DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant's arguments filed September 29,2025 have been fully considered but they are not persuasive. Hu describes a mode of operation that would constrain the bitstream with picture output information such as the ph_pic_output_flag and ph_non_reference_picture_flag. Applicant’s argument that Hu does not describe a bitstream constrained because the disclosure states that the syntax elements may be used lacks persuasive reasoning. If Hu’s disclosure never intends to use these syntax elements (i.e., picture output information) then it would be reasonable to assume that these syntax elements need not be addressed at all. The fact that Hu presents these elements indicates that there are scenarios in which the picture output information would be applied and it is the examiner’s argument that their application constrains the bitstream. The examiner believes that applicant’s argument regarding a requirement is not a strong; for example, applicant’s disclosure states with regards to section referring to Figure 7 that these syntax elements referencing picture output information and non reference picture may be signaled or used and thus, one of ordinary skill in the art at the time that the invention has a bitstream requirement as described by the applicant.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 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 –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2, 5, 6, 9 and 15 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hu et al (US 2021/0368192, hereafter Hu).
As per claim 1, Hu discloses an image decoding method performed by an image decoding apparatus, the image decoding method comprising:
obtaining picture output information on a picture included in an output layer in a bitstream being outputted (¶ 144);
obtaining reference picture information for the picture in the bitstream, wherein the non reference picture information specifies whether or not the picture is never used a reference picture (¶ 26 and 27); and
performing processing in a decoded picture buffer (DPB) of the picture based on the picture output information, wherein a first value of the picture output information indicates output of the picture and a second value of the picture output information indicates non-output of the picture, and wherein the bitstream has a requirement that the bitstream contains at least one picture with the picture output information being the first value in the output layer (¶ 28, 29, and 144).
As per claim 2, Hu discloses the image decoding method of claim 1, wherein the picture output information is included and signaled in a picture header for the picture (¶ 25).
Regarding claim 5, arguments analogous to those presented for claim 1 are applicable for claim 5.
Regarding claim 6, arguments analogous to those presented for claim 1 are applicable for claim 6.
Regarding claim 7, arguments analogous to those presented for claim 2 are applicable for claim 7.
Regarding claim 9, arguments analogous to those presented for claim 4 are applicable for claim 9.
Regarding claim 15, arguments analogous to those presented for claim 1 are applicable claim 15.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHIKAODILI E ANYIKIRE whose telephone number is (571)270-1445. The examiner can normally be reached 8 am - 4:30 pm.
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/CHIKAODILI E ANYIKIRE/Primary Examiner, Art Unit 2487