`
`. --
`
`(J \ -- e ~ .--oC\
`IAP1S ecc'd PCT/PTO ·o 5 JAN 200f
`
`~ µ /J'fc/ u9:,-q f 17 I/ 5
`~ -,
`""-
`
`RESS M_A_I.L ~~-l!l
`PT0-1390 (Rev. 09-2008)
`ti
`Approved for use through 2/28/2010. 0MB 0651--0021
`~
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`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
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`TRANSMITTAL LETTER TO THE UNITED STATES
`A TIORNEY'S DOCKET NUMBER
`PU060137
`DESIGNATED/ELECTED OFFICE (DO/EO/US)
`U .S. AP.PUICATION
`CONCERNING A SUBMISSION UNDER 35 U.S.C. 371
`60/830,195
`INTERNATIONAL APPLICATION NO.
`INTERNATIONAL FILING DATE
`July 10, 2007
`PCT/US2007/15719
`TITLE OF INVENTION
`METHODS AND APPARATUS USING VIRTUAL REFERENCE PICTURES
`APPLICANT(S) FOR DO/EO/US
`Yeping SU; Peng YIN; Purvin Bibhas PANDIT; Cristina GOMILA
`Applicant herewith submits to the United States Designated/Elected Office (00/EO/US) the following items and other information:
`
`8
`
`1. [Z] This is a FIRST submission of items concerning a submission under 35 U.S.C. 371 .
`
`This is a SECOND or SUBSEQUENT submission of items concerning a submission under 35 U .S.C. 371 .
`2. D
`3. 0 This is an express request to begin national examination procedures (35 U.S.C. 371(f)). The submission must include items
`(5), (6), (9) and (21) indicated below.
`
`4. 0
`5. [2]
`
`6 . D
`
`7. 0
`
`8. n
`9. 0
`10. D
`
`The US has been elected (Article 31 ).
`
`A copy of the International Application as filed (35 U.S.C. 371(c)(2))
`
`a. D
`
`is attached hereto (required only if not communicated by the International Burea~).
`
`b. 0
`
`has been communicated by the International Bureau.
`
`c. D
`
`is not required, as the application was filed in the United States Receiving Office (RO/US).
`
`An English language translation of the International Application as filed (35 U.S.C. 371 (c)(2)).
`
`a . D
`b. D has been previously submitted under 35 U .S.C. 154(d)(4).
`
`is attached hereto.
`
`Amendments to the claims of the International Application under PCT Article 19 (35 U.S.C. 371(c)(3))
`
`a. D
`b. D
`C. D
`'71
`d. L!...J
`
`are attached hereto (required only if not communicated by the International Bureau).
`
`have been communicated by the International Bureau.
`
`have not been made; however, the time limit for making such amendments has INOT expired.
`
`have not been made and will not be made.
`
`An English language translation of the amendments to the claims under PCT Article 19 (35 U.S.C. 371 (c)(3)).
`
`An oath or declaration of the inventor(s) (35 U.S.C. 371 (c)(4)).
`
`An English language translation of the annexes of the International Preliminary Examination Report under PCT
`Article 36 (35 U.S.C. 371(c)(5)).
`
`Items 11 to 20 below concern document(s) or information included:
`
`11.~
`12. [2J
`
`An Information Disclosure Statement under 37 CFR 1.97 and 1.98.
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`An assignment document for recording. A separate cover sheet in compliance with 37 CFR 3.28 and 3.31 is included.
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`13.0
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`A preliminary amendment.
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`14.D
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`An Application Data Sheet under 37 CFR 1.76.
`
`15.D
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`A substitute specification.
`
`- ' ~
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`16. 0
`
`A power of attorney and/or change of address letter.
`
`11. D
`
`A computer-readable form of the sequence listing in accordance with PCT Rule 131er.2 and 37 CFR 1.821- 1.825.
`
`1a.D
`
`A second copy of the published International Application under 35 U.S.C. 154(d)(4).
`
`19.D
`
`A second copy of the English language translation of the international application under 35 'l'.J. S.C. 154(d)(4 ).
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`This collection of infonnation is required by 37 CFR 1.414 and 1.491-1.492. The Information is required to obtain or retain a benefit by the public, which is to file (and by the
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`Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Mail Stop PCT,
`Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
`Page 1 of 3
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`.. :~ .. - EXPRESS MAIL LABEL No.:
`U.S. APPLICAT1N21k3na,' If 8 INTERNATIONAL APPLICATION NO.
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`60/830, 195
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`IAP03Rec'd PCT . 0 5 JAN 2009
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`Other items or information:
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`Copy of IPER or IPRP
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`The following fees have been submitted
`Basic national fee (37 CFR 1.492(a)) .......... .. .... ............................ ......... $330
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`21. 0
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`by IPEA/US indicates all claims satisfy provisions of PCT Article 33(1)-(4) ............ . $0
`All other situations ..... .. .................. ...... ........ .. ... .... ... .... .. ......... .... .. .......... . .. ........ ... $220
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`[2]
`Search fee (37 CFR 1.492(b))
`23.
`If the written opinion of the ISA/US or the International preliminary examination report prepared by
`IPEA/US indicates all claims satisfy provisions of PCT Article 33(1)-(4) ................. $0
`Search fee (37 CFR 1.445(a)(2)) has been paid on the international application to the USPTO as an
`International Searching Authority ..................... .... . .. .. . ...... .. ........... . ......... ... .... $100
`International Search Report prepared by an ISA other than the US and provided to the Office or
`previously communicated to the US by the 18 ........ ...... . .. .. .. .. ......................... .... $430
`All other situations ............................. .. ........ ................ ..... .... ........ ................ ..... ... $540
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`TOTAL OF 21. 22 and 23 =
`D Additional fee for specification and drawings filed in paper over 100 sheets (excluding sequence
`listing in compliance with 37 CFR 1.821(c) or (e) in an electronic medium or computer
`program listing in an electronic medium) (37 CFR 1.4920)).
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`Total Sheets
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`RATE
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`36
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`- 100 = 0
`X $270
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`after the date of commencement of the national stage (37 CFR 1.492(h)).
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`CLAIMS
`
`Total claims
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`NUMBER FILED
`- 20 = 68
`88
`- 3 = 3
`6
`MULTIPLE DEPENDENT CLAIM(S) (if applicable)
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`Independent claims
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`NUMBER EXTRA
`
`RATE
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`X $ 52
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`X $220
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`$390
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`TOTAL OF ABOVE CALCULATIONS=
`D Applicant claims small entity status. See 37 CFR 1.27. Fees above are reduced by Y..
`SUBTOTAL=
`Processing fee of $130.00 for furnishing the English translation later than 30 months from the earliest
`+
`claimed priority date (37 CFR 1.492(i)).
`TOTAL NATIONAL FEE =
`
`Fee for recording the enclosed assignment (37 CFR 1.21(h)). The assignment must be accompanied
`+
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`TOTAL FEES ENCLOSED =
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`$ 660.00
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`$
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`$
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`$
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`_,,,_
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`..
`
`\ ,~
`___ ,
`, ....
`,~'
`" '
`... ~ . ......
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`.... ·~~.
`
`IAP03R8C'd PCT . 0 5 JAN 2009
`12 / 3 0 !t!0(!v.!2007)
`
`EXPRESS MAIL LABEL No.:
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`A duplicate copy of this sheet is enclosed.
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`NOTE: Where an appropriate time limit under 37 CFR 1.495 has not been met, a petition to revive (37 CFR 1.137(a) or (b)) must be filed
`and granted to restore the International Application to pending status.
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`SEND ALL CORRESPONDENCE TO:
`
`Joseph J. Laks
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`Patent Operations
`P. 0. Box 5312
`Princeton, New Jersey 08543-5312
`
`Docket No.: PU060137
`
`5' :fA:zv ;J/)0'1
`
`Guy H. Eriksen
`NAME
`41,736
`REGISTRATION NUMBER
`
`FORM PT0-1390 (REV. 09-2007)
`
`Page 3 of 3
`
`Page 3 of 728
`
`
`
`PCT
`
`.. : / v
`...
`~- ATENT COOPERATION TREAT '· .
`(iv \c) )
`<I\,
`G From the INTERNATIONAL SEARCHING AUTHORITY
`
`\)
`
`•
`
`To:
`
`THOMSON
`LICENSING LLC
`Attn. Laks, Joseph J.
`Two Independence way, Suite 200
`Princeton, NJ 08540
`ETATS-UNIS· D'AMERIQUE
`
`(Jc_ -r l!.12~
`'
`{h,.,....e-,.-ei-...-J-
`
`NOTIFICATION OF TRANSMITTAL OF
`THE INTERNATIONAL SEARCH REPORT ANO
`THE WRITTEN OPINION OF THE INTERNATIONAL
`SEARCHING AUTHORITY, OR THE DECLARATION
`
`/I ~
`
`. ()...() ,, "t
`
`Date of mailing
`( day/month/year)
`
`(PCT Rule 44. 1)
`
`11/07/2008
`
`Applicant's or agent's file reference
`
`PU060137
`
`()A,-/
`
`International application No.
`
`PCT/US2007/0l57l9
`
`Applicant
`
`'.
`. ;"~:JIOMSON L-l;,C~~SING
`
`I~~"~ ' FOR FURTHER ACTION
`
`See paragraphs 1 and 4 below
`
`International filing date
`(day/month/year)
`
`10/07/2007
`
`..
`
`...... - ~
`
`.~· ~· ....
`
`.. ;:_j\' ..
`
`~· •.
`
`• !·" "!.• •• • •
`
`1. [iJ
`
`2.0
`3.o
`
`The applicant is hereby notified that the international search report and the written opinion of the lntemationat Searching
`Authority have been established and are transmitted herewith.
`·
`FIiing of amendments and statement under Article 19:
`The applicant is entitled, if he so wishes. to amend the claims of the International Application (see Rule 46):
`When? The time limit for filing such amendments Is normally two months from the date of transmittal of the
`International Search Report.
`
`Where? Directly to the International Bureau of WIPO, 34 Chemin des Colombettes
`1211 Geneva 20, Switzerland, Fascimile No.: (41-22) 338.82.70
`For more detailed Instructions, see the notes on the accompanying sheet.
`
`The applicant is hereby notified that no international search report will be established and that the declaration under
`Article 17(2)(a) to that effect and the written opinion of the International Searching Authority are transmitted herewith.
`With regard to the protest against payment of (an) additional fee(s) under Rule 40.2, the applicant is notified that:
`
`the protest together with the decision thereon has been transmitted to the International Bureau together with the
`applicanrs request to forward the texts of both the protest and the decision thereon to the designated Offices.
`no decision has been made yet on the protest; the applicant will be notified as soon as a decision is made.
`
`D
`D
`4. Reminders
`Shortly after the expiration of 18 months from the priority date, the international applieation will be published by the
`International Bureau. If the applicant wishes to avoid or postpone publication. a notice of withdrawal of the international
`application, or of the priority claim, must reaCh the International Bureau as provided in Rules 90bis.1 and 90bis.3, respectively,
`before the completion of the technical preparations for international publication.
`·
`The applicant may submit comments on an informal basis on the written opinion of the International Searching Authority to the
`International Bureau. The International Bureau will send a copy of such comments to all designated Offices unless an
`international preliminary examination report has been or Is to be established. These comments would also be made available to
`the public but not before the expiration of 30 months from the priority date.
`
`Within 19 months from the priority date, but only In respect of some designated Offices. a demand for International preliminary
`examination must be filed If the applicant wishes to postpone the entry into the national phase until 30 months from the priority
`date (In some Offices even later); otherwise, the applicant must, within 20 months from the priority date, perform the prescribed
`acts for entry into the national phase before those designated Offices.
`In respect of other designated Offices, the time limit of 30 months (or later) will apply even If no demand is filed within 19
`months.
`
`See the Annex to Form PCT/18/301 and, for details about the applicable time limits, Office by Office, see the PCT Appllcanrs
`Guide, Volume II, National Chapters and the WIPO Internet site.
`
`Name and mailing address of the International Searching Authority
`
`Authorized officer
`
`~ European Patent Office. P.B. 5818 Patentlaan 2
`
`NL-2280 HV Aijswijk
`Tel. (+31-70) 340-2040, Tx. 31 651 epo n1,.
`__;=-- Fax: (+31-70) 340-3016
`
`Form PCT/ISA/220 (October 2005)
`
`Leila Kuhnen
`
`(See notes on accompanying Sheet)
`
`Page 4 of 728
`
`
`
`. '
`
`(~ATENT COOPERATION TREA,..
`PCT
`
`INTERNATIONAL SEARCH REPORT
`
`(PCT Article 18 and Rules 43 and 44)
`
`Applicant's or agent's file reference
`
`PU060137
`International application No.
`
`PCT/US2007/015719
`Applicant
`
`THOMSON LICENSING
`
`FOR FURTHER
`ACTION
`International filing date (day/month/year)
`
`see Form PCT /ISA/220
`as well as, where applicable, item 5 below.
`
`(Earliest) Priority Date (day/month/year)
`
`10/07/2007
`
`ll/07/2006
`
`This international search report has been prepared by this International Searching Authority and is transmitt_ed to the applicant
`according to Article 18. A copy is being transmitted to the International Bureau.
`
`This international search report consists of a total of
`[!]
`
`It is also accompanied by a copy of each prior art document Cited in this report.
`
`c;
`
`sheets.
`
`1. Basis of the report ·
`a. With regard to the language, the International search was carried out on the basis of:
`[xi
`the international application in the language in which it was filed
`D
`, which is the language
`a translation of the international application into
`of a translation furnished for the purposes of international search (Rules 12.3(a) and 23.1(b))
`
`b. D
`C. D
`D
`D
`
`2 .
`
`3.
`
`This international search report has been established taking into account the rectification of an obvious mistake
`authorized by or notified to this Authority under Rule 91 (Rule 43.Sbis(a)).
`
`With regard to any nucleotide and/or amino acid sequence disclosed in the international application, see Box No. I.
`
`Certain claims were found unsearchable (See Box No. 11)
`
`Unity of invention Is lacking (see Box No 111)
`
`4. With regard to the HUe,
`[RJ
`0
`
`the text is approved as submitted by the applicant
`the text has been established by this Authority to read as follows:
`
`5. With regard to the abstract,
`
`IBJ
`D
`
`the text is approved as submitted by the applicant
`
`the text has been established, according to Rule 38.2(b), by this Authority as It appears in Box No. IV. The applicant
`may, within one month from the date of mailing of this International search report, submit comments to this Authority
`
`6. With regard to the drawings,
`the figure of the drawings to be published with the abstract is Figure No. -~1 ____ _
`a.
`[R)
`D
`D
`
`as selected by this Authority, because the applicant failed to suggest a figure
`as selected by this Authority, because this figure better characterizes the invention
`none of the figures is to be published with the abstract
`
`b . D
`
`as suggested by the applicant
`
`Form PCT/ISA/210 (first sheet) (April 2007)
`
`Page 5 of 728
`
`
`
`,
`
`INT~,ATIONAL SEARCH REPORT
`
`~matlonal appllcaUon No
`PCT/US2007/015719
`
`A. CLASSIFICATI/OF SUBJECT MATTER
`INV. H04N7 26
`H04N7/36
`
`H04N7/50
`
`According to International Patent Classification (IPC) or to both national classification and IPC
`
`B. FIELDS SEARCHED
`Minimum documentation searched (classification system followed by classification symbols)
`H04N
`
`Documentation searched other than minimum documentation to the extent that such documents are included in lhe fields searched
`
`Eleclronic data base consulted during the international search (name of data base and. where practical, search terms used)
`EPO-Internal, INSPEC
`
`C. DOCUMENTS CONSIDERED TO BE RELEVANT
`
`·•
`
`Category•
`
`Citation of document. with Indication, where appropriate, or lhe relevant passages
`
`Relevant to claim No.
`
`X
`..
`
`BUDAGAVI M:
`"Video Compression using_ Blur
`Compensation"
`IMAGE PROCESSING, 2005 . ICIP 2005. IEEE
`INTERNATIONAL CONFERENCE ON GENOVA,
`ITALY
`11-14 SEPT. 2005, PISCATAWAY, NJ,
`USA,IEEE, 11 September 2005 (2005-09-11),
`pages 882-885, XP010851195
`ISBN: 0-7803-9134-9
`
`the whole document
`
`A
`
`IT] Further documents are listed in the continuation of Box C .
`. Special categories of cited documents :
`
`"A" document defining the general state of the art which ls not
`considered to be of particular relevance
`"E" earlier document but published on or after the International
`tiling date
`"L" document which may throw doubts on priority daim(s) or
`which is cited to eSlablish the pubUcatlon date of another
`citation or other special reason (as specified)
`"O" document referring to an oral disclosure, use, exhibition or
`other means
`•p• document published prior to the International fiUng date but
`later than the priority date claimed .
`
`1-3,5,6,
`9-11, 16,
`17,
`23-25,
`_27, 28,
`31-33,
`38,39,
`45-47,
`49,50,
`53-55,
`60,61,
`66-68,
`70,71,
`74-76,
`81,82,
`87,88
`
`4,26,48,
`69
`
`..
`
`-/--
`D See patent family annex.
`
`"T' later document published after the international filing dale
`or priority date and not in conflict with the application but
`cited to understand the principle or theory underlying the
`invention
`·x· document of particular relevance; the claimed Invention
`cannot be considered novel or cannot be considered to
`involve an inventive step when the document Is taken alone
`•y• document of particular relevance: the claimed Invention
`cannot be considered to Involve an inventive step when the
`document is combined with one or more other such docu-
`·
`ments, such combination being obvious to a person skilled
`in the art.
`"&" document member of the same patent family
`
`Date of the actual completion of the international search
`
`Date of mailing or the International search report
`
`27 March 2008
`
`Name and mamng address of the ISA/
`European Patent Office, P.B. 5818 Patentlaan 2
`NL - 2280 HV Aijswijk
`Tel. (+31-70) 340-2040. Tx. 31 651 epo nl,
`Fax: (+31-70) 340-3016
`
`2
`
`Form PCT/ISA/210 (second Sheet) (Apnl 2005)
`
`11/07/2008
`
`Authorized officer
`
`Lombardi, Giancarlo
`
`page 1 of 2
`
`Page 6 of 728
`
`
`
`.,
`
`INT~ATIONAL SEARCH REPORT
`
`.atlonal appllcatJon No
`PCT/US2007/015719
`
`C(Contlnuatlon). DOCUMENTS CONSIDERED TO BE RELEVANT
`
`Category•
`
`Cttation ot document, with indication, where appropriate. ol the relevant passages
`
`Relevant to claim No.
`
`X
`
`A
`
`"Background mosaicking
`DUFAUX FETAL:
`for low bit rate video coding"
`PROCEEDINGS OF THE INTERNATIONAL
`CONFERENCE ON IMAGE PROCESSING (ICIP)
`LAUSANNE, SEPT. 16 - 19, 1996, NEW YORK,
`IEEE, US,
`vol . VOL. 1,
`16 September 1996 (1996-09-16), pages
`673-676, XP010202155
`ISBN: 0-7803-3259-8
`
`the whole document
`
`1-4,
`9-11, 16,
`17,
`23-26,
`31-33,
`38,39,
`45-48,
`53-55,
`60,61,
`66-69,
`74-76,
`81,82,
`87,88
`
`5,6,27,
`28,49,
`50,70,71
`
`2
`
`Fonn PCTIISA/210 (ccntinuaticr, of socond sh-) (April 2005)
`
`page- 2· · of- 2·· - ·
`
`Page 7 of 728
`
`
`
`i~
`INTERNATIONAL SEARCH REPORT
`
`. . ~"1i'!l,.1!1-.-------------------
`
`..j: •
`
`International application No.
`PCT/US2007/015719
`
`Box No. II Observations where certain claims were found unsearchable (Continuation of Item 2 of first sheet)
`
`This international search report has not been established in respect of certain claims under Article 17(2)(a) for the following reasons:
`
`1. D Claims Nos.:
`
`because they relate to subject matter not required to be searched by this Authority, namely:
`
`2.0
`
`Claims Nos.:
`because they relate to parts of the international application that do not comply with the prescribed requirements to such
`an extent that no meaningful international search can be carried out, specifically:
`
`3.o
`
`Claims Nos.:
`beeause they are dependent claims and are not drafted in accordance with the second and third sentences of Rule 6.4(a).
`
`Box No. Ill Observations where unity of invention Is lacking (Continuation of item 3 of first sh-t)
`
`This International Searching Authority found multiple inventions in this International application, as follows:
`
`see additional sheet
`
`As all required additional search fees were timely paid by the applicant, this international search report covers allsearehable
`claims.
`
`2. D As all searchable claims could be searched without effort Justifying an additional fees, this Authority did not invite payment of
`
`additional fees.
`
`3. D As only some of the required additional search fees were timely paid by the applicant, this International search reportcovers
`
`only those claims for which fees were paid, specifically ctalms Nos.:
`
`4. GJ No required additional search fees were timely paid by the applicant. Consequently, this international search report is
`restricted to the invention first mentioned in. the Claims; it is covered by claims Nos.:
`see annex
`
`Remark on Protest
`
`payment 01 a protest fee.
`
`D The additional search lees were accompanied by the applicant's protest and, where applicable, the
`D The additional search fees were accompanied by the applicant's protest but the applicable protest
`0 No protest accompanied the payment of additional search tees.
`
`fee was not paid within the time limlt specified In the invitation.
`
`Form PCT/1SN210 (continuation of first sheet (2)) (April 2005)
`
`Page 8 of 728
`
`
`
`International Application No. PCT/US2007 /015719
`
`FURTHER INFORMATION CONTINUED FROM PCTnSA/ 210
`
`This International Searching Authority found multiple (groups of)
`inventions in this international application, as follows:
`
`1. claims:
`
`1-6,9-ll,16,17 ,23-28 , 31-33,38,39,45-50,
`53-55,60,61,66-71,74-76,81 ,8
`2,87,88
`
`Video encoding method using a virtual reference picture,
`obtained by warping a reference picture.
`
`2 . claims: 1,7,8,23 , 29,30,45,51,52,66 , 72,73
`
`... .... .,, . ... I . .
`
`.
`
`Video encoding method for encoding multi - view video content
`using a virtual reference picture, obtained by interpolation
`of neighbouring view pictures.
`
`,., ..
`
`(
`
`.
`
`3. claims : l,12-15,23,34-37,45,56-59,66,77-80
`
`Video encoding method using a virtual reference picture ,
`where the virtual reference picture is stored in a decoded
`picture buffer.
`
`4. claims: l,18-21 ,23 , 40-43,45,62-6~ , 66,83-85
`
`Video encoding method using a virtual reference picture,
`where an index is used to refer directly to a virtual
`reference picture in a prediction process .
`
`5. claims: 1,22,23,44,45,65,66,86
`
`Video encoding method using a virtual reference picture,
`where a reference picture index corresponding to a reference
`picture list is used for referring to a virtual reference
`picture .
`
`-- · ---
`
`-- ·------··--. ··-- ·---- ·------- · - --
`
`---- -
`
`-·- - - -
`
`Page 9 of 728
`
`
`
`(~ATENT COOPERATION 1.TY
`
`From the
`INTERNATIONAL SEARCHING AUTHORITY
`!"To:--···
`I
`
`PCT
`
`see form PCTASAQ20
`
`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`j
`
`(PC~ Rul·~-~-~~is. 1_)----··----··- ··-,
`
`1 . ....
`:::::::~E;•~~~~;:TA-SA01.~'.:oood ,~:_ ___ ·-. j· _1
`l~~;;:;-~; ~;:~;, i;: ,:;;~°': . . : : : . .
`J International filing date (day,+nonth,year)
`
`1 _ 1
`
`see form PCT ASA,220
`1
`See paragraph 2 below
`- . --· -·-··-· ·-· ·---- ·- ··- ·-------.l-··-··
`··- ··- ·- · · - -- - -·-·· - - -- ····
`- -· ..
`Priority date (day/month/year)
`International applic.:ition No.
`10.07.2007
`11.07.2006
`PCTAJS2007.015719
`__ .. _______ -··- ·-·····---·--·--·--
`- - -- ---·-- -· ·------··-·-.. -·- --- --
`International Patent Classification (IPC) or both national classification and IPC
`INV. H04N7,26 H04N7'36 H04N7,50
`
`- - --------<
`
`Applicant
`THOMSON LICENSING
`
`... ·-·· .. ------·--------------~ - - -- -
`---==-======= ! J
`
`-
`
`I 1.
`I·
`i
`
`This opinion contains indications rela~;n;~:-:~~llowing items:
`
`l8l Box No. I
`181
`Box No. II
`D
`Box No. Ill
`181
`Box No. IV
`181
`Box No. V
`
`Basis of the opinion
`Priority
`Non-establishment of opinion with regard to novelty, inventive step and industrial applicability
`Lack of unity of invention
`Reasoned statement under Rule 43bis.1 (a)(i) with regard to novelty, inventive step or industrial
`applicability; citations and explanations supporting such statement
`0 Box No. VI
`Certain documents cited
`D Box No. VII Certain defects in the international application
`D Box No. VIII Certain observations on the international application
`
`2.
`
`FURTHER ACTION
`
`If a demand for international preliminary examination is made, this opinion will usually be considered to be a
`written opinion of the International Preliminary Examining Authority ("IPEA") except that this does not apply where
`the applicant chooses an Authority other than this one to be the IPEA and the chosen IPEA has notifed the
`International Bureau under Rule 66. 1 bis(b) that written opinions of this International Searching Authority
`will not be so considered.
`
`If this opinion is, as provided above, considered to be a written opinion of the !PEA, the applicant is invited to
`submit to the IPEA a written reply together, where appropriate, with amendments, before the expiration of 3 months
`from the date of mailing of Form PCTASA,220 or before the expiration of 22 months from the priority dff!te,.
`,
`/
`whichever expires later.
`
`w~C)~ '
`/)J- . '!, 'I- ~ '
`
`For further options, see Form PCTASA,220.
`
`3 .
`
`For further details, see notes to Form PCTASA,220.
`
`JI
`
`Name and mailing address of 1he ISA:
`
`Date of completion of
`this opinion
`
`Authorized Officer
`
`European Patent Office
`0·80298 Munich
`Tel. +49 89 2399 • O Tx: 523656 epmu d
`Fax: +49 89 2399 • 4465
`
`see form
`PCTASA/210
`
`Lombardi, Giancarlo
`
`Telephone No. +49 89 2399-5819
`
`Form (PCT ASA/237) (Cover Sheet) (April 2005)
`
`Page 10 of 728
`
`
`
`... ,.· ..
`I .
`::.:
`
`. IAP03Rec'd PCT . 0 5 JAN 2009
`(-2/309066
`
`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`International application No.
`PCT/US2007,015719
`
`Box No. I Basis of the opinion
`
`1. With regard to the language, this opinion has been established on the basis of:
`
`181
`
`the international application in the language in which it was filed
`
`D a translation of the international application into . which is the language of a translation furnished for the
`purposes of international search (Rules 12.3(a) and 23.1 (b)).
`
`2. D This opinion has been established taking into account the rectification of an obvious mistake authorized
`by or notified to this Authority under Rule 91 (Rule 43bis.1 (a))
`
`3. With regard to any nucleotide and/or amino acid sequence disclosed in the international application and
`necessary to the claimed invention. this opinion has been established on the basis of:
`
`a. type of material:
`
`D
`
`D
`
`a sequence listing
`
`table(s) related to the sequence listing
`
`b. format of material:
`
`· D
`
`on paper
`
`D
`
`in electronic form
`
`c. time of filing/furnishing :
`
`D
`
`D
`
`D
`
`contained in the international application as filed.
`
`filed together with the international application in electronic form.
`
`furnished subsequently to this Authority for the purposes of search.
`
`4. D
`
`In addition, in the case that more than one version or copy of a sequence listing and.or table relating thereto
`has been filed or furnished, the required statements that the information in the subsequent or additional
`copies is identical to that in the application as filed or does not go beyond the application as filed, as
`appropriate, were furnished.
`
`5. Additional comments:
`
`Form PCTASA/237 (April 2007)
`
`Page 11 of 728
`
`
`
`( ~ ~fl
`
`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`International application No.
`PCTAJS2007.015719
`
`Box No. II Priority
`
`1. D The validity of the priority claim has not been considered because the International Searching Authority
`does not have in its possession a copy of the earlier application whose priority has been claimed or, where
`required, a translation of that earlier application. This opinion has nevertheless been established on the
`assumption that the relevant date (Rules 43bis.1 and 64.1) is the claimed priority date.
`
`2. 181 This opinion has been established as if no priority had been claimed due to the fact that the priority claim
`has been found invalid (Rules 43bis.1 and 64.1 ). Thus for the purposes of this opinion, the international
`filing date indicated above is considered to be the relevant date.
`
`3. Additional observations, if necessary:
`
`see separate sheet
`
`Box No. IV Lack of unity of invention
`
`1. 181
`
`In response to the invitation (Form PCT,1SA.1206) to pay additional fees, the applicant-has, within the -· ·
`applicable time limit:
`
`D
`
`D
`
`D
`
`paid additional fees
`
`paid additional fees under protest and, where applicable, the protest fee
`
`paid additional fees under protest but the applicable protest fee was not paid
`
`!8l not paid additional fees
`
`2. D This Authority found that the requirement of unity of invention is not complied with and chose not to invite
`the applicant to pay additional fees.
`
`3. This Authority considers that the requirement of unity of invention in accordance with Rule 13. 1, 13.2 and 13.3 is
`
`D complied with
`
`181 not complied with for the following reasons:
`
`see separate sheet
`
`4 . Consequently, this report has been established in respect of the following parts of the international application:
`
`D all parts.
`
`181 the parts relating to claims Nos.
`1-6,9-11, 16, 17,23-28,31 -33,38,39.45-50,53-55,60,61,66-71,74-76,81,82,87,88
`
`Form PCTASA/237 (April 2007)
`
`Page 12 of 728
`
`
`
`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`International application No.
`PCT/US2007i015719
`
`Box No. V Reasoned statement under Rule 43bis.1(a)(i) with regard to novelty, inventive step or
`industrial applicability; citations and explanations supporting such statement
`
`1. Statement
`
`Novelty (N)
`
`Yes : Claims
`No: Claims
`
`2,24,46,48,67,69
`.L
`3 -6,9-
`llJ.Q...
`17,23,
`25-28,
`31 -33,
`38,39,
`45,47 ,49,50,53-55,60,61,66,68.70,71.74-76,81.82,87,88
`
`Inventive step (IS}
`
`Yes: Claims
`No: Claims
`
`Industrial applicability (IA)
`
`Yes: Claims
`
`No: Claims
`
`2. Citations and explanations
`
`see separate sheet
`
`l:
`6,9-
`1 i .16,
`17,23-
`28,31-
`33,38,39.45-50.53-55,60.61,66-71 ,74-76.81.82,87,88
`
`·:-• ,, ,·
`
`l:
`6 ,9 -
`.1.Ll&i
`17,23-
`28,31 -
`33,38,39,45-50,53-55,60.61.66-71.74-76,81.82,87.88
`
`Form PCT,tSA/237 (April 2007)
`
`Page 13 of 728
`
`
`
`IAP03Rec·a PCT-.. o s JAN 2009
`~ 12/309088
`
`International application No.
`
`PCT/US2007/015719
`
`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING
`AUTHORITY (SEPARATE SHEET)
`
`Re Item II
`Priority
`
`The priority document US60/830, 195 made available to the ISA appears to disclose only
`aspects of the invention as in the presentl