DETAILED ACTION
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.
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Claims 64-95 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 11,792,450. Although the claims at issue are not identical, they are not patentably distinct from each other, as U.S. Patent No. 11,792,450 is drawn tot eh corresponding demultiplexer complementary to the stream multiplexer of the outstanding application.
Application No. 18/824,986 Claim 64
U.S. Patent No. 11,792,450 Claim 1
A stream multiplexer, comprising:
A stream demultiplexer, comprising:
a reception interface for receiving encoded data for each of at least two different spatial segments or different groups of subsequent spatial segments of a video picture of a video stream encoded thereinto; and
a data stream former configured to selectively extract at least two separate substreams from a group of separate substreams, the at least two separate substreams comprising encoded data coding different spatial segments or different groups of subsequent spatial segments of a video picture of a video stream,
a data stream former configured to packetize the encoded data for each of the at least two different spatial segments or different groups of subsequent spatial segments into separate elementary streams, and to provide the separate elementary streams at an output,
wherein the data stream former is configured to combine the at least two separate substreams to a data stream comprising the encoded data coding the different spatial segments or different groups of subsequent spatial segments of the video picture of the video stream
wherein the at least two different spatial segments or different groups of subsequent spatial segments of the video picture of the video stream are encoded such that the encoded data comprises, for each video picture, at least one slice;
wherein the different spatial segments or different groups of subsequent spatial segments of the video picture of the video stream are encoded such that the encoded data comprises, for each spatial segment or group of spatial segments, at least one slice,
wherein the data stream former is configured to packetize the slice or slices for each spatial segment or group of spatial segments into one separate elementary stream;
wherein the slice or slices for each spatial segment or group of spatial segments are packetized into one separate substream,
wherein the data stream former is configured to, for the slices of at least one of the spatial segments or groups of subsequent spatial segments, packetize the slices of the at least one of the spatial segments or groups of subsequent spatial segments into the separate elementary stream; and
wherein the slices of at least one of the spatial segments or groups of subsequent spatial segments are packetized into the separate substream,
provide a further separate stream comprising suitable slice headers, which are, relative to the slices of the at least one of the spatial segments or groups of subsequent spatial segments, modified with respect to its picture position or picture size.
wherein a further separate substream comprises suitable slice headers which are, relative to the slices of the at least one of the spatial segments or groups of subsequent spatial segments, modified with respect to its picture position or picture size
Claims 65-95 are similarly unpatentable as being drawn to the same invention as disclosed in claims 2-15 of U.S. Patent No. 11,792,450.
Claims 64-95 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-37 of U.S. Patent No. 12,088,863. Although the claims at issue are not identical, they are not patentably distinct from each other because the outstanding application uses the term “elementary stream”, whereas U.S. Patent No. 12,088,863 uses the term “substream”.
Application No. 18/824,986 Claim 64
U.S. Patent No. 12,088,863 Claim 1
A stream multiplexer, comprising:
A stream multiplexer, comprising:
a reception interface for receiving encoded data for each of at least two different spatial segments or different groups of subsequent spatial segments of a video picture of a video stream encoded thereinto; and
a reception interface for receiving encoded data for each of at least two different spatial segments or different groups of subsequent spatial segments of a video picture of a video stream encoded thereinto;
a data stream former configured to packetize the encoded data for each of the at least two different spatial segments or different groups of subsequent spatial segments into separate elementary streams, and to provide the separate elementary streams at an output,
and a data stream former configured to packetize the encoded data for each of the at least two different spatial segments or different groups of subsequent spatial segments into separate substreams, and to provide the separate substreams at an output,
wherein the at least two different spatial segments or different groups of subsequent spatial segments of the video picture of the video stream are encoded such that the encoded data comprises, for each video picture, at least one slice;
wherein the at least two different spatial segments or different groups of subsequent spatial segments of the video picture of the video stream are encoded such that the encoded data comprises, for each video picture, at least one slice;
wherein the data stream former is configured to packetize the slice or slices for each spatial segment or group of spatial segments into one separate elementary stream;
wherein the data stream former is configured to packetize the slice or slices for each spatial segment or group of spatial segments into one separate substream;
wherein the data stream former is configured to, for the slices of at least one of the spatial segments or groups of subsequent spatial segments, packetize the slices of the at least one of the spatial segments or groups of subsequent spatial segments into the separate elementary stream; and
wherein the data stream former is configured to, for the slices of at least one of the spatial segments or groups of subsequent spatial segments, packetize the slices of the at least one of the spatial segments or groups of subsequent spatial segments into the separate substream; and
provide a further separate stream comprising suitable slice headers, which are, relative to the slices of the at least one of the spatial segments or groups of subsequent spatial segments, modified with respect to its picture position or picture size.
provide a further separate stream comprising suitable slice headers, which are, relative to the slices of the at least one of the spatial segments or groups of subsequent spatial segments, modified with respect to its picture position or picture size.
Claims 65-95 are similarly unpatentable as being drawn to the same invention as disclosed in claims 2-37 of U.S. Patent No. 12,088,863.
Allowable Subject Matter
Claims 64-95 are allowable over the prior art. Applicant’s invention is drawn to a method of multiplexing and demultiplexing video data which comprises generating a second stream comprising modified header data for slices of spatial segments found in a first stream for modifying relative picture position or size. While the prior art does teach numerous instances of multi-threaded encoding (see for example Suehring et al. 2015/0304667), the prior art does not appear to teach or suggest applicant’s invention of modifying header data for placement in a second stream as claimed at the time of effective filing.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOMINIC D SALTARELLI whose telephone number is (571)272-7302. The examiner can normally be reached 9:00 am - 5:00 pm EST.
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/DOMINIC D SALTARELLI/Primary Examiner, Art Unit 2421