Detailed Office 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 .
Abstract
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The use of the word “invention” in the abstract should be avoided.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) 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 www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,431,916 in view of Kishore et al. (US Patent Number 7,447,372.
US Application Number 19/323,715
US Patent Number 12,431,916
(Claim 1)
An apparatus for decoding, from a data stream, a sequence of integer values which are ordered in a strict monotonous manner, the apparatus configured for decoding from the data stream a predetermined integer value located at a predetermined position of the sequence of integer values; and for each position of the sequence of integer values which precedes the predetermined position, decoding, from the data stream, a first difference between an integer value residing immediately following the respective position and the integer value at the respective position, reduced by 1; and for each position of the sequence of integer values which is located following the predetermined position, decoding, from the data stream, a second difference between the integer value at the respective position and an integer value residing immediately preceding the respective position, reduced by 1, the apparatus further configured for decoding from the data stream the number of integer values of the sequence of integer values by use of an exponential Golomb code.
(Claim 1)
An apparatus for decoding, from a data stream, a sequence of integer values which are ordered in a strict monotonous manner, the apparatus configured for decoding from the data stream a predetermined integer value located at a predetermined position of the sequence of integer values; and for each position of the sequence of integer values which precedes the predetermined position, decoding, from the data stream, a first difference between an integer value residing immediately following the respective position and the integer value at the respective position, reduced by 1; and for each position of the sequence of integer values which is located following the predetermined position, decoding, from the data stream, a second difference between the integer value at the respective position and an integer value residing immediately preceding the respective position, reduced by 1.
As noted above, US Patent Number 12,431,916 (Haas et al.) discloses all the limitations except the apparatus that is configured for decoding from the data stream the number of integer values of the sequence of integer values by use of an exponential Golomb code. However, Hass et al., in a related field, disclose an apparatus that is configured for decoding from the data stream the number of integer values of the sequence of integer values by use of an exponential Golomb code (abstract; figs. 4, 5; col. 1, lines 23 – 29, 40, 41; col. 2, lines 21-23; col. 3, lines 33 – 37). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to incorporate Kishore et al.’s apparatus in the US Patent Number 12,431,916 to improve the apparatus.
The table below shows the equivalency of the current US Application claims and US Patent Number 12,431,916.
US Application Number 19/323,715
US Patent Number 12,431,916
(Claim 2)
The apparatus according to claim 1, configured for decoding from the data stream the number of integer values of the sequence of integer values by use of a variable length code.
(Claim 3)
The apparatus according to claim 2, configured for decoding from the data stream the number of integer values of the sequence of integer values by use of a first variable length code.
(Claim 3)
The apparatus according to claim 1, configured for decoding from the data stream an information revealing the predetermined position.
(Claim 4)
The apparatus according to claim 1, configured for decoding from the data stream an information revealing the predetermined position.
(Claim 4)
The apparatus according to claim 1, configured for, for each position of the sequence of positions which precedes the predetermined position, computing the integer value at the respective position by linearly combining the first difference, the integer value residing immediately following the respective position and one; and for each position of the sequence of positions which is located following the predetermined position, computing the integer value at the respective position by linearly combining the second difference, the integer value residing immediately preceding the respective position and one.
(Claim 5)
The apparatus according to claim 1, configured for, for each position of the sequence of positions which precedes the predetermined position, computing the integer value at the respective position by linearly combining the first difference, the integer value residing immediately following the respective position and one; and for each position of the sequence of positions which is located following the predetermined position, computing the integer value at the respective position by linearly combining the second difference, the integer value residing immediately preceding the respective position and one.
(Claim 5)
The apparatus according to claim 1, wherein the apparatus is configured for decoding, from the data stream, a third difference between a rank of the predetermined position and an integer-rounded half of the number of integer values; and calculating the predetermined position based on the third difference and the number of integer values.
(Claim 6)
The apparatus according to claim 1, wherein the apparatus is configured for decoding, from the data stream, a third difference between a rank of the predetermined position and an integer-rounded half of the number of integer values; and calculating the predetermined position based on the third difference and the number of integer values.
(Claim 6)
The apparatus according to claim 5, configured for decoding from the data stream the third difference via a variable length code.
(Claim 7)
The apparatus according to claim 6, configured for decoding from the data stream the third difference via a second variable length code.
(Claim 7)
The apparatus according to claim 1, configured for decoding from the data stream the predetermined integer value via a variable length code.
(Claim 8)
The apparatus according to claim 1, configured for decoding from the data stream the predetermined integer value by decoding an unsigned integer via a variable length code; and retrieving the predetermined integer value by inverse mapping from the unsigned integer according to a predefined inverse mapping rule.
(Claim 11)
The apparatus according to claim 1, configured for decoding from the data stream the predetermined integer value by decoding a second unsigned integer via a fifth variable length code; and retrieving the predetermined integer value by inverse mapping from the second unsigned integer according to a further predefined inverse mapping rule.
(Claim 9)
The apparatus according to claim 8, wherein the inverse mapping rule maps unsigned integers to signed integers in a manner so that even unsigned integers and odd un signed integers are mapped onto separate ones of signed integers lower than 0 and signed integers greater than 0, respectively, with mapping zero onto zero and so that, for each signed integer, a first signed integer mapped onto the respective unsigned integer is, in magnitude, larger than or equal to, a second signed integer mapped onto an unsigned integer following the respective unsigned integer.
(Claim 12)
The apparatus according to claim 11, wherein the inverse mapping rule maps unsigned integers to signed integers in a manner so that even unsigned integers and odd un signed integers are mapped onto separate ones of signed integers lower than 0 and signed integers greater than 0, respectively, with mapping zero onto zero and so that, for each signed integer, a first signed integer mapped onto the respective unsigned integer is, in magnitude, larger than or equal to, a second signed integer mapped onto an unsigned integer following the respective unsigned integer.
(Claim 10)
The apparatus according to claim 1, configured for decoding from the data stream the first difference via an exponential Golomb code.
(Claim 14)
The apparatus according to claim 1, configured for decoding from the data stream the first difference via an exponential Golomb code.
(Claim 11)
The apparatus according to claim 1, configured for decoding from the data stream the second difference via a variable length code.
(Claim 17)
The apparatus according to claim 1, configured for decoding from the data stream the second difference via a seventh variable length code.
(Claim 12)
The apparatus according to claim 1, configured for decoding from the data stream the second difference via an exponential Golomb code.
(Claim 15)
The apparatus according to claim 14, configured for decoding from the data stream an exponential Golomb code parameter for the exponential Golomb code.
(Claim 13)
The apparatus according to claim 1, wherein the sequence of integer values is a codebook that is associated with parameters of a neural network.
(Claim 22)
The apparatus according to claim 1, wherein the sequence of integer values is a codebook that is associated with parameters of a neural network.
(Claim 14)
The apparatus according to claim 1, configured for reconstructing the decoded sequence of integer values to a plurality of floating point values from a set of quantization levels which are defined by the sequence of integer values and a floating point quantization parameter.
(Claim 24)
The apparatus according to claim 1, configured for reconstructing the decoded sequence of integer values to a plurality of floating point values from a set of quantization levels which are defined by the sequence of integer values and a floating point quantization parameter.
(Claim 15)
The apparatus according to claim 14, configured for decoding from the data stream, for each of the plurality of floating point values, a quantization index pointing to the associated integer value within the sequence of integer values which, according to the floating point quantization parameter, is associated with a quantization level onto which the respective floating point value was quantized.
(Claim 26)
The apparatus according to claim 24, configured for decoding from the data stream, for each of the plurality of floating point values, a quantization index pointing to the associated integer value within the sequence of integer values which, according to the floating point quantization parameter, is associated with a quantization level onto which the respective floating point value was quantized.
(Claim 16)
The apparatus according to claim 15, configured for decoding the quantization index from the data stream based on a rank difference of a first rank of the position of the associated integer value within the sequence of integer values and the rank of the predetermined position.
(Claim 26)
The apparatus according to claim 25, configured for decoding the quantization index from the data stream based on a rank difference of a first rank of the position of the associated integer value within the sequence of integer values and the rank of the predetermined position.
(Claim 17)
The apparatus according to claim 15, configured for decoding from the data stream the rank difference by debinarizing the number using a binarization code from a binary string of one or more bins and context-adaptive binary arithmetic decoding the one or more bins.
(Claim 27)
The apparatus according to claim 25, configured for decoding from the data stream the rank difference by debinarizing the number using a binarization code from a binary string of one or more bins and context-adaptive binary arithmetic decoding the one or more bins.
It would have been obvious to one of ordinary skill in the art at the time of the effective filing of the invention that an artisan in the art would combine US patent number 12,431,916 in US Patent Number 7,447,372 to achieve the same end result and both combined would perform equally well.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) 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 www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 18, 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 30, 31 of U.S. Patent No. 12,431,916.
US Application Number 19/323,715
US Patent Number 12,431,916
(Claim 18)
An apparatus for encoding, into a data stream, a sequence of integer values which are ordered in a strict monotonous manner, the apparatus configured for: encoding into the data stream a predetermined integer value (C[zl) located at a predetermined position (z) of the sequence of integer values; and for each position of the sequence of integer values which precedes the predetermined position (z) ,calculating a first difference between an integer value residing immediately following the respective position and the integer value at the respective position, reduced by 1; and encoding the first difference into the data stream; and for each position of the sequence of integer values which is located following the predetermined position, calculating a second difference between the integer value at the respective position and an integer value residing immediately preceding the respective position, reduced by 1; and encoding the second difference into the data stream.
(Claim 30)
An apparatus for encoding, into a data stream, a sequence of integer values which are ordered in a strict monotonous manner, the apparatus configured for encoding into the data stream a predetermined integer value located at a predetermined position of the sequence of integer values; and for each position of the sequence of integer values which precedes the predetermined position, calculating a first difference between an integer value residing immediately following the respective position and the integer value at the respective position, reduced by 1; and encoding the first difference into the data stream; and for each position of the sequence of integer values which is located following the predetermined position, calculating a second difference between the integer value at the respective position and an integer value residing immediately preceding the respective position, reduced by 1; and encoding the second difference into the data stream.
(Claim 19)
A method for decoding, from a data stream, a sequence of integer values which are ordered in a strict monotonous manner, comprising decoding from the data stream a predetermined integer value (C[zl) located at a predetermined position (z) of the sequence of integer values; and for a position of the sequence of integer values which prior to precedes the predetermined position, decoding, from the data stream, a first value indicative of a first difference between an integer value residing immediately following the position of the sequence of integer values prior to the predetermined position and an integer value at the position of the sequence of integer values prior to the predetermined position minus one; and for a position of the sequence of integer values which is located following the predetermined position in the sequence of integer values, decoding, from the data stream, a second difference between the integer value at the respective position and an integer value residing immediately preceding the respective position, reduced by 1.
(Claim 31)
A non-transitory digital storage medium having a computer program stored thereon to perform the method for decoding, from a data stream, a sequence of integer values which are ordered in a strict monotonous manner, comprising decoding from the data stream a predetermined integer value located at a predetermined position of the sequence of integer values; and for each position of the sequence of integer values which precedes the predetermined position, decoding, from the data stream, a first difference between an integer value residing immediately following the respective position and the integer value at the respective position, reduced by 1; and for each position of the sequence of integer values which is located following the predetermined position, decoding, from the data stream, a second difference between the integer value at the respective position and an integer value residing immediately preceding the respective position, reduced by 1, when said computer program is run by a computer.
Although the conflicting claims are not identical, they are not patentably distinct from each other because “a limitation on a claim can broadly be thought of then as its ability to make a meaningful contribution to the definition of the invention in a claim. In other words, language that is not functionally interrelated with the useful acts, structure, or properties of the claimed invention will not serve as limitation” See In re Gulack, 217 USPQ 401 (CAFC 1983). It would have been obvious to one of ordinary skill in the art at the time the invention was made to use the US Patent Number 12,431,916 disclosure to perform the same function as US application 19/323,715 and one ordinary skilled in the art would recognize that both US patent Number 12,431,916 and US application Number 19/323,715 would perform the same function, work equally well and achieve the same end result.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 18, 19 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 18, 19 of copending Application No. 19/323,843 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
US application Number 19/323,843
US Application Number 19/323,715
(Claim 18)
An apparatus for encoding, into a data stream, a sequence of integer values which are ordered in a strict monotonous manner, the apparatus configured for encoding into the data stream a predetermined integer value (C[zl) located at a predetermined position (z) of the sequence of integer values; and for a position (z) of the sequence of integer values which precedes the predetermined position, calculating a first difference between an integer value residing immediately following the respective position and the integer value at the respective position, reduced by 1; and encoding the first difference into the data stream; and for each position of the sequence of integer values which is located following the predetermined position, calculating a second difference between the integer value at the respective position and an integer value residing immediately preceding the respective position, reduced by 1; and encoding the second difference into the data stream.
(Claim 18)
An apparatus for encoding, into a data stream, a sequence of integer values which are ordered in a strict monotonous manner, the apparatus configured for: encoding into the data stream a predetermined integer value (C[zl) located at a predetermined position (z) of the sequence of integer values; and for each position of the sequence of integer values which precedes the predetermined position (z) ,calculating a first difference between an integer value residing immediately following the respective position and the integer value at the respective position, reduced by 1; and encoding the first difference into the data stream; and for each position of the sequence of integer values which is located following the predetermined position, calculating a second difference between the integer value at the respective position and an integer value residing immediately preceding the respective position, reduced by 1; and encoding the second difference into the data stream
(Claim 19)
A method for decoding, from a data stream, a sequence of integer values which are ordered in a strict monotonous manner, comprising decoding from the data stream a predetermined integer value (C[zl) located at a predetermined position (z) of the sequence of integer values; and for a position of the sequence of integer values which prior to the predetermined position, decoding, from the data stream, a first value indicative of a first difference between an integer value residing immediately following the position of the sequence of integer values prior to the predetermined position and an integer value at the position of the sequence of integer values prior to the predetermined position minus one; and for a position of the sequence of integer values which is located following the predetermined position in the sequence of integer values, decoding, from the data stream, a second difference between the integer value at the respective position and an integer value residing immediately preceding the respective position, reduced by 1.
(Claim 19)
A method for decoding, from a data stream, a sequence of integer values which are ordered in a strict monotonous manner, comprising decoding from the data stream a predetermined integer value (C[zl) located at a predetermined position (z) of the sequence of integer values; and for a position of the sequence of integer values which prior to the predetermined position, decoding, from the data stream, a first value indicative of a first difference between an integer value residing immediately following the position of the sequence of integer values prior to the predetermined position and an integer value at the position of the sequence of integer values prior to the predetermined position minus one; and for a position of the sequence of integer values which is located following the predetermined position in the sequence of integer values, decoding, from the data stream, a second difference between the integer value at the respective position and an integer value residing immediately preceding the respective position, reduced by 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEAN BRUNER JEANGLAUDE whose telephone number is (571)272-1804. The examiner can normally be reached Monday-Thursday 7:00 AM-5:00 PM.
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/JEAN B JEANGLAUDE/Primary Examiner, Art Unit 2845