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 .
This office action is in response to amendment filed 07/21/2026 in which the claims 1-10 are pending.
Response to Arguments
Applicants’ arguments filed 07/21/2026 have been fully considered but they are not persuasive.
Double Patenting
The Examiner has provisionally rejected Claims 1-4, 7, and 9-10 on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 of copending Application No. 19/569,355 in view of Abbas. See OA at par. 4, pages 3-7.
The Examiner has provisionally rejected Claims 1-3 and 6-10 on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 of copending Application No. 19/573,609 in view of Abbas. See OA at par. 5, pages 7-11.
Applicant respectfully traverses these rejections.
The Examiner asserted that Abbas discloses the difference between the instant claims and the conflicting claims of the copending applications regarding "determining a transform type based on the transform information; and performing a transform on the picture based on the transform type, wherein the transform type includes a flipping transform type for flipping the picture and mixed transform type for rotating and flipping the picture." See OA at pages 4 and
However, contrary to the Examiner's assertion, Abbas discloses transforming a
partitioned 'facet" or "portion" of an image, not the "picture" or the image itself. Abbas, pars. [0008] and [0098]. Furthermore, Abbas is entirely silent about any "mixed transform type" let alone that "indicates a transform type for rotating the picture after flipping the picture." See Claims 1 and 6. Applicant provides detailed analysis of Abbas and remarks below.
Therefore, Applicant respectfully submits that Abbas fails to render the pending claims obvious over the conflicting claims of the co-pending applications and requests withdrawal of the provisional double patenting rejections.
Examiner respectfully disagrees and clarifies that ground of nonstatutory double patenting as being unpatentable over claims 1-6 of copending Application No. 19/569,355 in view of Abbas still exists, and the detailed response with respect to Abbas teaching claim limitation “ determining a transform type based on the transform information; and performing a transform on the picture based on the transform type, wherein the transform type includes a flipping transform type for flipping the picture and mixed transform type for rotating and flipping the picture”, are in remarks below in Claim Rejection Under U.S.C. 102
Claim Rejection Under U.S.C. 102
The Examiner has rejected Claims 1-3, 6-7, and 9-10 under 35 U.S.C. 102(a)(2) as being anticipated by Abbas. See OA at par. 8, pages 11-18. Among the rejected claims, Claims 1, 9, and 10 are independent.
In rejecting Claim 1, the Examiner stated that Abbas discloses "performing a transform on the picture based on the transform type, wherein the transform type includes a flipping transform type for flipping the picture and mixed transform type for rotating and flipping the picture" by referring to pars. [0142], [0009], and [0098]. See OA at pages 12-13.
Applicant respectfully disagrees for the following reasons.
Abbas performs transformations on a partitioned "facet" or "portion" of an image, rather than a "picture" or the image itself:
[0008] ... In one exemplary embodiment, the storage apparatus includes machine readable instructions that are configured to, when executed by the one or more physical processors, cause the system to: partition an image into facets; encode the facets; transform the encoded facets; and encode other image facets based on the transformed encoded facets. In some variants, the encoded facets may be transmitted or displayed.
[0098] By way of an illustration of encoding the image 440, a facet 410 may be encoded independent from other portions of the image (other facets). The encoded version of the facet 410 may be transformed to obtain transformed portions. The transformation may include rotation, flipping (horizontally or vertically),translation, and/or scaling operations...
Abbs, pars. [0008] and [0098], emphasis added.
Specifically, Abbas discloses that the system is configured to "partition an image into facets; encode the facets; transform the encoded facets." Abbas, par. [0008], emphasis added. Abbas further discloses transformation of the encoded version of the facet 410 to obtain "transformed portions." Abbas, par. [0098], emphasis added. These affirm that the transform target of Abbas is strictly limited to a facet or portion, not the "picture" or the image itself.
Examiner respectfully disagrees and clarifies that instant application Para[0147] teaches in order to identify a region (here, a face <Face> and the like generated according to a projection format), the region may be partitioned according to the characteristics, type, and the like of the image (e.g., a 360-degree image). Para[0368] P0 to P5 in Section 11A may correspond to S0 to S5 in Section 11B, and the reconstruction process may be performed on partitioning units. For example, P0 may not be reconstructed and then may be assigned to S0. P1 may be rotated by 90 degrees and then may be assigned to S1. P2 may be rotated by 180 degrees and then may be assigned to S2. P3 may be horizontally flipped and then may be assigned to S3. P4 may be rotated by 90 degrees and horizontally flipped and then may be assigned to S4. P5 may be rotated by 180 degrees and horizontally flipped and then may be assigned to S5.
Para[0464] teaches that is, the partitioning may be performed on the basis of a face boundary of the projected image, a face boundary of the packed image, packing settings, etc., and may be independently performed for each partitioning unit. This may affect generation of partitioning information during the tiling process. Para[0511] teaches In this case, the face may be a partitioning unit (here, dependent encoding/decoding) which is performed to classify or distinguish regions having different properties (here, a plane coordinate system of each face) in the same image according to the characteristics, type (in the example, a 360-degree image and an projection format), and the like of the image while the slice or tile may be a partitioning unit (here, independent encoding/decoding) which is performed to partition an image according to user definitions. Para[0525] teaches [SX,Y (S0,0 to S3,2) in Section 21A may correspond to S′U,V (S′0,0 to S′2,1) in Section 21B (here, X and Y may be the same as or different from U and V), and the reconstruction process may be performed in face units. For example, S2,1, S3,1, S0,1, S1,2, S1,1, and S1,0 may be assigned to S′0,0, S′1,0, S′2,0, S′0,1, S′1,1, and S′2,1 (face rearrangement). Also, S2,1, S3,1, and S0,1 may not be reconstructed (pixel rearrangement), and S1,2, S1,1, and S1,0 may be rotated by 90 degrees and then reconstructed. This may be represented as shown in Section 21C. In Section 21C, horizontally laid symbols S1,0, S1,1, and S1,2 may be images that are horizontally laid in order to maintain continuity of an image.
Para[0562] teaches here, Section 21C of FIG. 21 shows a rearrangement of a 360-degree image spread in the shape of a cube in Section 21A, and thus face continuity applied to Section 21A of FIG. 21 is maintained. That is, as shown in Section 25A, a face S2,1 may be horizontally continuous with faces S1,1 and S3,1 and may be vertically continuous with a face S1,P rotated by 90 degrees and a face S1, 2 rotated by −90 degrees. Para[0572] teaches In detail, as an example, b0 may be filled with data of a lower side of a face acquired by rotating the face h by 180 degrees, and j0 may be filled with data of an upper side of a face acquired by rotating the face h by 180 degrees. However, this example may represent only the location of a reference face, and data acquired from the resized region may be acquired after a resizing process (e.g., rotation, etc.) that considers continuity between faces as shown in FIGS. 24 and 25.
Thus based on the above support in specification of the instant application reconstruction process is performed in face units .
Abbas et al. (US 2017/0295356 A1), cited prior art/reference also discloses in Abstract, Para[0009], [0069], [0080], [0090], [0098], [0100]-0101] teaches one or more transformed versions of the seed facet may be obtained; e.g., one corresponding to a 90° counterclockwise rotation, another to a 90° clockwise rotation, and one to an 180° rotation. Encoded version of the facet 412 may be transformed to obtain transformed portions. The transformation may include rotation, translation, and/or scaling operations.
Abbas et al. also discloses in Para[0102] the encoder may signal (and decoder may receive) one or more flags indicating a transformation operation for each facet to fill the augmented image. The transformation operation could be signaled, as but a few examples, per sequence, per picture, or per facet. The encoder could also choose to pick a most optimal transformation per facet that achieves one or more criteria of interest; e.g., that which minimizes bits or maximizes image quality of each facet. Para[0104] teaches in FIG. 4C illustrates encoding of one image portion (e.g., the portion 464) using transformed version of another encoded image portion (e.g., portion 466). The portion 466 may be encoded independently using any applicable codec (e.g., HVEC) that may employ raster pixel scan order. The encoded version of the portion 466 may be rotated 90° counterclockwise and translated left to obtain the portion 462. Placing the transformed portion 462 above the portion 464 may provide for pixel continuity across the boundary 470. This is illustrated by continuity between representations of the triangle 468, 472 across the boundary 470. Use of transformed portion 462 of previously encoded block 466 may enable better intra-prediction because of the pixel continuity across the boundary 470. This will also allow better inter-prediction (when this picture is used as a reference) because an object moving up inside facet 464 will now be properly motion-estimated.
Further Para[0147] teaches the encoded version of the facet 410 may be transformed to obtain transformed portions. The transformation may include rotation, flipping (horizontally or vertically), translation, and/or scaling operations.
Thus Abbas clearly discloses the claim limitation “determining a transform type based on the transform information; and performing a transform on the picture based on the transform type, wherein the transform type includes a flipping transform type for flipping the picture and mixed transform type for rotating and flipping the picture”.
Claim Rejection Under U.S.C. 103
A. Claims 4 and 8
The Examiner has rejected Claims 4 and 8 under 35 U.S.C. 103 as being unpatentable over Abbas in view of Yeung. See OA at par. 12, pages 19-20. Claims 4 and 8 depend from Claim 1.
Yeung was merely cited for allegedly teaching the limitations in Claims 4 and 8 that Abbas fails to disclose or teach. Id. However, assuming arguendo that Yeung could be construed as set forth in the OA, or that the Examiner's proposed combination of Abbas and Yeung were proper, which Applicant neither agrees with nor concedes, Yeung, taken alone or in combination with Abbas, still fails to disclose or suggest, among other things, one or more features of Claim 1.
Further, Applicant respectfully submits that a person of ordinary skill in the art would not have been motivated to combine Abbas with Yeung to cure the deficiencies of Abbas.
It is emphasized that the core purpose of transforming and placing facets (emphasis added) in Abbas (see above) is to maintain "pixel continuity across the boundary" between adjacent facets in order to enable better intra-prediction and inter-prediction:
[0104] ... The encoded version of the portion 466 may be rotated 900 counterclockwise and translated left to obtain the portion 462.
Placing the transformed portion 462 above the portion 464 may provide for pixel continuity across the boundary 470. This is illustrated by continuity between representations of the triangle 468, 472 across the boundary 470. Use of transformed portion 462 of previously encoded block 466 may enable better intra- prediction because of the pixel continuity across the boundary 470. This will also allow better inter-prediction (when this picture
is used as a reference) because an object moving up inside facet464 will now be properly motion-estimated. Abbas, par. [0104], emphasis added.
Therefore, an attempt to transform the picture or the image as a whole, or directly
applying the flipping operations of Yeung to Abbas's system, would destroy the pixel continuity across the facet boundaries that Abbas carefully arranges. Accordingly, the Examiner's proposed combination of Abbas and Yeung would defeat the very purpose of the primary reference Abbas.
For these reasons, Yeung does not cure the deficiencies of Abbas regarding Claim 1.
Accordingly, Abbas and Yeung, taken alone or in combination, fail to disclose or suggest one or more features of Claim 1. Applicant respectfully submits that Claims 4 and 8 that depend from Claim 1 is patentable under 35 U.S.C. § 103 over Abbas in view of Yeung.
Examiner respectfully disagrees and clarifies that Abbas et al in Para[0102] discloses the encoder may signal (and decoder may receive) one or more flags indicating a transformation operation for each facet to fill the augmented image. The transformation operation could be signaled, as but a few examples, per sequence, per picture, or per facet. The encoder could also choose to pick a most optimal transformation per facet that achieves one or more criteria of interest; e.g., that which minimizes bits or maximizes image quality of each facet. Para[0103] The augmented (or reconstructed) image 440 may also be utilized as a reference image for future coded images. For this case, this augmented picture may be placed with or without transformation in a reference picture list. In some implementations, while encoding following frames, the encoder may choose to do motion estimation (and the decoder may do motion compensation) on this image Further 0135] In FIG. 6, the transformation component 612 may be configured to transform encoded and/or decoded image portions. In some implementations, the transformation may include rotation, translation, scaling and/or warping (i.e., non-uniform scaling) operations. By way of an illustration, the transformation component 612 may be configured to obtain image portion 442 based on a rotation and translation of the encoded/decoded portion 410 of FIG. 4A.
[0147] At operation 726, a transformed version of the encoded first portion may be obtained. In some implementations, the transformation operation 726 may include one or more of rotation, scaling, warping, and/or translation operations. By way of an illustration, the transformation operation 726 may include 90° counter clockwise rotation and translation to obtain transformed encoded/decoded image portion 462 from the encoded/decoded image portion 466 of FIG. 4C
Yeung (US 2010/ 0104221 A1) discloses vertically and horizontally flips a digital image, para[0033] teaches combination vertical/horizontal flip mode results in a same readout orientation as would result from rotating the normal output by 180.degree.. As is explained below, for a 90.degree. and a 180.degree. rotation, both horizontal and vertical flips are utilized. For a 270.degree. rotation, normal readout mode is utilized. Para[0035] teaches In order to accomplish image rotation, the orientation of the output 8.times.8 pixel blocks must match the rotated image. Para[0038] For images that have been rotated by 90.degree. or 270.degree., the top row of pixel blocks to be input to the JPEG encoder 240 is made up of the pixel blocks that will constitute the first pixel block column of the rotated image. The first pixel block read into the JPEG encoder 240 will be the bottom-left pixel block of the rotated image. The second pixel block read into the JPEG encoder 240 will be the pixel block located just above the first pixel block in the rotated image. The last pixel block of the first row of pixel blocks read into the JPEG encoder 240 will be the top-left pixel block of the rotated image. Because the differential encoding applied by the JPEG encoder 240 is row-wise, the DC coefficients of each pixel block from the top pixel block row (i.e., the first pixel block column in the rotated image) may be calculated and stored by the JPEG encoder 240 for use as predictor values for the DC coefficients of respective pixel blocks that are read-in at a later time to be used in the second pixel block column of the rotated image.
Thus In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Abbas discloses the encoded version of the facet may be transformed to obtain transformed portions and Yeung discloses with the rotating a digital image with respect to the pixel blocks to a desired rotation of either 90, 180 or 270 degrees in order to provide a rotation of image data for decompression and recompression.
B. Claim 5
The Examiner has rejected Claim 5 under 35 U.S.C. 103 as being unpatentable over Abbas in view of Cheng. See OA at par. 13, pages 20-21. Claim 5 depends from Claim 1.
Cheng was merely cited for allegedly teaching the limitations in Claim 5 that Abbas fails to disclose or teach. Id. However, assuming arguendo that Cheng could be construed as set forth in the OA, or that the Examiner's proposed combination of Abbas and Cheng were proper, which Applicant neither agrees with nor concedes, Cheng, taken alone or in combination with Abbas, still fails to disclose or suggest, among other things, one or more features of Claim 1.
Similar to the discussion regarding the secondary reference Yeung, an attempt to
transform the picture or the image as a whole, or directly applying the flipping operations of Cheng to Abbas's system, would destroy the pixel continuity across the facet boundaries that Abbas carefully arranges. Accordingly, the Examiner's proposed combination of Abbas and Cheng would defeat the very purpose of the primary reference Abbas
For these reasons, Cheng does not cure the deficiencies of Abbas regarding Claim 1.
Accordingly, Abbas and Cheng, taken alone or in combination, fail to disclose or suggest one or more features of Claim 1. Applicant respectfully submits that Claim 5 that depends from Claim 1 is patentable under 35 U.S.C. § 103 over Abbas in view of Cheng.
Examiner respectfully disagrees and clarifies that Abbas et al in Para[0102] discloses the encoder may signal (and decoder may receive) one or more flags indicating a transformation operation for each facet to fill the augmented image. The transformation operation could be signaled, as but a few examples, per sequence, per picture, or per facet. The encoder could also choose to pick a most optimal transformation per facet that achieves one or more criteria of interest; e.g., that which minimizes bits or maximizes image quality of each facet. Para[0103] The augmented (or reconstructed) image 440 may also be utilized as a reference image for future coded images. For this case, this augmented picture may be placed with or without transformation in a reference picture list. In some implementations, while encoding following frames, the encoder may choose to do motion estimation (and the decoder may do motion compensation) on this image Further 0135] In FIG. 6, the transformation component 612 may be configured to transform encoded and/or decoded image portions. In some implementations, the transformation may include rotation, translation, scaling and/or warping (i.e., non-uniform scaling) operations. By way of an illustration, the transformation component 612 may be configured to obtain image portion 442 based on a rotation and translation of the encoded/decoded portion 410 of FIG. 4A.
[0147] At operation 726, a transformed version of the encoded first portion may be obtained. In some implementations, the transformation operation 726 may include one or more of rotation, scaling, warping, and/or translation operations. By way of an illustration, the transformation operation 726 may include 90° counter clockwise rotation and translation to obtain transformed encoded/decoded image portion 462 from the encoded/decoded image portion 466 of FIG. 4C
Chen (US 2010/ 0104221 A1) discloses rotating module for rotating the decoded streaming image block-by-block with a predetermined angle or flipping the decoded streaming image block-by-block on a predetermined direction, wherein the decoded streaming image after being processed by the streaming image processing system is ready for being properly displayed in a predetermined manner. Para[0032] teaches , the system will rotate the scaled block of the streaming image to a predetermined angle, most commonly 90 degrees, 180 degrees or 270 degrees in step 660. Rotating of step 660 can also include flipping the scaled block.
In response to applicants’ argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Abbas discloses the encoded version of the facet may be transformed to obtain transformed portions of and Chen discloses flipping the decoded streaming image block-by-block hence the real-time digital image scaling and rotating design for being implemented in integrated circuit (IC) incorporated in digital streaming media system is provided.
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 1-4, 7, 9-10 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 of copending Application No. 19/569,355 in view of Abbas et al. (US 2017/0295356 A1).
The difference between the instant and conflicting patent claim is the addition of limitation “determining a transform type based on the transform information; and performing a transform on the picture based on the transform type, wherein the transform type includes a flipping transform type for flipping the picture and mixed transform type for rotating and flipping the picture”. However Abbas discloses the above limitation in Para[0135] & FIG. 6 which teaches the transformation component 612 may be configured to transform encoded and/or decoded image portions, the transformation may include rotation, translation, scaling and/or warping (i.e., non-uniform scaling) operations. Para[0142] teaches encoding/decoding operation 706 may be configured based on the transformed version of the encoded/decoded portion A obtained at operation 704. (Para[0009] teaches transformations may include one or more operations selected from: rotation, vertical flipping, horizontal flipping, translation, warping, and scaling. Para[0098] teaches The encoded version of the facet 410 may be transformed to obtain transformed portions. The transformation may include rotation, flipping (horizontally or vertically), translation, and/or scaling operations.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize limitation in the method of the conflicting copending claim, since one or more transformation which includes rotation, flipping (horizontally or vertically) of the encoded image facet to produce a transformed encoded image facet of Abbas.
This is a provisional nonstatutory double patenting rejection.
Instant application:19/569,334
Co-pending application: 19/569,355
1. An image decoding method, comprising:
obtaining, from a bitstream, transform information for a picture; determining a transform type based on the transform information; and performing a transform on the picture based on the transform type, wherein the transform type includes a flipping transform type for flipping the picture and mixed transform type for rotating and flipping the picture, and wherein the bitstream includes projection information for mapping the picture to a three-dimensional coordinate system.
1. An image decoding method, comprising: generating a prediction block by predicting a current block from a bitstream; decoding a picture including the current block based on the prediction block; obtaining, from the bitstream, reconstruction information for the decoded picture; and rearranging samples in the decoded picture based on the reconstruction information,
wherein the rearranging is performed by flipping or rotating the samples,
and wherein the bitstream includes projection information for mapping the decoded picture to a three-dimensional coordinate system.
2. The image decoding method of claim 1, wherein the flipping transform type indicates a transform type for flipping the picture vertically.
2. The image decoding method of claim 1, wherein the flipping vertically flips the samples.
3. The image decoding method of claim 1, wherein the flipping transform type indicates a transform type for flipping the picture horizontally.
3. The image decoding method of claim 1, wherein the flipping horizontally flips the samples.
7. The image decoding method of claim 1, wherein a direction of the rotating of the mixed transform type is a counter-clockwise direction.
4. The image decoding method of claim 1, wherein the rotating rotates the samples in a counter-clockwise direction.
9. An image encoding method, comprising:
encoding transform information related to a transform type of a picture;
encoding projection information for mapping the picture to a three-dimensional coordinate system; and generating a bitstream comprising the transform information and the projection information, wherein the transform type includes a flipping transform type for flipping the picture and mixed transform type for rotating and flipping the picture.
5. An image encoding method, comprising: generating a prediction block of a current block; encoding a picture including the current block based on the prediction block; encoding reconstruction information related to rearranging samples of the picture; encoding projection information for mapping the picture to a three-dimensional coordinate system; and generating a bitstream comprising the transform information and the projection information, wherein the rearranging is performed by flipping or rotating the samples.
10. A method for transmitting a bitstream, comprising:
encoding transform information related to a transform type of a picture; encoding projection information for mapping the picture to a three-dimensional coordinate system; generating the bitstream comprising the transform information and the projection information; and transmitting the bitstream, wherein the transform type includes a flipping transform type for flipping the picture and mixed transform type for rotating and flipping the picture.
6. A method for transmitting a bitstream, comprising: generating a prediction block of a current block; encoding a picture including the current block based on the prediction block; encoding reconstruction information related to rearranging samples of the picture; encoding projection information for mapping the picture to a three-dimensional coordinate system; and generating the bitstream comprising the transform information and the projection information; and transmitting the bitstream, wherein the rearranging is performed by flipping or rotating the samples.
Claims 1-3, 6-10 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-8 of copending Application No. 19/573,609 in view of Abbas et al. (US 2017/0295356 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claim is obvious over the conflicting copending claim
The difference between the instant and conflicting patent claim is the addition of limitation “wherein the transform type includes a flipping transform type for flipping the picture” in the instant claim. However Abbas discloses the above limitation in Para[0009] which teaches transformations may include one or more operations selected from: rotation, vertical flipping, horizontal flipping, translation, warping, and scaling. Para[0098] teaches The encoded version of the facet 410 may be transformed to obtain transformed portions. The transformation may include rotation, flipping (horizontally or vertically), translation, and/or scaling operations. See the table below.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize limitation in the method of the conflicting copending claim, since one or more transformation which include rotation, flipping (horizontally or vertically) of the encoded image facet to produce a transformed encoded image facet of Abbas.
This is a provisional nonstatutory double patenting rejection.
Instant application:19/569,334
Co-pending application: 19/573,609
1. An image decoding method, comprising: obtaining, from a bitstream, transform information for a picture; determining a transform type based on the transform information; and performing a transform on the picture based on the transform type, wherein the transform type includes a flipping transform type for flipping the picture and mixed transform type for rotating and flipping the picture, and wherein the bitstream includes projection information for mapping the picture to a three-dimensional coordinate system.
1. 1. An image decoding method, comprising: obtaining, from a bitstream, transform information for a picture; determining a transform type based on the transform information; and performing a transform on the picture based on the transform type, wherein the transform type includes a mixed transform type for transform the picture by rotating and flipping the picture, and wherein the bitstream includes projection information for mapping the picture to a three-dimensional coordinate system.
2. The image decoding method of claim 1, wherein the flipping transform type indicates a transform type for flipping the picture vertically.
2.The image decoding method of claim 1, wherein the mixed transform type indicate a transform type for rotating the picture after flipping the picture.
3. The image decoding method of claim 1, wherein the flipping transform type indicates a transform type for flipping the picture horizontally.
3. The image decoding method of claim 1, wherein the mixed transform type indicate a transform type for flipping the picture after rotating the picture.
6. The image decoding method of claim 1, wherein a direction of the flipping of the mixed transform type is at least one of a vertical direction or a horizontal direction of the picture.
4. The image decoding method of claim 1, wherein a direction of the flipping
is at least one of a vertical direction or a horizontal direction of the picture.
7. The image decoding method of claim 1, wherein a direction of the rotating of the mixed transform type is a counter-clockwise direction.
5. The image decoding method of claim 1, wherein a direction of the rotating is a counter-clockwise direction.
8. The image decoding method of claim 1, wherein the transform type further indicates a no-transform type.
6. The image decoding method of claim 1, wherein the transform type further includes a no-transform type.
9. An image encoding method, comprising: encoding transform information related to a transform type of a picture; encoding projection information for mapping the picture to a three-dimensional coordinate system; and generating a bitstream comprising the transform information and the projection information, wherein the transform type includes a flipping transform type for flipping the picture and mixed transform type for rotating and flipping the picture.
7. An image encoding method, comprising: encoding transform information related to a transform type of a picture; encoding projection information for mapping the picture to a three-dimensional coordinate system; and generating a bitstream comprising the transform information and the projection information, wherein the transform type includes
a mixed type for transform the picture by rotating and flipping the picture.
10. A method for transmitting a bitstream, comprising: encoding transform information related to a transform type of a picture; encoding projection information for mapping the picture to a three-dimensional coordinate system; generating the bitstream comprising the transform information and the projection information; and transmitting the bitstream, wherein the transform type includes a flipping transform type for flipping the picture and mixed transform type for rotating and flipping the picture.
8. A method for transmitting a bitstream, comprising: encoding transform information related to a transform type of a picture; encoding projection information for mapping the picture to a three-dimensional coordinate system; generating the bitstream comprising the transform information and the projection information; and transmitting the bitstream, wherein the transform type includes
a mixed type for transform the picture by rotating and flipping the picture..
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 6-7, 9-10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Abbas et al. (US 2017/0295356 A1).
Regarding claim 1, Abbas discloses an image decoding method, comprising: obtaining, from a bitstream (Para[0111] teaches encoded bitstreams for one or more facets of the cube projection may be stored and/or delivered for viewing. Received bitstreams may be decoded by e.g., a user interface device 120 and presented), transform information for a picture (Para[0133] & Fig. 6 teaches image partitioning component 608 may be configured to effectuate transformation (e.g., projection) and/or partitioning of one or more source images. In some implementations, the image transformation may include applying a spherical to cube transformation, a fisheye to cube transformation, fisheye to equirectangular transformation, and/or other transformations. In one implementation, the image partitioning component 608 may be configured to obtain a cubic projection (e.g., such as the image 400 of FIG. 4A, including one or more of portions 410, 404, 402, 406, 408, 412); determining a transform type based on the transform information (Para[0135] teaches in FIG. 6 teaches the transformation component 612 may be configured to transform encoded and/or decoded image portions, the transformation may include rotation, translation, scaling and/or warping (i.e., non-uniform scaling) operations. By way of an illustration, the transformation component 612 may be configured to obtain image portion 442 based on a rotation and translation of the encoded/decoded portion 410 of FIG. 4A.); and performing a transform on the picture based on the transform type (Para[0142] teaches encoding/decoding operation 706 may be configured based on the transformed version of the encoded/decoded portion A obtained at operation 704. By way of an illustration, encoded facet 410 may be rotated and/or translated to obtain facets 442, 444, 446. The facet 404 may be encoded using cross boundary 414 prediction from encoded information of facet 442. When encoding object representation(s) that may appear in multiple facets of a projection (e.g., solid triangle appearing in facets 466, 464 in FIG. 4C), encoding one facet using, e.g., motion prediction across a facet boundary (e.g., encoding facet 466 using information from facet 462 across boundary 470) may provide for higher compression compared to encoding a facet independent from other facets of the image), wherein the transform type includes a flipping transform type for flipping the picture and mixed transform type for rotating and flipping the picture (Para[0009] teaches transformations may include one or more operations selected from: rotation, vertical flipping, horizontal flipping, translation, warping, and scaling. Para[0098] teaches The encoded version of the facet 410 may be transformed to obtain transformed portions. The transformation may include rotation, flipping (horizontally or vertically), translation, and/or scaling operations); and wherein the bitstream includes projection information for mapping the picture to a three-dimensional coordinate system (Para[0093]–[0094] teaches panel 400 in FIG. 4A presents a planar configuration of a cube projection of three-dimensional (3D) environment. The projection 400 may include up to 6 facets (e.g., 404, 402, 406, 408, 410, 412). The facets 404, 402, 406, 408, 410, 412 may correspond to front, left, right, back, up, down quadrants of 3D space).
Regarding claim 2, Abbas discloses the image decoding method of claim 1, wherein the flipping transform type indicates a transform type for flipping the picture vertically (Para[0009] teaches transformations may include one or more operations selected from: rotation, vertical flipping, horizontal flipping. Para[0098] teaches the transformation may include rotation, flipping (horizontally or vertically), translation, and/or scaling operations
Regarding claim 3, Abbas discloses the image decoding method of claim 1, wherein the flipping transform type indicates a transform type for flipping the picture horizontally (Para[0009] teaches transformations may include one or more operations selected from: rotation, vertical flipping, horizontal flipping. Para[0098] teaches the transformation may include rotation, flipping (horizontally or vertically), translation, and/or scaling operations).
Regarding claim 6, Abbas discloses the image decoding method of claim 1, wherein a direction of the flipping of the mixed transform type is at least one of a vertical direction or a horizontal direction of the picture (Para[0009] teaches transformations may include one or more operations selected from: rotation, vertical flipping, horizontal flipping. Para[0098] teaches the transformation may include rotation, flipping (horizontally or vertically), translation, and/or scaling operations).
Regarding claim 7, Abbas discloses the image decoding method of claim 1, wherein a direction of the rotating of the mixed transform type is a counter-clockwise direction (Abstract, Para[0069], Para[0080], [0090] teaches one or more transformed versions of the seed facet may be obtained; e.g., one corresponding to a 90° counterclockwise rotation, para[0098] teaches FIG. 4B, the encoded facet 410 may be rotated 90° counterclockwise. Para[0100] teaches FIG. 4B, the encoded facet 412 may be rotated 90° counterclockwise, and translated left to obtain facet 448; the encoded facet 412 may be rotated 90° clockwise, and translated right to obtain facet 450; the encoded facet 412 may be rotated 180° clockwise/or counterclockwise, and translated right to obtain facet 452. Para[0104] teaches The encoded version of the portion 466 may be rotated 90° counterclockwise and translated left to obtain the portion 462).
Regarding claim 9, Abbas discloses an image encoding method, comprising: encoding transform information related to a transform type of a picture (Para[0009] teaches the transformations may include one or more operations selected from: rotation, vertical flipping, horizontal flipping, translation, warping, and scaling. Para[0098] teaches encoding the image 440, a facet 410 may be encoded independent from other portions of the image (other facets). The encoded version of the facet 410 may be transformed to obtain transformed portions. The transformation may include rotation, flipping (horizontally or vertically), translation, and/or scaling operations); encoding projection information for mapping the picture to a three-dimensional coordinate system (Para[0105] & Fig. 9A teaches Facets of a cube projection may be configured using the pattern shown in FIG. 9A. para[1018] teaches projection configuration (e.g., partitioning 3D environment into facets of a cube, e.g., such as shown in FIGS. 4A, and/or FIG. 9A) may be configured based on content (e.g., an object, a person, a feature (e.g., horizon), and/or other feature) within one or more facets. ; and generating a bitstream comprising the transform information and the projection information Para[0090] FIG. 4A teaches encoding/decoding of cube-projected images using the methodology of the disclosure to exploit content continuity between cube facets. One facet may be encoded/decoded independently from other facets to obtain a seed facet. One or more transformed versions of the seed facet may be obtained, e.g., via a 90° counterclockwise rotation, via a 90° clockwise rotation, and via a 180° rotation. Transformed versions of the seed facet or previously encoded/decoded facets may be used to form an augmented image), wherein the transform type includes a flipping transform type for flipping the picture and mixed transform type for rotating and flipping the picture (Para[0009] teaches transformations may include one or more operations selected from: rotation, vertical flipping, horizontal flipping, translation, warping, and scaling. Para[0098] teaches The encoded version of the facet 410 may be transformed to obtain transformed portions. The transformation may include rotation, flipping (horizontally or vertically), translation, and/or scaling operations).
Regarding claim 10, Abbas discloses a method for transmitting a bitstream (Para[0111] teaches encoded bitstreams for one or more facets of the cube projection may be stored and/or delivered for viewing), comprising: encoding transform information related to a transform type of a picture (Para[0098] teaches encoding the image 440, a facet 410 may be encoded independent from other portions of the image (other facets). The encoded version of the facet 410 may be transformed to obtain transformed portions. The transformation may include rotation, flipping (horizontally or vertically), translation, and/or scaling operations. By way of an illustration of FIG. 4B, the encoded facet 410 may be rotated 90° counterclockwise, and translated left to obtain facet 442; the encoded facet 410 may be rotated 90° clockwise, and translated right to obtain facet 444; the encoded facet 410 may be rotated 180° clockwise/or counterclockwise, and translated right to obtain facet 446); encoding projection information for mapping the picture to a three-dimensional coordinate system (Para[0105] & Fig. 9A teaches Facets of a cube projection may be configured using the pattern shown in FIG. 9A. para[1018] teaches projection configuration (e.g., partitioning 3D environment into facets of a cube, e.g., such as shown in FIGS. 4A, and/or FIG. 9A) may be configured based on content (e.g., an object, a person, a feature (e.g., horizon), and/or other feature) within one or more facets); generating the bitstream comprising the transform information and the projection information (Para[0090] FIG. 4A teaches encoding/decoding of cube-projected images using the methodology of the disclosure to exploit content continuity between cube facets. One facet may be encoded/decoded independently from other facets to obtain a seed facet. One or more transformed versions of the seed facet may be obtained, e.g., via a 90° counterclockwise rotation, via a 90° clockwise rotation, and via a 180° rotation. Transformed versions of the seed facet or previously encoded/decoded facets may be used to form an augmented image); and transmitting the bitstream, wherein the transform type includes a flipping transform type for flipping the picture and mixed transform type for rotating and flipping the picture Para[0009] teaches transformations may include one or more operations selected from: rotation, vertical flipping, horizontal flipping, translation, warping, and scaling. Para[0098] teaches The encoded version of the facet 410 may be transformed to obtain transformed portions. The transformation may include rotation, flipping (horizontally or vertically), translation, and/or scaling operations).
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.
13. Claims 4, 8 are rejected under 35 U.S.C. 103 as being unpatentable over Abbas et al. (US 2017/0295356 A1) in view of Yeung et al. (US 2010/0104221 A1).
Regarding claim 4, Abbas discloses the image decoding method of claim 1, Abbas does not explicitly disclose wherein, the mixed transform type indicates a transform type for rotating the picture after flipping the picture. However Yeung discloses wherein, the mixed transform type indicates a transform type for rotating the picture after flipping the picture (Fig, 12 -13 & Para [0045] teaches an example of an image that is rotated by 90.degree. is illustrated in FIG. 12. For an image that is to be rotated 90.degree., the acquired image is output by the image sensor 210 with both horizontal and vertical flipping). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use the method of one or more transformation which include rotation, flipping (horizontally or vertically) of the encoded image facet to produce a transformed encoded image facet of Abbas with the method of rotating a digital image to a desired rotation of either 90, 180 or 270 degrees and vertical/horizontal flip in a digital camera of Yeung in order to provide a rotation of image data for decompression and recompression.
Regarding claim 8, Abbas discloses the image decoding method of claim 1, Abbas does not explicitly disclose wherein the transform type further indicates a no-transform type. However Yeung discloses wherein the transform type further indicates a no-transform type (For un-rotated (FIG. 8A) 0 degree, no flip, read mode 1, Para[0043] FIG. 10 teaches the un-rotated image with pixels (1,1), (2,1), etc., is output by the image sensor 210 with no flipping). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use the method of One or more transformation which include rotation, flipping (horizontally or vertically) of the encoded image facet to produce a transformed encoded image facet of Abbas with the method of rotating a digital image to a desired rotation of either 90, 180 or 270 degrees and vertical/horizontal flip in a digital camera of Yeung in order to provide a rotation of image data for decompression and recompression.
14. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Abbas et al. (US 2017/0295356 A1) in view of Cheng et al. (US 2008/0007648 A1)
Regarding claim 5, Abbas discloses the image decoding method of claim 1, Abbas does not explicitly disclose, wherein the mixed transform type indicate a transform type for flipping the picture after rotating the picture. However Cheng discloses wherein the mixed transform type indicate a transform type for flipping the picture after rotating the picture (Para[0032] & Fig. 6A teaches the system will rotate the scaled block of the streaming image to a predetermined angle, most commonly 90 degrees, 180 degrees or 270 degrees in step 660. Rotating of step 660 can also include flipping the scaled block. claim 16 recites wherein the rotating further comprises flipping the block of decoded streaming image in a predetermined direction). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use the method of one or more transformation which include rotation, flipping (horizontally or vertically) of the encoded image facet to produce a transformed encoded image facet of Abbas with the method of rotates the decoded streaming image block-by-block with a predetermined angle or flipping the decoded streaming image block-by-block in a predetermined direction of Chen in order to provide a real-time digital image adjustment that can be easily performed at low cost, and hence the real-time digital image scaling and rotating design for being implemented in integrated circuit (IC) incorporated in digital streaming media system is provided.
Conclusion
15. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROWINA J CATTUNGAL whose telephone number is (571)270-5922. The examiner can normally be reached Monday-Thursday 7:30-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Pendleton can be reached at (571) 272-7527. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROWINA J CATTUNGAL/Primary Examiner, Art Unit 2425
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