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 .
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 1-4 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of copending Application No. 18/774,309 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims contain overlapping subject matter thus granting a patent for the instant application would unduly extend the timewise monopoly afforded to application 18/774,309 in the event of its allowance.
18/774293 (Differences highlighted in BOLD)
18,774,903 (Differences highlighted in BOLD)
1.A method of decoding an image with a decoding apparatus, comprising: receiving a bitstream obtained by encoding the image; obtaining, from the bitstream, first information indicating whether or not tree-based partitioning is applied; determining, based on the first information, whether or not a first block is divided, through the tree-based partitioning, into a plurality of second blocks; obtaining, from the bitstream, second information indicating one among a quad tree division, a binary tree division or a triple tree division and third information indicating whether the first block is divided in a vertical direction or a horizontal direction based on the determination; dividing, based on the second information and the third division information, the first block into the plurality of second blocks; generating a prediction block of a second block based on syntax information obtained from the bitstream; and reconstructing the second block based on the prediction block and a residual block of the second block, the residual block being obtained by performing a dequantization and an inverse- transform on quantized transform coefficients from the bitstream, wherein the first block is divided into the plurality of second blocks based on the tree- based partitioning and type-based partitioning, wherein the tree-based partitioning is performed recursively to divide a target block based on at least one of a quad tree division, a binary tree division or a triple tree division, wherein the quad tree division refers to a division type of dividing the target block into four subblocks, the binary tree division refers to a division type of dividing the target block into two subblocks, and the triple tree division refers to a division type of dividing the target block into three subblocks, wherein each of the four subblocks obtained by the quad tree division has a same size with each other, wherein the type-based partitioning comprises determining whether to perform the type-based partitioning on the target block based on a size of the target block; obtaining, in case the type-based partitioning is determined to be performed, an index indicating a partitioning type for the target block among a plurality of candidate partitioning types, the candidate partitioning types for the target block are set differently based on the size of the target block, each of the candidate partitioning types defines a partitioning shape in case the target block is partitioned into smaller blocks than the target block; and partitioning the target block based on the obtained index, wherein the plurality of candidate partitioning types of the type-based partitioning comprises a partitioning type where the target block is divided into four second blocks by three horizontal divisional lines, and wherein the generating the prediction block of the second block is performed by a unit of the second block.
2. (Currently Amended) A method of encoding an image with an encoding apparatus, comprising: determining whether or not tree-based partitioning is applied for a first block, first information indicating whether or not the tree-based partitioning is applied being encoded into a bitstream; determining, based on the tree-based partitioning is determined to be applied, one among a quad tree division, a binary tree division or a triple tree division and whether the first block is divided in a vertical direction or a horizontal direction, second information indicating the determined one among a quad tree division, a binary tree division or a triple tree division and third information indicating whether the first block is divided in a vertical direction or a horizontal direction being encoded into the bitstream; determining division information by dividing athe first block into a plurality of second blocks based on the determined one among a quad tree division, a binary tree division or a triple tree division and the determined direction; generating a prediction block of a second block; obtaining a residual block of the second block based on an original block and the prediction block; obtaining quantized transform coefficients by performing a transform and a quantization on the residual block; and generating athe bitstream by encoding the division information and the quantized transform coefficients, wherein the first block is divided into the plurality of second blocks based on the tree- based partitioning and type-based partitioning, wherein the tree-based partitioning is performed recursively to divide a target block based on at least one of a quad tree division, a binary tree division or a triple tree division, wherein the quad tree division refers to a division type of dividing the target block into four subblocks, the binary tree division refers to a division type of dividing the target block into two subblocks, and the triple tree division refers to a division type of dividing the target block into three subblocks, wherein each of the four subblocks obtained by the quad tree division has a same size with each other, wherein the type-based partitioning comprises determining whether to perform the type-based partitioning on the target block based on a size of the target block; determining, in case the type-based partitioning is determined to be performed, a partitioning type for the target block among a plurality of candidate partitioning types, information indicating the partitioning type for the target block being encoded into the bitstream,the candidate partitioning types for the target block are set differently based on the size of the target block, each of the candidate partitioning types defines a partitioning shape in case the target block is partitioned into smaller blocks than the target block; and partitioning the target block based on the determined partitioning type, an index indicating the determined partitioning type being encoded into the bitstream, wherein the plurality of candidate partitioning types of the type-based partitioning comprises a partitioning type where the target block is divided into four second blocks by three horizontal divisional lines, and wherein the generating the prediction block of the second block is performed by a unit of the second block.
3. (Currently Amended) A non-transitory computer-readable medium for storing data associated with a video signal, comprising: a bitstream encoded by an encoding method and stored in the non-transitory computer- readable, wherein the encoding method comprises: determining whether or not tree-based partitioning is applied for a first block, first information indicating whether or not the tree-based partitioning is applied being encoded into the bitstream; determining, based on the tree-based partitioning is determined to be applied, one among a quad tree division, a binary tree division or a triple tree division and whether the first block is divided in a vertical direction or a horizontal direction, second information indicating the determined one among a quad tree division, a binary tree division or a triple tree division and third information indicating whether the first block is divided in a vertical direction or a horizontal direction being encoded into the bitstream; determining division information by dividing the first block into a plurality of second blocks based on the determined one among a quad tree division, a binary tree division or a triple tree division and the determined direction; generating a prediction block of a second block; obtaining a residual block of the second block based on an original block and the prediction block; obtaining quantized transform coefficients by performing a transform and a quantization on the residual block; and generating a the bitstream by encoding the division information and the quantized transform coefficients, wherein the first block is divided into the plurality of second blocks based on the tree- based partitioning and type-based partitioning, wherein the tree-based partitioning is performed recursively to divide a target block based on at least one of a quad tree division, a binary tree division or a triple tree division, wherein the quad tree division refers to a division type of dividing the target block into four subblocks, the binary tree division refers to a division type of dividing the target block into two subblocks, and the triple tree division refers to a division type of dividing the target block into three subblocks, wherein each of the four subblocks obtained by the quad tree division has a same size with each other, wherein the type-based partitioning comprises determining whether to perform the type-based partitioning on the target block based on a size of the target block; determining, in case the type-based partitioning is determined to be performed, a partitioning type for the target block among a plurality of candidate partitioning types, information indicating the partitioning type for the target block being encoded into the bitstream,the candidate partitioning types for the target block are set differently based on the size of the target block, each of the candidate partitioning types defines a partitioning shape in case the target block is partitioned into smaller blocks than the target block; and partitioning the target block based on the determined partitioning type, an index indicating the determined partitioning type being encoded into the bitstream, wherein the plurality of candidate partitioning types of the type-based partitioning comprises a partitioning type where the target block is divided into four second blocks by three horizontal divisional lines, and wherein the generating the prediction block of the second block is performed by a unit of the second block.
4. (Currently Amended) A method of transmitting a bitstream generated by an image encoding method, the image encoding method comprising: determining whether or not tree-based partitioning is applied for a first block, first information indicating whether or not the tree-based partitioning is applied being encoded into a bitstream; determining, based on the tree-based partitioning is determined to be applied, one amonga quad tree division, a binary tree division or a triple tree division and whether the first block is divided in a vertical direction or a horizontal direction, second information indicating the determined one among a quad tree division, a binary tree division or a triple tree division and third information indicating whether the first block is divided in a vertical direction or a horizontal direction being encoded into the bitstream; determining division information by dividing the first block into a plurality of second blocks based on the determined one among a quad tree division, a binary tree division or a triple tree division and the determined direction; generating a prediction block of a second block; obtaining a residual block of the second block based on an original block and the prediction block; obtaining quantized transform coefficients by performing a transform and a quantization on the residual block; and generating the bitstream by encoding the division information and the quantized transform coefficients, wherein the first block is divided into the plurality of second blocks based on the tree- based partitioning and type-based partitioning, wherein the tree-based partitioning is performed recursively to divide a target block based on at least one of a quad tree division, a binary tree division or a triple tree division, wherein the quad tree division refers to a division type of dividing the target block into four subblocks, the binary tree division refers to a division type of dividing the target block into two subblocks, and the triple tree division refers to a division type of dividing the target block into three subblocks, wherein each of the four subblocks obtained by the quad tree division has a same size with each other, wherein the type-based partitioning comprises determining whether to perform the type-based partitioning on the target block based on a size of the target block; determining, in case the type-based partitioning is determined to be performed, a partitioning type for the target block among a plurality of candidate partitioning types, information indicating the partitioning type for the target block being encoded into the bitstream,the candidate partitioning types for the target block are set differently based on the size of the target block, each of the candidate partitioning types defines a partitioning shape in case the target block is partitioned into smaller blocks than the target block; and partitioning the target block based on the determined partitioning type, an index indicating the determined partitioning type being encoded into the bitstream, wherein the plurality of candidate partitioning types of the type-based partitioning comprises a partitioning type where the target block is divided into four second blocks by three horizontal divisional lines, and wherein the generating the prediction block of the second block is performed by a unit of the second block.
1. (Currently Amended) A method of decoding an image with a decoding apparatus, comprising: receiving a bitstream obtained by encoding the image; obtaining, from the bitstream. first information indicating whether or not tree-based partitioning is applied: determining, based on the first information, whether or not a first block is divided, through the tree-based partitioning, into a plurality of second blocks: obtaining, from the bitstream. second information indicating one among a quad tree division, a binary tree division or a triple tree division and third information indicating whether the first block is divided in a vertical direction or a horizontal direction based on the determination: dividing, based on the second information and the third division information, the first block into the plurality of second blocks; generating a prediction block of a second block based on syntax information obtained from the bitstream; and reconstructing the second block based on the prediction block and a residual block of the second block, the residual block being obtained by performing a dequantization and an inverse- transform on quantized transform coefficients from the bitstream, wherein the first block is divided into the plurality of second blocks based on partitioning and type-based partitioning, wherein the tree-based partitioning is performed recursively to divide a target block based on at least one of a quad tree division, a binary tree division or a triple tree division, wherein the quad tree division refers to a division type of dividing the target block into four subblocks, the binary tree division refers to a division type of dividing the target block into two subblocks, and the triple tree division refers to a division type of dividing the target block into three subblocks, wherein each of the two subblocks obtained by the binary division has a same size with each other, wherein the type-based partitioning comprises determining whether to perform the type-based partitioning on the target block based on a size of the target block; obtaining, in case the type-based partitioning is determined to be performed, an index indicating a partitioning type for the target block among a plurality of candidate partitioning types, the candidate partitioning types for the target block are set differently based on the size of the target block, each of the candidate partitioning types defines a partitioning shape in case the target block is partitioned into smaller blocks than the target block; and partitioning the target block based on the obtained index, wherein the plurality of candidate partitioning types of the type-based partitioning comprises a partitioning type where the target block is divided into four second blocks by three horizontal divisional lines, and wherein the generating the prediction block of the second block is performed by a unit of the second block.
2. (Currently Amended) A method of encoding an image with an encoding apparatus, comprising: determining whether or not tree-based partitioning is applied for a first block, first information indicating whether or not the tree-based partitioning is applied being encoded into a bitstream; determining, based on the tree-based partitioning is determined to be applied, one among a quad tree division, a binary tree division or a triple tree division and whether the first block is divided in a vertical direction or a horizontal direction, second information indicating the determined one among a quad tree division, a binary tree division or a triple tree division and third information indicating whether the first block is divided in a vertical direction or a horizontal direction being encoded into the bitstream; determining division information by dividing athe first block into a plurality of second blocks based on the determined one among a auad tree division, a binary tree division or a triple tree division and the determined direction; generating a prediction block of a second block; obtaining a residual block of the second block based on an original block and the prediction block; obtaining quantized transform coefficients by performing a transform and a quantization on the residual block; and generating athe bitstream by encoding the division information and the quantized transform coefficients, wherein the first block is divided into the plurality of second blocks based on the tree- based partitioning and type-based partitioning, wherein the tree-based partitioning is performed recursively to divide a target block based on at least one of a quad tree division, a binary tree division or a triple tree division, wherein the quad tree division refers to a division type of dividing the target block into four subblocks, the binary tree division refers to a division type of dividing the target block into two subblocks, and the triple tree division refers to a division type of dividing the target block into three subblocks, wherein each of the two subblocks obtained by the binary division has a same size with each other, wherein the type-based partitioning comprises determining whether to perform the type-based partitioning on the target block based on a size of the target block; determining, in case the type-based partitioning is determined to be performed, a partitioning type for the target block among a plurality of candidate partitioning types, information indicating the partitioning type for the target block being encoded into the bitstream,the candidate partitioning types for the target block are set differently based on the size of the target block, each of the candidate partitioning types defines a partitioning shape in case the target block is partitioned into smaller blocks than the target block; and partitioning the target block based on the determined partitioning type, an index indicating the determined partitioning type being encoded into the bitstream, wherein the plurality of candidate partitioning types of the type-based partitioning comprises a partitioning type where the target block is divided into four second blocks by three horizontal divisional lines, and wherein the generating the prediction block of the second block is performed by a unit of the second block.
3. (Currently Amended) A non-transitory computer-readable medium for storing data associated with a video signal, comprising: a bitstream encoded by an encoding method and stored in the non-transitory computer- readable, wherein the encoding method comprises: determining whether or not tree-based partitioning is applied for a first block, first information indicating whether or not the tree-based partitioning is applied being encoded into the bitstream; determining, based on the tree-based partitioning is determined to be applied, one among a quad tree division, a binary tree division or a triple tree division and whether the first block is divided in a vertical direction or a horizontal direction, second information indicating the determined one among a quad tree division, a binary tree division or a triple tree division and third information indicating whether the first block is divided in a vertical direction or a horizontal direction being encoded into the bitstream; determining division information by dividing the first block into a plurality of second blocks based on the determined one among a quad tree division, a binary tree division or a triple tree division and the determined direction; generating a prediction block of a second block; obtaining a residual block of the second block based on an original block and the prediction block; obtaining quantized transform coefficients by performing a transform and a quantization on the residual block; and generating the bitstream by encoding the division information and the quantized transform coefficients, wherein the first block is divided into the plurality of second blocks based on tree-based partitioning and type-based partitioning, wherein the tree-based partitioning is performed recursively to divide a target block based on at least one of a quad tree division, a binary tree division or a triple tree division, wherein the quad tree division refers to a division type of dividing the target block into four subblocks, the binary tree division refers to a division type of dividing the target block into two subblocks, and the triple tree division refers to a division type of dividing the target block into three subblocks, wherein each of the two subblocks obtained by the binary division has a same size with each other, wherein the type-based partitioning comprises determining whether to perform the type-based partitioning on the target block based on a size of the target block; determining, in case the type-based partitioning is determined to be performed, a partitioning type for the target block among a plurality of candidate partitioning types, information indicating the partitioning type for the target block being encoded into the bitstream, the candidate partitioning types for the target block are set differently based on the size of the target block, each of the candidate partitioning types defines a partitioning shape in case the target block is partitioned into smaller blocks than the target block; and partitioning the target block based on the determined partitioning type, an index indicating the determined partitioning type being encoded into the bitstream, wherein the plurality of candidate partitioning types of the type-based partitioning comprises a partitioning type where the target block is divided into four second blocks by three horizontal divisional lines, and wherein the generating the prediction block of the second block is performed by a unit of the second block.
4. (Currently Amended) A method of transmitting a bitstream generated by an image encoding method, the image encoding method comprising: determining whether or not tree-based partitioning is applied for a first block, first information indicating whether or not the tree-based partitioning is applied being encoded into a bitstream; determining, based on the tree-based partitioning is determined to be applied, one amonga quad tree division, a binary tree division or a triple tree division and whether the first block is divided in a vertical direction or a horizontal direction, second information indicating the determined one among a quad tree division, a binary tree division or a triple tree division and third information indicating whether the first block is divided in a vertical direction or a horizontal direction being encoded into the bitstream; determining division information by dividing the first block into a plurality of second blocks based on the determined one among a quad tree division, a binary tree division or a triple tree division and the determined direction; generating a prediction block of a second block; obtaining a residual block of the second block based on an original block and the prediction block; obtaining quantized transform coefficients by performing a transform and a quantization on the residual block; and generating the bitstream by encoding the division information and the quantized transform coefficients, wherein the first block is divided into the plurality of second blocks based on the tree- based partitioning and type-based partitioning, wherein the tree-based partitioning is performed recursively to divide a target block based on at least one of a quad tree division, a binary tree division or a triple tree division, wherein the quad tree division refers to a division type of dividing the target block into four subblocks, the binary tree division refers to a division type of dividing the target block into two subblocks, and the triple tree division refers to a division type of dividing the target block into three subblocks, wherein each of the two subblocks obtained by the binary division has a same size with each other, wherein the type-based partitioning comprises determining whether to perform the type-based partitioning on the target block based on a size of the target block; determining, in case the type-based partitioning is determined to be performed, a partitioning type for the target block among a plurality of candidate partitioning types, information indicating the partitioning type for the target block being encoded into the bitstream,the candidate partitioning types for the target block are set differently based on the size of the target block, each of the candidate partitioning types defines a partitioning shape in case the target block is partitioned into smaller blocks than the target block; and partitioning the target block based on the determined partitioning type, an index indicating the determined partitioning type being encoded into the bitstream, wherein the plurality of candidate partitioning types of the type-based partitioning comprises a partitioning type where the target block is divided into four second blocks by three horizontal divisional lines, and wherein the generating the prediction block of the second block is performed by a unit of the second block.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-4 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1-4 recite the limitation “determining, based on the first information, whether or not a first block is divided, through the tree-based partitioning, … obtaining, from the bitstream, second information…and third information…. based on the determination”. The applicant’s originally filed specification fails to disclose this limitation.
Claims 1-4 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Claims 1-4 recite the limitation “wherein the first block is divided into the plurality of second blocks based on the tree- based partitioning and type-based partitioning”, however, the applicant’s originally filed specification does not disclose the process or steps for dividing a block using both tree-based and type-based partitioning in conjunction for partitioning a single block for enabling one of ordinary skill in the art to make and/or use the invention.
In support of this conclusion of non-enablement the following Wands factors were considered: A) the breadth of the claims is overly immense. It covers nearly all ways and methods of partitioning a block. B) the nature of the invention is directed toward partitioning a block, not all ways of combining both tree-based and type-based partitioning. C) the state of the prior art is very large, as it covers all methods of using both tree-based and type-based partitioning. D) the level of ordinary skill in the art is hard to determine as the claims cover all methods of using both tree-based and type-based partitioning for partitioning a single block. E) the level of predictability in the art is high as there are many ways for partitioning a block. F) the amount of direction provided by the inventor is limited as the claims cover all methods of using both tree-based and type-based partitioning for partitioning a single block. G) the existence of working examples is unknown to the examiner. H) the quantity of experimentation needed to make or use the invention based on the content of the disclosure is unduly high because the disclosure recites the blanket statement both tree-based and type-based partitioning may be used in conjunction for partitioning a block and the disclosure teaches the steps for performing both tree-based and type-based partitioning as separate processes and at different steps in the encoding/decoding process (i.e. tree based partitioning is applied for a first leaf node and type-based partitioning is applied to subsequent nodes), however, the disclosure does not teach the process (i.e. how to use 3 flags for performing tree based partitioning in conjunction with an index for type based partitioning or how to apply both types of partitioning simultaneously for a single block) or expected outcome (i.e. how a single block would look or function after both tree-based and type-based partitioning is applied) of using both tree-based and type-based partitioning in combination for splitting a single block and the claimed invention is directed toward nearly all methods of combining both tree-based and type-based partitioning for partitioning a single block.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-4 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1-4 recites the limitation “generating a prediction of a second block” in line 14. It is unclear if the term “a second block” refers to a second block within “the plurality of second blocks” in line 13 or another second block.
Claims 1-4 recites the limitation “wherein the first block is divided into the plurality of second blocks based on the tree- based partitioning and type-based partitioning” in lines 18-19, however, limitations “obtaining, from the bitstream, first information indicating whether or not tree-based partitioning is applied” and “obtaining, in case the type-based partitioning is determined to be performed, an index…” contemplate conditions in which both tree-based and type-based partitioning are not to be performed. Thus, the limitation is unclear.
Claims 1-4 recites the limitation “wherein the generating the prediction block of the second block is performed by a unit of the second block”. It is unclear what is meant by a “unit” of a second block or how a “unit” of a block is able to perform prediction processing.
Claims 1-4 recite the limitation “dividing, based on the second information and the third information, the first block into the plurality of second blocks” in line 11, however, it is also recited in line 18 “wherein the first block is divided into the plurality of second blocks based on the tree- based partitioning and type-based partitioning”. It is unclear is if only the second and third information or both tree-based and type-based is to be used for partitioning the block into a plurality of second blocks.
Claim 4 is directed toward “a method of transmitting a bitstream”, however, the claim only recites steps for an encoding method”. Thus, the claims is unclear.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Guo et al. (Guo) (US 2013/0163664) ([0041], split enable and direction flags and partition mode information is signaled).
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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