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
The examiner notes the claimed subject matter of independent claims 15, 21, and 22, “wherein the transform type includes a mixed transform type for transform the decoded picture by rotating and flipping the decoded picture” is not disclosed in applications KR10-2016-0127883, KR10-2016-0129383, KR10-2017-0090613, to which the instant claims foreign priority. Thus, the earliest priority benefit the instant application is entitled to is the effective filing date of PCT/KR2017/011144 (10/10/2017), to which the instant application also claims priority.
Double Patenting
Claim 15 of this application is patentably indistinct from claims 1-3 of Application No. 19/569,334; claims 1 and 4 of Application No. 19/573,609; claims 1 and 4 of Application No. 19/662,442; and claims 1 and 4 of Application No. 19/631,395. Pursuant to 37 CFR 1.78(f), when two or more applications filed by the same applicant or assignee contain patentably indistinct claims, elimination of such claims from all but one application may be required in the absence of good and sufficient reason for their retention during pendency in more than one application. Applicant is required to either cancel the patentably indistinct claims from all but one application or maintain a clear line of demarcation between the applications. See MPEP § 822.
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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Claim 15 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of copending Application No. 19/569,334 (reference application). Any differences between the application’s claims the patent claims are not patentably distinct as shown by the prior art rejections below.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
18/771,216 (Differences are highlighted in BOLD)
19/569,334 (Differences are highlighted in BOLD)
15. (Currently Amended) An image decoding method, comprising:
generating a prediction block by predicting a current block in a picture;
decoding the picture based on the prediction block;
obtaining, from a bitstream, transform information for the decoded picture;
determining a transform type based on the transform information; and
performing a transform on the decoded picture based on the transform type,
wherein the transform type includes a mixed transform type for transform the decoded picture by rotating and flipping the decoded picture, and
wherein a direction of the flipping is at least one of a vertical direction or a horizontal direction of the decoded picture, and
wherein the bitstream includes projection information for mapping the decoded picture to a three-dimensional coordinate system.
1. (Original) An image decoding method, comprising:
obtaining, from a bitstream, transform information for a picture;
determining a transform type based on the transform information; and
performing a transform on the picture based on the transform type,
wherein the transform type includes a flipping transform type for flipping the picture and mixed transform type for rotating and flipping the picture, and
wherein the bitstream includes projection information for mapping the picture to a three- dimensional coordinate system.
2. (Original) The image decoding method of claim 1, wherein the flipping transform type indicates a transform type for flipping the picture vertically.
3. (Original) The image decoding method of claim 1, wherein the flipping transform type indicates a transform type for flipping the picture horizontally.
Claim 15 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 4 of copending Application No. 19/573,609 (reference application). Any differences between the application’s claims the patent claims are not patentably distinct as shown by the prior art rejections below.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
18/771,216 (Differences are highlighted in BOLD)
19/573,609 (Differences are highlighted in BOLD)
15. (Currently Amended) An image decoding method, comprising:
generating a prediction block by predicting a current block in a picture;
decoding the picture based on the prediction block;
obtaining, from a bitstream, transform information for the decoded picture;
determining a transform type based on the transform information; and
performing a transform on the decoded picture based on the transform type,
wherein the transform type includes a mixed transform type for transform the decoded picture by rotating and flipping the decoded picture, and
wherein a direction of the flipping is at least one of a vertical direction or a horizontal direction of the decoded picture, and
wherein the bitstream includes projection information for mapping the decoded picture to a three-dimensional coordinate system.
1. An image decoding method, comprising:
generating a residual block of a current block in a picture from a bitstream;
decoding the picture based on the residual block;
obtaining, from a bitstream, transform information for the decoded picture;
determining a transform type based on the transform information; and
performing a transform on the decoded picture based on the transform type,
wherein the transform type includes a mixed transform type for transform the decoded picture by rotating and flipping the decoded picture, and
wherein the bitstream includes projection information for mapping the decoded picture to a three-dimensional coordinate system.
4. The image decoding method of claim 1, wherein a direction of the flipping is at least one of a vertical direction or a horizontal direction of the decoded picture.
Claim 15 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 4 of copending Application No. 19/662,442 (reference application). Any differences between the application’s claims the patent claims are not patentably distinct as shown by the prior art rejections below.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
18/771,216 (Differences are highlighted in BOLD)
19/662,442 (Differences are highlighted in BOLD)
15. (Currently Amended) An image decoding method, comprising:
generating a prediction block by predicting a current block in a picture;
decoding the picture based on the prediction block;
obtaining, from a bitstream, transform information for the decoded picture;
determining a transform type based on the transform information; and
performing a transform on the decoded picture based on the transform type,
wherein the transform type includes a mixed transform type for transform the decoded picture by rotating and flipping the decoded picture, and
wherein a direction of the flipping is at least one of a vertical direction or a horizontal direction of the decoded picture, and
wherein the bitstream includes projection information for mapping the decoded picture to a three-dimensional coordinate system.
1. (Original) An image decoding method, comprising:
obtaining, from a bitstream, transform information for a picture;
determining a transform type based on the transform information; and
performing a transform on the picture based on the transform type,
wherein the transform type includes a flipping transform type for flipping the picture and mixed transform type for rotating and flipping the picture, and
wherein the bitstream includes projection information for mapping the picture to a three- dimensional coordinate system.
4. The image decoding method of claim 1, wherein a direction of the flipping is at least one of a vertical direction or a horizontal direction of the decoded picture.
Claim 15 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 4 of copending Application No. 19/631,395 (reference application). Any differences between the application’s claims the patent claims are not patentably distinct as shown by the prior art rejections below.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
18/771,216 (Differences are highlighted in BOLD)
19/631,395 (Differences are highlighted in BOLD)
15. (Currently Amended) An image decoding method, comprising:
generating a prediction block by predicting a current block in a picture;
decoding the picture based on the prediction block;
obtaining, from a bitstream, transform information for the decoded picture;
determining a transform type based on the transform information; and
performing a transform on the decoded picture based on the transform type,
wherein the transform type includes a mixed transform type for transform the decoded picture by rotating and flipping the decoded picture, and
wherein a direction of the flipping is at least one of a vertical direction or a horizontal direction of the decoded picture, and
wherein the bitstream includes projection information for mapping the decoded picture to a three-dimensional coordinate system.
1. (Original) An image decoding method, comprising:
obtaining, from a bitstream, transform information for a picture;
determining a transform type based on the transform information; and
performing a transform on the picture based on the transform type,
wherein the transform type includes a rotation transform type for rotating the picture and a mixed transform type for rotating and flipping the picture, and
wherein the bitstream includes projection information for mapping the picture to a three-dimensional coordinate system.
2. (Original) The image decoding method of claim 1, wherein the flipping transform type indicates a transform type for flipping the picture vertically.
4. The image decoding method of claim 1, wherein the mixed transform type indicate a transform type for flipping the picture after rotating the picture.
Response to Arguments
Applicant’s arguments with respect to claim(s) 15, 21, and 22 have been considered but are moot in view of the new grounds of rejection.
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) 15-17, 21, and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Niamut et al. (Niamut) (US 2020/0177916) in view of Hannuksela (US 2018/0376126).
Regarding claim 15, Niamut discloses an image decoding method, comprising:
generating a prediction block by predicting a current block in a picture ([0100], [0115], a prediction block is generated for motion estimation and stored in decoded picture buffers);
decoding the picture based on the prediction block ([0100], [0115], a prediction block is generated for motion estimation and stored in decoded picture buffers);
obtaining, from a bitstream, transform information for the decoded picture ([0112], [0172], information regarding a flipping/rotation type is signaled);
determining a transform type based on the transform information ([0112], flipping/rotation is performed based on the type of flipping/rotation which is signaled); and
performing a transform on the decoded picture based on the transform type ([0112], flipping/rotation is performed based on the type of flipping/rotation which is signaled; [0023], [0045], [0151], [0172], decoder information 1612 including one or more shift, mirror and/or rotation operations of one or more groups of pixels in a projected video frame may be signalled to the decoder apparatus),
wherein the transform type includes a mixed transform type for transform the decoded picture by rotating and flipping the decoded picture ([0112], [0141], a combination rotation/flipping (mirroring) method is signaled), and
wherein the bitstream includes projection information for mapping the decoded picture to a three-dimensional coordinate system ([0044], projection model information is signaled, [0080], faces of a cube are projected in a 3D coordinate system).
Niamut is silent about wherein a direction of the flipping is at least one of a vertical direction or a horizontal direction of the decoded picture.
Hannuksela from the same or similar field of endeavor discloses wherein a direction of the flipping (i.e. mirroring) is at least one of a vertical direction or a horizontal direction of the decoded picture ([0201], [0206], horizontal or vertical image mirroring (flipping) is performed on an image).
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 Hannuksela into the teachings of Niamut for reducing image artifacts at image boundaries.
Regarding claim 16, Niamut discloses wherein the mixed transform type indicate a transform type for rotating the decoded picture after flipping the decoded picture ([0141], the mirror (flip) and rotation operations maybe performed in any combination).
Regarding claim 17, Niamut discloses wherein the mixed transform type indicate a transform type for flipping the decoded picture after rotating the decoded picture ([0141], the mirror (flip) and rotation operations maybe performed in any combination).
Regarding claim 21, Niamut discloses an image encoding method, comprising:
generating a prediction block by predicting a current block in a picture ([0100], [0115], a prediction block is generated for motion estimation and stored in decoded picture buffers);
encoding the picture based on the prediction block (FIG. 7, entropy encoding 730 is performed using prediction blocks from decoded picture buffer 720);
encoding transform information related to a transform type of the picture ([0112], [0172], information regarding a flipping/rotation type is signaled);
encoding projection information for mapping the picture to a three-dimensional coordinate system ([0044], projection model information is signaled, [0080], faces of a cube are projected in a 3D coordinate system); and
generating a bitstream comprising the transform information ([0112], [0172], information regarding a flipping/rotation type is signaled) and the projection information ([0044], projection model information is signaled, [0080], faces of a cube are projected in a 3D coordinate system),
wherein the transform type includes a mixed type for transform the picture by rotating and flipping the picture ([0112], [0141], a combination rotation/flipping (mirroring) method is signaled).
Niamut is silent about wherein a direction of the flipping is at least one of a vertical direction or a horizontal direction of the decoded picture.
Hannuksela from the same or similar field of endeavor discloses wherein a direction of the flipping (i.e. mirroring) is at least one of a vertical direction or a horizontal direction of the decoded picture ([0201], [0206], horizontal or vertical image mirroring (flipping) is performed on an image).
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 Hannuksela into the teachings of Niamut for reducing image artifacts.
Regarding claim 22, the limitations of claim 22 are rejected in the analysis of claim 21 (See claim 21 above). Niamut further discloses transmitting the bitstream ([0111], the bitstream is transmitted).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Niamut et al. (Niamut) (US 2020/0177916) in view of Hannuksela (US 2018/0376126), and further in view of Abbas et al. (Abbas) (US 2017/0295356).
Regarding claim 19, Niamut in view of Hannuksela discloses the image decoding method of claim 15 (see claim 15 above).
Niamut in view of Hannuksela is silent about wherein a direction of the rotating is a counter-clockwise direction.
Abbas from the same or similar field of endeavor discloses wherein a direction of the rotating is a counter-clockwise direction ([0090], the images are rotated counter clockwise).
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 Abbas into the teachings of Niamut in view of Hannuksela for reducing image artifacts.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Niamut et al. (Niamut) (US 2020/0177916) in view of Hannuksela (US 2018/0376126), and further in view of Hanhart et al. (Hanhart) (US 2019/0200023).
Regarding claim 20, Niamut in view of Hannuksela discloses the image decoding method of claim 15 (see claim 15 above).
Niamut in view of Hannuksela is silent about wherein the transform type further includes a no-transform type ([0009], [0103], [0105], [0112], rotation and flip enable/disable flags are signaled).
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 Hanhart into the teachings of Niamut in view of Hannuksela for reducing image artifacts.
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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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.
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/JEFFERY A WILLIAMS/Primary Examiner, Art Unit 2488
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