DETAILED ACTION
This action is in response to application 17/500,556 filed on 10/13/2021.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
3. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
4. Claims 11-21 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 11,178,417 B2.
Furthermore, although the conflicting claims at issue are not identical, they are not patentably distinct from each other because U.S. Patent No.: 11,178,417 B2 claims:
Instant Application: 17/500,556
Note: bold and underlined fonts means same features between instant application and conflicting appl.
Conflicting Application: 17/138,722
→ now US Patent No.: 11,178,417 B2
Claim [11]: A method for decoding a video signal, comprising: acquiring an intra prediction mode of a current block; obtaining dequantized transform coefficients for the current block; determining a secondary transform set among a plurality of secondary transform sets based on the intra prediction mode; acquiring a secondary transform index specifying a transform kernel in the secondary transform set; applying the transform kernel to the dequantized transform coefficients to generate secondary inverse-transformed coefficients; and performing primary inverse-transform for the secondary inverse-transformed coefficients to generate residual samples of the current block, wherein the secondary transform index is binarized in a truncated unary scheme based on a number of available transform kernels in the secondary transform set.
Claim [1]: A method for decoding a video signal, the method comprising: generating, by a processor, a dequantized transform block for a current block; acquiring, by the processor, an intra prediction mode of the current block; determining, by the processor, a secondary transform set applied to the current block among a plurality of secondary transform sets based on the intra prediction mode; deriving, by the processor, a transform kernel applied to the current block in the determined secondary transform set; and performing, by the processor, secondary transform for some coefficients of the dequantized transform block based on the derived transform kernel, wherein the deriving, by the processor, the transform kernel further includes: acquiring a secondary transform index including information about the transform kernel applied to the current block in the determined secondary transform set, and wherein the secondary transform index is binarized in a truncated unary scheme based on a number of available transform kernels in the determined secondary transform set.
Claim [13]: The method of claim 11, wherein the plurality of secondary transform sets include at least one mixed secondary transform set.
Claim [2]: The method of claim 1, wherein the plurality of secondary transform sets include at least one mixed secondary transform set.
Claim [14]: The method of claim 13, wherein the mixed secondary transform set includes at least one 8×8 transform kernel applied to an 8×8 size area and at least one 4×4 transform kernel applied to a 4×4 size area.
Claim [3]: The method of claim 2, wherein the mixed secondary transform set includes at least one 8×8 transform kernel applied to an 8×8 size area and at least one 4×4 transform kernel applied to a 4×4 size area.
Claim [15]: The method of claim 14, wherein when the plurality of secondary transform sets include a plurality of mixed secondary transform sets, the plurality of mixed secondary transform sets include different numbers of transform kernels, respectively.
Claim [4]: The method of claim 3, wherein when the plurality of secondary transform sets include a plurality of mixed secondary transform sets, the plurality of mixed secondary transform sets include different numbers of transform kernels, respectively.
Claim [16]: The method of claim 15, wherein the secondary transform index is binarized in the truncated unary scheme based on a maximum number of available transform kernels in the determined secondary transform set.
Claim [5]: The method of claim 4, wherein the secondary transform index is binarized in the truncated unary scheme based on a maximum number of available transform kernels in the determined secondary transform set.
Claim [17]: A method for encoding a video signal, comprising: obtaining residual samples for a current block according to intra prediction; obtain primary-transformed coefficients for the residual samples; determining a secondary transform set among a plurality of secondary transform sets based on an intra prediction mode applied to the current block; determining a transform kernel in the secondary transform set; applying the transform kernel to some coefficients of the primary-transformed coefficients; and generating a secondary transform index specifying the transform kernel in the secondary transform set, wherein the secondary transform index is binarized in a truncated unary scheme based on a number of available transform kernels in the secondary transform set.
Claim [8]: A method for encoding a video signal, comprising: performing, by a processor, intra prediction for a current block to obtain a residual block for the current block; performing, by the processor, primary transform for the residual block to obtain a primary-transformed block; determining, by the processor, a secondary transform set applied to the primary-transformed block among a plurality of secondary transform sets based on an intra prediction mode applied to the current block; deriving, by the processor, a transform kernel applied to the current block in the determined secondary transform set; performing, by the processor, secondary transform for some coefficients of the primary-transformed block based on the derived transform kernel; and encoding, by the processor, a secondary transform index including information about the transform kernel, wherein the secondary transform index is binarized in a truncated unary scheme based on a number of available transform kernels in the determined secondary transform set.
Claim [18]: The method of claim 17, wherein each of the plurality of secondary transform sets includes two transform kernels.
Claim [11]: The method of claim 8, wherein each secondary transform set of the plurality of secondary transform sets includes 2 transform kernels.
Claim [19]: The method of claim 17, wherein the plurality of secondary transform sets include at least one mixed secondary transform set.
Claim [9]: The method of claim 8, wherein the plurality of secondary transform sets include at least one mixed secondary transform set.
Claim [20]: The method of claim 19, wherein the mixed secondary transform set includes at least one 8×8 transform kernel applied to an 8×8 size area and at least one 4×4 transform kernel applied to a 4×4 size area.
Claim [10]: The method of claim 9, wherein the mixed secondary transform set includes at least one 8×8 transform kernel applied to an 8×8 size area and at least one 4×4 transform kernel applied to a 4×4 size area.
However, examiner notes that Chiang et al. (US Pub. No.: 2018/0302631 A1) teaches the unique limitations in the instant application regarding discloses Chiang discloses a method (see fig. 12) for decoding a video signal (see paragraph [0077]), comprising: acquiring an intra prediction mode (see paragraphs [0011] and [0033]) of the current block (see fig. 2 unit 210, e.g. “8x8 block”); obtaining dequantized transform coefficients (see fig. 3, paragraphs [0045] and [0075]) for the current block (see fig. 3, e.g. “unit 320”, paragraph [0075]); determining a secondary transform set (see paragraph [0034]) among a plurality of secondary transform sets (see paragraphs [0034] and [0052], set of NSST transforms (e.g. “NSST transforms = secondary transforms”) based on the intra prediction mode (see paragraph [0052], e.g. “intra-prediction mode”); a transform kernel in the secondary transform set (see fig. 12, paragraph [0073]).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains could recognize the advantage of providing a method and apparatus for decoding and encoding a video signal on a basis of secondary transform by modifying Salehifar’s teachings in the present US Patent No.: 11,178,417 B2 for the purpose of performing, by the processor, primary transform for the residual block to obtain a primary-transformed block, thereby improving compression efficiency.
Allowable Subject Matter
5. The following is a statement of reasons for the indication of allowable subject matter:
Claims 11-21 of the instant application would be allowable provided obviousness type double patenting rejection above is overcome.
Conclusion
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Han et al. (US Pub. No.: 2018/0249179 A1) discloses transform kernel selection and entropy coding.
Heo et al. (US Pub. No.: 2020/0374516 A1) discloses image decoding method and apparatus based on efficient transformation of chroma component in image coding system.
Kim et al. (US 2018/0041776 A1) discloses image encoding and decoding method based on low-complexity transformation, and apparatus using the same.
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Richard Carter whose telephone number is (571)270-1220. The examiner can normally be reached on M-F 8:30 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jay Patel can be reached on 571-272-2988. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/R.B.C/Examiner, Art Unit 2485
/JAYANTI K PATEL/Supervisory Patent Examiner, Art Unit 2485
March 12, 2026