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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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 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 –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 5 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Park et al., (U.S. Pub. No. 2015/0098511 A1).
A bitstream generated by a method, the method comprising… is a product by process claim limitation where the product is he bitstream and the process is the method steps to generate the bitstream. MPEP §2113 recites “Product-by-Product process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps”. Thus, the scope of claim 5 is the storage medium storing the bitstream (with the structure implied by the method steps). The structure includes the information and samples manipulated by the steps. “To be given patentable weight, the printed matter and associated product must be in a functional relationship. A functional relationship can be found where the printed matter performs some function with respect to the product to which it is associated”. MPEP §2111.05(I)(A). When a claimed “computer-readable medium merely serves as a support for information or data, no functional relationship exists. MPEP §2111.05(III). The storage medium storing the claimed bitstream in claim 18 merely services as a support for the storage of the bitstream and provides no fictional relationship between the stored bitstream and storage medium. Therefore the bitstream, 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 Park et al., (U.S. Pub. No. 2015/0098511 A1) which recites a storage medium storing a bitstream (para. [0152], “.. A bitstream generated according to the encoding method can be stored in a computer readable medium…”).
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.
Claims 1-6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 of U.S. Patent No. 12,132,915 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations in the instant application are covered by the scope of the limitations recited in U.S. Patent No. 12,132,915 B2 with obvious wording variations as shown in the rejection below for at least claim 1.
Instant Application No. 18/826,671
U.S. Patent No. 12,132,915 B2
1. An image decoding method performed by a decoding apparatus, the method comprising: obtaining image information comprising information related to motion compensation from a bitstream; deriving motion information candidates based on neighboring blocks of a current block; deriving motion information of the current block based on at least one of the motion information candidates; generating predicted blocks of the current block based on the motion information of the current block; and generating a predicted block of the current block based on weight information for bi-prediction and the predicted blocks, wherein the information related to the motion compensation includes the weight information for the bi-prediction, wherein the weight information for the bi-prediction is signaled in a unit of coding unit, wherein the weight information for the bi-prediction indicates one of weight values including a negative weight value, and wherein the weight information for the bi-prediction is based on a truncated rice binarization.
1. mage information comprising information related to motion compensation from a bitstream; determining a prediction mode for a current block; deriving motion information candidates based on neighboring blocks of the current block; deriving motion information of the current block based on at least one of the motion information candidates; generating predicted blocks of the current block based on the motion information of the current block; and generating a predicted block of the current block based on weight information for bi- prediction and the predicted blocks, wherein the information related to the motion compensation include the weight information for the bi-prediction, wherein the weight information for the bi-prediction is signaled in a unit of a coding unit, wherein the weight information for the bi-prediction indicates one of weight values including a negative weight value, and wherein the weight information for the bi-prediction is based on a truncated unary binarization.
Claim 2 of the instant application corresponds to claim 2 of U.S. Patent No. 12,132,915 B2.
Claim 3 of the instant application corresponds to claim 3 of U.S. Patent No. 12,132,915 B2.
Claim 4 of the instant application corresponds to claim 4 of U.S. Patent No. 12,132,915 B2.
Claim 5 of the instant application corresponds to claim 5 of U.S. Patent No. 12,132,915 B2.
Claim 6 of the instant application corresponds to claim 6 of U.S. Patent No. 12,132,915 B2.
Claims 1-4 and 6 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, and 6 of copending Application No. 18/826,760 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations in the instant application are covered by the scope of the limitations recited in Co-Pending Application No. 18/826,760. See below for claim analysis for at least claim 1.
Instant Application No. 18/826671
Co-Pending Application No. 18/826,760
1. An image decoding method performed by a decoding apparatus, the method comprising: obtaining image information comprising information related to motion compensation from a bitstream; deriving motion information candidates based on neighboring blocks of a current block; deriving motion information of the current block based on at least one of the motion information candidates; generating predicted blocks of the current block based on the motion information of the current block; and generating a predicted block of the current block based on weight information for bi-prediction and the predicted blocks, wherein the information related to the motion compensation includes the weight information for the bi-prediction, wherein the weight information for the bi-prediction is signaled in a unit of coding unit, wherein the weight information for the bi-prediction indicates one of weight values including a negative weight value, and wherein the weight information for the bi-prediction is based on a truncated rice binarization.
1. An image decoding method performed by a decoding apparatus, the method comprising: obtaining image information comprising information related to motion compensation from a bitstream; deriving motion information candidates based on neighboring blocks of a current block; deriving motion information of the current block based on at least one of the motion information candidates; generating predicted blocks of the current block based on the motion information of the current block; and generating a predicted block of the current block based on weight information for bi- prediction and the predicted blocks, wherein the information related to the motion compensation includes inter prediction indication information indicating that the bi-prediction is applied to the current block, wherein the information related to the motion compensation includes the weight information for the bi-prediction, wherein the weight information for the bi-prediction is signaled in a unit of coding unit, wherein the weight information for the bi-prediction indicates one of weight values including a negative weight value, and wherein the weight information for the bi-prediction is based on a truncated unary binarization.
Claim 2 of the instant application corresponds to claim 2 of U.S. Pub. No. 18/826760.
Claim 3 of the instant application corresponds to claim 3 of U.S. Pub. No. 18/826760.
Claim 4 of the instant application corresponds to claim 4 of U.S. Pub. No. 18/826760.
Claim 6 of the instant application corresponds to claim 6 of U.S. Pub. No. 18/826760.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim 1-4 and 6 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 and 6 of copending Application No. 18/829,908(reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations in the instant application are covered by the scope of the limitations recited in Co-Pending Application No. 18/829,908. See below for claim analysis for at least claim 1.
Instant Application No. 18/826,671
Co-Pending Application No. 18/829,908
1. An image decoding method performed by a decoding apparatus, the method comprising: obtaining image information comprising information related to motion compensation from a bitstream; deriving motion information candidates based on neighboring blocks of a current block; deriving motion information of the current block based on at least one of the motion information candidates; generating predicted blocks of the current block based on the motion information of the current block; and generating a predicted block of the current block based on weight information for bi-prediction and the predicted blocks, wherein the information related to the motion compensation includes the weight information for the bi-prediction, wherein the weight information for the bi-prediction is signaled in a unit of coding unit, wherein the weight information for the bi-prediction indicates one of weight values including a negative weight value, and wherein the weight information for the bi-prediction is based on a truncated rice binarization.
1. An image decoding method performed by a decoding apparatus, the method comprising: obtaining image information comprising information related to motion compensation from a bitstream, wherein the information related to motion compensation includes inter prediction indication information; determining that bi-prediction is applied to a current block based on the inter prediction indication information; deriving motion information candidates based on neighboring blocks of the current block; deriving motion information of the current block based on at least one of the motion information candidates; generating predicted blocks of the current block based on the motion information of the current block; and generating a predicted block of the current block based on weight information for the bi- prediction and the predicted blocks, wherein the inter prediction indication information indicates that the bi-prediction is applied to the current block, wherein the motion information candidates include spatial candidates derived based on spatial neighboring blocks of the current block, wherein the information related to the motion compensation includes the weight information for the bi-prediction, wherein the weight information for the bi-prediction is signaled in a unit of coding unit, wherein the weight information for the bi-prediction indicates one of weight values including a negative weight value, wherein the weight information for the bi-prediction is based on a truncated unary binarization, and model.
Claim 2 of the instant application corresponds to claim 2 of U.S. Pub. No. 18/826,908.
Claim 3 of the instant application corresponds to claim 3 of U.S. Pub. No. 18/826,908.
Claim 4 of the instant application corresponds to claim 4 of U.S. Pub. No. 18/826,908.
Claim 6 of the instant application corresponds to claim 6 of U.S. Pub. No. 18/826,908.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim 1-4, and 6 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 and 6 of copending Application No. 18/826,602 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations in the instant application are covered by the scope of the limitations recited in Co-Pending Application No. 18/826,602. See below for claim analysis for at least claim 1.
Instant Application No. 18/826,671
Co-Pending Application No. 18/826,602
1. An image decoding method performed by a decoding apparatus, the method comprising: obtaining image information comprising information related to motion compensation from a bitstream; deriving motion information candidates based on neighboring blocks of a current block; deriving motion information of the current block based on at least one of the motion information candidates; generating predicted blocks of the current block based on the motion information of the current block; and generating a predicted block of the current block based on weight information for bi-prediction and the predicted blocks, wherein the information related to the motion compensation includes the weight information for the bi-prediction, wherein the weight information for the bi-prediction is signaled in a unit of coding unit, wherein the weight information for the bi-prediction indicates one of weight values including a negative weight value, and wherein the weight information for the bi-prediction is based on a truncated rice binarization.
1. An image decoding method performed by a decoding apparatus, the method comprising: obtaining image information comprising information related to motion compensation from a bitstream; deriving motion information candidates based on neighboring blocks of a current block; deriving motion information of the current block based on at least one of the motion information candidates; generating predicted blocks of the current block based on the motion information of the current block; and generating a predicted block of the current block based on weight information for bi- prediction and the predicted blocks, wherein the information related to the motion compensation includes the weight information for the bi-prediction, wherein the weight information for the bi-prediction is signaled in a unit of coding unit, wherein the weight information for the bi-prediction indicates one of weight values including a negative weight value, wherein the weight information for the bi-prediction is based on a truncated unary binarization, and wherein the weight information for the bi-prediction is decoded based on a context model.
Claim 2 of the instant application corresponds to claim 2 of U.S. Pub. No. 18/826,602.
Claim 3 of the instant application corresponds to claim 3 of U.S. Pub. No. 18/826,602.
Claim 4 of the instant application corresponds to claim 4 of U.S. Pub. No. 18/826,602.
Claim 6 of the instant application corresponds to claim 6 of U.S. Pub. No. 18/826,602.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Chen et al., (U.S. Patent No. 12335460-B2), “System and Methods for Generalized Multi-Hypothesis Prediction for Video Coding”
Alshin et al., (U.S. Pub. No. 2018/0295385 A1), “Method and Apparatus for Encoding or Decoding Image Using Syntax Signaling for Adaptive Weight Prediction”
Lee et al., (U.S. Pub. No. 20190158835-A1), “Video Signal Processing Method and Apparatus”
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA PRINCE whose telephone number is (571)270-1821. The examiner can normally be reached M-F 7:30-3:30 P.M..
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JESSICA PRINCE
Examiner
Art Unit 2486
/JESSICA M PRINCE/ Primary Examiner, Art Unit 2486