CTNF 18/757,156 CTNF 87556 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 08-33 AIA 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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 10,757,420. Any differences between the application’s claims the patent claims are not patentably distinct as shown by the prior art rejections below. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2-33 of U.S. Patent No. 11,350,109. Any differences between the application’s claims the patent claims are not patentably distinct as shown by the prior art rejections below. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-25 of U.S. Patent No. 12,052,428. Any differences between the application’s claims the patent claims are not patentably distinct as shown by the prior art rejections below. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-12-aia AIA (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. 07-15-03-aia AIA Claim(s) 1, 2, 8-11, and 17-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lai et al. (Lai) (US 2020/0204824) . Regarding claims 1 and 10 , Lai discloses a device for decoding video data, the device comprising: a memory ([0082], a program stored in a memory is executed by a processor) ; and processing circuitry coupled to the memory ([0082], a program stored in a memory is executed by a processor) , wherein the processing circuitry is configured to: construct a list of candidate motion vector predictors, for storage in the memory, for a current block of the video data ([0008], [0009], [0010], a merge candidate list for performing inter prediction is stored at an encoder or decoder), wherein to construct the list of candidate motion vector predictors, the processing circuitry is configured to include one or more inter-prediction candidates in the list of candidate motion vector predictors based on a motion vector of a neighboring block of the current block or a collocated block of the current block ([0009], temporal motion (vector) matching is used for generating a merge candidate list, [0038], a reference list is generated); determine that an inter-intra mode is to be used for inter-intra prediction of the current block ([0035], [0037], [0038], [0046], the use of an intra-inter mode for a current block is signaled at an encoder or derived at a decoder); decode signaled information for the current block from a video bitstream ([0035], [0037], [0038], the use of an intra-inter mode for a current block is signaled at an encoder); determine, based on the signaled information, an intra-prediction mode for the inter-intra prediction of the current block ([0038], an intra coding mode is signaled when the intra-inter mode is to be used; [0046] Table 1, intra_pred_mode); generate an intra prediction block based on the intra-prediction mode (FIG. 5, [0041], an intra predictor block is generated); generate an inter prediction block (520) based on information for an inter-prediction mode ([0043], [0046], motion information for inter prediction is signaled), wherein the information for the inter-prediction mode is based on a candidate motion vector predictor selected from the constructed list of candidate motion vector predictors ([0008], [0046], merge candidate is selected from a merge candidate list for performing inter prediction; [0037], Inter coding information (e.g. the reference picture index , motion vector, bi-prediction or uni-prediction) will be signaled at the encoder side); generate an inter-intra-prediction block based on the intra prediction block and the inter prediction block ([0041], the Intra predictor 510 is combined with the Inter predictor 520 to form a combined Intra-Inter predictor 530); and decode the current block based on the inter-intra-prediction block ([0038], decoding of a block is performed based a signaled mode including an intra-inter mode). Regarding claims 2, 11, and 20 , Lai discloses wherein to decode the current block based on the inter-intra-prediction block, the processing circuitry is configured to add values of the inter-intra-prediction block to values of a residual block to decode the current block ([0037], The predictor (i.e., Intra, Inter or Intra-Inter predictor ) is subtracted from the current block using an adder 418 to form the residual. The residual is then processed by transform and quantization 420 to form quantized transform coefficients, which is further processed by entropy coding block 440 to generate bitstream. At the encoder side, the reconstructed pictures have to be generated and stored as reference pictures for Inter prediction. Accordingly, the encoder also includes inverse quantization and inverse transform 422 to form reconstructed residual, which is added to the predictor using adder 424 to form reconstructed signal). Regarding claims 8 and 17 , Lai discloses wherein the list of candidate motion vector predictors comprises a merge candidate list ([0043], a merge candidate list is generated). Regarding claims 9 and 18 , Lai discloses wherein the processing circuitry is configured to: determine the intra-prediction mode ([0038], an intra coding mode is signaled when the intra-inter mode is to be used; [0046] Table 1, intra_pred_mode) to determine information to generate the intra prediction block (FIG. 5, intra block 510 is generated), wherein to generate the intra prediction block, the processing circuitry is configured to generate the intra prediction block based on the determined information to generate the intra prediction block ([0038], an intra coding mode is signaled when the intra-inter mode is to be used to generate block 510; [0046] Table 1, intra_pred_mode). Regarding claim 19 , the limitations of claim 19 are rejected in the analysis of claim 10 above (See claim 10 above). Lai further discloses a one or more non-transitory computer-readable storage mediums storing thereon a video bitstream that when processed by one or more processors cause the one or more processors to execute instructions stored on the one or more non-transitory computer-readable storage mediums ([0082], a program stored in a memory is executed by a processor) . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 3-7 and 12-16 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. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ye at al. (Ye) (US 2017/0251213) (FIG. 10, combined inter-intra prediction is performed) . Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFERY A WILLIAMS whose telephone number is (571)270-7579. The examiner can normally be reached M-F 8:00-5:00. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sath Perungavoor can be reached at 571-272-7455. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JEFFERY A WILLIAMS/Primary Examiner, Art Unit 2488 Application/Control Number: 18/757,156 Page 2 Art Unit: 2488 Application/Control Number: 18/757,156 Page 3 Art Unit: 2488 Application/Control Number: 18/757,156 Page 4 Art Unit: 2488 Application/Control Number: 18/757,156 Page 5 Art Unit: 2488 Application/Control Number: 18/757,156 Page 6 Art Unit: 2488 Application/Control Number: 18/757,156 Page 7 Art Unit: 2488 Application/Control Number: 18/757,156 Page 8 Art Unit: 2488
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