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 Objections
Claim 1 is objected to because of the following informalities: typographical error: “closet”. Appropriate correction is required.
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, 3, 5, 7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 7, 9, 13, and 15 of U.S. Patent No. US 11,882,303 B2 (reference patent). Although the claims at issue are not identical, they are not patentably distinct from each other because
Consider application claim 5, claim 7 of reference patent discloses a reception device for processing point cloud data, the reception device comprising: a receiver configured to receive a bitstream including the point cloud data, the point cloud data including geometry information and attribute information, wherein the geometry information represents positions of points of the point cloud data and the attribute information represents attributes of the points of the point cloud data; and a decoder configured to decode the point cloud data, wherein the decoder includes a first decoder for decoding the geometry information and a second decoder for decoding the attribute information, wherein the second decoder includes an LOD (Level of Detail) generator configured to generate at least one LOD, wherein the LOD generator performs sampling at least one point in at least one node of an octree, wherein the at least one point is a closest point from a center of the at least one node, and wherein the bitstream further includes LOD generation-related information, the LOD generation-related information including information that represents a method for the sampling.
Claim 9 of reference patent discloses the attribute parameter set includes: identification information for identifying the attribute parameter set, attribute coding type for a type of transformation of the attribute information and sampling rate information.
Claims of reference patent disclose all of the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 7, claim 13 of reference patent discloses A transmission device for processing point cloud data, the transmission device comprising: an encoder configured to encode the point cloud data including geometry information and attribute information, wherein the geometry information represents positions of points of the point cloud data and the attribute information represents attributes of the points of the point cloud data, wherein the encoder includes a first encoder configured to encode the geometry information and a second encoder configured to encode the attribute information, wherein the second encoder includes an LOD (Level of Detail) generator configured to generate at least one LOD, wherein the LOD generator performs sampling at least one point in at least one node of an octree, and wherein the at least one point is a closest point from a center of the at least one node; and a transmitter configured to transmit a bitstream including the encoded point cloud data, wherein the bitstream further includes LOD generation-related information, the LOD generation-related information including information that represents a method for the sampling.
Claim 15 of reference patent discloses the attribute parameter set further includes identification information for identifying the attribute parameter set, attribute coding type information for a type of transformation of the attribute information and sampling rate information.
Claims of reference patent disclose all of the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 1, application claim 1 recites the method implemented by the device recited application claim 7. Thus, it is rejected for the same reasons.
Consider application claim 3, application claim 3 recites the method implemented by the device recited application claim 5. Thus, it is rejected for the same reasons.
Claims 2, 4, 6, 8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 7, 9, 13, and 15 of U.S. Patent No. US 11,882,303 B2 (reference patent) in view of Hur et al. (US 12,413,763 B2).
Consider application claim 6, claims of reference patent discloses all the limitations in application claim 5 but do not disclose the octree is composed of multiple levels, each level comprising one or more nodes, and wherein the sampling is started from a level of the octree.
Hur teaches the octree is composed of multiple levels, each level comprising one or more nodes, and wherein the sampling is started from a level of the octree (claim 8).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the known technique of starting sampling from a level of the octree because such incorporation would help generate an LOD having high compression efficiency while reducing complexity of LOD generation. Col. 39, line 58 – col. 40, line 15.
Consider application claim 8, claims of reference patent discloses all the limitations in application claim 5 but do not disclose the octree is composed of multiple levels, each level comprising one or more nodes, and wherein the sampling is started from a level of the octree.
Hur teaches the octree is composed of multiple levels, each level comprising one or more nodes, and wherein the sampling is started from a level of the octree (claim 11).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the known technique of starting sampling from a level of the octree because such incorporation would help generate an LOD having high compression efficiency while reducing complexity of LOD generation. Col. 39, line 58 – col. 40, line 15.
Consider application claim 2, application claim 2 recites the method implemented by the device recited application claim 8. Thus, it is rejected for the same reasons.
Consider application claim 4, application claim 4 recites the method implemented by the device recited application claim 6. Thus, it is rejected for the same reasons.
Claims 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 7, 8, 10, 11 of U.S. Patent No. US 12,413,763 B2 (reference patent) in view of Hur et al. (US 11,882,303 B2).
Consider application claim 5, claim 7 of reference patent discloses a reception device for decoding point cloud data, the reception device comprising: a receiver configured to receive a bitstream including the point cloud data, the point cloud data including geometry information and attribute information, wherein the geometry information represents positions of points of the point cloud data and the attribute information represents attributes of the points of the point cloud data; and a decoder configured to decode the point cloud data, wherein the decoder includes a first decoder for decoding the geometry information and a second decoder for decoding the attribute information, wherein the first decoder decodes the geometry information based on an octree, wherein the second decoder includes an LOD (Level of Detail) generator configured to generate at least one LOD, wherein the LOD generator performs sampling at least one point in at least one node of the octree, wherein the at least one point is a closest point from a center of the at least one node, and wherein the bitstream further includes LOD generation-related information, the LOD generation-related information including information that represents a method for the sampling.
However, claims of reference patent do not disclose information for identifying the attribute parameter set, information for indicating a coding method for the attribute information.
Hur teaches information for identifying the attribute parameter set, information for indicating a coding method for the attribute information (claim 9).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the known element of information for identifying the attribute parameter set because such incorporation would have better compression efficiency. Col. 42, line 60 – col. 43, line 15.
Consider application claim 6, claim 8 of reference patent discloses the octree is composed of multiple levels, each level comprising one or more nodes, and wherein the generating at least one LOD starts the sampling from a level of the octree.
Claims of reference patent disclose all of the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 7, claim 10 of reference patent discloses a transmission device for encoding point cloud data, the transmission device comprising: an encoder configured to encode the point cloud data including geometry information and attribute information, wherein the geometry information represents positions of points of the point cloud data and the attribute information represents attributes of the points of the point cloud data, wherein the encoder includes a first encoder configured to encode the geometry information and a second encoder configured to encode the attribute information, wherein the first encoder encodes the geometry information based on an octree, wherein the second encoder includes an LOD (Level of Detail) generator configured to generate at least one LOD, wherein the LOD generator performs sampling at least one point in at least one node of the octree, and wherein the at least one point is a closest point from a center of the at least one node; and a transmitter configured to transmit a bitstream including the encoded point cloud data, wherein the bitstream further includes LOD generation-related information, the LOD generation-related information including information that represents a method for the sampling.
However, claims of reference patent do not disclose information for identifying the attribute parameter set, information for indicating a coding method for the attribute information.
Hur teaches information for identifying the attribute parameter set, information for indicating a coding method for the attribute information (claim 15).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the known element of information for identifying the attribute parameter set because such incorporation would have better compression efficiency. Col. 42, line 60 – col. 43, line 15.
Consider application claim 8, claim 11 of reference patent discloses the octree is composed of multiple levels, each level comprising one or more nodes, and wherein the generating at least one LOD starts the sampling from a level of the octree.
Claims of reference patent disclose all of the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 1, application claim 1 recites the method implemented by the device recited application claim 7. Thus, it is rejected for the same reasons.
Consider application claim 2, application claim 2 recites the method implemented by the device recited application claim 8. Thus, it is rejected for the same reasons.
Consider application claim 3, application claim 3 recites the method implemented by the device recited application claim 5. Thus, it is rejected for the same reasons.
Consider application claim 4, application claim 4 recites the method implemented by the device recited application claim 6. Thus, it is rejected for the same reasons.
Conclusion
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/TAT C CHIO/ Primary Examiner, Art Unit 2486
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