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UNITED

STATES PATENT AND TRADEMARK

OFFICE
United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria. Virginia 22313-1450
www.uspto.gov

UNITED STATES DEPARTMENT OF COMMERCE

APPLICATION

NO.

FILING DATE

FIRST NAMED INVENTOR

ATTORNEY

DOCKET NO.

CONFIRMATION

NO.

90/009,847 22850 7590.

11/05/2010
07/01/2011

6658146

318713US
EXAMINER

2336

OBLON, SPIVAK, MCCLELLAND MAIER & NEUSTADT, L.L.P.
1940 DUKE STREET ALEXANDRIA, VA 22314
ART UNIT
PAPER NUMBER

DATE MAILED: 07/01/2011

Please find below and/or attached an Office communication concerning this application or proceeding.

PTO-90C

(Rev. 10/03)

Commissioner

for Patents

United States Patent and Trademark Office P.O. BOX1450
Alexandria, VA 22313-1450
~.uspto.gCN'

DO NOT USE IN PALM PRINTER
(THIRD PARlY REQUESTER'S CORRESPONDENCE ADDRESS)
................... l.

MAILED
JL"_ 0 1 2011
CENTRAL REEXAMINATION UNIT

i i

Mr. TracyW. Druce Novak Druce 1000 Louisiana Street Fifty-Third Floor Houston, Texas 77002

; ;

! :

EX PARTE REEXAMINATION COMMUNICATION TRANSMITIAL FORM
REEXAMINATION CONTROL NO. 90/009,847. PATENT NO. 6658146. ART UNIT 3992.

Enclosed is a copy of the latest communication from the United States Patent and Trademark Office in the above identified ex parte reexamination proceeding (37 CFR 1.550(f»),

Where this copy is supplied after the reply by requester, 37 CFR 1.535, or the time for filing a reply has passed, no submission on behalf of the ex parte reexarnlnation requester will be acknowledged or considered (37 CFR 1.550(g)).

PTOL-465 (Rev.07-04)

Control

No.

Office Action in Ex Parte Reexamination

90/009,847
Examiner HENRY N. TRAN

Patent Under Reexamination 6658146 Art Unit 3992

- The MAILING DA TE a~ cD

of this

communication

appears

on

the cover sheet with the correspondence

address

-

Responsive to the communication(s) filed on 05 November 2010. bD This action is made FINAL. A statement under 37 CFR 1.530 has not been received from the patent owner.

A shortened statutory period for response to this action is set to expire ~ month(s) from the mailing date of this letter. Failure to respond within the period for response will result in termination of the proceeding and issuance of an ex parte reexamination certificate in accordance with this action. 37 CFR 1.550(d). EXTENSIONS OF TIME ARE GOVERNED BY 37 CFR 1.550(c). If the period for response specified above is less than thirty (30) days, a response within the statutory minimum of thirty (30) days will be considered timely . . Part I THE FOLLOWING AITACHMENT(S) ARE PART OF THIS ACTION:

1. 2.
Part" 1a. 1b.

o
~ ~

o

Notice of References Cited by Examiner, PTO-892. Information Disclosure Statement, PTO/SB/08.

3. 4.

0 Interview
0

Summary, PTO-474.

SUMMARY OF ACTION Claims 1-4.8.13.16.18 and 19 are subject to reexamination. Claims 5-7.9-12.14.15.17 Claims __ Claims __ and 20-22 are not subject to reexamination. proceeding.

2. 0
3. 4. 5. 6. 7. 0 ~ 0 0 0

have been canceled in the present reexamination are patentable andlor confirmed.

Claims 1-4.8.13.16.18 and 19 are rejected. Claims __ are objected to. are acceptable. has been (7a)0 approved (7b)0 disapproved.

The drawings, filed on __

The proposed drawing correction, filed on __ Acknowledgment a)D All 10 20 3D 40 50

8. 0

is made of the priority claim under 35 U.S.C. c)D None

§ 119(a)-(d)

or (f).

b)D Some*

of the certified copies have

been received. not been received. been filed in Application No. __ .

been filed in reexamination

Control No. __ Bureau in PCT application No. __ .

been received by the International

* See the attached detailed Office action for a list of the certified copies not received. 9. 0 Since the proceeding appears to be in condition for issuance of an ex parte reexamination certificate except for formal matters, prosecution as to the merits is closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11,453 O.G. 213. Other: __

10. 0

cc: Requester (if third party requester)
U.S. Patent and Trademark Office

PTOL-466 (Rev. 08-06)

Office Action in Ex Parte Reexamination

Part of Paper No. 20110615

Application/Control Number: 90/009,847 Art Unit: 3992 DETAILED ACTION Ex Parte Reexamination

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I. SUMMARY OF PROCEEDINGS A Request pursuant to the provisions of35 U.S.C. 302 et seq. and 37 CFR 1.510 for ex parte reexamination of the U.S. Patent No. 6,658,146 (the '146 pat~nt) issued to Iourcha et al. was filed on November 05,2010 by the third party requester. An Order granting ex parte reexamination of the' 116 patent was mailed on January 26, 2011. The Order stated that there was a substantial new question of patentability affecting patent claims 1-4, 8, 13, 16, 18 and 19 of the '146 patent; and claims 1-4,8, 13, 16, 18 and 19 of the '146 patent will be reexamined.

II. STATUS OF CLAIMS The following is the status of the claims with respect to the request: Claims 1-4,8,13, 16, 18 and 19 of the '146 patent are reexamined in this Office Action.

Of these, claims 1, 8, 13 and 18 are independent claims. Claims 5-7, 9-12, 14, 15, 17, and 20-22 of the' 146 patent are not reexamined.

III. REFERENCES CITED BY THE REQUESTER AND/OR THE EXAMINER. The prior art patents and/or publications, hereinafter "the references", cited by the third party requester and/or the Examiner and relied upon in this Office Action are as follows:

Application/Control Number: 901009,847 Art Unit: 3992 1. 2. 3. U.S. Patent No. 5,046,119 ("Hoffert"). U.S. Patent No. 5,822,465 ("Normile"). Graphics Interchange Format, Version 89a, CompuServe Incorporated, July 31, 1990, 38 pgs ("GIF89a"). 4.

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CL550 JPEG Image Compression Processor, Preliminary Data Book, C-Cube Microsystems, September 1990, ("JPEG").

5.

Amiga Hardware Reference Manual, published September 1989 ("Amiga").

6.·

Hardware for Superior Texture Performance, published 1995 ("Knittel").

7.

Color Quantization by Dynamic Programming and Principal Analysis, published October 1992 ("Wu").

All of these references qualify as prior art under 35 U.S.C. § 102(b) and/or 35 U.S.C. § 102(e). Of these, only Normile reference was cited and/or relied upon to reject claims during a prior prosecution of the' 146 patent.

IV. RELEVANT STATUTES - CLAIM REJECTIONS A. Claim Rejections - 3S USC § 102 The following is a quotation of.the appropriate paragraphs of35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:

Application/Control Art Unit: 3992

Number: 90/009,847

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A person shall be entitled to a patent unless (b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.

B. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.

C. Detailed Analysis 1. Claims 1 and 3-4 are rejected under 35 U.S.C. 102(b) as being anticipated U.S. Patent No. 5,046,119 ("Hoffert"). Regarding claim 1, Hoffert, Fig. 9, teaches a system for encoding an image, comprising: by

an image decomposer, coupled to receive an image, for breaking the image into one or more image blocks, each image block having a set of colors (Hoffert, Fig. 9, teaches an image compression apparatus for compressing color digital video data; the data is considered in blocks of n x n pixels, e.g., blocks of 4 x 4 pixels; 4 x 4 blocks of color pixel data of raster scanned display as a group for compression; the blocks are considered one after the other in the direction of the scan; and a buffer 50 stores four scan lines of pixel data so that a block of 4 x 4 pixels data can then be compressed, each pixel data is 24 bit deep (ROB data), where the ROB data associated with each pixel is an "original image data value" for that pixel and the pixels data of the block are considered as "a set of colors"), see id., Fig. 9, col. 1:28-32, 1:48-61,3:12-20,4:4144, and 9:67-lO:4;

Application/Control Number: 90/009,847 Art Unit: 3992

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a
50

PIG_~·

""W

1ll.0CK

IOR2COlORS

ANOra OR as

..

. 32-eJT .. COLORS

.14

++:t===::::::1

COI.OR 5fLfCTOR

at least one block encoder for receiving each image block and for compressing each image block to generate an encoded image block (Hoffert, Fig. 9, illustrates that a buffer 50 receives and stores four scan lines of pixel data at a time so that a block of 4 x 4 pixels can then be compressed, and after the data for that block has been compressed (encoded image block), goes on to receive and store the next block in the direction of the scan for compressing), see id., Fig. 9, col. 1:46-61, and 9:67-10:4; wherein each block encoder includes a color quantizer for receiving each image block and for generating at least one codeword from which at least one quantized color is derived, the color quantizer having a selection module for computing a set of parameters from the set of colors, the at least one codeword derived from the set of parameters (Hoffert, Fig. 9, shows a

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Number: 901009,847

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block encoder containing multipliers, registers, comparators, and selectors that together acts as a color quantizer, which comprises a FIFO register 51, a Y comparator 65, a selector 73, two summers 74 and 75, and two dividers or shifters 78 and 79, for receiving each image block and for generating two diverse colors comprising a first diverse color 1 shown at point 38 of Fig. 5A, and a second diverse color 0 shown at point 39 of Fig. 5A, and two extended colors, colors OE and 1E, and they are considered as the codewords, or the set of codewords, from which two intermediate colors, colors 01 and 1I, which are quantized colors, are derived; wherein, the comparator acts as a selection module for computing a set of parameters (the luminance Y bands associated with colors OE, 01, 1I, and 1E) from the set of colors, the at least one codeword derived from the set of parameters), see id., Figs. 5A, 6, 7 and 9, col. 7:53-8:26, and 9:67 - 10 10:45; and an encoded image composer coupled to the block encoder for ordering the encoded image blocks into a data file (Hoffert further teaches: a memory 85 coupled to the block encoder for ordering the RGB-compressed data into the blocks of pixel data; the block of pixel data comprising at least two colors and an n x n bitmap is stored together as a file, e.g., the block of pixel data comprising two colors and 32-bit bitmap is stored together as a file), see id., Figs. 3 and 9, col. 1:56-64,3:4-6, and 4:3-12.

Claim 1 is therefore rejected.

Regarding

claim 3, Hoffert further teaches that each block encoder comprises: a bitmap

construction module for mapping the colors of an image block to one of the at least one quantized colors (Hoffert, Fig. 9, shows that the elements comprising: the Y bands block 70, the

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comparison means 71, the FIFO 72, the 2 new colors block 80, the map selector 86, and the color selector 87 acts as a bitmap construction module mapping the colors of an image block to one of the at least one quantized colors), see id., Figs. 7 and 9, col. 6:39-55, ~:6-26, and 11:13-25. Claim 3 is dependent upon the base claim 1, and it is therefore rejected on the same reasons set forth in claim 1, and by the reasons' discussed above.

Regarding

claim 4, Hoffert further teaches that the color quantizer further comprises: a

block type module, coupled to receive the image block, for selecting a block type for the image block (Hoffert, Fig. 9, shows that the elements comprising: the Y register 59, the 16 Y FIFO 63, Y comparison 65, the error accumulator 66, the comparison means 67,81, and 82, the four color block threshold (T3) 69, the constant color block threshold (Tl) 88, and the constant color block threshold (T2) 89 acts as a block type module for selecting a block type for the image block), see id., Figs. 7 and 9, col. 1:56-64,2:1-3,9:67-10:4, 10:46-59, 10:60-

11:8; and a codeword generation module for generating the least one codeword from the set of parameters generated by the selection module (Hoffert, Fig. 9, illustrates that the elements comprising: the buffer 50, the multipliers 52-54, the summer 56, the accumulator 57, the register 61, the multiplexer 62, and the Y comparator 65 together acts as a codeword generation module for computing a set of parameters (the luminance for each pixel of the image block) from the set of colors, for generating the least one codeword), see id., Figs. 5A, 6 and 9, col. 10:5-45. Claim 4 is dependent upon the dependent claim 3, and it is therefore rejected on the same reasons set forth in claim 3, and by the reasons discussed above.

Application/Control Number: 90/009,847 Art Unit: 3992 Note: The preceding rejections are substantially the same as that proposed by the

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Requester as set forth in the Claim Chart of the Exhibit CC-A submitted with the Request filed 11105/2010. To the extent that the Claim Chart of the Exhibit CC-A provides a more detailed explanation of the rejection, such explanation is hereby incorporated by reference.

2. Claims 2 and 8 are rejected under 35 U.S.C. 103(a) as being unpatentable Hoffert in view of GIF89a and JPEG.

over

Regarding claim 2, Hoffert, Fig. 9, teaches each and every claimed elements and limitations of the base claim 1. Hoffert, Figs. 2 and 3, further teaches the 2 bits header coding for identifying the block types for compression methods, see id., Figs. 1-3, and col. 2:14-15. Although Hofft:;rt does not teach a header converter, coupled to the image decomposer and the encoded image composer, for receiving a header from the image, modifying the header, and outputting the modified header with the data file. However, it is well-known in the computer signal/image processing art that a header consists of encoded data at the beginning of an encoded image file for providing information about the file, and the header of the encoded image file is separated and/or modified when the file is converted from one standard file type to another standard file type, or from one image format to another for encoding and/or decoding. For example, the use of a header referred to as an image descriptor at the beginning of an encoded image data file (e.g., a data stream) has become a standard for presenting an image in a compressed form; and the header of the encoded image data file is being separated and/or modified when the encoded image data file is compressed and/or decompressed, or when the file

Application/Control Art Unit: 3992

Number: 901009,847

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is converted from one image format to another, which are taught by the well-known image data compression/decompression techniques ofGIF89a, or JPEG, see id., GIF89a, pp. 7, 11-12, and

27; or JPEG, pg.70; and they are therefore also considered as a common knowledge within the level of an ordinary skilled person in the art at the time the invention was made. It would have been obvious to one of ordinary skill in the art at the time the invention was made to combine the teachings of Hoffert and the separation and/or modification the header of an encoded image file as taught by the well-known image data compression/decompression techniques ofGIF89a, or JPEG, or of the knowledge of one of ordinary skill in the computer signal/image processing art for producing the claimed invention because this would provide an improved image encoder engine that utilizes a header having necessary control information for sufficiently and effectively controlling the encoding technique and the amount of compressed data during compression operations for producing excellent anti-aliasing results, see id., Hoffert, col. 1:67-68. Claim 2 is dependent upon the base claim 1, and it is therefore rejected on the same reasons set forth in claim 1, and by the reasons discussed above.

Regarding

claim 8, which is a method claim corresponding to the apparatus claims 1 and

2; and it is therefore rejected on the same basis set forth in claims 1 and 2 as discussed above.

3. Claims 2 and 8 are rejected under 35 U.S.C. 103(a) as being unpatentable Hoffert in view of U.S. Patent No. 5,822,465 ("Normile").

over

Application/Control Number: 90/009,847 Art Unit: 3992 Regarding claim 2, Hoffert, Fig. 9, teaches each and every claimed elements and

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limitations of the base claim 1. However, Hoffert does not teach the claimed element: "a header converter", as recited in claim 2. Normile teaches a system 300 for encoding and decoding image data; wherein, a header converter, coupled to the image decomposer and the encoded image composer, for receiving a header from the image, modifying the header, and outputting the modified header with the data file (Normile, Figs. 3 and 10, teaches that an encoded image file (the bit stream syntax 350), which includes a fram~ header 1021 containing information about the image, such as the image size in width and height and the frame type, coupled to the encoder 301 and the decoder 351, for receiving a header from the image, modifying the header, and outputting the modified header with the data file, see id., Figs. 3, 10 and 12, col. 2:37-65,20:21-40,20:49-60, and 22:8-14.

It would have been obvious to one of ordinary skill in the art at the time the invention was made to combirie the teachings of Hoffert and the header converter of an encoded image file as taught by Normile in the computer signallimage processing art for producing the claimed invention because this would utilize a header having necessary control information for sufficiently and effectively controlling the encoding technique and the amount of compressed data during compression operations for producing excellent anti-aliasing results, see id., Hoffert, col. 1:67-68; and it would also provide an improved image encoder engine that allows for the flexibility of future compatible changes to the bit stream and to communicate the information necessary, to decode the image without creating excessive decoding overhead, see

id., Normile, col. 20:31-38.

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Claim 2 is dependent upon the base claim 1, and it is therefore rejected on the same reasons set forth in claim 1, and by the reasons discussed above.

Regarding

claim 8, which is a method claim corresponding to the apparatus claims I and

2; and it is therefore rejected on the same basis set forth in claims 1 and 2 as discussed above.

4. Claims 13 and 18 are rejected under 35 U.S.C. 103(a) as being unpatentable Hoffert in view of "Color Quantization published October 1992" ofWu ("Wu"). Regarding by Dynamic Programming

over

and Principal Analysis,

claim 13, Hoffert teaches a method of compressing an original image block

having a first set of color points defined within a selected color space (Hoffert, Fig. 3, teaches a block diagram used to describe the method of compressing an original image block of n x n pixels, e.g., a block of 4 x 4 pixels, each pixel data is 24 bit deep ofRGB color pixel data comprising 8 bits representing the color Red R, 8 bits representing the color Green G, and 8 bits representing the color Blue B, where the RGB data associated with each pixel is an "original image data value" for that pixel and the pixels data of the block are considered as "a set of colors", and the RGB data associated with each pixel are considered as a first set of color points defined within a selected color space), see id., Fig. 3, col. 1:48-51,2:64-68, comprising the steps of: computing a set of computed colors using the set of codewords (Hoffert teaches computing two intermediate colors, colors 01 and 1I, using two extended diverse colors, colors OE and IE, which are codewords, see id., Fig. 6, and col. 7:53 to col. 8:5; and 3:12-20,

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mapping each of the first set of color points to one of the computed colors or one of the
\

codewords to produce an index for each of the first set of color points (Hoffert teaches generating a set of two-bit indices, referred to as a double bitmap, that indicates which of the four colors (two extended diverse colors and two intermediate colors) is closest in luminance to the original color of each pixel in the block), see id., Fig. 7, col. 2:34-36,6:39-49, and using the indices produced by the mapping each of the first set of color points and the set of codewords to represent the first set of color points (Hoffert teaches using the two diverse colors or the two extended colors (the set of codewords) and the bitmap of indices are stored to represent the original image block, see id., col. 4:32-45, and 6:41-52. However, Hoffert does not teach the steps of: (i) fitting a geometric element to the first set of color points so that the geometric element includes a second set of color points having a minimal moment of inertia when fitted to the center of gravity of the first set of color points; and (ii) computing a set of codewords from the second set of color points; Wu teaches the steps of: (i) "fitting a geometric element to the first set of color points so that the geometric element includes a second set of color points having a minimal moment of inertia when fitted to the center of gravity of the first set of color points" (Wu teaches generating the principle axis of the original data (data set S is considered as the first set of color points); and the principle axis also passes through the center of gravity (i.e., the average) ofthe "first set of color points) by using the classic principle-component analysis technique, and projecting the and 8:6-26;

colors data onto the principle axis to create a second set of color points with a minimal moment of inertia when fitted to the center of gravity, see id., Wu, "Optimal Principle Quantize", section

Application/Control Art Unit: 3992

Number: 90/009,847

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4.2 of page 355; (ii) computing a set of codewords from the second set of color points (Wu computes a set of representative colors using the principle axis which comprises the "second set of color points", wherein, the mean distance of the original color points to the representative color is minimized - minimizing E(q) over all possible k, see id, Wu, section 4.2 of pages 355356. It would have been obvious to one of ordinary skill in the art at the time the invention was made to utilize the color selection method as taught by Wu for the color selecting method of Hoffert for producing the claimed invention because this would provide an improved image compression system capable of providing an enhanced ability to perform more optimal colors selections with more accuracy. By said rationale, claim 13 is rejected.

Regarding claim 18, Hoffert teaches a method of compressing an original image having a set of pixel parameters, each pixel parameter including a color point parameter defined within an RGB color space, see id., Fig. 3, col. 1:28-32,2: 14-14, and 2:64-68, comprising: dividing the original image into at least one block of pixel parameters, see id., col. 1:28-32, 1:4851,3:12-20, and 9:41-44; identifying a block type of the at least one block of pixel parameters (Hoffert teaches determining a block type by one of the four types: "00", "01", "10", or "11 "), see id., Fig. 2, col. 3:27-40,5:30-35,5:60-6:7, and 6:10-20; computing a set of computed colors

using the set of codewords (Hoffert teaches computing two intermediate colors, colors OJ and 1I, using two extended diverse colors, colors OE and 1E, which are codewords, see id., Fig. 6, and col. 7:53 to col. 8:5; mapping each of the first set of color points to one of the computed colors or

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Art Unit: 3992

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one of the codewords to produce an index for each of the first set of color points (Hoffert teaches generating a set of two-bit indices, referred to as a double bitmap, that indicates which of the four colors (two extended diverse colors and two intermediate colors) is closest in luminance to the original color of each pixel in the block), see id., Fig. 7, col. 2:34-36,6:39-49, and 8:6-26;

and presenting the block of pixel by the set of codewords, the block type, and each index produced by the mapping, see id., col. 4:32-45, and 6:41-52. However, Hoffert does not teach the steps of: computing a center of gravity for a set of color point parameters associated with the block of pixel parameters; fitting a geometric element to the set of color point parameters associated with the block of pixel parameters so that the geometric element includes a subset of color point parameters having a minimal moment of inertia when fitted to the center of gravity; computing a set of codewords from the subset of color point parameters; computing a set of computed color point parameters using the set of codewords; mapping each of the pixel parameters within the block of pixel parameters to one of the computed color point parameters or to one of the codewords to produce an index for each of the pixel parameters within the block of pixel parameters; and representing the block of pixel parameters by using the set of codewords, and the block type, and each index produced by mapping. Wu teaches the steps of: (i) "fitting a geometric element to the first set of color points so that the geometric element includes a second set of color points having a minimal moment of inertia when fitted to the center of gravity of the first set of color points" (Wu teaches generating the principle axis of the original data (data set S is considered as the first set of color points); and the principle axis also passes through the center of gravity (i.e., the average) of the "first set of

Application/Control Number: 901009,847 Art Unit: 3992 color points) by using the classic principle-component

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analysis technique, and projecting the

colors data onto the principle axis to create a second set of color points with a minimal moment of inertia when fitted to the center of gravity, see id., Wu, "Optimal Principle Quantize", section 4.2 of page 355; (ii) computing a set of code words from the second set of color points (Wu computes a set of representative colors using the principle axis which comprises the ."second set of color points", wherein, the mean distance of the original color points to the representative color is minimized - minimizing E(q) over all possible k, see id, Wu, section 4.2 of pages 355356; and (iii) fitting a geometric element to the first set of color point parameters associated with the block of pixel parameters so that the geometric element includes a subset of color point parameters having a minimal moment of inertia when fitted to the center of gravity; computing a set of codewords from the subset of color point parameters {Wu teaches: determining the principle axis of the original colors and projecting the original colors (the first set of color points) onto the principle axis to define a subset of color point parameters, and because the subset of color point parameters are on the principle axis, they have aminimal moment of inertia when fitted to the center of gravity, see Wu, pages 355; and computing a set of representative colors using the principle axis (Wu projects the original colors onto the principle axis; then the projected colors are divided into clusters by finding planes perpendicular to the principle axis, a representative color for each cluster is determined), see pages 355-356: It would have been obvious to one of ordinary skill in the art at the time the invention was made to utilize the method steps of computing a set of representative colors u~ing the principle axis and the minimized mean distance technique based on the first set of color point parameters associated with the block of pixel parameters as taught by Wu for the color selecting

Application/Control Art Unit: 3992

Number: 90/009,847

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method steps of Hoffert for producing the claimed invention because this would provide an improved image compression system capable of providing an enhanced ability to perform more optimal colors selections with more accuracy. By said rationale, claim 18 is rejected.

5. Claims 16 and 19 are rejected under 35 U.S.C. 103(a) as being unpatentable over Hoffert in view of Wu, as applied to claims 13 and 18 above, and further in view of GIF89a.
Hoffert in view ofWu teaches the all the claimed elements and limitations of base Claims 13 and 18, as discussed in item 4 above. However, Hoffert and Wu, either alone or in combination, fails to teach the claimed limitations: (i) wherein mapping further includes mapping a first set color point to a predefined index, if the first set color point represents an alpha value as recited in claim 16; or (ii) wherein mapping further includes mapping a pixel parameter within the block of pixel parameters to a predefined index, if the pixel parameter represents a transparency identifier as recited in claim 19. " GIF89a teaches the following limitations of Claims 16 and 19: (i) "wherein mapping further includes mapping a first set color point to a predefined index, if the first set color point represents an alpha value.", and (ii) wherein mapping further includes mapping a pixel parameter within the block of pixel parameters to a predefined index, if the pixel parameter represents a transparency identifier." (GIF89a teaches: (i) each pixel in the image is represented by an index into the active color table, see id., GIF89a - sectionZz: "Table Based Image Data" of pages 1415; and (ii) a transparent index used to represent transparent pixels (the transparent index is also

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read on the claim term "alpha value")), see id., GIF89a - section 23. (c)(iv) "Graphic Control Extension" of page 16. It would have been obvious to one of ordinary skill in the art at the time the invention was made to utilize a transparent index as taught by GIF89a in the image compression methods as taught by Hoffert and Wu because this would provide an improved color image compressing system capable of enhancing the graphic rendering ability to represent transparency rather than a color so that any color of the original image representing a transparency/alpha mapped to the transparency index for producing high quality color images. Claims 16 and 19 are dependent upon the base claims 13 and 18, respectively, and they are therefore rejected on the same reasons set forth in claims 13 and 18, and by the reasons discussed above. value would be

6. Claims 16 and 19 are rejected under 35 U.S.C. 103(a) as being unpatentable over Hoffert in view ofWu, as applied to claims 13 and 18 above, and further in view of "Amiga Hardware Reference Manual", published September 1989 (" Amiga ").
Hoffert in view ofWu teaches the all the claimed elements and limitations of base Claims 13 and 18, as discussed in item 4 above. However, Hoffert and Wu, either alone or in combination, fails to teach the claimed limitations: (i) wherein mapping further includes mapping a first set color point to a predefined index, if the first set color point represents an alpha value as recited in claim 16; or (ii) wherein mapping further includes mapping a pixel parameter within the block of pixel parameters to a

Application/Control Number: 90/009,847 Art Unit: 3992

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predefined index, if the pixel parameter represents a transparency identifier as recited in claim 19. Amiga teaches the limitations of Claims 16 and 19: (i) "wherein mapping further includes mapping a first set color point to a predefined index, if the first set color point represents an alpha value.", and (ii) wherein mapping further includes mapping a pixel parameter within the block of pixel parameters to a predefined index, if the pixel parameter represents a transparency identifier." (Amiga teaches each pixel has a two-bit index indicating its color, wherein, the special index, "00", used to represent transparent pixels, wherein, "The binary number 00 is special in this color scheme ... A pixel whose value is 00 becomes transparent and shows the color of any other sprite or playfield that has lower video priority", wherein alpha value is considered as relatirig to an indication of a level of transparency), see id., Fig. 4-5 and 4-6, pages 99-100; It would have been obvious to one of ordinary skill in the art at the time the invention was made to utilize the special index for representing transparency of Amiga with the compression system as taught by Hoffert and Wu because this would provide an improved color image compressing system capable of enhancing the graphic rendering ability to represent transparency rather than a color so that any color of the original image representing a transparency/alpha value would be mapped to the transparency index for producing high quality color images. Claims 16 and 19 are dependent upon the base claims l3 and 18, respectively, and they are therefore rejected on the same reasons set forth in claims 13 and 18, and by the reasons discussed above.

Application/Control Number: 901009,847 Art Unit: 3992

Page 19

7. Claims 13 and 18 are rejected under 35 U.S.C. 103(a) as being unpatentable Hoffert in view of "Hardware ("Knittel"). for Superior Texture Performance", published 1995

over

The proposed rejections recited in the Claim Chart for claims 13 and 18 of Exhibit CC-G provided by the Requester is fully adopted. The Examiner incorporates by reference the detailed explanation of the manner of applying the Hoffert and the Knittel references as recited in the Claim Chart for claims 13 and 18 of Exhibit CC-G submitted with the Request filed 11/05/2010.

8. Claims 16 and 19 are rejected under 35 U.S.C. 103(a) as being unpatentable Hoffert in view of Knittel, as applied to claims 13 and 18 above, and further in view of GIF89a.

over

The proposed rejections recited in the Claim Chart for claims 16 and 19 of Exhibit CC-H provided by the Requester is fully adopted. The Examiner incorporates by reference the detailed explanation of the manner of applying the Hoffert, Knittel, and GIF89a references as recited in the Claim Chart for claims 16 and 19 of Exhibit CC-H submitted with the Request filed 11/05/2010.

Application/Control Art Unit: 3992

Number: 901009,847

Page 20

9. Claims 16 and 19 are rejected under 35 U.S.C. 103(a) as being unpatentable over Hoffert in view of Knittel, as applied to claims 13 and 18 above, and further in view of Amiga.
The proposed rejections recited in the Claim Chart for claims 16 and 19 of Exhibit CC-I provided by the Requester is fully adopted. The Examiner incorporates by reference the detailed explanation of the manner of applying the Hoffert, Knittel, and Amiga references as recited in the Claim Chart for claims 16 and 19 of Exhibit CC-I submitted with the Request filed 11/05/2010.

V. CONCLUSION

A. Submissions
In order to ensure full consideration of any amendments, affidavits or declarations, or other documents as evidence of patentability, such documents must be submitted in response to this Office action. Submissions after the next Office action, which is intended to be a final action, will be governed by the requirements of 37 CFR 1.116, after final rejection and 37 CFR 41.33 after appeal, which will be strictly enforced.

B. Extensions of Time

Application/Control Number: 90/009,847 Art Unit: 3992

Page 21

Extensions of time under 37 CFR 1.136(a) will not be permitted in these proceedings because the provisions of 37 CFR 1.136 apply only to "an applicant" and not to parties in a reexamination proceeding. Additionally, 35 U.S.C. 305 requires that reexamination proceedings "will be conducted with special dispatch" (37 CFR 1.550(a». Extensions of time in ex parte reexamination proceedings are provided for in 37 CFR 1.550(c). See MPEP § 2265.

c. Litigation

Reminder

The patent owner is reminded of the continuing responsibility under 37 CFR 1.565(a) to apprise the Office of any litigation activity, or other prior or concurrent proceeding, involving Patent No. 6,658,146 throughout the course of this reexamination proceeding. 2207, 2282 and 2286. See MPEP §§

D. Amendment in Reexamination Proceedings Patent owner is notified that any proposed amendment to the specification and/or claims in this reexamination proceeding must comply with 37 CFR 1.530(d)-U), must be formally presented pursuant to 37 CFR 1.52(a) and (b), and must contain any fees required by 37 CFR 1.20(c). See MPEP § 2234 and 2250(IV) for examples to assist in the preparation of proper proposed amendments in reexamination proceedings.

E. Service of Papers All correspondence related to this Ex Parte reexamination proceeding should be directed:

Application/Control Number: 901009,847 Art Unit: 3992 ByEFS: Registered users may submit via the electronic filing system EFS-Web, at https:l/sportal.uspto.gov/authenticate/ authenti cateuserlocalepf.html. Mail Stop Ex Parte Reexam Central Reexamination Unit Commissioner for Patents United States Patent & Trademark Office P.o. Box 1450 Alexandria, VA 22313-1450

Page 22

By Mail to:.

By FAX to:

(571) 273-9900 Central Reexamination Unit

By hand:

Customer Service Window Randolph Building 401 Dulany Street Alexandria, VA 22314

Telephone numbers for reexamination inquiries: Reexamination and Amendment practice: Central Reexamination Unit (CRU): (571) 272-7703

(571) 272-7705

Any inquiry concerning this communication or earlier communications from the examiner, or as to the status of this proceeding, should be directed to the Central Reexamination Unit at telephone number (571) 272-7705.

/Henry N Trani Henry Tran, Primary Examiner CRU - Art Unit 3992

Application/Control Number: 901009,847
Art Unit: 3992

Page 23

Conferees:

kS:(
Eric Keasel, SPE, CRU- Art Unit 3992

Primary Examiner, CRU- Art Unit 3992

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

APPLICA TlON NO.

FILING DATE

FIRST NAMED INVENTOR

ATTORNEY

DOCKET NO.

CONFIRMA nON

NO.

90/009,846
22850 7590

11/0512010
07/0112011

6683978

381714US
EXAMINER

2840

OBLON, SPIVAK, MCCLELLAND
1940 DUKE STREET ALEXANDRIA, VA 22314

MAIER & NEUSTADT, L.L.P.
ART UNIT PAPER NUMBER

DATE MAILED: 07/0112011

Please find below and/or attached an Office communication concerning this application or proceeding.

PTO-90C

(Rev. 10/03)

@

UNITED STATES PATENT AND TRADEMARK OFFICE
Commissioner for Patents United States Patents and Trademark Office P.O.Box 1450 Alexandria, VA 22313-1450 www.uspto.gov

THIRD PARTY REQUESTER'S

CORRESPONDENCE

ADDRESS

Date:

1-1-11

NOVAK DRUCE & QUIGG (NDQ REEXAMINATION GROUP) 1000 Louisiana Street, 53rd Floor Houston, TX 77002

EX PARTE REEXAMINATION

COMMUNICATION

TRANSMITTAL

FORM

REEXAMINATION CONTROL NO. : 90009846 PATENT NO. : 6683978 ART UNIT : 3992

Enclosed is a copy of the latest communication from the United States Patent and Trademark Office in the above identified ex parte reexamination proceeding (37 CFR 1.550(f)). Where this copy is supplied after the reply by requester, 37 CFR 1.535, or the time for filing a reply has passed, no submission on behalf of the ex parte reexamination requester will be acknowledged or considered (37 CFR 1.550(g)).

Office Action in Ex Parte Reexamination

Control No. 90/009,846 Examiner HENRY N. TRAN

Patent Under Reexamination 6683978 Art Unit 3992

-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address -a~ c~ Responsive to the communication(s) filed on 05 November 2010. bO This action is made FINAL. A statement under 37 CFR 1.530 has not been received from the patent owner.

A shortened statutory period for response to this action is set to expire 2. month(s) from the mailing date of this letter. Failure to respond within the period for response will result in termination of the proceeding and issuance of an ex parte reexamination certificate in accordance with this action. 37 CFR 1.550(d). EXTENSIONS OF TIME ARE GOVERNED BY 37 CFR 1.550(c). If the period for response specified above is less than thirty (30) days, a response within the statutory minimum of thirty (30) days will be considered timely. Part I
1.

THE FOLLOWING ATTACHMENT(S) ARE PART OF THIS ACTION:

2.
. Part II

o

D

Notice of References Cited by Examiner, PTO-892. Information Disclosure Statement, PTO/SB/08.

3. 4.

0 0

lnterview Summary, PT0-474.

SUMMARY OF ACTION Claims 11 and 14-16 are subject to reexamination. Claims 1-10.12,13 and 17-29 are not subject to reexamination. Claims __ Claims __ have been canceled in the present reexamination proceeding. are patentable and/or confirmed.

1a. ~ 1b. ~ 2. 0 3.

D D

4. ~ 5.

Claims 11 and 14-16 are rejected. Claims __ are objected to. are acceptable. has been (7a)0 approved (7b)0 disapproved.

6. 0 7. 0 8. 0

The drawings, filed on __

The proposed drawing correction, filed on __

Acknowledgment is made of the priority claim under 35 U.S.C. § 119(a)-(d) or (f). a)O All b)O Some" c)O None 10 20 30 40 50 been received. not been received. been filed in Application No. __ . of the certified copies have

been filed in reexamination Control No. __ been received by the International Bureau in PCT application No. __ .

• See the attached detailed Office action for a list of the certified copies not received. 9. 0 Since the proceeding appears to be in condition for issuance of an ex parte reexamination certificate except for formal matters, prosecution as to the merits is closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11,453 O.G. 213. Other: __

10.0

cc: Requester (ifthirdj)arty requester)
U.S. Patent and Trademarl< Office

PTOL-466 (Rev. 08-06)

Office Action

in Ex Parte Reexamination

Part

of Paper No. 20110622

Application/Control Number: 90/009,846 Art Unit: 3992

Page 2

DETAILED ACTION Ex Parte Reexamination

I. SUMMARY OF PROCEEDINGS
A Request pursuant to the provisions of35 U.S.C. 302 et seq. and 37 CFR 1.510 for ex parte reexamination claims 11, 14, 15, and 16 of the U.S. Patent No. 6,683,978 (the '978 patent) issued to Iourcha et al was filed on November OS, 2010 by the third party requester. An Order granting ex parte reexamination of claims 11, 14, 15, and 16 of the '978 patent was mailed on January 26, 2011. The Order stated that there was a substantial new question of patentability affecting patent claims 11, 14, 15, and 16 of the '978 patent; and claims 11, 14, 15, and 16 of the '978 patent will be reexamined.

II. STATUS OF CLAIMS
The following is the status of the claims with respect to the request: Claims 11, 14, 15, and 16 of the '978 patent are reexamined in this Office Action. Of these, claims 11, 14 and 15 are independent claims. Claims 1-10, 12, 13, and 17-29 of the '978 patent are not reexamined.

Application/Control Number: 90/009,846 Art Unit: 3992 III. REFERENCES CITED BY THE REQUESTER AND/OR THE EXAMINER.

Page 3

The prior art patents and/or publications, hereinafter "the references", cited by the third party requester and/or the Examiner, which are relied upon in this Office Action, are as follows: 1. 2. 3. U.S. Patent No. 5,046,119 ("Hoffert"). U.S. Patent No. 5,822,465 ("Normile"). . Graphics Interchange Format, Version 89a, CompuServe Incorporated, July 31, 1990, 38 pgs ("GIF89a"). 4. Amiga Hardware Reference Manual, published September 1989 ("Amiga").

5.

Hardware for Superior Texture Performance, published 1995 ("Knittel").

6.

Color Quantization by Dynamic Programming and Principal Analysis, published October 1992 ("Wu").

All of the above-identified references qualify as prior art under 35 U.S.C. § 102(b) and/or 35 U.S.C. § 102(e). Of these, only the Normile reference was cited and relied upon to reject claims during a prior prosecution of the' 146 patent.

IV. RELEVANT STATUTES - CLAIM REJECTIONS

Application/Control Number: 901009,846 Art Unit: 3992 A. Claim Rejections - 35 USC § 102

Page 4

The following is a quotation of the appropriate paragraphs of35 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 (b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.

B: Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections ~et forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.

C. Detailed Analysis

1. Claim 11 is rejected under 35 U.S.C. 103(a) as being unpatentable view of GIF89a.

over Hoffert in

Hoffert teaches an encoded data format for representing an original image block having a pixel color set (Hoffert, Fig. 9, teaches an encoded image data system for compressing (or encoding) an original color digital video data partitioned into image blocks of n x n pixels each pixel is 24 bits deep of color data comprising 8 bits representing the color Red (R), 8 bits representing the color Green (G), and 8 bits representing the color Blue (B) for producing compressed image blocks of n x n pixels data), see id., Fig. 9, col. 1:48-51, 1:64-68, 2:39-40, and 3 :9-20, comprising:

Application/Control Number: 90/009,846
Art Unit: 3992

Page 5

a codeword portion for storing at least one codeword (Hoffert, Fig. 2, teaches a data format comprising a codeword portion for storing two codewords, e.g., for the coding type "11"block of four colors: 64 bits are used for each 4 x 4 block, two codewords are stored in the first 32 bits portion (FIGIIFIRST WORD + 16 BITS 2ND COLOR», see id., Figs. 1 and 2, and col. 1:62-67,2:8-13,4:29-45,6:49-51, and 7:53 - 8:5;

a bitmap portion for storing a set of indices (Hoffert, Fig. 2, teaches a data format

comprising a bitmap portion, 32 BITS/DOUBLE BITMAP, for storing a set of indices), the bitmap portion constructed by a bitmap construction module comprising comparators 81 and 82, a M selector 86, and a color selector 87 for utilizing the codeword portion associated with the bitmap portion, wherein said two codewords define the four colors, OE, 01, 1I, and IE, that approximate the pixel color set of one of the original image blocks, and said indices map the pixel color set to said set of four colors), see id., Figs. 1, 2, 6-7, and 9, and col. 1:62-67, 2: 8-13, 2:30-36,2:39-40,4:29-45,6:49-51, and 7:~3 - 8:26.

However, Hoffert does not teach the following feature or limitation: "said set of indices includes an available index for representing a transparent identifier". GIF89a teaches the missing feature or limitation: "said set of indices including an available index for representing a transparent identifier" (GIF89a teaches: (i) each pixel in the image is represented by an index into the active color table, see id., GIF89a, "Table Based Image Data" of section 22, pages 14-15; and (ii) a transparent index is used for a represent transparent pixel, see id., GIF89a, "Graphic Control Extension" of section 23(c)(vi), (viii) of pages 15 and 16.

Application/Control Number: 90/009,846 Art Unit: 3992

Page 6

It would have been obvious to one of ordinary skill in the art at the time the invention was made to utilize a transparent index as taught by GIF89a in the image data format as taught by Hoffert because this would provide an improved color image compressing system and format capable of enhancing the graphic rendering ability to represent transparency rather than only colors so that any color of the original image representing a transparency value would be mapped to the transparency index for producing high quality color images. Claim 11 is therefore rejected.

2. Claim 11 is rejected under 35 U.S.c. 103(a) as being unpatentable over Hoffert in view of" Amiga"). Hoffert teaches an encoded' data format for representing an original image block having a pixel color set (Hoffert, Fig. 9, teaches an encoded image data system for compressing (or encoding) an original color digital video data partitioned into image blocks of n x n pixels each pixel is 24 bits deep of color data comprising 8 bits representing the color Red (R), 8.bits representing the color Green (G), and 8 bits representing the color Blue (B) for producing compressed image blocks ofn x n pixels data), see id., Fig. 9, col. 1:48-51, 1:64-68,2:39-40, 3:9-20, comprising: a codeword portion for storing at least one codeword (Hoffert, Fig. 2, teaches a data format comprising a codeword portion for storing two codewords, e.g., for the coding type "11"block of four colors: 64 bits are used for each 4 x 4 block, two codewords are stored in the first 32·bits portion (FIGIIFIRST WORD + 16 BITS 2ND COLOR», see id., Figs. 1 and 2, and col. 1:62-67, 2:8-13, 4:29-45, 6:49-51, and 7:53 - 8:5; and

Application/Control Number: 90/00'9,846 Art Unit: 3992 a bitmap portion for storing a set of indices (Hoffert, Fig. 2, teaches a data format

Page 7

comprising a bitmap portion, 32 BITSIDOUBLE BITMAP, for storing a set of indices), the bitmap portion constructed by a bitmap construction module comprising comparators 81 and 82, a M selector 86, and a color selector 87 for utilizing the codeword portion associated with the bitmap portion, wherein said two codewords define the four colors, OE, 01, 1I, and IE, that approximate the pixel color set of one of the original image blocks, and said indices map the pixel color set to said set of four colors), see id., Figs. 1,2,6-7, 2:30-36,2:39-40,4:29-45,6:49-51, and 7:53 - 8:26. and 9, and col. 1:62;..67,2:8-13,

However, Hoffert does not teach the following feature or limitation: "said set of indices includes an available index for representing a transparent identifier". Amiga teaches the missing limitation: "said set of indices including an available index for representing a transparent identifier" (Amiga teaches: (i) a data format using binary data comprising the Os and 1s for presenting images by using indices that specify colors from a limited set of colors comprising three colors or transparent, see id., Amiga, SPRITE COLOR, pages 98-99, and (ii) a pixel whose value is 00 becomes transparent and shows the color of any other sprites or playfield that has lower video priority, see id., Amiga, Fig. 4-6, pagel 00. It would have been obvious to one of ordinary skill in the art at the time the invention was made to use the special index for transparency of Amiga with the compression technique of Hoffert because this would provide an improved color image compressing system and format capable of enhancing the graphic rendering ability to represent transparency rather than only colors so that any color of the original image representing a transparency value would be mapped to the transparency index for producing high quality color images.

Application/Control Number: 901009,846 Art Unit: 3992 Claim 11 is therefore rejected.

Page 8

3. Claim 14 is rejected under 35 U.S.C. 103(a) as being unpatentable view of "Knittel").

over Hoffert in

Hoffert teaches an encoded data format for representing an original image block having a pixel color set (Hoffert, Figs. 2 and 9, teaches an encoded image data system for compressing (or encoding) an original color digital video data partitioned into image blocks of n x n pixels each pixel is 24 bits deep of color data comprising 8 bits representing the color Red (R), 8 bits representing the color Green (G), and 8 bits representing the color Blue (B) for producing compressed image blocks of n x n pixels data), see id., Fig. 9, col. 1:48-51, 1:64-68, 2:39-40, and 3:9-20, comprising: a codeword portion for storing at least one codeword (Hoffert, Fig. 2, teaches a data format comprising a codeword portion for storing two codewords, e.g., for the coding type "11"block of four colors: 64 bits are used for each 4 x 4 block, two codewords are stored in the first 32 bits portion (FIGIIFIRST WORD + 16 BITS 2ND COLOR», see id., Figs. 1 and 2, and col. 1:62-67,2:8-13,4:29-45,6:49-51, and 7:53 - 8:5;

a bitmap portion for storing a set of indices (Hoffert, Fig. 2, teaches a data format comprising a bitmap portion, 32 BITSIDOUBLE BITMAP, for storing a set of indices), the bitmap portion constructed by a bitmap construction module comprising comparators 81 and 82, a M selector 86, and a color selector 87 for utilizing the codeword portion associated with the bitmap portion, wherein said two codewords define the four colors, OE, 01, 1I, and IE, that approximate the pixel color set of one of the original image blocks, and said indices map the

Application/Control Number: 901009,846 Art Unit: 3992

Page 9

pixel color set to said set of four colors), see id., Figs. 1, 2, 6-7, and 9, and col. 1:62-67, 2: 8-13, 2:30-36,2:39-40,4:29-45,6:49-51, and 7:53 - 8:26.

However, Hoffert does not teach the following feature or limitation: "said set of colors are computed using a geometric element fitted to said pixel color set so that said geometric element has a minimal moment of inertia". Knittel teaches the missing limitation: "said set of colors are computed using a geometric element fitted to said pixel color set so that said geometric element has a minimal moment of inertia" (Knittel teaches computing a set of colors by using a geometric element fitted to a pixel color set so that said geometric element has a minimal moment of inertia, wherein, a·Block Truncation Coding / Color Cell Compression technique determining two clusters of colors using a geometric element with a minimal moment of inertia and using it to compute the set of colors, see id., Knittel, sections 2 and 3, pages 35 and 36. It would have been obvious to one of ordinary skill in the art at the time the invention was made to use the geometric element fitted to a pixel color set so that said geometric element has a minimal moment of inertia of Knittel with the compression technique of Hoffert because this would provide an improved color image compressing system and format capable of enhancing the graphic rendering ability to represent transparency rather than only colors so that any color of the original image representing a transparency value would be mapped to the transparency index for producing high quality color images. Claim 14 is therefore rejected.

Application/Control Number: 90/009,846
Art Unit: 3992

Page 10

4. Claim 14 is rejected under 35 U.S.C. 103(a) as being unpatentable over Hoffert in view of "Wu").
Hoffert teaches an encoded data format for representing an original image block having a pixel color set (Hoffert, Figs. 2 and 9, teaches an encoded image data system for compressing (or encoding) an original color digital video data partitioned into image blocks of n x n pixels each pixel is 24 bits deep of color data comprising

8 bits

representing the color Red (R), 8 bits

representing the color Green (G), and 8 bits representing the color Blue (B) for producing compressed image blocks of n x n pixels data), see id., Fig. 9, col. 1:48-51, 1:64-68, 2:39-40, and 3:9-20, comprising: a codeword portion for storing at least one codeword (Hoffert, Fig. 2, teaches a data format comprising a codeword portion for storing two codewords, e.g., for the coding type "11"block of four colors: 64 bits are used for each 4 x 4 block, two codewords are stored in the first 32 bits portion (FIGIIFIRST WORD + 16 BITS 2ND COLOR)), see id., Figs. 1 and 2, and col. 1:62-67,2:8-13,4:29-45,6:49-51, and 7:53 - 8:5;

a bitmap portion for storing a set of indices (Hoffert, Fig. 2, teaches a data format comprising a bitmap portion, 32 BITSIDOUBLE BITMAP, for storing a set of indices), the bitmap portion constructed by a bitmap construction module comprising comparators 81 and 82, a M selector 86, and a color selector 87 for utilizing the codeword portion associated with the bitmap portion, wherein said two codewords define the four colors, OE, 01, 1I, and IE, that approximate the pixel color set of one of the original image blocks, and said indices map the pixel color set to said set of four colors), see id., Figs. 1, 2, 6-7, and 9, and col. 1:62-67, 2: 8-13, 2:30-36,2:39-40,4:29-45,6:49-51, and 7:53 - 8:26.

Application/Control Number: 90/009,846 Art Unit: 3992

Page 11

However, Hoffert does not teach the following feature or limitation: "said set of colors are computed using a geometric element fitted to said pixel color set so that said geometric element has a minimal moment of inertia". Wu teaches computing a set of colors by using a geometric element fitted to a pixel color set so that said geometric element has a minimal moment of inertia (Wu teaches computing the principle axis for the pixel color set and the quantization technique for computing a "set of colors" (i.e., the representative colors) with minimal error, see id., Wu, section 4-2: "Optimal Principal Quantizer", pages 355-356. It would have been obvious to one of ordinary skill in the art at the time the invention was made to implement Wu's technique for color selection to select the two diverse colors (i.e., the codewords) of Hoffert for producing the claimed invention because this would provide an improved color image compressing system and format capable of enhancing the graphic rendering ability to represent transparency rather than only colors so that any color of the original image representing a transparency value would be mapped to the transparency index for producing high quality color images. Claim 14 is therefore rejected.

5. Claim 15 is rejected under 35 U.S.C. 102(b) as being anticipated by U.S. Patent No. 5,046,119 ("Hoffert"). Hoffert teaches an encoded image data format for representing an original image partitioned into at least two image blocks, said image blocks each having a corresponding pixel color set (Hoffert, Fig. 9, teaches an image data compression system for compressing (or encoding) an original color digital video data partitioned into image blocks of n x n pixels each

Application/Control Number: 901009,846 Art Unit: 3992 pixel is 24 bits deep of color data comprising 8 bits representing the color Red (R), 8 bits representing the color Green (G), and 8 bits representing the color Blue (B) for producing

Page 12

compressed image blocks ofn x n pixels data), see id., Fig. 9, col. 1:48-51, 1:64-68,2:39-40, 3:9-20, the data format comprising: at least two encoded image block portions, one of said encoded image block portions

and

having a codeword portion for storing at least two codewords, and a bitmap portion for storing a set of indices, the bitmap portion constructed by a bitmap construction module utilizing the codeword portion associated with the bitmap portion, wherein said at least two codewords define at least three colors that approximate the pixel color set of one of the original image blocks, and said indices map the pixel color set to at least one of said at least three colors (Hoffert, Figs. 2, 6 and 7, teaches an image data compression system for compressing (or encoding) an original color digital video data and an encoded image data format for a compressed image block, the encoded image data format comprising two encoded image block portions including: a codeword portion for storing two codewords, e.g., for the coding type "11"- block of four colors: 64 bits are used for each 4 x 4 block, two codewords are stored in the first 32 bits portion (FIGI/FIRST WORD + 16 BITS 2ND COLOR), and a bitmap portion for storing a set of indices (32 BITSIDOUBLE BITMAP), the bitmap portion constructed by a bitmap construction module comprising comparators 81 and 82, a M selector 86, and a color selector 87 for utilizing the codeword portion associated with the bitmap portion, wherein said two codewords define the four colors, OE, 01, 1I, and IE, that approximate the pixel color set of one of the original image blocks, and said indices map the pixel color set to said four colors), see id., Figs. 1,2,6-7, and col. 1:62-67,2:8-13,2:30-36,2:39-40,4:29-45,6:49-51, and 7:53 - 8:26. and 9,

Application/Control Number: 901009,846 Art Unit: 3992 Claim 15 is therefore rejected.

Page 13

:p'IG __ :::

COOING FOR COMPRESSION/ENCODING

.00

--

4X4 PIXf:L

8LOCK 01' ON~ COLOI'!

116 BITS) -(FIG 01 -

II FIRST WORD)

!SLOCK$ 01" SAME COLO" (RUN I.!NG'fM BLOCKS) (24 BITSI-(FIG IIFIRST WORD + e BITS OF LENGTH) ·BLOCK OF TWO COLORS (48 BITS) ~ IFIG IIFIRST WORO -+ lIS BITS ~NO COLOR + 1& BITS·OF BIT MAP) BLOCK 0' 'OUR COLOJtS (64 8ITS1-(FIG 1/~If~ST wOAO+ 16 81fS 2N!) COLOR + 32 BITS/COUBLE BITMAP

10

-

II

-

Application/Control Art Unit: 3992

Number: 90/009,846

Page 14

D

50

FIG_~·

t.£. BLOCK lOR:! COlORS ANI) [6 <lR l2-GIT ..

..

.~

COl.ORS

.14

ut====:r

COI.OR SfUCTOR

2. Claim 16 is rejected under 35 U.S.C. 103(a) as being unpatentable over Hoffert in view of GIF89a.

Hoffert teaches each and every claimed elements and limitations of the base claim 15 as discussed above. Hoffert, Figs. 2 and 3, further teaches the 2 bits header coding for identifying the block types, see id., Figs. 1-3. Although Hoffert does not teach expressly that the data format further including a header portion. However, it is well-known in the computer signal/image processing art that a header

Application/Control Number: 90/009,846 Art Unit: 3992 portion consists of encoded data at the beginning of an encoded image file for providing

Page 15

inforrnation about the file, and the header portion of the encoded image file is separated and/or modified when the file is converted from one standard file type to another standard file type, or from one image format to another for encoding and/or decoding. For example, the use of a header portion referred to as an image descriptor portion at the beginning of an encoded image data file (e.g., a data stream) has become a standard for presenting an image in a compressed form; and the header portion of the encoded image data file is being separated and/or modified when the encoded image data file is compressed and/or decompressed, or when the file is converted from one image format to another, which are taught by the well-known image data compression/decompression techniques ofGIF89a, see id., GIF89a, pp. 7, 11-12, and 27; and

they are therefore also considered as a common knowledge within the level of an ordinary skilled person in the art at the time the invention was made. It would have been obvious to one of ordinary skill in the art at the time the invention was made to combine the teachings of an encoded image data format of Hoffert and the header portion of an encoded image file as taught by the well-known image data compression/decompression techniques of GIF89a, or of the knowledge of one of ordinary skill

in the computer signal/image processing art for producing the claimed invention because this would provide an improved image encoder engine that utilizes a header portion having necessary control information for sufficiently and effectively controlling the encoding technique and the amount of compressed data during compression operations for producing excellent anti-aliasing results, see id., Hoffert, col. 1:67-68.

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Claim 16 is dependent upon the base claim 15, and it is therefore rejected on the same reasons set forth in claim 15, and by the reasons discussed above.

6. Claim 16 is rejected under 35 U.S.C. 103(a) as being unpatentable view of U.S. Patent No. 5,822,465 ("Normile").

over Hoffert in

Hoffert teaches each and every claimed elements and limitations of the base claim 15 as discussed above. However, Hoffert does not teach the claimed element: "a header portion". Normile teaches a system 300 for encoding and decoding image data; wherein, the encoded image data format 350 (the bit stream syntax 350) includes a header portion (a frame header 1021) containing information about the image, such as the image size in width and height and the frame type, coupled to the encoder 301 and the decoder 351, for modifying the header, and outputting the modified header with the data file, see id., Figs. 3, 10 and 12, col. 2:37-65, 20:21-40, 20:49-60, and 22:8-14. It would have been obvious to one of ordinary skill in the art at the time the invention was made to combine the teachings of 2 bits header coding for identifying the block types as taught by Hoffert with the header portion of an encoded image file as taught by Normile for producing the claimed invention because this would utilize a header having necessary control information for sufficiently and effectively controlling the encoding technique and the amount of compressed data during compression operations for producing excellent anti-aliasing results, see id., Hoffert, col. 1:67-68; and it would also provide an improved image encoder engine that

Application/Control Number: 901009,846 Art Unit: 3992

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allows for the flexibility of future compatible changes to the bit stream and to communicate the information necessary, to decode the image without creating excessive decoding overhead, see

id., Normile, col. 20:31-38.
Claim 16 is dependent upon the base claim 15, and it is therefore rejected on the same reasons set forth in claim 15, and by the reasons discussed above.

v.

CONCLUSION

A. Submissions In order to ensure full consideration of any amendments, affidavits or declarations, or other documents as evidence of patentability, such documents must be submitted in response to this Office action. Submissions after the next Office action, which is intended to be a final action, will be governed by the requirements of37 CFR 1.116, after final rejection and 37 CFR 41.33 after appeal, which will be strictly enforced.

B. Extensions of Time Extensions oftime under 37 CFR 1. 136(a) will not be permitted in these proceedings because the provisions of 37 CFR 1.136 apply only to "an applicant" and not to parties in a reexamination proceeding. Additionally, 35 U.S.C. 305 requires that reexamination proceedings "will be conducted with special dispatch" (37 CFR 1.550(a)). Extensions of time in ex parte reexamination proceedings are provided for in 37 CFR 1.550(c). See MPEP § 2265.

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C. Litigation Reminder The patent owner is reminded of the continuing responsibility under 37 CFR 1.565(a) to apprise the Office of any litigation activity, or other prior or concurrent proceeding, involving Patent No. 6,683,978 throughout the course of this reexamination proceeding. 2207, 2282 and 2286". See MPEP §§

D. Amendment

in Reexamination

Proceedings

Patent owner is notified that any proposed amendment to the specification and/or claims in this reexamination proceeding must comply with 37 CFR 1.530( d)-(j), must be formally presented pursuant to 37 CFR 1.52(a) and (b), and must contain any fees required by 37 CFR 1.20(c). See MPEP § 2234 and 2250(IV) for examples to assist in the preparation of proper proposed amendments in reexamination proceedings.

E. Service of Papers All correspondence related to this Ex Parte reexamination proceeding should be directed:

By EFS:

Registered users may submit via the electronic filing system EFS-Web, at https://sportal.uspto.gov/authenticate/authenticateuserlocalepf.html. Mail Stop Ex Parte Reexam Central Reexamination Unit Commissioner for Patents United States Patent & Trademark Office P.O. Box 1450 Alexandria, VA 22313-1450

By Mail to:

Application/Control Number: 90/009,846 Art Unit: 3992

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By FAX to:

(571) 273-9900 Central Reexamination Unit

By hand:

Customer Service Window Randolph Building 401 Dulany Street Alexandria, VA 22314

Telephone numbers for reexamination inquiries: Reexamination and Amendment practice: Central Reexamination Unit (CRU): (571) 272-7703

(571) 272-7705

, Any inquiry concerning this communication or earlier communications from the examiner, or as to the status of this proceeding, should be directed to the Central Reexamination Unit at telephone number (571) 272-7705.

!Henry N Tran/ Henry Tran, Primary Examiner CRU - Art Unit 3992

Conferees:

Eric Keasel, SPE, CRU- Art Unit 3992

£5J(

Primary Examiner, CRU- Art Unit 3992