DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Arguments
Applicant’s arguments with respect to claim(s) 9 have been considered but are moot in view of the new grounds of rejection.
Applicant’s arguments with respect to the 35 USC 112(b) rejection of claim 14 have been fully considered and are persuasive. The 35 USC 112(b) rejection of claim 14 has been withdrawn.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.
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Claims 9-14 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 9-14 of copending Application No. 18/771,199 (reference application). Although the claims at issue are not identical, they are not patentably distinct, as shown by the prior art rejection below.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
18/771199 (Differences highlighted in BOLD)
18/771,208 (Differences highlighted in BOLD)
9. (New) An image decoding method performed by an image decoding apparatus, the image decoding method comprising: receiving a bitstream including information on a current image; partitioning the current image to obtain one or more coding blocks based on partitioning information included in the bitstream, wherein the partitioning being performed using tree-based partitioning structures, the tree-based partitioning structures including a quad-tree partitioning structure, a binary-tree partitioning structure and a triple-tree partitioning structure; obtaining one or more subblocks by splitting a coding block based on first information indicating whether to split the coding block, second information indicating a split ratio and third information indicating a split direction; and decoding the one or more subblocks, wherein the third information indicates whether the split direction is a vertical direction or a horizontal direction.
10. (New) The method of claim 9, wherein a transform type for an inverse-transform on inverse-quantized coefficients is determined by considering whether or not a size of the subblock is greater than a threshold size pre-defined in the image decoding apparatus.
11. (New) The method of claim 10, wherein a number of transform types available for the subblock when the size of the subblock is greater than the threshold size is different from the number of the transform types available for the subblock when the size of the subblock is less than or equal to the threshold size.
12. (New) An image encoding method performed by an image encoding apparatus, the image encoding method comprising: partitioning a current image to obtain one or more coding blocks, partitioning information for the partitioning being encoded into a bitstream, wherein the partitioning being performed using tree-based partitioning structures, the tree-based partitioning structures including a quad-tree partitioning structure, a binary-tree partitioning structure and a triple-tree partitioning structure; obtaining one or more subblocks by splitting a coding block, first information indicating whether to split the coding block, second information indicating a split ratio and third information indicating a split direction being encoded into the bitstream; and encoding the one or more subblocks to generate the bitstream including information on the current image, wherein the third information indicates whether the split direction is a vertical direction or a horizontal direction.
13. (New) A non-transitory computer-readable recoding medium storing a bitstream generated by an image encoding method, the image encoding method comprising: partitioning a current image to obtain one or more coding blocks, partitioning information for the partitioning being encoded into the bitstream, wherein the partitioning being performed using tree-based partitioning structures, the tree-based partitioning structures including a quad- tree partitioning structure, a binary-tree partitioning structure and a triple-tree partitioning structure; obtaining one or more subblocks by splitting a coding block, first information indicating whether to split the coding block, second information indicating a split ratio and third information indicating a split direction being encoded into the bitstream; and encoding the one or more subblocks to generate the bitstream including information on the current image, wherein the third information indicates whether the split direction is a vertical direction or a horizontal direction.
14. (New) A method for transmitting a bitstream generated by an image encoding method, the image encoding method comprising: partitioning a current image to obtain one or more coding blocks, partitioning information for the partitioning being encoded into the bitstream, wherein the partitioning being performedusing tree-based partitioning structures, the tree-based partitioning structures including a quad- tree partitioning structure, a binary-tree partitioning structure and a triple-tree partitioning structure;obtaining one or more subblocks by splitting a coding block, first information indicating whether to split the coding block, second information indicating a split ratio and third information indicating a split direction being encoded into the bitstream; andencoding the one or more subblocks to generate the bitstream including information on the current image, wherein the third information indicates whether the split direction is a vertical direction or a horizontal direction.
9. (New) An image decoding method performed by an image decoding apparatus, the image decoding method comprising: receiving a bitstream including information on a current image; partitioning the current image to obtain one or more coding blocks based on partitioning information included in the bitstream, wherein the partitioning being performed using tree-based partitioning structures, the tree-based partitioning structures including a quad-tree partitioning structure, a binary-tree partitioning structure and a triple-tree partitioning structure; obtaining one or more subblocks by splitting a coding block based on first information indicating whether to split the coding block, second information indicating a split ratio and third information indicating a split direction; and decoding the one or more subblocks, wherein the decoding a subblock comprises performing entropy-decoding information on the subblock included in the bitstream, and wherein a prediction for the coding block is performed by selecting a prediction method for the coding block based on prediction information included in the bitstream.
10. (New) The method of claim 9, wherein a transform type for an inverse-transform on inverse-quantized coefficients is determined by considering whether or not a size of the subblock is greater than a threshold size pre-defined in the image decoding apparatus.
11. (New) The method of claim 10, wherein a number of transform types available for the subblock when the size of the subblock is greater than the threshold size is different from the number of the transform types available for the subblock when the size of the subblock is less than or equal to the threshold size.
12. (New) An image encoding method performed by an image encoding apparatus, the image encoding method comprising: partitioning a current image to obtain one or more coding blocks, partitioning information for the partitioning being encoded into a bitstream, wherein the partitioning being performed using tree-based partitioning structures, the tree-based partitioning structures including a quad-tree partitioning structure, a binary-tree partitioning structure and a triple-tree partitioning structure; obtaining one or more subblocks by splitting a coding block, first information indicating whether to split the coding block, second information indicating a split ratio and third information indicating a split direction being encoded into the bitstream; and encoding the one or more subblocks to generate the bitstream including information on the current image, wherein the encoding a subblock comprises performing entropy-encoding information on the subblock into the bitstream, and wherein a prediction for the coding block is performed by selecting a prediction method for the coding block, prediction information on the prediction being encoded into the bitstream.
13. (New) A non-transitory computer-readable recoding medium storing a bitstream generated by an image encoding method, the image encoding method comprising: partitioning a current image to obtain one or more coding blocks, partitioning information for the partitioning being encoded into the bitstream, wherein the partitioning being performed using tree-based partitioning structures, the tree-based partitioning structures including a quad- tree partitioning structure, a binary-tree partitioning structure and a triple-tree partitioning structure; obtaining one or more subblocks by splitting a coding block, first information indicating whether to split the coding block, second information indicating a split ratio and third information indicating a split direction being encoded into the bitstream; and encoding the one or more subblocks to generate the bitstream including information on the current image, wherein the encoding a subblock comprises performing entropy-encoding information on the subblock into the bitstream, and wherein a prediction for the coding block is performed by selecting a prediction method for the coding block, prediction information on the prediction being encoded into the bitstream.
14. (New) A method for transmitting a bitstream generated by an image encoding method, the image encoding method comprising: partitioning a current image to obtain one or more coding blocks, partitioning information for the partitioning being encoded into the bitstream, wherein the partitioning being performed using tree-based partitioning structures, the tree-based partitioning structures including a quad- tree partitioning structure, a binary-tree partitioning structure and a triple-tree partitioning structure; obtaining one or more subblocks by splitting a coding block, first information indicating whether to split the coding block, second information indicating a split ratio and third information indicating a split direction being encoded into the bitstream; and encoding the one or more subblocks to generate the bitstream including information on the current image, wherein the encoding a subblock comprises performing entropy-encoding information on the subblock into the bitstream, and wherein a prediction for the coding block is performed by selecting a prediction method for the coding block, prediction information on the prediction being encoded into the bitstream.
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole 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. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 9 and 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guo et al. (Guo) (US 2013/0163664) in view of Li et al. (Li) (US 2017/0208336).
Regarding claim 9, Guo discloses an image decoding method performed by an image decoding apparatus, the image decoding method comprising:
receiving a bitstream including information on a current image ([0047], an encoded bitstream is received);
partitioning the current image to obtain one or more coding blocks based on partitioning information included in the bitstream ([0072], [0147], blocks in the bitstream are partitioned according to encoded information), wherein the partitioning being performed using tree-based partitioning structures ([0062], the image is divided into treeblocks), the tree-based partitioning structures including a quad-tree partitioning structure ([0062], a quadtree structure), and a binary-tree partitioning structure (FIG. 6, 148-158);
obtaining one or more subblocks by splitting a coding block based on first information indicating whether to split the coding block ([0038], SDIP_FLAG indicates whether or not splitting of a coding unit is performed; [0061], a flag indicating whether or not splitting is performed), second information indicating whether to allow an asymmetric split of the coding block ([0150], SDIP partition modes are only allowed for blocks having a certain size; FIGs. 6 and 8, [0019], [0154], TABLE 3, SDIP partition modes including asymmetric partitions are signaled if SDIP is allowed based on a block size), third information indicating a split direction ([0039], SDIP_direction_flag) ([0041], [0072], [0147], the SDIP_Flag and the SDIP_direction_Flag syntax elements must be provided in addition to the bin strings of Table 1 (i.e. all three flags must be signaled)), and fourth information indicating a split location of each of the one or more sub-blocks ([0179], the sizes and locations of each prediction unit (PU) is signaled), and
decoding the one or more subblocks ([0170], [0171], decoding is performed),
wherein the decoding a subblock comprises performing entropy-decoding information on the subblock included in the bitstream ([0082], [0112], entropy encoded syntax information is used for performing entropy decoding), and
wherein a prediction for the coding block is performed by selecting a prediction method for the coding block based on prediction information included in the bitstream ([0036], [0078], prediction mode information is signaled for selecting a prediction mode).
Guo is silent about a triple-tree partitioning structure.
Li from the same or similar field of endeavor discloses a quad-tree partitioning structure ([0020], quad tree), a binary-tree partitioning structure ([0021], [0022], binary tree), and a triple-tree partitioning structure ([0018], [0019], triple tree).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Li into the teachings of Guo for more efficient image encoding/decoding.
Regarding claim 12, Guo discloses an image encoding method performed by an image encoding apparatus, the image encoding method comprising:
partitioning a current image to obtain one or more coding blocks, partitioning information for the partitioning being encoded into a bitstream ([0072], [0147], blocks in the bitstream are partitioned according to encoded information), wherein the partitioning being performed using tree-based partitioning structures ([0062], the image is divided into treeblocks), the tree-based partitioning structures including a quad-tree partitioning structure ([0062], a quadtree structure), and a binary-tree partitioning structure (FIG. 6, 148-158);
obtaining one or more subblocks by splitting a coding block based on first information indicating whether to split the coding block ([0038], SDIP_FLAG indicates whether or not splitting of a coding unit is performed; [0061], a flag indicating whether or not splitting is performed), second information indicating whether to allow an asymmetric split of the coding block ([0150], SDIP partition modes are only allowed for blocks having a certain size; FIGs. 6 and 8, [0019], [0154], TABLE 3, SDIP partition modes including asymmetric partitions are signaled if SDIP is allowed based on a block size), third information indicating a split direction ([0039], SDIP_direction_flag) ([0041], [0072], [0147], the SDIP_Flag and the SDIP_direction_Flag syntax elements must be provided in addition to the bin strings of Table 1 (i.e. all three flags must be signaled)), and fourth information indicating a split location of each of the one or more sub-blocks ([0179], the sizes and locations of each prediction unit (PU) is signaled), and
encoding the one or more subblocks to generate the bitstream including information on the current image ([0037], the encoder generates an encoded bitstream),
wherein the encoding a subblock comprises performing entropy-encoding information on the subblock into the bitstream ([0082], syntax data is entropy encoded into the bitstream for use by a decoder), and
wherein a prediction for the coding block is performed by selecting a prediction method for the coding block, prediction information on the prediction being encoded into the bitstream ([0036], [0078], prediction mode information is signaled for selecting a prediction mode).
Guo is silent about a triple-tree partitioning structure.
Li from the same or similar field of endeavor discloses a quad-tree partitioning structure ([0020], quad tree), a binary-tree partitioning structure ([0021], [0022], binary tree), and a triple-tree partitioning structure ([0018], [0019], triple tree).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Li into the teachings of Guo for more efficient image encoding/decoding.
Regarding claim 13, the limitations of claim 13 are rejected in the analysis of claim 12 above. Guo further discloses a non-transitory computer-readable recoding medium storing a bitstream generated by an image encoding method ([0185], a program stored on a CRM is executed).
Claim 13’s recitation of “a bit stream generated by a method, the method comprising…” is a product by process claim limitation where the product is the bit stream and the process is the method steps to generate the bitstream. MPEP §2113 recites “Product-by-Process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps”. Thus, the scope of the claim is the storage medium storing the bitstream (with the structure implied by the method steps). The structure includes the modes, coding block, bitstream information manipulated by the steps.
“To be given patentable weight, the printed matter and associated product must be in a functional relationship. A functional relationship can be found where the printed matter performs some function with respect to the product to which it is associated”. MPEP §2111.05(I)(A). When a claimed “computer-readable medium merely serves as a support for information or data, no functional relationship exists. MPEP §2111.05(III). The storage medium storing the claimed bitstream in claim 18 merely services as a support for the storage of the bitstream and provides no functional relationship between the stored bitstream and storage medium. Therefor the structure bitstream, which scope is implied by the method steps, is non-functional descriptive material and given no patentable weight. MPEP §2111.05(III). Thus, the claim scope is just a storage medium storing data and is anticipated by Smith recites a storage medium storing a bitstream (¶185).
Regarding claim 14, the limitations of claim 14 are rejected in the analysis of claim 12 above. Guo further discloses a method for transmitting a bitstream generated by an image encoding method (FIG. 1. The bitstream is received by device 14).
Claim(s) 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guo et al. (Guo) (US 2013/0163664) in view of Li et al. (Li) (US 2017/0208336), and further in view of Zhao et al. (Zhao) (US 2016/0219290).
Regarding claims 10 and 11, Guo discloses the method of claim 9 (See claim 9 above).
Guo is silent about wherein a transform type for an inverse-transform on inverse-quantized coefficients is determined by considering whether or not a size of the subblock is greater than a threshold size pre-defined in the image decoding apparatus; and wherein a number of transform types available for the subblock when the size of the subblock is greater than the threshold size is different from the number of the transform types available for the subblock when the size of the subblock is less than or equal to the threshold size.
Zhao from the same or similar field of endeavor discloses wherein a transform type for an inverse-transform on inverse-quantized coefficients is determined by considering whether or not a size of the subblock is greater than a threshold size pre-defined in the image decoding apparatus ([0027], [0051], [0124], the decoder selects a stored transform type, [0083 ], [0120], the decoder reconstructs a block, [0200], [0222], the transform type is determined based on a size of a block (i.e. size threshold determine a transform type) for inverse transformation); and wherein a number of transform types available for the subblock when the size of the subblock is greater than the threshold size is different from the number of the transform types available for the subblock when the size of the subblock is less than or equal to the threshold size ([0147], the number of transforms in a subset is determined based on a size of the block (i.e. if a predetermined block size is exceeded, a the subset contains a different amount of transforms)).
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 JEFFERY A WILLIAMS whose telephone number is (571)270-7579. The examiner can normally be reached M-F 8:00-5:00.
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/JEFFERY A WILLIAMS/ Primary Examiner, Art Unit 2488
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