claim 4 of 321
Claim 14
Similar to claim 7 above
See claims 4 and 5 of 321
Claim 15
Similar to claim 1 above
See claims 1, 3, 4, and 5 of 321
Claim 16
Similar to claim 2 above
See claims 4 and 5 of 321
Claim 17
Similar to claim 3 above
See claim 7 of 321
Claim 18
Similar to claim 4 above
See claims 20-21 of 321
Claim 19
Similar to claim 5 above
See claim 8 of 321
Claim 20
Similar to claim 6 above
See claim 4 of 321
Table 3
**Note: The items below that are BOLD/UNDERLINED in the Instant Application/Co-pending Application, respectively, indicate differences in the claim limitation.
Instant Application 19/210,862
US Patent No. 12,323,595 B2
Claim 1
A method comprising: accessing a plurality of frames; partitioning a frame of the plurality of frames into a plurality of blocks; determining, using one or more neural networks, that content of a block of the frame has a textural characteristic; and setting, based on the determination that the content of the block of the frame has the textural characteristic, a value associated with a residual signal associated with the block of the frame to be smaller than the value would have been had the block not had the textural characteristic. [See claim 7 of 595 regarding “a value…”, i.e. “setting an inter-picture prediction residual signal associated with the first block of the frame to zero”]
Claim 1
A method comprising: accessing a plurality of frames; partitioning a frame of the plurality of frames into a plurality of blocks; determining, using one or more neural networks analyzing one or more textural characteristics of content of the frame, that content of a first block has a textural characteristic and that content of a second block does not have the textural characteristic; and allocating, based on determining that the content of the first block has the textural characteristic and that content of the second block does not have the textural characteristic, lower encoding resources for the first block of the frame and higher encoding resources for a second block of the frame.
Claim 7
The method of claim 1, wherein allocating the lower encoding resources for the first block of the frame comprises setting an inter-picture prediction residual signal associated with the first block of the frame to zero.
Claim 2
The method of claim 1, wherein the setting the value associated with the residual signal associated with the block of the frame to be smaller than the value would have been had the block not had the textural characteristic comprises setting the value associated with the residual signal to zero.
Claim 1
“based on determining that the content of the first block has the textural characteristic and that content of the second block does not have the textural characteristic, lower encoding resources for the first block of the frame and higher encoding resources for a second block of the frame.”
Claim 7
The method of claim 1, wherein allocating the lower encoding resources for the first block of the frame comprises setting an inter-picture prediction residual signal associated with the first block of the frame to zero.
Claim 3
The method of claim 1, wherein motion in a region associated with the block between the frame and a previous frame is below a Just Noticeable Difference of the Human Visual System.
Not in 595
Claim 4
The method of claim 1, further comprising training the one or more neural networks to identify one or more textural characteristics of content. [Training a neural network is within the level of skill in the art]
Claim 4
The method of claim 1, wherein the first block of the frame is determined automatically using the one or more neural networks analyzing one or more textural characteristics of the frame.
Claim 5
The method of claim 1, wherein the plurality of blocks is a plurality of prediction units, and the block of the frame having the textural characteristic is a particular prediction unit.
[if the plurality of blocks is a plurality of prediction units, then having a block with a textural/spatial characteristic being a particular prediction unit is deemed within the level of skill in the art]
Not in 595
Claim 6
The method of claim 1, wherein the residual signal associated with the block of the frame is an inter picture prediction residual signal associated with the block of the frame.
Claim 7
The method of claim 1, wherein allocating the lower encoding resources for the first block of the frame comprises setting an inter-picture prediction residual signal associated with the first block of the frame to zero.
Claim 7
The method of claim 1, further comprising encoding, based on setting the value associated with the residual signal associated with the block of the frame to be smaller than the value would have been had the block not had the textural characteristic, the frame.
Claim 7
The method of claim 1, wherein allocating the lower encoding resources for the first block of the frame comprises setting an inter-picture prediction residual signal associated with the first block of the frame to zero.
Claim 8
Similar to claim 1 above
See claim 1 and 7 of 595
Claim 9
Similar to claim 2 above
See claim 1 and 7 of 595
Claim 10
Similar to claim 3 above
Not in 595
Claim 11
Similar to claim 4 above
See claim 4 of 595
Claim 12
Similar to claim 5 above
Not in 595
Claim 13
Similar to claim 6 above
See claim 7 of 595
Claim 14
Similar to claim 7 above
See claim 7 of 595
Claim 15
Similar to claim 1 above
See claim 1 and 7 of 595
Claim 16
Similar to claim 2 above
See claim 1 and 7 of 595
Claim 17
Similar to claim 3 above
Not in 595
Claim 18
Similar to claim 4 above
See claim 4 of 595
Claim 19
Similar to claim 5 above
Not in 595
Claim 20
Similar to claim 6 above
See claim 7 of 595
Claim Rejections - 35 USC § 112
5. 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 1-20 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.
Regarding Claim 1, Claim 1 recites the limitation “and setting, based on the determination that the content of the block of the frame has the textural characteristic, a value associated with a residual signal associated with the block of the frame to be smaller than the value would have been had the block not had the textural characteristic” (emphasis added), however, the term “residual signal”, as claimed, is not clearly defined which makes it difficult to ascertain the meaning of a value associated with the “residual signal” being smaller for a block of a frame that has texture versus it not having texture.
Regarding Claims 8 and 15, Claims 8 and 15 recite similar limitation as Claim 1 above. Thus, for this reason, Claims 8 and 15 are also rejected under 35 U.S.C. 112(b).
Regarding Claims 1-7, 9-14, and 16-20, they depend on their respective base claims, and thus include all of their limitations. For this reason, Claims 1-7, 9-14, and 16-20 are also rejected under 35 U.S.C. 112(b).
Examiner’s note
6. No prior art can be reasonably identified that addresses the limitation “and setting, based on the determination that the content of the block of the frame has the textural characteristic, a value associated with a residual signal associated with the block of the frame to be smaller than the value would have been had the block not had the textural characteristic” (Emphasis added) as recited in claim 1 and as similarly recited in Claims 8 and 15. Searches yielded prior art Paris US 2013/0127903 A1 and Chong et al. US 2019/0068981 A1 (PTO 892), hereinafter referred to as Paris and Chong, respectively. Chong, for example, seems to describe the opposite to what is being claimed, where applying higher compression for a block with more complex texture results in larger residuals while applying less compression to a block with simpler texture leads to smaller residuals (e.g. ¶0041). In other words, Chong’s block with the textural characteristic (i.e. complex texture) does not yield residual values that are less than those for a block that does not have the textural characteristic (i.e. simpler texture). Paris shows residuals for textured regions may be preferred over those found in smooth regions since they may be less noticeable (e.g. ¶0008). This is understood to mean the residuals occupying textured regions will be larger than those occupying smooth regions. For these reasons, Chong and Paris, as well as the art of record from the Parent Applications, do not reasonably teach and/or suggest these features. As such, no prior art rejections are made in the current office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO 892 for additional references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD A HANSELL JR. whose telephone number is (571)270-0615. The examiner can normally be reached Mon - Fri 10 am- 7 pm.
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/RICHARD A HANSELL JR./Primary Examiner, Art Unit 2486
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