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 .
Claims 1, 8, 10-11, 14, and 18 have been amended.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/06/2025; 01/23/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Arguments
Applicant’s arguments, filed 11/06/2026, with respect to the rejection of clams 1-7, 9, 11-15, 17, and 19 under 35 U.S.C. 102(a)(1) have been fully considered and are persuasive. The rejections of claims 1-7, 9, 11-15, 17, and 19 has been withdrawn.
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 1, 3-4, 6-11, and 13-19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-2, 4-10 of copending Application No. 18/680,438 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because instant applicant recites the corresponding server computer system and computer system.
Instant Application Number 18/680,485
Application Number 18/680,438
1 A server computer system comprising a processor system and memory, wherein the server computer system is configured to perform operations comprising:
11: A computer system comprising a processor system and memory, wherein the computer system is configured to perform operations comprising:
1. A client computer system comprising a processor system and memory, wherein the client computer system is configured to perform operations comprising:
receiving a current unit of input video;
receiving encoded data for a current unit of video;
retrieving a given previous unit;
retrieving a given previous unit;
warping the given previous unit to spatially align sample values of the given previous unit with expected locations in a version of the current unit, thereby producing a given warped previous unit;
warping the given previous unit to spatially align sample values of the given previous unit with locations in the decoded current unit, thereby producing a given warped previous unit;
providing the given warped previous unit to a machine learning ("ML") encoder network;
providing the given warped previous unit to a machine learning ("ML") refinement network;
with the ML encoder network, transforming the current unit to facilitate preservation of image quality, thereby producing a transformed current unit, wherein, as part of a temporal feedback loop, the transforming the current unit is based at least in part on the given warped previous unit;
with ("ML") the ML refinement network, refining the decoded current unit to mitigate compression artifacts, thereby producing a refined current unit, wherein, as part of a temporal feedback loop, the refining the decoded current unit is based at least in part on the given warped previous unit.
encoding the transformed current unit, thereby producing encoded data for the transformed current unit; and
decoding the encoded data, thereby producing a decoded current unit;
outputting the encoded data as part of a bitstream.
3 and 13. wherein the ML encoder/decoder network is a convolutional neural network having a U-Net architecture.
2. (Original) The client computer system of claim 1, wherein the ML refinement network is a convolutional neural network having a U-Net architecture.
4. The server computer system of claim 1, wherein the operations further
comprise:
decoding the encoded data, thereby producing a decoded current unit; and
with an ML decoder network, enhancing the decoded current unit to compensate for transformations applied by the ML encoder network and mitigate compression artifacts, thereby producing an enhanced current unit.
1. decoding the encoded data, thereby producing a decoded current unit; … and
current unit to mitigate compression artifacts, thereby producing a refined current unit,
6. The server computer system of claim 4, wherein the ML decoder network is a convolutional neural network having a U-Net architecture.
2. (Original) The client computer system of claim 1, wherein the ML refinement network is a convolutional neural network having a U-Net architecture.
7 and 15: wherein the operations further
comprise: storing, in a decoded video buffer, the decoded current unit for use in providing temporal feedback to the ML decoder network.
5. The client computer system of claim 1, wherein the operations further
comprise: storing, in a decoded video buffer, the decoded current unit for use in providing temporal feedback to the ML refinement network.
8 and 16: wherein the given previous unit is a given decoded previous unit retrieved from a decoded video buffer, wherein the given warped previous unit is a given warped, decoded previous unit, and wherein the operations further comprise:
providing the given warped, decoded previous unit to the ML decoder network, wherein the enhancing the decoded current unit is based at least in part on the given warped, decoded previous unit.
6. The client computer system of claim 1, wherein the given previous unit is a given decoded previous unit retrieved from a decoded video buffer, and
wherein the given warped previous unit is a given warped, decoded previous unit.
9. and 17: wherein the operations further
comprise: storing, in an enhanced video buffer, the enhanced current unit for use in providing temporal feedback to the ML encoder network and the ML decoder network.
9. The client computer system of claim 1, wherein the operations further
comprise: storing, in a buffer, the refined current unit for use in providing temporal feedback to the ML refinement network.
10. and 18: wherein the given previous unit is a given enhanced previous unit retrieved from an enhanced video buffer, wherein the given warped previous unit is a given warped, enhanced previous unit, and wherein the operations further comprise:
providing the given warped, enhanced previous unit to the ML decoder network, wherein the enhancing the decoded current unit is based at least in part on the given warped, enhanced previous unit.
10. The client computer system of claim 1, wherein the given
previous unit is a given refined previous unit retrieved from a buffer, and wherein the given
warped previous unit is a given warped, refined previous unit.
14. The computer system of claim 11, wherein the current unit is a frame, a slice, or a tile.
4. The client computer system of claim 1, wherein the current unit of video is a frame, a slice, or a tile.
19. The computer system of claim 11, wherein the operations further comprise: processing the enhanced current unit for display; and outputting results of the processing the enhanced current unit for display.
18. The client computer system of claim 1, wherein the operations further comprise: processing the refined current unit for display; and outputting results of the processing the refined current unit for display.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Allowable Subject Matter
Claims 2, 5, and 12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 20 is allowed.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 HESHAM K ABOUZAHRA whose telephone number is (571)270-0425. The examiner can normally be reached M-F 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jamie Atala can be reached at 57127227384. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HESHAM K ABOUZAHRA/Primary Examiner, Art Unit 2486