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 . 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 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. There are a total of 4 claims and claims 1-4 are pending.
Response to Amendment
Applicant's argument, filed on December 23, 2025 has been entered and carefully considered. Claims 1-4.
Response to Arguments
3. While the applicant's argument points are understood, the examiner respectfully disagrees it is because the US patent applications 12,101,493, 12,120,299 B2 and 12,088,832 B2 the conflicting claims may not be identical with current application – 18/811,259 but they are not patentably distinct from each other. 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
Therefore, the rejection has been maintained.
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, 2 and 4 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1, 10 and 19 of Pat. No. US 12,101,493 B2. Although the conflicting claims are not identical, they are not patentably distinct from each other.
Claims 1, 10 and 19 of Pat. No. US 12,101,493 B2
Claims 1,2 and 4 of current application – 18/811,259 -Note* bold means difference in instant application
1. (Currently Amended) An image decoding method performed by a decoding apparatus, the method comprising: obtaining image information including adaptive color transform (ACT)-related information from a bitstream;
deriving a residual sample by applying ACT for a current block based on the ACT-related information; and
generating a reconstructed sample based on the residual sample, wherein the ACT-related information includes information on whether to apply the ACT to the current block, wherein based on the ACT-related information on applying the ACT to the current block, the residual sample is derived by clipping based on a clipping range, [[and]] wherein the clipping range is determined based on a bit depth (BitDepth), wherein the clipping range has a value between a maximum value and a minimum value
derived based on a value obtained by increasing the bit depth by 1, and
wherein the maximum value of the clipping range is equal to ( 1 << ( BitDepth + 1 ) ) - 1.
1. An image decoding method performed by a decoding apparatus, the method comprising: obtaining image information including prediction mode information and adaptive color transform (ACT)-related information from a bitstream; deriving a prediction sample for a current block based on the prediction mode information; deriving a residual sample by applying an ACT for the current block based on the ACT related information; and generating a reconstructed sample for the current block based on the prediction sample
and the residual sample, wherein the ACT-related information includes information on whether to apply the ACT to the current block,
wherein based on the information on whether to apply the ACT to the current block, the residual sample is derived by clipping based on a clipping range,
wherein the clipping range is determined based on a bit depth (BitDepth),
wherein the clipping range has a maximum value and a minimum value derived based on a value obtained by increasing the bit depth by 1, and
wherein the maximum value of the clipping range is equal to ( 1 < < ( BitDepth + 1 ) ) - 1.
10. (Currently Amended) An image encoding method performed by an encoding apparatus, the method comprising: generating adaptive color transform (ACT)-related information for a current block; deriving a residual sample by applying ACT to the current block based on the ACT-related information;
generating residual information on the residual sample; and encoding image information including the ACT-related information and the residual
information, wherein the ACT-related information includes information on whether to apply the ACT
to the current block, wherein based on the ACT-related information on applying the ACT to the current block,
the residual sample is derived by clipping based on a clipping range, [[and]]
wherein the clipping range is determined based on a bit depth (BitDepth).,_
wherein the clipping range has a value between a maximum value and a minimum value derived based on a value obtained by increasing the bit depth by 1, and wherein the maximum value of the clipping range is equal to ( 1 << ( BitDepth + 1 ) )- 1.
2. An image encoding method performed by a decoding apparatus, the method comprising: obtaining image information including prediction mode information and adaptive color transform (ACT)-related information from a bitstream; deriving a prediction sample for a current block based on the prediction mode information; deriving a residual sample by applying an ACT for the current block based on the ACT related information; and generating a reconstructed sample for the current block based on the prediction sample
and the residual sample, wherein the ACT-related information includes information on whether to apply the ACT to the current block,
wherein based on the information on whether to apply the ACT to the current block, the residual sample is derived by clipping based on a clipping range,
wherein the clipping range is determined based on a bit depth (BitDepth),
wherein the clipping range has a maximum value and a minimum value derived based
on a value obtained by increasing the bit depth by 1, and
wherein the maximum value of the clipping range is equal to ( 1 < < ( BitDepth + 1 ) ) -
1.
19. (New) A transmission method of data for an image, the transmission method
comprising: obtaining a bitstream for the image, wherein the bitstream is generated based on generating
adaptive color transform (ACT)-related information for a current block, deriving a residual sample by applying ACT to the current block based on the ACT-related information, generating residual
information on the residual sample, and encoding image information including the ACT-related information and the residual information; and transmitting the data comprising the bitstream, wherein the ACT-related information includes information on whether to apply the ACT
to the current block, wherein based on the ACT-related information on applying the ACT to the current block, the residual sample is derived by clipping based on a clipping range, wherein the clipping range is determined based on a bit depth (BitDepth), wherein the clipping range has a value between a maximum value and a minimum value derived based on a value obtained by increasing the bit depth by 1, and wherein the maximum value of the clipping range is equal to ( I << ( BitDepth + I ) ) - 1.
4. A transmission method of data for an image, the transmission method comprising: obtaining a bitstream for the image, wherein the bitstrearn is generated based on generating a prediction sample for a current block, generating prediction mode information
based on the prediction sample, generating adaptive color transform (ACT)-related information for the current block, deriving a residual sample by applying an ACT to the current block based on the ACT-related information and the prediction sample, generating
residual information based on the residual sample, and encoding image information including the prediction mode information, the ACT-related information and the residual information; and transmitting the data comprising the bitstream,
wherein the ACT-related information includes information on whether to apply the ACT to the current block,
wherein based on the information on whether to apply the ACT to the current block, the residual sample is derived by clipping based on a clipping range,
wherein the clipping range is determined based on a bit depth (BitDepth),
wherein the clipping range has a maximum value and a minimum value derived based on a value obtained by increasing the bit depth by 1, and
wherein the maximum value of the clipping range is equal to ( 1 < < ( BitDepth + 1 ) ) - 1.
Claims 1, 2 and 4 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1, 10 of Pat. No. US 12,120,299 B2. Although the conflicting claims are not identical, they are not patentably distinct from each other.
Claims 1, 10 and 19 of Pat. No. US 12,120,299 B2
Claims 1,2 and 4 of current application – 18/811,259 -Note* bold means difference in instant application
1. An image decoding method performed by a decoding apparatus, the method comprising: obtaining image information including residual information and prediction mode information from a bitstream; deriving a prediction sample for a current block based on the prediction mode information; deriving a residual sample for the current block based on the residual information; and generating a reconstructed sample based on the residual sample and the prediction sample, wherein the image information includes adaptive color transform (ACT)-related information, where whether to apply an ACT to the residual sample of the current block is determined based on the ACT-related information,
Wherein based on the ACT-related information,
Wherein based on the ACT-related information representing that the ACT is applied, clipping is performed on the residual sample to apply the ACT, (BitDepth), wherein the clipping range includes a clipping range for a luma component and a clipping range for a chroma component, wherein the clipping range for the luma component includes a range between -( 1 << BitDepth) and ( 1 << BitDepth)- 1, and
wherein the clipping range for the chroma component includes a range between -( 1 <<(BitDepth + 1)) and ( 1 << (BitDepth + 1)) - 1.
1. An image decoding method performed by a decoding apparatus, the method comprising: obtaining image information including prediction mode information and adaptive color transform (ACT)-related information from a bitstream; deriving a prediction sample for a current block based on the prediction mode information; deriving a residual sample by applying an ACT for the current block based on the ACT related information; and generating a reconstructed sample for the current block based on the prediction sample
and the residual sample, wherein the ACT-related information includes information on whether to apply the ACT to the current block,
wherein based on the information on whether to apply the ACT to the current block, the residual sample is derived by clipping based on a clipping range,
wherein the clipping range is determined based on a bit depth (BitDepth),
wherein the clipping range has a maximum value and a minimum value derived based
on a value obtained by increasing the bit depth by 1, and
wherein the maximum value of the clipping range is equal to ( 1 < < ( BitDepth + 1 ) ) -
1.
10. (Currently Amended) An image encoding method performed by an encoding apparatus, the method comprising: deriving a prediction sample for a current block generating prediction mode information; deriving a residual sample for the current block based on the prediction sample; generating residual information based on the residual sample; and encoding image information including the residual information and the prediction mode information,
wherein the image information includes adaptive color transform (ACT)-related
information, wherein whether to apply an ACT to the residual sample of the current
block is determined based on the ACT-related information, wherein based on the ACT-related information representing that
the ACT applied, clipping is performed on the residual sample to apply the ACT, wherein the clipping is performed according to a clipping range determined based on a bit depth (BitDepth),
wherein the clipping range includes a clipping range for a luma component and a clipping range for a chroma component,
wherein the clipping range for the luma component includes a range between -( 1 << BitDepth) and ( 1 << BitDepth)- 1, and
wherein the clipping range for the chroma component includes a range between -( 1 << (BitDepth + 1)) and ( 1 << (BitDepth + 1)) - 1.
2. An image encoding method performed by a decoding apparatus, the method comprising: obtaining image information including prediction mode information and adaptive color transform (ACT)-related information from a bitstream; deriving a prediction sample for a current block based on the prediction mode information; deriving a residual sample by applying an ACT for the current block based on the ACT related information; and generating a reconstructed sample for the current block based on the prediction sample
and the residual sample, wherein the ACT-related information includes information on whether to apply the ACT to the current block,
wherein based on the information on whether to apply the ACT to the current block, the residual sample is derived by clipping based on a clipping range,
wherein the clipping range is determined based on a bit depth (BitDepth),
wherein the clipping range has a maximum value and a minimum value derived based
on a value obtained by increasing the bit depth by 1, and
wherein the maximum value of the clipping range is equal to ( 1 < < ( BitDepth + 1 ) ) -
1.
19. (Currently Amended) A non-transitory computer-readable storage medium storing a bitstream generated by an image encoding method, the image encoding method comprising:
deriving a prediction sample for a current block based on prediction mode information; generating prediction mode information; deriving a residual sample for the current block based on the prediction sample; generating residual information based on the residual sample; and encoding image information including the residual information and the prediction mode information, wherein the image information includes adaptive color transform (ACT)-related information,
wherein whether to apply an ACT to the residual sample of the current
block is determined based on the ACT-related information,
wherein based on the ACT-related information representing that the ACTJ§_
applied, clipping is performed on the residual sample to apply the ACT, wherein the clipping is performed according to a clipping range determined based on a bit depth (BitDepth},
wherein the clipping range includes a clipping range for a luma component and a clipping range for a chroma component,
wherein the clipping range for the luma component includes a range between -( 1 << BitDepth) and ( 1 << BitDepth)- 1, and
wherein the clipping range for the chroma component includes a range between -( 1 << (BitDepth + 1)) and ( 1 << (BitDepth + 1)) - 1.
4. A transmission method of data for an image, the transmission method comprising: obtaining a bitstream for the image, wherein the bitstrearn is generated based on generating a prediction sample for a current block, generating prediction mode information
based on the prediction sample, generating adaptive color transform (ACT)-related information for the current block, deriving a residual sample by applying an ACT to the current block based on the ACT-related information and the prediction sample, generating
residual information based on the residual sample, and encoding image information including the prediction mode information, the ACT-related information and the residual information; and transmitting the data comprising the bitstream,
wherein the ACT-related information includes information on whether to apply the ACT to the current block,
wherein based on the information on whether to apply the ACT to the current block, the residual sample is derived by clipping based on a clipping range,
wherein the clipping range is determined based on a bit depth (BitDepth),
wherein the clipping range has a maximum value and a minimum value derived based on a value obtained by increasing the bit depth by 1, and
wherein the maximum value of the clipping range is equal to ( 1 < < ( BitDepth + 1 ) ) - 1.
Claims 1, 2 and 4 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1, 10 and 19 of Pat. No. US 12,088,832 B2. Although the conflicting claims are not identical, they are not patentably distinct from each other.
Claims 1, 10 and 19 of Pat. No. US 12,088,832 B2
Claims 1,2 and 4 of current application – 18/811,259 -Note* bold means difference in instant application
1.An image decoding method performed by a decoding apparatus, the method comprising: obtaining image information including residual information from a bitstream; deriving a residual sample for a current block based on the residual information; and generating a reconstructed sample based on the residual sample, wherein the image information includes adaptive color transform (ACT)-related information on whether to apply an ACT to the residual sample of the current block, wherein based on the ACT-related information of applying the ACT, clipping is performed
on the residual sample based on a clipping range to apply the ACT, [[and]]
wherein the clipping range is determined based on a bit depth (BitDepth), wherein the clipping range has a value between a maximum value and a minimum value
which are derived based on a value obtained by increasing the bit depth by 1, and wherein the maximum value of the clipping range is a value derived by ( 1 << ( BitDepth +1))-1.
1. An image decoding method performed by a decoding apparatus, the method comprising: obtaining image information including prediction mode information and adaptive color transform (ACT)-related information from a bitstream; deriving a prediction sample for a current block based on the prediction mode information; deriving a residual sample by applying an ACT for the current block based on the ACT related information; and generating a reconstructed sample for the current block based on the prediction sample
and the residual sample, wherein the ACT-related information includes information on whether to apply the ACT to the current block,
wherein based on the information on whether to apply the ACT to the current block, the residual sample is derived by clipping based on a clipping range, wherein the clipping range is determined based on a bit depth (BitDepth), wherein the clipping range has a maximum value and a minimum value derived based
on a value obtained by increasing the bit depth by 1, and wherein the maximum value of the clipping range is equal to ( 1 < < ( BitDepth + 1 ) ) -
1.
10. (Currently Amended) An image encoding method performed by an encoding apparatus, the method comprising: deriving a residual sample for a current block; generating residual information based on the residual sample; and encoding image information including the residual information,
wherein the image information includes adaptive color transform (ACT)-related
information on whether to apply an ACT to the residual sample of the current block, wherein based on the ACT-related information of applying the ACT, clipping is performed on the residual sample based on a clipping range to apply the ACT, [[and]] wherein the clipping range is determined based on a bit depth (BitDepth)., wherein the clipping range has a value between a maximum value and a minimum value which are derived based on a value obtained by increasing the bit depth by 1, and wherein the maximum value of the clipping range is a value derived by ( 1 << ( BitDepth
+1))-1.
2. An image encoding method performed by a decoding apparatus, the method comprising: obtaining image information including prediction mode information and adaptive color transform (ACT)-related information from a bitstream; deriving a prediction sample for a current block based on the prediction mode information; deriving a residual sample by applying an ACT for the current block based on the ACT related information; and generating a reconstructed sample for the current block based on the prediction sample
and the residual sample, wherein the ACT-related information includes information on whether to apply the ACT to the current block,
wherein based on the information on whether to apply the ACT to the current block, the residual sample is derived by clipping based on a clipping range,
wherein the clipping range is determined based on a bit depth (BitDepth),
wherein the clipping range has a maximum value and a minimum value derived based
on a value obtained by increasing the bit depth by 1, and
wherein the maximum value of the clipping range is equal to ( 1 < < ( BitDepth + 1 ) ) -
1.
19. (Currently Amended) A non-transitory computer-readable storage medium storing a bitstream generated by an image encoding method, the image encoding method comprising:
deriving a residual sample for a current block; generating residual information based on the residual sample; and
encoding image information including the residual information, wherein the image information includes adaptive color transform (ACT)-related information on whether to apply an ACT to the residual sample of the current block, wherein based on the ACT-related information of applying the ACT, clipping is performed
on the residual sample based on a clipping range to apply the ACT, [[and]]
wherein the clipping range is determined based on a bit depth (BitDepth).,_
wherein the clipping range has a value between a maximum value and a minimum value which are derived based on a value obtained by increasing the bit depth by 1, and wherein the maximum value of the clipping range is a value derived by ( 1 << ( BitDepth +1))-1.
4. A transmission method of data for an image, the transmission method comprising: obtaining a bitstream for the image, wherein the bitstrearn is generated based on generating a prediction sample for a current block, generating prediction mode information
based on the prediction sample, generating adaptive color transform (ACT)-related information for the current block, deriving a residual sample by applying an ACT to the current block based on the ACT-related information and the prediction sample, generating
residual information based on the residual sample, and encoding image information including the prediction mode information, the ACT-related information and the residual information; and transmitting the data comprising the bitstream,
wherein the ACT-related information includes information on whether to apply the ACT to the current block,
wherein based on the information on whether to apply the ACT to the current block, the residual sample is derived by clipping based on a clipping range,
wherein the clipping range is determined based on a bit depth (BitDepth),
wherein the clipping range has a maximum value and a minimum value derived based on a value obtained by increasing the bit depth by 1, and
wherein the maximum value of the clipping range is equal to ( 1 < < ( BitDepth + 1 ) ) - 1.
Citation of Pertinent Prior Art
The prior art are made of record and not relied upon but considered pertinent to applicant’s disclosure:
1. Zhang et al., US 2015/0264405 A1, discloses video coding using color-space conversion.
2. XU et. al., US 2022/0159301 A1, discloses video coding and decoding technologies.
3. XIU et al., WO 2016/040865, discloses Upon a determination that ACT is enabled for a TU, the decoder may identify a color space for decoding the residuals of the TU.
4. GALPIN et al., WO 2018/050601 A1, disclose a method and an apparatus for video encoding and decoding, and more particularly, to a method and an apparatus for video encoding and decoding with adaptive clipping.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MD NAZMUL HAQUE whose telephone number is (571)272-5328. The examiner can normally be reached IFW.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Czekaj can be reached at 5712727327. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MD N HAQUE/Primary Examiner, Art Unit 2487