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 .
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.
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Claims 1-6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 and 11 of U.S. Patent No. 12,356,007 in view of Kubota (US 2011/0292995 A1, referred to herein as “Kubota”).
Claim 1 of Instant Application
A method for processing encoded three-dimensional data, comprising:
obtaining encoded data including a plurality of encoded sub-data generated by encoding a plurality of three-dimensional sub-data included in three-dimensional data, where the plurality of three-dimensional sub-data respectively correspond to a plurality of subspaces included in a space in which the plurality of three-dimensional sub-data are included;
selecting first encoded sub-data from the plurality of encoded sub-data;
transmitting the first encoded sub-data to a decoder; and
obtaining control information common to the plurality of subspaces and including information about the plurality of subspaces,
wherein each of headers of the plurality of encoded sub-data includes information identifying a corresponding subspace, and
the headers are provided in the plurality of encoded sub-data in one-to-one correspondence.
Claim 1 of U.S. Patent No. 12,356,007
A three-dimensional data encoding method, comprising:
generating first control information common to a plurality of subspaces;
encoding the plurality of subspaces included in a current space in which a plurality of three-dimensional points are included; and
generating a bitstream including the first control information and a plurality of encoded data respectively corresponding to the plurality of subspaces,
wherein the first control information includes information about the plurality of subspaces respectively associated with a plurality of identifiers,
each of headers of the plurality of encoded data includes information identifying a corresponding subspace, and
the headers are provided in the plurality of encoded data in one-to-one correspondence.
Table 1.
Regarding claim 1, Claim 1 of U.S. Patent No. 12,256,007 discloses many of the same or similar limitations as shown in Table 1.
Claim 1 of U.S. Patent No. 12,256,007 does not explicitly disclose:
selecting first encoded sub-data from the plurality of encoded sub-data; and
transmitting the first encoded sub-data to a decoder.
However, Kubota discloses:
selecting first encoded sub-data from the plurality of encoded sub-data (Kubota: Fig. 2, paragraphs [0032]-[0038], disclosing that image data is divided into sub-data that is encoded and selected from a plurality of encoding units); and
transmitting the first encoded sub-data to a decoder (Kubota: Fig. 2, paragraphs [0039]-[0040], disclosing that the sub-data may be spliced and output as a bitstream to a decoder).
At the time the application was effectively filed, it would have been obvious for a person having ordinary skill in the art to use the sub-data transmission of Kubota in the data encoding method of Claim 1 of U.S. Patent No. 12,256,007.
One would have been motivated to modify Claim 1 of U.S. Patent No. 12,256,007 in this manner in order to permit efficient transmission to and processing by a decoder (Kubota: paragraphs [0003]-[0006]).
Claims 2-5 are rejected on the on the ground of nonstatutory double patenting as being unpatentable over Claims 2-5 of U.S. Patent No. 12,256,007 in view of Kubota because Claims 2-5 of U.S. Patent No. 12,256,007 discloses the same or similar limitations.
Claim 6 of Instant Application
A device for processing encoded three-dimensional data, comprising:
processor; and
memory,
wherein, using the memory, the processor:
obtains encoded data including a plurality of encoded sub-data generated by encoding a plurality of three-dimensional sub-data included in three-dimensional data, where the plurality of three-dimensional sub-data respectively correspond to a plurality of subspaces included in a space in which the plurality of three-dimensional sub-data are included;
selects first encoded sub-data from the plurality of encoded sub-data;
transmits the first encoded sub-data to a decoder; and
obtains control information common to the plurality of subspaces and including information about the plurality of subspaces,
wherein each of headers of the plurality of encoded sub-data includes information identifying a corresponding subspace, and
the headers are provided in the plurality of encoded sub-data in one-to-one correspondence.
Claim 11 of U.S. Patent No. 12,256-007
A three-dimensional data encoder, comprising:
processor; and
memory,
wherein, using the memory, the processor:
generates first control information common to a plurality of subspaces;
encodes the plurality of subspaces included in a current space in which a plurality of three-dimensional points are included; and
generates a bitstream including the first control information and a plurality of encoded data respectively corresponding to the plurality of subspaces,
wherein the first control information includes information about the plurality of subspaces respectively associated with a plurality of identifiers,
each of headers of the plurality of encoded data includes information identifying a corresponding subspace, and
the headers are provided in the plurality of encoded data in one-to-one correspondence.
Table 2.
Regarding claim 6, Claim 11 of U.S. Patent No. 12,256,007 discloses many of the same or similar limitations as shown in Table 2.
Claim 11 of U.S. Patent No. 12,256,007 does not explicitly disclose:
selects first encoded sub-data from the plurality of encoded sub-data; and
transmits the first encoded sub-data to a decoder.
However, Kubota discloses:
selects first encoded sub-data from the plurality of encoded sub-data (Kubota: Fig. 2, paragraphs [0039]-[0040], disclosing that the sub-data may be spliced and output as a bitstream to a decoder); and
transmits the first encoded sub-data to a decoder (Kubota: Fig. 2, paragraphs [0039]-[0040], disclosing that the sub-data may be spliced and output as a bitstream to a decoder).
At the time the application was effectively filed, it would have been obvious for a person having ordinary skill in the art to use the sub-data transmission of Kubota in the data encoding method of Claim 11 of U.S. Patent No. 12,256,007.
One would have been motivated to modify Claim 11 of U.S. Patent No. 12,256,007 in this manner in order to permit efficient transmission to and processing by a decoder (Kubota: paragraphs [0003]-[0006]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christopher Braniff whose telephone number is (571) 270-5009. The examiner can normally be reached M-F 7AM to 4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thai Tran can be reached at (571) 272-7382. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CHRISTOPHER T. BRANIFF
Primary Examiner
Art Unit 2484
/CHRISTOPHER BRANIFF/Primary Examiner, Art Unit 2484
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