QUALCOMM IncorporatedDownload PDFPatent Trials and Appeals BoardMay 27, 202014024058 - (D) (P.T.A.B. May. 27, 2020) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 14/024,058 09/11/2013 Li Zhang 1212-372US01/124388 5294 15150 7590 05/27/2020 Shumaker & Sieffert, P. A. 1625 Radio Drive, Suite 100 Woodbury, MN 55125 EXAMINER CHANG, DANIEL ART UNIT PAPER NUMBER 2487 NOTIFICATION DATE DELIVERY MODE 05/27/2020 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address(es): ocpat_uspto@qualcomm.com pairdocketing@ssiplaw.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ Ex parte LI ZHANG, YING CHEN, and MARTA KARCZEWICZ Appeal 2019-000823 Application 14/024,058 Technology Center 2400 Before CARL W. WHITEHEAD JR., DAVID M. KOHUT, and IRVIN E. BRANCH, Administrative Patent Judges. KOHUT, Administrative Patent Judge. DECISION ON APPEAL Pursuant to 35 U.S.C. § 134(a), Appellant1 appeals from the Examiner’s decision to reject claims 1–48. We have jurisdiction under 35 U.S.C. § 6(b). We AFFIRM. 1 We use “Appellant” to reference the applicant as defined in 37 C.F.R. § 1.42. Appellant identifies the real party in interest as “QUALCOMM Incorporated.” Appeal Br. 3. Appeal 2019-000823 Application 14/024,058 2 STATEMENT OF THE CASE Appellant’s Invention Appellant’s invention relates to video coding. Spec. ¶ 2. Claim 1, reproduced below, is illustrative of argued subject matter. 1. A method of decoding multi-view video data, the method comprising: deriving, with a video decoder, one or more disparity vectors [(DVs)] for a current block of video data, the DVs being derived from neighboring blocks of video data relative to the current block of video data; adding, with the video decoder, one or more inter-view predicted motion vector candidates ([IV-Prediction-MVCs]) to a candidate list for a motion vector prediction mode, wherein the one or more interview predicted motion vector candidates are based on the one or more derived DVs; converting, with the video decoder, the one or more derived DVs to one or more inter-view disparity motion vector candidates [(IV-Disparity-MVCs)], including setting respective vertical components of the one or more derived DVs to zero; adding, with the video decoder, in addition to the one or more IV-Prediction-MVCs, the one or more IV-Disparity-MVCs to the candidate list for the motion vector prediction mode; and decoding, with the video decoder, the current block of video data using the candidate list.2 Appeal Br. 36 (Claims Appendix). References The Examiner relies on the following prior art: 1. Schwarz et al., “Test Model under Consideration for HEVC based 3D video coding v3.0” 100. MPEG MEETING; April 2012, Geneva; 2 We have, throughout this opinion, replaced disparity vector with “DV,” inter-view predicted motion vector candidate with “IV-Prediction-MVC,” and inter-view disparity motion vector candidate with “IV-Disparity-MVC.” Appeal 2019-000823 Application 14/024,058 3 (Motion Picture Expert Group OR ISO/IEC JTC1/SC29/WG 11), no. N12744, June 1, 2012 (“Schwarz”). 2. Zhang et al., “3D-CE5.h related: DV Derivation for Multiview Video and 3DV,” MPEG MEETING; April–May 2012, Geneva; (Motion Picture Expert Group OR ISO/IEC JTC1/SC29/WG 11), no. m24937 (“Zhang1”). 3. Sugio et al. (“Sugio”) U.S. Pub. No. 2013/0004093 A1 Jan. 3, 2013 4. Chen et al. (“Chen”) U.S. Pub. No. 2015/0201215 A1 July 16, 2015 5. Cai et al. (“Cai”) U.S. Pub. No. 2008/0285654 A1 Nov. 20, 2008 6. Zhang et al., “3D-CE5.h related: Improved merge mode for inter-view predicted motion,” MPEG MEETING; 16-20 July 2012, Stockholm; (JCT3V OR ITU-T SG 16 WP3 and ISO/IEC JTC l/SC 29/WG 11), no. JCT3V-A0096, July 10, 2012 (“Zhang2”). 7. Guionnet et al., “CE5.h related: Merge candidate list extension for disparity compensated prediction,” MPEG MEETING; 16-20 July 2012, Stockholm; (JCT3V OR ITU-T SG 16 WP 3 and ISO/IEC JTC l/SC 29/WG 11), no. JCT3V-A0134, July 13, 2012 (“Guionnet”). 8. Kim et al., NPL (“High Efficiency Video Coding (HEVC) Test Model 7 (HM 7) Encoder Description,” April 27–May 7, 2012, Geneva, Joint Collaborative Team on Video Coding (JCT-VC) of ITU-T SG16 WP3 and ISO/IEC JTCI /SC29/WG11, JCTVC-11 002, July 9, 2012 (“Kim”). Rejections Claims 1–4, 12–15, 23, 25, 27–30, and 38–41 stand rejected under 35 U.S.C. § 112, first paragraph, as lacking a written description. Final Act. 14–15. Claims 1–3, 23, and 27–29 stand rejected under 35 U.S.C. § 103(a) as obvious over Schwarz, Zhang1, Sugio, and Chen. Id. at 16–20. Claims 4 and 30 stand rejected under 35 U.S.C. § 103(a) as obvious over Schwarz, Zhang1, Sugio, Chen, and Zhang2. Id. at 21–23. Appeal 2019-000823 Application 14/024,058 4 Claims 5, 6, 8, 9, 24, 31, 32, 34, and 35 stand rejected under 35 U.S.C. § 103(a) as obvious over Schwarz, Zhang1, Sugio, and Guionnet. Id. at 23–29. Claims 7 and 33 stand rejected under 35 U.S.C. § 103(a) as obvious over Schwarz, Zhang1, Sugio, Guionnet, and Kim. Id. at 29–31. Claims 10, 11, 36, and 37 stand rejected under 35 U.S.C. § 103(a) as obvious over Schwarz, Zhang1, Sugio, Guionnet, and Zhang2. Id. at 31–34. Claims 12–14, 25, and 38–40 stand rejected under 35 U.S.C. § 103(a) as obvious over Schwarz, Zhang1, Sugio, Chen, and Cai. Id. at 34–37. Claims 15 and 41 stand rejected under 35 U.S.C. § 103(a) as obvious over Schwarz, Zhang1, Sugio, Chen, Zhang2, and Cai. Id. at 37–40. Claims 16, 17, 19, 20, 26, 42, 43, 45, and 46 stand rejected under 35 U.S.C. § 103(a) as obvious over Schwarz, Zhang1, Sugio, Guionnet, and Cai. Id. at 40–43. Claims 18 and 44 stand rejected under 35 U.S.C. § 103(a) as obvious over Schwarz, Zhang1, Sugio, Guionnet, Kim, and Cai. Id. at 43–46. Claims 21, 22, 47, and 48 stand rejected under 35 U.S.C. § 103(a) as obvious over Schwarz, Zhang1, Sugio, Guionnet, Zhang2, and Cai. Id. at 46–47. 35 U.S.C. § 112, ¶ 1 (WRITTEN DESCRIPTION) For the following reasons, we are persuaded of error in the § 112 rejection of claims 1–4, 12–15, 23, 25, 27–30, and 38–41 and accordingly do not sustain this rejection. All claims recite or incorporate the limitation at issue (below). Ans. 4; Final Act. 14. We address the rejection with reference to claim 1. Appeal 2019-000823 Application 14/024,058 5 The at-issue claim limitation is: “converting . . . the . . . derived DV[] to [an] IV-Disparity-MVC[], including setting respective vertical components of the . . . derived DV[] to zero.” Appeal Br. 36 (Claims Appendix); see also Ans. 36 (acknowledging the issue is whether the Specification describes converting a DV into an IV-Disparity-MVC by setting a vertical component of the DV to zero).3 Originally-filed claim 1 recited in pertinent part: “converting a DV to [an] . . . IV-Disparity-MVC[].” Spec. 46. Present claim 1 thus adds, to the original claims, the conversion (of a DV into an IV-Disparity-MVC) includes setting a vertical component of the DV to zero. See Amendment, filed May 9, 2017, at 2. The overall issue is consequently whether the originally-filed Specification conveys, “with reasonable clarity to those skilled in the art,” converting a DV to an IV-Disparity-MVC and doing so by (at least in part) setting a vertical component of the DV to zero. See, e.g., Vas-Cath, 3 The at-issue limitation is acknowledged by the Examiner’s responses to Appellant’s arguments. Ans. 36; see also Final Act. 2–3. The at-issue limitation slightly differs, however, from the limitation contested by the Examiner’s descriptions of the rejection. Ans. 3–4; see also Final Act. 14– 15. Those descriptions state there is no written description support for the claimed “converting . . . the . . . derived DV[] to . . . [an] IV-Disparity-MVC” and state nothing of this conversion “including setting respective vertical components of the . . . derived DV[] to zero.” Appeal Br. 36. Because rejections concern a claim as a whole, Appellant may (as it has) frame the issue as whether the Specification conveys a conversion of DV to an IV-Disparity-MVC that sets a vertical component to zero. See In re Gulack, 703 F.2d 1381, 1385 (Fed. Cir. 1983) (“The claim must be read as a whole. If the board meant to disregard that basic principle of claim interpretation, we must reverse the rejection as a matter of law.”). Appeal 2019-000823 Application 14/024,058 6 Inc. v. Mahurkar, 935 F.2d 1555, 1563–64 (Fed. Cir. 1991) (A specification must “convey with reasonable clarity[,] to those skilled in the art . . . [, that the inventor] was in possession of the [claimed] invention.”) (emphasis omitted). Appellant contends written support is provided by the Specification’s paragraphs 113 and 122 (Appeal Br. 21), which state in toto (emphasis added): [0113] Still another drawback results when the spatial/temporal neighboring blocks are used to derive the merging candidates and they are inter-view predicted. In this case, the vertical component of the motion vector may be not equal to 0. . . . . [0122] In another example of the disclosure, when the motion information from spatial/temporal neighboring blocks is used to derive the motion vector candidates, and the motion vector is a disparity motion vector, the vertical component of motion vector may be forced to be set to 0 for merge and/or AMVP mode. Appellant also contends that submitted extrinsic evidence shows an artisan would have understood the above teachings to set a DV’s vertical component to zero as pertaining to conversion of a DV to an IV-Disparity-MVC. Appeal Br. 22–23. Specifically, Appellant also contends4: Appellant [has] cited extrinsic evidence that shows why a person of ordinary skill in the art would readily understand the claims and Appellant’s specification as providing sufficient detail for how to perform the claimed conversion. . . . [I]n TECH et al., “3D-HEVC Test Model 1,” Joint Collaborative 4 Appellant’s block-quoted argument (first indentation) includes Appellant’s block-quoting of the standard (second and third indentations). Appeal 2019-000823 Application 14/024,058 7 Team on 3D Video Coding Extension Development of ITU-T SG 16 WP 3 and ISO/IEC JTC I/SC 29/WG 11, Document: JCT3VA1005_d0, 1st Meeting: Stockholm, SE, July 16–20 . . . , the conversion of a DV to an inter-view disparity motion vector is described as follows: G.8.5.2.1.11 Derivation process for a disparity inter-view motion vector predictor candidate . . . . The derivation process for a DV . . . is invoked[.] . . . [T]he motion vector candidate mvLXInterView is derived by mvLXInterView[0]= mvDisp[0] (G 83) mvLXInterView[1]= 0 (G 84) As can be seen in the bold and underlined section above, the interview-disparity motion vector (mvLXInterview) . . . uses a vertical component (designated as [1]) of zero. Id.; see also Amendment, filed Feb. 15, 2018, at 3–4 (prior submission of the same extrinsic evidence). We are persuaded the above considerations provide a preponderance of evidence in favor of written description support. See In re Oetiker, 977 F.2d 1443, 1445 (Fed. Cir. 1992) (“After evidence or argument is submitted by the applicant in response, patentability is determined on the totality of the record, by a preponderance of evidence with due consideration to persuasiveness of argument.”). First, the Specification states an “upcoming HEVC standard is described” by the extrinsic evidence and “the techniques of this disclosure are described primarily with respect to the 3DV extension of HEVC.” Spec. ¶ 41. We accordingly find the extrinsic evidence shows the ordinary skill in the invention’s art and, as such, is acceptable evidence of how an artisan would interpret the Specification’s above paragraphs 113 and 122. Appeal 2019-000823 Application 14/024,058 8 Second, we also find the extrinsic evidence’s above-emphasized “[d]erivation process for a disparity inter-view motion vector candidate” indicates, as argued, an art-recognized practice of deriving an IV-Disparity-MVC by setting a vertical component of a DV to zero (assuming a vertical component is designated “mvLXInterView[1],” as is further argued and not disputed). We accordingly agree with Appellant that the extrinsic evidence indicates the Specification’s cited paragraphs 113 and 122 would be understood as teaching to set a vertical component of a DV to zero as part of converting the DV to an IV-Disparity-MVC, i.e., as teaching the at-issue claim limitation. 35 U.S.C. § 103(a) Claims 1–3, 23, and 27–29 Appellant argues claims 1–3, 23, and 27–29 as a group for this rejection. See, e.g., Appeal Br. 24 (heading). We select claim 1 as representative. 37 C.F.R. § 41.37(c)(1)(iv). For the following reasons, we are unpersuaded of error in this rejection of claim 1 and accordingly sustain this rejection of claims 1–3, 23, and 27–29. The arguments principally concern the above-addressed claim limitation, i.e., the claimed “converting . . . .” Appeal Br. 24–29. Regarding this limitation, Appellant first contends: Appellant strongly objects to the final Office Action’s contention that Schwarz’ description that the “derived DV can also be directly used as a candidate DV . . .” relates in any way to Appellant’s feature of “converting . . . the . . . derived DV[] to [an] IV-Disparity-MVC[],” as is recited in independent claim 1. The above-quoted description of Schwarz simply involves no conversion at all, but instead specifically teaches away from any such conversion, and uses the DV directly. Appeal 2019-000823 Application 14/024,058 9 The Final Office Action now argues that the direct use of a derived DV . . . , as described in Schwarz, is a kind of conversion because the DV is being used for a role other than its original role. Appellant objects to this interpretation of [the] claims. [S]uch use in another role is in no way a conversion. Appeal Br. 26 (footnote omitted). We are unpersuaded of error because the argument is incommensurate with the claim scope and, particularly, incommensurate with the meaning of “convert.” A plain meaning of “convert” (verb) is to repurpose something, e.g., to use it for another purpose without modification. See, e.g., CONVERT(entry 3), Dictionary.com, https://www.dictionary.com/browse/ convert?s=t (“to turn to another or a particular use or purpose; divert from the original or intended use” (retrieved April 23, 2020)); CONVERT(entry 2b(1)), Merriam Webster Dictionary, https://www.merriam-webster.com/ dictionary/convert (“to change from one . . . function to another” (retrieved April 23, 2020)); see also Ans. 38–38 (addressing “convert”). The Specification does not use “convert” in a manner that disclaims the above plain meaning. See Eolas Technologies Inc. v. Microsoft Corp., 399 F.3d 1325, 1336 (Fed. Cir. 2005) (“[A]bsent a clear disclaimer in the specification, the embodiments in the specification do not limit broader claim language.”). Further, another Qualcomm (Appellant) patent publication of two present inventors (Ying Chen and Li Zhang) indicates an artisan would have interpreted the claimed “converting” to encompass re-purposing of a DV as an IV-Disparity-MVC. See U.S. Patent No. 9,237,345 B2 to Kang et al. (titled “Neighbor Block-Based DV Derivation in 3D-AVC”), col. 5, l. 63– col. 6, l. 4. The publication twice uses “convert” to describe re-purposing. Appeal 2019-000823 Application 14/024,058 10 First, the publication states a “video coder converts such a motion vector . . . to a DV . . . (i.e., utilizes the motion vector . . . as a DV).” Id. at col. 5, ll. 34–37. Second, with even greater pertinence, the publication states: [T]he video coder may convert the DV yielded by the NBDV derivation process into a disparity motion vector as a disparity motion vector predictor. The converted disparity motion vector may have a zero vertical component due to the “inter-view motion prediction mode” no matter what the vertical component of the disparity motion vector was. However, it may be possible that the disparity motion vector is unchanged. Id. at col. 28, ll. 18–25 (emphasis added). “Converting” is used to describe mere designating of a DV as a disparity motion vector—regardless of whether the designation changes the DV. Appellant also contends: In its full context, Appellant’s claim 1 recites “converting, with the video decoder, the one or more derived DVs to one or more IV-Disparity-MVCs, including setting respective vertical components of the one or more derived DVs to zero.” . . . Schwarz does not teach any conversion of a derived DV to an IV-Disparity-MVC, much less the specific conversion recited. To the extent Chen discusses setting a vertical component of a DV to zero, Chen does not do so in the context of converting a DV to an IV-Disparity-MVC. Rather, Chen teaches forcing a particular component to zero to avoid signaling the component. Appeal Br. 27. We are unpersuaded of error because the claimed “converting . . . including setting respective vertical components . . . to zero” is broad enough to encompass a process that re-purposes a DV as a IV-Disparity-MVC and improves the element (i.e., improves the re-purposing) by setting the vertical component to zero. This process is the Appeal 2019-000823 Application 14/024,058 11 proposed combination of Schwarz and Chen. See Final Act. 5–6, 8, 19–20; Ans. 9, 39–40. Further, the Examiner supports the proposed combination by showing Chen teaches that setting the vertical component of a DV to zero (e.g., if the views of 3D imager are horizontally aligned) advantageously reduces the complexity of the DV. Id. (citing Chen ¶¶ 21, 41–43). Chen need not alone, as is argued, teach setting of the vertical component to zero in the context of designating a DV as a disparity motion vector (i.e., in Schwarz’s context). And even if that were so, the Examiner shows Chen relates its cited teaching to this context inasmuch that: Chen states in Paragraph [0040] that the vertical component of DV and motion vector difference is forced to zero when a DV is used to predict a DCP block, and when a selected candidate is a DV as mentioned in Paragraph [0042]. These recitations describe when a derived DV is converted for use as a candidate DV for DCP, and thus are within the context of converting a DV to an IV-Disparity-MVC. Ans. 40. The Reply Brief ignores the Examiner’s reliance on Chen—merely repeating the Appeal Brief arguments directed to Schwarz. Reply Br. 9–11. A second at-issue claim limitation is: “adding, . . . in addition to the . . . IV-Prediction-MVC[], the . . . IV-Disparity-MVC[] to the candidate list for the motion vector prediction mode.” Appeal Br. 36 (Claims Appendix); id. at 28–29 (identifying the limitation). Appellant contends: The final Office Action concedes that Schwarz and Zhang1 does not teach or suggest . . . [the limitation and] contends that Sugio teaches such a feature. Appellant respectfully disagrees. To the extent that Sugio describes different types of motion vectors related to multi-view video data, Sugio fails to describe or suggest adding the specific types of motion vectors (e.g., IV-Prediction-MVC[] and IV-Disparity-MVC[]) to the same candidate list for a motion vector prediction mode. Appeal 2019-000823 Application 14/024,058 12 Id. We are unpersuaded of error because the Examiner relies on Schwarz and Sugio in combination—not solely Sugio—to reach the claimed addition of both an IV-Prediction-MVC and IV-Disparity-MVC to a candidate list for a motion vector prediction mode. See, e.g., Ans. 42. Specifically, the Examiner finds Schwarz and Sugio respectively teach adding of an IV-Prediction-MVC (Schwarz) and IV-Disparity-MVC (Sugio) to a candidate list for a motion vector prediction mode. Ans. 41–42. Appellant does not provide sufficient evidence to show either finding is incorrect. Nor does Appellant provide sufficient evidence to show that adding both an IV-Prediction-MVC and IV-Disparity-MVC to a same candidate list for a motion vector prediction mode would not have been obvious, e.g., would have yielded an unexpected advantage. See, e.g., KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 417 (2007) (“[W]hen a patent simply arranges old elements with each performing the same function it had been known to perform and yields no more than one would expect from such an arrangement, the combination is obvious.” (internal quotation marks and respective citation omitted)). Claims 4–22, 24–26, and 30–44 Appellant’s arguments against the § 103(a) rejection of claims 4–22, 24–26, and 30–44 are merely repetitive of the above arguments against the § 103(a) rejection of claims 1–3, 23, and 27–29. Appeal Br. 29 et seq. Because the above arguments are unpersuasive, we sustain this rejection of claims 4–22, 24–26, and 30–44. Appeal 2019-000823 Application 14/024,058 13 OVERALL CONCLUSION We affirm the Examiner’s decision to reject claims 1–48.5 DECISION SUMMARY Claims Rejected 35 U.S.C. § Reference(s)/Basis Affirmed Reversed 1–4, 12–15, 23, 25, 27–30, 38–41 112, ¶ 1 Written Description 1–4, 12–15, 23, 25, 27–30, 38–41 1–3, 23, 27–29 103 Schwarz, Zhang1, Sugio, Chen 1–3, 23, 27–29 4, 30 103 Schwarz, Zhang1, Sugio, Chen, Zhang2 4, 30 5, 6, 8, 9, 24, 31, 32, 34, 35 103 Schwarz, Zhang1, Sugio, Guionnet 5, 6, 8, 9, 24, 31, 32, 34, 35 7, 33 103 Schwarz, Zhang1, Sugio, Guionnet, Kim 7, 33 10, 11, 36, 37 103 Schwarz, Zhang1, Sugio, Guionnet, Zhang2 10, 11, 36, 37 12–14, 25, 38–40 103 Schwarz, Zhang1, Sugio, Chen, Cai 12–14, 25, 38 40 15, 41 103 Schwarz, Zhang1, Sugio, Chen, Zhang2, Cai 15, 41 16, 17, 19, 20, 26, 42, 43, 45, 46 103 Schwarz, Zhang1, Sugio, Guionnet, Cai 16, 17, 19, 20, 26, 42, 43, 45, 46 18, 44 103 Schwarz, Zhang1, Sugio, Guionnet, Kim, Cai 18, 44 5 “The affirmance of the rejection of a claim on any of the grounds specified constitutes a general affirmance of the decision of the examiner on that claim.” 37 C.F.R. § 41.50. Appeal 2019-000823 Application 14/024,058 14 21, 22, 47, 48 103 Schwarz, Zhang1, Sugio, Guionnet, Zhang2, Cai 21, 22, 47, 48 Overall Outcome 1–48 TIME PERIOD FOR RESPONSE No time period for taking any subsequent action in connection with this Appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R. § 1.136(a)(1)(iv). AFFIRMED Copy with citationCopy as parenthetical citation