Ex Parte Ji et alDownload PDFPatent Trial and Appeal BoardMay 25, 201712061567 (P.T.A.B. May. 25, 2017) 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. 12/061,567 04/02/2008 Gang Ji 3382-80111-01 8717 26119 7590 05/30/2017 KLARQUIST SPARKMAN LLP 121 S.W. SALMON STREET SUITE 1600 PORTLAND, OR 97204 EXAMINER CLAWSON, STEPHEN J ART UNIT PAPER NUMBER 2461 NOTIFICATION DATE DELIVERY MODE 05/30/2017 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): docketing @klarquist.com u sdocket @ micro soft .com AS CChair @klarquist. com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte GANG JI, YONGJUN WU, FLORIN FOLTA, and NAVEEN THUMPUDI Appeal 2017-000198 Application 12/061,567 Technology Center 2400 Before DEBRA K. STEPHENS, JOSEPH P. LENTIVECH, and MICHAEL M. BARRY, Administrative Patent Judges. BARRY, Administrative Patent Judge. DECISION ON APPEAL Appellants1 appeal under 35 U.S.C. § 134(a) from a Final Rejection of claims 1—10, 12—19, and 21—25, which are all pending claims. We have jurisdiction under 35 U.S.C. § 6(b). We REVERSE. 1 Appellants identify the real party in interest as Microsoft Corporation. App. Br. 3. Appeal 2017-000198 Application 12/061,567 Introduction Appellants’ Specification explains that existing methods of detecting errors in encoded video bitstreams that recognize an error when encoded information does not conform to the encoding scheme’s syntax can fail to identify certain errors because, notwithstanding the error, the corrupted video data in the bitstream may conform to syntax requirements. Spec. 5 (Background). Appellants describe a decoder “which can detect errors in, for example, MPEG-2 coefficient blocks, even in syntactically-correct blocks, by checking for out-of-bounds coefficients.” Spec. 6 (Summary). Claim 1 is exemplary of the claimed subject matter (shown here with a dispositive limitation in italics)'. 1. A method for detecting an error in a syntactically- correct MPEG-2 bitstream in a video decoder, the method comprising: receiving compressed video information for a syntactically-correct block of an MPEG-2 bitstream, the block associated with a quantization matrix and a quantization scaler for scaling quantized transform coefficients of the block; computing an upper coefficient bound and a lower coefficient bound for a block of spatial coefficients from per transform coefficient weights based on the quantization matrix and the quantization scaler, the per transform coefficient weights depending on the quantization matrix and indicating coarseness of quantization during compression of the video information; performing dequantization and inverse discrete cosine transform on the block of the MPEG-2 bitstream to generate the block of spatial coefficients; detecting errors in the compressed video information in the bitstream for the block by checking whether any spatial coefficients in the block are out of bounds of a range for correct decoding of the block, wherein the checking includes 2 Appeal 2017-000198 Application 12/061,567 comparing the spatial coefficients in the block with the upper coefficient bound and the lower coefficient bound; and when at least one of the spatial coefficients in the block falls outside of the upper coefficient bound or the lower coefficient bound, concealing the block during display. App. Br. 25 (Claims App’x). Rejections and References Claims 1—4, 9, 10, 12—16, 19, and 21—23 stand rejected under 35 U.S.C. § 103(a) as unpatentable over Cancemi et al. (US 2006/0088107 Al; Apr. 27, 2006) and Li (US 6,507,614 Bl; Jan. 14, 2003). Final Act. ^U15, 21-25. Claims 24 and 25 stand rejected under 35 U.S.C. § 103(a) as unpatentable over Cancemi, Li, and Matthews (US 2002/0131647 Al; Sept. 19, 2002). Final Act. 8-9, 20-21. Claims 5—7, 17, and 18 stand rejected under 35 U.S.C. § 103(a) as unpatentable over Cancemi, Li, and Spampinato (US 2004/0258151 Al; Dec. 23, 2004). Final Act. 15-19, 25-27. Claim 8 stands rejected under 35 U.S.C. § 103(a) as unpatentable over Cancemi, Li, and Spampinato, and The Microsoft Windows Team, Microsoft® Windows® XP Professional Resource Kit, (2ded., publ. Jun. 13, 2003) (ISBN-10 0-7356-1974-3; ISBN-13 978-0-7356-1974-6). Final Act. 19—20 (“Windows XP Resource Kit”). ISSUE Based on Appellants’ arguments, a dispositive issue is whether the Examiner errs in finding the combination of Cancemi and Li teaches or suggests claim 1 ’s requirement for computing coefficient bounds for a block 3 Appeal 2017-000198 Application 12/061,567 of spatial coefficients from per transform coefficient weights, as recited. See App. Br. 11-14. ANALYSIS In rejecting claim 1, the Examiner finds Cancemi teaches “computing an upper coefficient bound and a lower coefficient bound” (Final Act. 4—5 (citing Cancemi H 217, 220)) and Li teaches that “decoding is implemented in the decoder by using per transform coefficient weights based on the quantization matrix and the quantization scaler” (Final Act. 6 (citing Li 2:32—36, Figs. 1, 3B)). The Examiner then reasons it would have been obvious to an ordinarily skilled artisan to combine the teachings of Cancemi and Li to perform the recited dispositive limitation of “computing an upper coefficient bound and a lower coefficient bound for a block of spatial coefficients from per transform coefficient weights based on the quantization matrix and the quantization scaler” (emphasis added). Final Act. 7. Appellants argue the Examiner errs because “there is no teaching or suggestion in Cancemi, Li, or elsewhere to use [] per transform coefficient weights when computing an upper coefficient and a lower coefficient bound for a block.” App. Br. 13 (emphasis added). The Examiner answers that “Cancemi in view of Li disclose these limitations; Applicant seeks an automaton contrary to the rulings of Supreme Court Justice Kennedy in KSR v. Teleflex, 82 USPQ 2d 1385, 1397[550 U.S. 398, 421 (2007)], which state[s] Tal person of ordinary skill in the art is also a person of ordinary creativity, not an automaton.’” Ans. 2. We agree with the Examiner’s characterization of the ordinarily skilled artisan from KSR. The artisan’s creativity, however, does not obviate the Examiner’s requirement to articulate “reasoning with some rational 4 Appeal 2017-000198 Application 12/061,567 underpinning” sufficient to support the conclusion of obviousness. In re Kahn, 441 F.3d 977, 988 (Fed. Cir. 2006); KSR, 550 U.S. at 418 (quoting Kahn). The Examiner errs by not articulating such a rational underpinning for why it would have been obvious, in view of Cancemi and Li, for computing the coefficient bounds ‘ from the per transform coefficient weights,” as recited. An abstracted essence of the disputed requirement is “computing [X2] from [Y3] based on [Z4].” Claim 22. We agree with the Examiner’s findings that Cancemi teaches or suggests computing X and Li teaches or suggests Y based on Z. See Final Act. 4—6. The Examiner does not, however, articulate a rational underpinning for how or why an ordinarily skilled artisan would have found it obvious, based on the teachings of Cancemi and Li, to compute X from Y based on Z. In reaching the conclusion that Cancemi and Li render obvious claim 1, the Examiner finds the motivation to combine their teachings to be: [T]o save bandwidth (as opposed to not compressing the data) which increases bandwidth available for other users and uses and further to conform to known standards MPEG which saves time and money (as opposed to creating a new standard) and further in order to recover the encoded data (e.g. the video is not usable until the conversion process is reversed at the decoder). Id. at 7. 21.e., X is “an upper coefficient bound and a lower coefficient bound for a block of spatial coefficients.” 31.e., Y is “per transform coefficient weights based on the quantization matrix and the quantization scaler.” 41. e., Z is “the quantization matrix and the quantization scaler.” 5 Appeal 2017-000198 Application 12/061,567 In response to Appellants’ challenge to the sufficiency of this motivation, see App. Br. 14, the Examiner answers: Applicant has claimed that the computation of an upper coefficient and a lower coefficient bound for a block of spatial coefficients which are from (or derived from) ‘per transform coefficient weights’ that are based on a quantization matrix and the quantization scalar. . . . [T]he spatial coefficients are derived from a quant matrix which contains transform coefficient weights. The upper and lower coefficient bounds are indirectly from the per transform coefficient weights and quant matrix because in order to decode data from the frequency domain to the spatial domain the per transform coefficient weights and quant matrix are used .... Ans. 5—6. We agree with Appellants the Examiner errs in these findings and reasons. See Reply Br. 3. The Examiner’s finding that “[t]he upper and lower coefficient bounds are indirectly from the per transform coefficient weights and quant matrix because in order to decode data from the frequency domain to the spatial domain the per transform coefficient weights and quant matrix are used” (Ans. 6) is not a rational underpinning for the conclusion of obviousness vis-a-vis the dispositive limitation. Assuming arguendo the correctness of this finding, this still is not a teaching or suggestion of computing the coefficient bounds from the per transform coefficient weights, as recited. Because we agree with at least one of the arguments advanced by Appellants, we need not reach the merits of Appellants’ other arguments. Accordingly, we agree with Appellants the Examiner errs in the rejection of claim 1. The other independent claims (2 and 16) also include requirements for computing a coefficient bound that are analogous to claim 1 ’s dispositive 6 Appeal 2017-000198 Application 12/061,567 requirement. See App. Br. 25, 27 (Claims App’x). Appellants argue the Examiner errs in rejecting claims 2 and 16 on the same basis as claim 1. See App. Br. 14—19. For the same reasons discussed supra for claim 1, we agree with Appellants the Examiner errs in rejecting claims 2 and 16. We also agree with Appellants that the prior art cited in rejection of the dependent claims does not cure the error in the rejection of the independent claims. See App. Br. 20, 22. Accordingly, we do not sustain the Examiner’s rejection of claims 1— 10, 12-19, and 21-25. DECISION For the above reasons, we reverse the rejection of claims 1—10, 12—19, and 21—25. REVERSED 7 Copy with citationCopy as parenthetical citation