DETAILED ACTION
Double Patenting
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 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 16–21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1–12 of U.S. Patent No. 11,438,582 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because they represent substantially overlapping subject matter especially with respect to the novel feature of choosing reference line based on square or non-square block partitioning.
Allowable Subject Matter
Claims 16–21 are allowable subject to filing a terminal disclaimer.
The following is a statement of reasons for the indication of allowable subject matter: Examiner was unable to find a teaching or suggestion in the prior art antedating Applicant’s foreign priority date that would have rendered obvious Applicant’s feature of using only the adjacent reference line for non-square blocks but using multiple reference lines (MRL) for square blocks. The closest prior art found by Examiner includes the references found for the rejections levied during prosecution under 35 U.S.C. 103 and that listed, infra.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chang et al., "Multiple Reference Line Coding for Most Probable Modes in Intra Prediction," 2019 Data Compression Conference, 2019. This reference does not have a “good” date, but explains, “To reduce complexity arising from additional lines to be checked at encoder side, we further propose to restrict the MRL to angular most probable modes (MPMs) only.” (emphasis added).
S. Matsuo, S. Takamura, and Y. Yashima, “Intra prediction with spatial gradients and multiple reference lines,” in Picture Coding Symposium, 2009. PCS 2009. IEEE, 2009, pp. 1–4.
Liu (US 2014/0140404 A1) teaches restricted intra modes for non-square blocks sized 2NxN (e.g. ¶ 0023).
Wang (US 2013/0136175 A1) teaches “a reduced number of intra-prediction modes are allowed for a prediction unit having a non-square shape.” (Abstract). It also teaches SDIP (e.g. ¶ 0102).
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael J Hess whose telephone number is (571)270-7933. The examiner can normally be reached Mon - Fri 9:00am-5:30pm.
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MICHAEL J. HESS
Primary Examiner
Art Unit 2481
/MICHAEL J HESS/Primary Examiner, Art Unit 2481