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Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11375210. Although the claims at issue are not identical, they are not patentably distinct from each other because one is an apparatus the other a CRM and the 11375210 patent is a slightly narrower version of the current claim.
US 11375210 B2
1. An image decoding apparatus comprising: a processor; and a memory having a program stored thereon, the program causing the processor to execute operations including: obtaining tile constraint information included in a sequence parameter set, the sequence parameter set used in common for a plurality of pictures and the tile constraint information indicating whether or not there is a constraint uniformly in the plurality of pictures in filtering on tile boundaries between adjacent tiles among a plurality of tiles into which a picture is divided; obtaining filter information item among the plurality of filter information items from one of a plurality of picture parameter sets, each of the plurality of filter information items indicating whether or not the filtering is executed per an each-picture basis; decoding the plurality of pictures; (i) when the tile constraint information indicates that there is constraint in the filtering, and the filter information item indicates that the filtering is executed, determining that the filtering is executed on all of the tile boundaries in the plurality of pictures; (ii) when the tile constraint information indicates that there is constraint in the filtering and the filter information item indicates that the filtering is not executed, determining the filtering is not executed on any of the tile boundaries in the plurality of pictures; (iii) when the tile constraint information indicates that there is not constraint in the filtering and the filter information item indicates that the filtering is executed, determining the filtering is executed in a picture which includes the obtained one of the plurality of picture parameter set; and (iv) when the tile constraint information indicates that there is not constraint in the filtering and the filter information item indicates that the filtering is not executed, determining the filtering is not executed in the picture, wherein the tiles are defined by HEVC standard.
Current Application
1. A non-transitory computer readable medium storing therein a computer program, which when executed by a processor, causes the processor to perform operations including: obtaining tile constraint information included in a sequence parameter set, the sequence parameter set used in common for a plurality of pictures and the tile constraint information indicating whether or not there is a constraint uniformly in the plurality of pictures in filtering on tile boundaries between adjacent tiles among a plurality of tiles into which a picture is divided; obtaining a filter information item among a plurality of filter information items from one of a plurality of picture parameter sets, each of the plurality of filter information items indicating whether or not the filtering is executed per an each-picture basis; decoding the plurality of pictures; (i) when the tile constraint information indicates that there is constraint in the filtering, and the filter information item indicates that the filtering is executed, determining that the filtering is executed on all of the tile boundaries in the plurality of pictures; (ii) when the tile constraint information indicates that there is constraint in the filtering and the filter information item indicates that the filtering is not executed, determining the filtering is not executed on any of the tile boundaries in the plurality of pictures; (iii) when the tile constraint information indicates that there is not constraint in the filtering and the filter information item indicates that the filtering is executed, determining the filtering is executed in a picture which includes the obtained one of the plurality of picture parameter set; and (iv) when the tile constraint information indicates that there is not constraint in the filtering and the filter information item indicates that the filtering is not executed, determining the filtering is not executed in the picture.
Claim 2 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2 of U.S. Patent No. 11375210. Although the claims at issue are not identical, they are not patentably distinct from each other because one is an apparatus the other a CRM and the 11375210 patent is a slightly narrower version of the current claim.
US 11375210 B2
2. An image coding apparatus comprising: a processor; and a memory having a program stored thereon, the program causing the processor to execute operations including: determining whether a filtering is executed on all of tile boundaries between adjacent tiles among a plurality of tiles into which a picture is divided in a plurality of pictures or not; (i) when the filtering is determined to be executed on all of the tile boundaries, coding a sequence parameter set including tile constraint information which indicates that there is constraint in the filtering, the sequence parameter set used in common for a plurality of pictures, and coding one of a plurality of picture parameter sets including filter information item which indicates that the filtering is executed per a picture basis; (ii) when the filtering is not executed on any of the tile boundaries in the plurality of pictures, coding the sequence parameter set including the tile constraint information which indicates that there is constraint in the filtering, coding the one of the plurality of picture parameter sets including the filter information item which indicates that the filtering is not executed, and determining whether the filtering is executed on the all tile boundaries in a particular picture or not on a picture basis; (iii) when the filtering is executed in the particular picture, coding the sequence parameter set including the tile constraint information which indicates that there is not constraint in the filtering, coding the one of the plurality of picture parameter sets including the filter information item which indicates that the filtering is executed, and setting the one of the plurality of picture parameter sets in the particular picture; (iv) when the filtering is not executed in the particular picture, coding the sequence parameter set including the tile constraint information which indicates that there is not constraint in the filtering, coding the one of the plurality of picture parameter sets including the filter information item which indicates that the filtering is not executed, and setting the one of the plurality of picture parameter sets in the particular picture, wherein the tiles are defined by HEVC standard.
Current Application
2. A non-transitory computer readable medium storing therein a computer program, which when executed by a processor, causes the processor to perform operations including: determining whether a filtering is executed on all of tile boundaries between adjacent tiles among a plurality of tiles into which a picture is divided in a plurality of pictures or not; (i) when the filtering is determined to be executed on all of the tile boundaries, coding a sequence parameter set including tile constraint information which indicates that there is constraint in the filtering, the sequence parameter set used in common for a plurality of pictures, and coding one of a plurality of picture parameter sets including a filter information item which indicates that the filtering is executed per a picture basis; (ii) when the filtering is not executed on any of the tile boundaries in the plurality of pictures, coding the sequence parameter set including the tile constraint information which indicates that there is constraint in the filtering, coding the one of the plurality of picture parameter sets including the filter information item which indicates that the filtering is not executed, and determining whether the filtering is executed on the all of the tile boundaries in a particular picture or not on a picture basis; (iii) when the filtering is executed in the particular picture, coding the sequence parameter set including the tile constraint information which indicates that there is not constraint in the filtering, coding the one of the plurality of picture parameter sets including the filter information item which indicates that the filtering is executed, and setting the one of the plurality of picture parameter sets in the particular picture; and (iv) when the filtering is not executed in the particular picture, coding the sequence parameter set including the tile constraint information which indicates that there is not constraint in the filtering, coding the one of the plurality of picture parameter sets including the filter information item which indicates that the filtering is not executed, and setting the one of the plurality of picture parameter sets in the particular picture.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11765364. Although the claims at issue are not identical, they are not patentably distinct from each other because one is a method the other a CRM and the 11765364 patent is a slightly narrower version of the current claim.
US 11765364 B2
1. An image decoding method comprising: obtaining tile constraint information included in a sequence parameter set, the sequence parameter set used in common for a plurality of pictures and the tile constraint information indicating whether or not there is a constraint uniformly in the plurality of pictures in filtering on tile boundaries between adjacent tiles among a plurality of tiles into which a picture is divided; obtaining filter information item among the plurality of filter information items from one of a plurality of picture parameter sets, each of the plurality of filter information items indicating whether or not the filtering is executed per an each-picture basis; decoding the plurality of pictures; (i) when the tile constraint information indicates that there is constraint in the filtering, and the filter information item indicates that the filtering is executed, determining that the filtering is executed on all of the tile boundaries in the plurality of pictures; (ii) when the tile constraint information indicates that there is constraint in the filtering and the filter information item indicates that the filtering is not executed, determining the filtering is not executed on any of the tile boundaries in the plurality of pictures; (iii) when the tile constraint information indicates that there is not constraint in the filtering and the filter information item indicates that the filtering is executed, determining the filtering is executed in a picture which includes the obtained one of the plurality of picture parameter set; and (iv) when the tile constraint information indicates that there is not constraint in the filtering and the filter information item indicates that the filtering is not executed, determining the filtering is not executed in the picture, wherein the tiles are defined by HEVC standard.
Current Application
1. A non-transitory computer readable medium storing therein a computer program, which when executed by a processor, causes the processor to perform operations including: obtaining tile constraint information included in a sequence parameter set, the sequence parameter set used in common for a plurality of pictures and the tile constraint information indicating whether or not there is a constraint uniformly in the plurality of pictures in filtering on tile boundaries between adjacent tiles among a plurality of tiles into which a picture is divided; obtaining a filter information item among a plurality of filter information items from one of a plurality of picture parameter sets, each of the plurality of filter information items indicating whether or not the filtering is executed per an each-picture basis; decoding the plurality of pictures; (i) when the tile constraint information indicates that there is constraint in the filtering, and the filter information item indicates that the filtering is executed, determining that the filtering is executed on all of the tile boundaries in the plurality of pictures; (ii) when the tile constraint information indicates that there is constraint in the filtering and the filter information item indicates that the filtering is not executed, determining the filtering is not executed on any of the tile boundaries in the plurality of pictures; (iii) when the tile constraint information indicates that there is not constraint in the filtering and the filter information item indicates that the filtering is executed, determining the filtering is executed in a picture which includes the obtained one of the plurality of picture parameter set; and (iv) when the tile constraint information indicates that there is not constraint in the filtering and the filter information item indicates that the filtering is not executed, determining the filtering is not executed in the picture.
Claim 2 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2 of U.S. Patent No. 11765364. Although the claims at issue are not identical, they are not patentably distinct from each other because one is a method the other a CRM and the 11765364 patent is a slightly narrower version of the current claim.
US 11765364 B2
2. An image coding method comprising: determining whether a filtering is executed on all of tile boundaries between adjacent tiles among a plurality of tiles into which a picture is divided in a plurality of pictures or not; (i) when the filtering is determined to be executed on all of the tile boundaries, coding a sequence parameter set including tile constraint information which indicates that there is constraint in the filtering, the sequence parameter set used in common for a plurality of pictures, and coding one of a plurality of picture parameter sets including filter information item which indicates that the filtering is executed per a picture basis; (ii) when the filtering is not executed on any of the tile boundaries in the plurality of pictures, coding the sequence parameter set including the tile constraint information which indicates that there is constraint in the filtering, coding the one of the plurality of picture parameter sets including the filter information item which indicates that the filtering is not executed, and determining whether the filtering is executed on the all tile boundaries in a particular picture or not on a picture basis; (iii) when the filtering is executed in the particular picture, coding the sequence parameter set including the tile constraint information which indicates that there is not constraint in the filtering, coding the one of the plurality of picture parameter sets including the filter information item which indicates that the filtering is executed, and setting the one of the plurality of picture parameter sets in the particular picture; and (iv) when the filtering is not executed in the particular picture, coding the sequence parameter set including the tile constraint information which indicates that there is not constraint in the filtering, coding the one of the plurality of picture parameter sets including the filter information item which indicates that the filtering is not executed, and setting the one of the plurality of picture parameter sets in the particular picture, wherein the tiles are defined by HEVC standard.
Current Application
2. A non-transitory computer readable medium storing therein a computer program, which when executed by a processor, causes the processor to perform operations including: determining whether a filtering is executed on all of tile boundaries between adjacent tiles among a plurality of tiles into which a picture is divided in a plurality of pictures or not; (i) when the filtering is determined to be executed on all of the tile boundaries, coding a sequence parameter set including tile constraint information which indicates that there is constraint in the filtering, the sequence parameter set used in common for a plurality of pictures, and coding one of a plurality of picture parameter sets including a filter information item which indicates that the filtering is executed per a picture basis; (ii) when the filtering is not executed on any of the tile boundaries in the plurality of pictures, coding the sequence parameter set including the tile constraint information which indicates that there is constraint in the filtering, coding the one of the plurality of picture parameter sets including the filter information item which indicates that the filtering is not executed, and determining whether the filtering is executed on the all of the tile boundaries in a particular picture or not on a picture basis; (iii) when the filtering is executed in the particular picture, coding the sequence parameter set including the tile constraint information which indicates that there is not constraint in the filtering, coding the one of the plurality of picture parameter sets including the filter information item which indicates that the filtering is executed, and setting the one of the plurality of picture parameter sets in the particular picture; and (iv) when the filtering is not executed in the particular picture, coding the sequence parameter set including the tile constraint information which indicates that there is not constraint in the filtering, coding the one of the plurality of picture parameter sets including the filter information item which indicates that the filtering is not executed, and setting the one of the plurality of picture parameter sets in the particular picture.
Claim 3 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 3 of U.S. Patent No. 11765364. Although the claims at issue are not identical, they are not patentably distinct from each other because the 11765364 patent is a slightly narrower version of the current claim.
US 11765364 B2
3. A non-transitory computer-readable medium storing a bitstream, the bitstream comprising: a constraint information; and a filter information item, the bitstream being coded by a coding method including: determining whether a filtering is executed on all of tile boundaries between adjacent tiles among a plurality of tiles into which a picture is divided in a plurality of pictures or not; (i) when the filtering is determined to be executed on all of the tile boundaries, coding a sequence parameter set including tile constraint information which indicates that there is constraint in the filtering, the sequence parameter set used in common for a plurality of pictures, and coding one of a plurality of picture parameter sets including filter information item which indicates that the filtering is executed per a picture basis; (ii) when the filtering is not executed on any of the tile boundaries in the plurality of pictures, coding the sequence parameter set including the tile constraint information which indicates that there is constraint in the filtering, coding the one of the plurality of picture parameter sets including the filter information item which indicates that the filtering is not executed, and determining whether the filtering is executed on the all tile boundaries in a particular picture or not on a picture basis; (iii) when the filtering is executed in the particular picture, coding the sequence parameter set including the tile constraint information which indicates that there is not constraint in the filtering, coding the one of the plurality of picture parameter sets including the filter information item which indicates that the filtering is executed, and setting the one of the plurality of picture parameter sets in the particular picture; and (iv) when the filtering is not executed in the particular picture, coding the sequence parameter set including the tile constraint information which indicates that there is not constraint in the filtering, coding the one of the plurality of picture parameter sets including the filter information item which indicates that the filtering is not executed, and setting the one of the plurality of picture parameter sets in the particular picture, wherein the tiles are defined by HEVC standard.
Current Application
3. A non-transitory computer-readable medium storing a bitstream, the bitstream comprising: tile constraint information; and a filter information item, the bitstream being coded by a coding method including: determining whether a filtering is executed on all of tile boundaries between adjacent tiles among a plurality of tiles into which a picture is divided in a plurality of pictures or not; (i) when the filtering is determined to be executed on all of the tile boundaries, coding a sequence parameter set including the tile constraint information which indicates that there is constraint in the filtering, the sequence parameter set used in common for a plurality of pictures, and coding one of a plurality of picture parameter sets including the filter information item which indicates that the filtering is executed per a picture basis; (ii) when the filtering is not executed on any of the tile boundaries in the plurality of pictures, coding the sequence parameter set including the tile constraint information which indicates that there is constraint in the filtering, coding the one of the plurality of picture parameter sets including the filter information item which indicates that the filtering is not executed, and determining whether the filtering is executed on all of the tile boundaries in a particular picture or not on a picture basis; (iii) when the filtering is executed in the particular picture, coding the sequence parameter set including the tile constraint information which indicates that there is not constraint in the filtering, coding the one of the plurality of picture parameter sets including the filter information item which indicates that the filtering is executed, and setting the one of the plurality of picture parameter sets in the particular picture; and (iv) when the filtering is not executed in the particular picture, coding the sequence parameter set including the tile constraint information which indicates that there is not constraint in the filtering, coding the one of the plurality of picture parameter sets including the filter information item which indicates that the filtering is not executed, and setting the one of the plurality of picture parameter sets in the particular picture.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12101491. Although the claims at issue are not identical, they are not patentably distinct from each other because the 12101491 patent is a slightly narrower version of the current claim.
US 12101491 B2
1. A non-transitory computer readable medium storing therein a computer program, which when executed by a processor, causes the processor to perform operations including: obtaining tile constraint information included in a sequence parameter set, the sequence parameter set used in common for a plurality of pictures and the tile constraint information indicating whether or not there is a constraint uniformly in the plurality of pictures in filtering on tile boundaries between adjacent tiles among a plurality of tiles into which a picture is divided; obtaining filter information item among the plurality of filter information items from one of a plurality of picture parameter sets, each of the plurality of filter information items indicating whether or not the filtering is executed per an each picture basis; decoding the plurality of pictures; (i) when the tile constraint information indicates that there is constraint in the filtering, and the filter information item indicates that the filtering is executed, determining that the filtering is executed on all of the tile boundaries in the plurality of pictures; (ii) when the tile constraint information indicates that there is constraint in the filtering and the filter information item indicates that the filtering is not executed, determining the filtering is not executed on any of the tile boundaries in the plurality of pictures; (iii) when the tile constraint information indicates that there is not constraint in the filtering and the filter information item indicates that the filtering is executed, determining the filtering is executed in a picture which includes the obtained one of the plurality of picture parameter set; and (iv) when the tile constraint information indicates that there is not constraint in the filtering and the filter information item indicates that the filtering is not executed, determining the filtering is not executed in the picture, wherein the tiles are defined by HEVC standard.
Current Application
1. A non-transitory computer readable medium storing therein a computer program, which when executed by a processor, causes the processor to perform operations including: obtaining tile constraint information included in a sequence parameter set, the sequence parameter set used in common for a plurality of pictures and the tile constraint information indicating whether or not there is a constraint uniformly in the plurality of pictures in filtering on tile boundaries between adjacent tiles among a plurality of tiles into which a picture is divided; obtaining a filter information item among a plurality of filter information items from one of a plurality of picture parameter sets, each of the plurality of filter information items indicating whether or not the filtering is executed per an each-picture basis; decoding the plurality of pictures; (i) when the tile constraint information indicates that there is constraint in the filtering, and the filter information item indicates that the filtering is executed, determining that the filtering is executed on all of the tile boundaries in the plurality of pictures; (ii) when the tile constraint information indicates that there is constraint in the filtering and the filter information item indicates that the filtering is not executed, determining the filtering is not executed on any of the tile boundaries in the plurality of pictures; (iii) when the tile constraint information indicates that there is not constraint in the filtering and the filter information item indicates that the filtering is executed, determining the filtering is executed in a picture which includes the obtained one of the plurality of picture parameter set; and (iv) when the tile constraint information indicates that there is not constraint in the filtering and the filter information item indicates that the filtering is not executed, determining the filtering is not executed in the picture.
Claim 2 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2 of U.S. Patent No. 12101491. Although the claims at issue are not identical, they are not patentably distinct from each other because the 12101491 patent is a slightly narrower version of the current claim.
US 12101491 B2
2. A non-transitory computer readable medium storing therein a computer program, which when executed by a processor, causes the processor to perform operations including: determining whether a filtering is executed on all of tile boundaries between adjacent tiles among a plurality of tiles into which a picture is divided in a plurality of pictures or not; (i) when the filtering is determined to be executed on all of the tile boundaries, coding a sequence parameter set including tile constraint information which indicates that there is constraint in the filtering, the sequence parameter set used in common for a plurality of pictures, and coding one of a plurality of picture parameter sets including filter information item which indicates that the filtering is executed per a picture basis; (ii) when the filtering is not executed on any of the tile boundaries in the plurality of pictures, coding the sequence parameter set including the tile constraint information which indicates that there is constraint in the filtering, coding the one of the plurality of picture parameter sets including the filter information item which indicates that the filtering is not executed, and determining whether the filtering is executed on the all of the tile boundaries in a particular picture or not on a picture basis; (iii) when the filtering is executed in the particular picture, coding the sequence parameter set including the tile constraint information which indicates that there is not constraint in the filtering, coding the one of the plurality of picture parameter sets including the filter information item which indicates that the filtering is executed, and setting the one of the plurality of picture parameter sets in the particular picture; and (iv) when the filtering is not executed in the particular picture, coding the sequence parameter set including the tile constraint information which indicates that there is not constraint in the filtering, coding the one of the plurality of picture parameter sets including the filter information item which indicates that the filtering is not executed, and setting the one of the plurality of picture parameter sets in the particular picture, wherein the tiles are defined by HEVC standard.
Current Application
2. A non-transitory computer readable medium storing therein a computer program, which when executed by a processor, causes the processor to perform operations including: determining whether a filtering is executed on all of tile boundaries between adjacent tiles among a plurality of tiles into which a picture is divided in a plurality of pictures or not; (i) when the filtering is determined to be executed on all of the tile boundaries, coding a sequence parameter set including tile constraint information which indicates that there is constraint in the filtering, the sequence parameter set used in common for a plurality of pictures, and coding one of a plurality of picture parameter sets including a filter information item which indicates that the filtering is executed per a picture basis; (ii) when the filtering is not executed on any of the tile boundaries in the plurality of pictures, coding the sequence parameter set including the tile constraint information which indicates that there is constraint in the filtering, coding the one of the plurality of picture parameter sets including the filter information item which indicates that the filtering is not executed, and determining whether the filtering is executed on the all of the tile boundaries in a particular picture or not on a picture basis; (iii) when the filtering is executed in the particular picture, coding the sequence parameter set including the tile constraint information which indicates that there is not constraint in the filtering, coding the one of the plurality of picture parameter sets including the filter information item which indicates that the filtering is executed, and setting the one of the plurality of picture parameter sets in the particular picture; and (iv) when the filtering is not executed in the particular picture, coding the sequence parameter set including the tile constraint information which indicates that there is not constraint in the filtering, coding the one of the plurality of picture parameter sets including the filter information item which indicates that the filtering is not executed, and setting the one of the plurality of picture parameter sets in the particular picture.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 10701372. Although the claims at issue are not identical, they are not patentably distinct from each other because the 10701372 patent is a slightly narrower version of the current claim, and is an apparatus as opposed to a CRM.
US 10701372 B2
1. An image decoding apparatus which decodes a stream of data that includes a plurality of pictures, tile constraint information in a sequence parameter set and a plurality of filter information items in a plurality of picture parameter sets, the tile constraint information indicating whether or not there is a constraint uniformly in the plurality of pictures in filtering on tile boundaries between adjacent tiles among a plurality of tiles into which a picture is divided, each of the plurality of filter information items indicating whether or not the filtering is executed per an each-picture basis, the image decoding apparatus comprising: a processor; and a memory having a program stored thereon, the program causing the processor to execute operations including: obtaining the sequence parameter set from the stream, wherein the sequence parameter set is to be used in common for the plurality of pictures included in the stream; obtaining the tile constraint information included in the sequence parameter set; obtaining one of the plurality of picture parameter sets from the stream; obtaining, from the one of the plurality of picture parameter sets, one filter information item among the plurality of filter information items; decoding the plurality of pictures, (i) when the tile constraint information indicates that there is constraint in the filtering, and the one filter information item indicates that the filtering is executed, determining that the filtering is executed on all of the tile boundaries in the plurality of pictures, (ii) when the tile constraint information indicates that there is constraint in the filtering and the one filter information item indicates that the filtering is not executed, determining the filtering is not executed on any of the tile boundaries in the plurality of pictures, (iii) when the tile constraint information indicates that there is not constraint in the filtering and the one filter information item indicates that the filtering is executed, determining the filtering is executed in a picture which includes the obtained one of the plurality of picture parameter set, (iv) when the tile constraint information indicates that there is not constraint in the filtering and the one filter information item indicates that the filtering is not executed, determining the filtering is not executed in the picture, wherein the tiles are defined by HEVC standard.
Current Application
1. A non-transitory computer readable medium storing therein a computer program, which when executed by a processor, causes the processor to perform operations including: obtaining tile constraint information included in a sequence parameter set, the sequence parameter set used in common for a plurality of pictures and the tile constraint information indicating whether or not there is a constraint uniformly in the plurality of pictures in filtering on tile boundaries between adjacent tiles among a plurality of tiles into which a picture is divided; obtaining a filter information item among a plurality of filter information items from one of a plurality of picture parameter sets, each of the plurality of filter information items indicating whether or not the filtering is executed per an each-picture basis; decoding the plurality of pictures; (i) when the tile constraint information indicates that there is constraint in the filtering, and the filter information item indicates that the filtering is executed, determining that the filtering is executed on all of the tile boundaries in the plurality of pictures; (ii) when the tile constraint information indicates that there is constraint in the filtering and the filter information item indicates that the filtering is not executed, determining the filtering is not executed on any of the tile boundaries in the plurality of pictures; (iii) when the tile constraint information indicates that there is not constraint in the filtering and the filter information item indicates that the filtering is executed, determining the filtering is executed in a picture which includes the obtained one of the plurality of picture parameter set; and (iv) when the tile constraint information indicates that there is not constraint in the filtering and the filter information item indicates that the filtering is not executed, determining the filtering is not executed in the picture.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 10212431. Although the claims at issue are not identical, they are not patentably distinct from each other because the 10212431 patent is a slightly narrower version of the current claim and is an apparatus as opposed to a CRM.
US 10212431 B2
1. An image decoding apparatus which decodes a stream of data that includes a plurality of pictures, tile constraint information in a sequence parameter set and a plurality of filter information items in a plurality of picture parameter sets, the tile constraint information indicating whether or not there is a constraint uniformly in the plurality of pictures in filtering on tile boundaries between adjacent tiles among a plurality of tiles into which a picture is divided, each of the plurality of filter information items indicating whether or not the filtering is executed per an each-picture basis, the image decoding apparatus comprising: a processor; and a memory having a program stored thereon, the program causing the processor to execute operations including: obtaining the sequence parameter set from the stream, wherein the sequence parameter set is to be used in common for the plurality of pictures included in the stream; obtaining the tile constraint information included in the sequence parameter set; obtaining one of the plurality of picture parameter sets from the stream; obtaining, from the one of the plurality of picture parameter sets, one filter information item among the plurality of filter information items; decoding the plurality of pictures, (i) when the tile constraint information indicates that there is constraint in the filtering, and the one filter information item indicates that the filtering is executed, determining that the filtering is executed on all of the tile boundaries in the plurality of pictures, (ii) when the tile constraint information indicates that there is constraint in the filtering and the one filter information item indicates that the filtering is not executed, determining the filtering is not executed on any of the tile boundaries in the plurality of pictures, (iii) when the tile constraint information indicates that there is not constraint in the filtering and the one filter information item indicates that the filtering is executed, determining the filtering is executed in a picture which includes the obtained one of the plurality of picture parameter set, (iv) when the tile constraint information indicates that there is not constraint in the filtering and the one filter information item indicates that the filtering is not executed, determining the filtering is not executed in the picture.
Current Application
1. A non-transitory computer readable medium storing therein a computer program, which when executed by a processor, causes the processor to perform operations including: obtaining tile constraint information included in a sequence parameter set, the sequence parameter set used in common for a plurality of pictures and the tile constraint information indicating whether or not there is a constraint uniformly in the plurality of pictures in filtering on tile boundaries between adjacent tiles among a plurality of tiles into which a picture is divided; obtaining a filter information item among a plurality of filter information items from one of a plurality of picture parameter sets, each of the plurality of filter information items indicating whether or not the filtering is executed per an each-picture basis; decoding the plurality of pictures; (i) when the tile constraint information indicates that there is constraint in the filtering, and the filter information item indicates that the filtering is executed, determining that the filtering is executed on all of the tile boundaries in the plurality of pictures; (ii) when the tile constraint information indicates that there is constraint in the filtering and the filter information item indicates that the filtering is not executed, determining the filtering is not executed on any of the tile boundaries in the plurality of pictures; (iii) when the tile constraint information indicates that there is not constraint in the filtering and the filter information item indicates that the filtering is executed, determining the filtering is executed in a picture which includes the obtained one of the plurality of picture parameter set; and (iv) when the tile constraint information indicates that there is not constraint in the filtering and the filter information item indicates that the filtering is not executed, determining the filtering is not executed in the picture.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 9774870. Although the claims at issue are not identical, they are not patentably distinct from each other because the 9774870 patent is a slightly narrower version of the current claim and is an apparatus as opposed to a CRM.
US 9774870 B2
1. An image decoding method of decoding a stream of data that includes a plurality of pictures, tile constraint information in a sequence parameter set, and a plurality of filter information items in a plurality of picture parameter sets, the tile constraint information indicating whether or not there is a constraint uniformly in the plurality of pictures in filtering on tile boundaries between adjacent tiles among a plurality of tiles into which a picture is divided, each of the plurality of filter information items indicating whether or not the filtering is executed per an each-picture basis, the image decoding method comprising: obtaining the sequence parameter set from the stream, wherein the sequence parameter set is to be used in common for the plurality of pictures included in the stream; obtaining the tile constraint information included in the sequence parameter set; obtaining one of the plurality of picture parameter sets from the stream; obtaining, from the one of the plurality of picture parameter sets, one filter information item among the plurality of filter information items; decoding the plurality of pictures, (i) when the tile constraint information indicates that there is constraint in the filtering and the one filter information item indicates that the filtering is executed, determining that the filtering is executed on all of the tile boundaries in the plurality of pictures, (ii) when the tile constraint information indicates that there is constraint in the filtering and the one filter information item indicates that the filtering is not executed, determining the filtering is not executed on any of the tile boundaries in the plurality of pictures, (iii) when the tile constraint information indicates that there is not constraint in the filtering and the one filter information item indicates that the filtering is executed, determining the filtering is executed in a picture which includes the obtained one of the plurality of picture parameter set, (iv) when the tile constraint information indicates that there is not constraint in the filtering and the one filter information item indicates that the filtering is not executed, determining the filtering is not executed in the picture.
Current Application
1. A non-transitory computer readable medium storing therein a computer program, which when executed by a processor, causes the processor to perform operations including: obtaining tile constraint information included in a sequence parameter set, the sequence parameter set used in common for a plurality of pictures and the tile constraint information indicating whether or not there is a constraint uniformly in the plurality of pictures in filtering on tile boundaries between adjacent tiles among a plurality of tiles into which a picture is divided; obtaining a filter information item among a plurality of filter information items from one of a plurality of picture parameter sets, each of the plurality of filter information items indicating whether or not the filtering is executed per an each-picture basis; decoding the plurality of pictures; (i) when the tile constraint information indicates that there is constraint in the filtering, and the filter information item indicates that the filtering is executed, determining that the filtering is executed on all of the tile boundaries in the plurality of pictures; (ii) when the tile constraint information indicates that there is constraint in the filtering and the filter information item indicates that the filtering is not executed, determining the filtering is not executed on any of the tile boundaries in the plurality of pictures; (iii) when the tile constraint information indicates that there is not constraint in the filtering and the filter information item indicates that the filtering is executed, determining the filtering is executed in a picture which includes the obtained one of the plurality of picture parameter set; and (iv) when the tile constraint information indicates that there is not constraint in the filtering and the filter information item indicates that the filtering is not executed, determining the filtering is not executed in the picture.
Claim Interpretation
Patentable weight is given to data stored on a computer-readable medium when there exists a functional relationship between the data and its associated substrate. MPEP 2111.05 III. For example, if a claim is drawn to a computer-readable medium containing programming, a functional relationship exists if the programming “performs some function with respect to the computer with which it is associated.” Id. However, if the claim recites that the computer-readable medium merely serves as a support for information or data, no functional relationship exists and the information or data is not given patentable weight. Id..
Claim 3 is directed to a non transitory computer-readable medium storing bitstream (i.e.tile constraint information, filter information item) and the body of the claim recites steps/elements that describe how the bitstream is coded. These steps are not performed by an intended computer, and the bitstream is not a form of programming that causes functions to be performed by an intended computer. This shows that the computer-readable medium merely serves as support for the bitstream and provides no functional relationship between the steps/elements that describe the coding of the bitstream and intended computer system. Therefore, those claim limitations are afforded very little patentable weight.
Claim Rejections - 35 USC § 112
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.
Claim 1 is 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. It is unclear whether the “decoding the plurality of pictures” includes steps (i)-(iv) or if first there is a decoding, then following the decoding, steps (i)-(iv) are performed. If first there is a decoding, then following the decoding, steps (i)-(iv) are performed, it is not clear what would happen to the output. Examiner is interpreting the claim as meaning decoding, where the decoding has one of (i)-(iv) as the constraint condition included in the decoding.
Claim 3 is 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. It is unclear which parts of the claim are part of the preamble and which parts of the claim compose the body of the claim. For purposes of examination, only “A non-transitory computer-readable medium storing a bitstream, the bitstream comprising” is interpreted as preamble.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of pre-AIA 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 –
(e) the invention was described in a patent granted on an application for patent by another filed in the United States before the invention thereof by the applicant for patent, or on an international application by another who has fulfilled the requirements of paragraphs (1), (2), and (4) of section 371(c) of this title before the invention thereof by the applicant for patent.
The changes made to 35 U.S.C. 102(e) by the American Inventors Protection Act of 1999 (AIPA) and the Intellectual Property and High Technology Technical Amendments Act of 2002 do not apply when the reference is a U.S. patent resulting directly or indirectly from an international application filed before November 29, 2000. Therefore, the prior art date of the reference is determined under 35 U.S.C. 102(e) prior to the amendment by the AIPA (pre-AIPA 35 U.S.C. 102(e)).
Claim(s) 3 is/are rejected under pre-AIA 35 U.S.C. 102(e) as being anticipated by Horowitz et al. (US 20120163452 A1).
Regarding claim 3, Horowitz et al. disclose a non-transitory computer-readable medium storing a bitstream (One function of video decoders is to receive as its input a coded video in the form of a bitstream that may have been produced by a video encoder conforming to the same video compression standard. The video encoder then translates (more generally "transforms") the received coded bitstream into uncoded video information that may be displayed, stored, or otherwise handled. To implement at least parts of the video encoding or decoding, instructions may be needed, and those instructions may be stored and distributed using one or more non-transitory computer readable media. Computer readable media choices include compact disc read-only memory (CD-ROM), digital videodisc read-only memory (DVD-ROM), memory stick, embedded ROM, or others, [0006]-[0007], In yet another broad aspect, there is provided a non-transitory computer readable media having computer executable instructions stored thereon for programming one or more processors to perform a method of decoding a coded video picture comprising a plurality of segments. The method may include, in respect of at least one segment of the coded video picture not having an associated segment header, obtaining from the coded video picture at least one indication of at least one prediction or in-loop filtering operation to be applied to the coded video picture, and controlling the at least one prediction or in-loop filtering operation in response to the at least one indication. In some cases, the coded video picture may include at least two segments without an associated segment header, [0043]).
When determining the scope of a claim directed to a computer-readable medium containing certain programming, the examiner should first look to the relationship between the programming and the intended computer system. Where the programming performs some function with respect to the computer with which it is associated, a functional relationship will be found. For instance, a claim to computer-readable medium programmed with attribute data objects that perform the function of facilitating retrieval, addition, and removal of information in the intended computer system, establishes a functional relationship such that the claimed attribute data objects are given patentable weight. See Lowry, 32 F.3d at 1583-84, 32 USPQ2d at 1035.
However, where the claim as a whole is directed to conveying a message or meaning to a human reader independent of the intended computer system, and/or the computer-readable medium merely serves as a support for information or data, no functional relationship exists. For example, a claim to a memory stick containing tables of batting averages, or tracks of recorded music, utilizes the intended computer system merely as a support for the information. Such claims are directed toward conveying meaning to the human reader rather than towards establishing a functional relationship between recorded data and the computer.
To be given patentable weight, computer-readable recording medium and the data (i.e. descriptive material) must be in a functional relationship. A functional relationship can be found where the descriptive material performs some function with respect to the storage medium to which it is associated. See MPEP §2111.05(I)(A). When a claimed “computer-readable recording medium merely serves as a support for information or data, no functional relationship exists”. MPEP §2111.05(III). The storage medium storing the claimed data in claim 3 merely serves as a support for the storage of the data and provides no functional relationship between the stored data and storage medium. Therefore the structure of the data, 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 reference Horowitz et al. which recites a storage medium storing a data.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELLE M ENTEZARI HAUSMANN whose telephone number is (571)270-5084. The examiner can normally be reached 10-7 M-F.
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/MICHELLE M ENTEZARI HAUSMANN/Primary Examiner, Art Unit 2671
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