Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 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.
The term “predictably determined” in claim 3 is a relative term which renders the claim indefinite. The term “predictably determined” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The term predictably determined renders indefinite the prediction information and the short term reference picture set.
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 1-3 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims of copending Application No. 18/890,187 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims recite corresponding method and apparatus claims.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
18/890,187 - Instant Claim 1
18/890,283 - Claim 1
A video decoding method comprising:
An apparatus of decoding a video, the apparatus comprising:
at least one processor configured to:
obtaining, from a bitstream, information regarding the number of short term reference picture sets included in a part of the bitstream about a sequence parameter set;
obtain, from a bitstream, information regarding the number of short term reference picture sets included in a part of the bitstream about a sequence parameter set;
determining whether a current index of a short term reference picture set of a current picture is equal to the number of short term reference picture sets included in the part of the bitstream about the sequence parameter set;
determine whether a current index of a short term reference picture set of a current picture is equal to the number of short term reference picture sets included in the part of the bitstream about the sequence parameter set;
when the current index of the short term reference picture set of the current picture is equal to the number of short term reference picture sets, obtaining, from the bitstream, delta index information about a difference between the current index of the short term reference picture set of the current picture and an index of a reference short term reference picture set, information about a sign of a delta RPS and information about an absolute value of the delta RPS;
when the current index of the short term reference picture set of the current picture is equal to the number of short term reference picture sets, obtain, from the bitstream, delta index information about a difference between the current index of the short term reference picture set of the current picture and an index of a reference short term reference picture set, information about a sign of a delta RPS and information about an absolute value of the delta RPS;
determining the index of the reference short term reference picture set which indicates the reference short term reference picture set based on the delta index information and the current index of the short term reference picture set,
determine the index of the reference short term reference picture set which indicates the reference short term reference picture set based on the delta index information and the current index of the short term reference picture set,
wherein the index of the reference short term reference picture set is smaller than the current index of the short term reference picture set;
wherein the index of the reference short term reference picture set is smaller than the current index of the short term reference picture set;
determining the delta RPS based on the information about the sign of the delta RPS and the information about the absolute value of the delta RPS;
determine the delta RPS based on the information about the sign of the delta RPS and the information about the absolute value of the delta RPS;
determining delta picture order count (POC) values between picture order count (POC) values of reference pictures included in the short term reference picture set of the current picture and picture order count (POC) value of the current picture by adding each delta POC value between picture order count (POC) value of reference picture in the reference short term reference picture set and the picture order count(POC) value of the current picture to the delta RPS;
determine delta picture order count (POC) values between picture order count (POC) values of reference pictures included in the short term reference picture set of the current picture and picture order count (POC) value of the current picture by adding each delta POC value between picture order count (POC) value of reference picture in the reference short term reference picture set and the picture order count(POC) value of the current picture to the delta RPS;
determining POC values of the reference pictures included in the short term reference picture set of the current picture based on the picture order count (POC) value of the current picture and the delta picture order count (POC) values between the picture order count (POC) values of the reference pictures included in the short term reference picture set of the current picture and the picture order count (POC) value of the current picture; and
determine POC values of the reference pictures included in the short term reference picture set of the current picture based on the picture order count (POC) value of the current picture and the delta picture order count (POC) values between the picture order count (POC) values of the reference pictures included in the short term reference picture set of the current picture and the picture order count (POC) value of the current picture; and
predictive decoding the current picture by using a reference picture included in one of reference picture sets including the short term reference picture set of the current picture,
wherein the current index of the short term reference picture set of the current picture being equal to the number of short term reference picture sets indicates the short term reference picture set regarding the current index is not defined in the sequence parameter set and is defined in a slice header.
predictive decoding the current picture by using a reference picture included in one of reference picture sets including the short term reference picture set of the current picture,
wherein the current index of the short term reference picture set of the current picture being equal to the number of short term reference picture sets indicates the short term reference picture set regarding the current index is not defined in the sequence parameter set and is defined in a slice header.
Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 3 of U.S. Patent No. 12,137,226. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 3 of the ‘226 patent is directed to a bitstream storing information that, if executed, would perform steps corresponding substantially to the video decoding method of claim 1 in the instant claims.
Claim 3 of the ‘226 patent is directed to non-functional descriptive matter (See prior art rejection), and as such does not include the step of explicitly “determining whether a current index of a short term reference picture set of a current picture is equal to the number of short term reference picture sets included in the part of the bitstream about the sequence parameter set;” found in the instant claim 1, however it contains the follow-on to this step “when the current index of the short term reference picture set of the current picture is equal to the number of the short term reference picture sets in the part of the bitstream about the sequence parameter set;” Examiner indicated certain corresponding claim elements that are located in different portions of the respective claims by underlining, italics, or bold font.
18/890,283 - Instant Claim 1
US 12,137,226 – Claim 3
An apparatus of decoding a video, the apparatus comprising: at least one processor configured to:
A non-transitory computer-readable medium storing a bitstream comprising:
obtaining, from a bitstream, information regarding the number of short term reference picture sets included in a part of the bitstream about a sequence parameter set;
information regarding a number of short term reference picture sets included in a part of the bitstream about a sequence parameter set,
determining whether a current index of a short term reference picture set of a current picture is equal to the number of short term reference picture sets included in the part of the bitstream about the sequence parameter set;
when the current index of the short term reference picture set of the current picture is equal to the number of short term reference picture sets, obtaining, from the bitstream, delta index information about a difference between the current index of the short term reference picture set of the current picture and an index of a reference short term reference picture set, information about a sign of a delta RPS and information about an absolute value of the delta RPS;
when the current index of the short term reference picture set of the current picture is equal to the number of the short term reference picture sets in the part of the bitstream about the sequence parameter set;
delta index information about a difference between the current index of the short term reference picture set of the current picture and an index of a reference short term reference picture set, information about a sign of a delta RPS and information about an absolute value of the delta RPS;
determining the index of the reference short term reference picture set which indicates the reference short term reference picture set based on the delta index information and the current index of the short term reference picture set,
wherein the delta index information, the information about the sign of the delta RPS and the information about the absolute value of the delta RPS are generated and are included in the bitstream to determine the index of the reference short term reference picture set
wherein the index of the reference short term reference picture set is smaller than the current index of the short term reference picture set;
determining the delta RPS based on the information about the sign of the delta RPS and the information about the absolute value of the delta RPS;
determining delta picture order count (POC) values between picture order count (POC) values of reference pictures included in the short term reference picture set of the current picture and picture order count (POC) value of the current picture by adding each delta POC value between picture order count (POC) value of reference picture in the reference short term reference picture set and the picture order count(POC) value of the current picture to the delta RPS;
wherein the delta index information, the information about the sign of the delta RPS and
the information about the absolute value of the delta RPS are generated and are included in the bitstream to determine the index of the reference short term reference picture set, determine the delta RPS, and determine delta picture order count (POC) values between POC values of reference pictures included in a short term reference picture set of the current picture and a POC value of the current picture by adding each delta POC value between the POC value of reference picture in the reference short term reference picture set and the POC value of the current picture to the delta RPS,
determining POC values of the reference pictures included in the short term reference picture set of the current picture based on the picture order count (POC) value of the current picture and the delta picture order count (POC) values between the picture order count (POC) values of the reference pictures included in the short term reference picture set of the current picture and the picture order count (POC) value of the current picture; and
and determine the POC values of the reference pictures included in the current short term reference picture set of the current picture based on the POC value of the current picture and the delta POC values between the POC values of the reference pictures included in the current short term reference picture set of the current picture and the POC value of the current picture
predictive decoding the current picture by using a reference picture included in one of reference picture sets including the short term reference picture set of the current picture,
wherein the current index of the short term reference picture set of the current picture being equal to the number of short term reference picture sets indicates the short term reference picture set regarding the current index is not defined in the sequence parameter set and is defined in a slice header.
wherein the current index of the short term reference picture set of the current picture being equal to the number of short term reference picture sets indicates the short term reference picture set regarding the current index is not defined in the sequence parameter set and is defined in a slice header; and
wherein the index of the reference short term reference picture set is smaller than the current index of the short term reference picture set;
18/890,283 - Instant Claim 2
US 12,137,226 – Claim 3
An apparatus of encoding a video, the apparatus comprising: at least one processor configured to:
A non-transitory computer-readable medium storing a bitstream comprising:
information regarding a number of short term reference picture sets included in a part of the bitstream about a sequence parameter set; and
information regarding a number of short term reference picture sets included in a part of the bitstream about a sequence parameter set,
generating delta index information about a difference between a current index of a short term reference picture set of the current picture and an index of a reference short term reference picture set,
wherein the index of the reference short term reference picture set is smaller than the current index of the short term reference picture set, and
delta index information about a difference between a current index of a short term reference picture set of a current picture and an index of a reference short term reference picture set of the current picture, information about a sign of a delta RPS and information about an absolute value of the delta RPS,
generating information about a sign of a delta RPS and information about an absolute value of the delta RPS,
wherein the delta index information, the information about the sign of the delta RPS and the information about the absolute value of the delta RPS are generated and are included in the bitstream to determine the index of the reference short term reference picture set, determine the delta RPS, and determine delta picture order count (POC) values between POC values of reference pictures included in the short term reference picture set of the current picture and POC value of the current picture by adding each delta POC value between POC value of reference picture in the reference short term reference picture set and the POC value of the current picture to the delta RPS, and determine POC values of the reference pictures included in the short term reference picture set of the current picture based on the POC value of the current picture and the delta POC values between the POC values of the reference pictures included in the short term reference picture set of the current picture and the POC value of the current picture, when the current index of the short term reference picture set of the current picture is equal to the number of short term reference picture sets in the part of the bitstream about the sequence parameter set; and
wherein the delta index information, the information about the sign of the delta RPS and the information about the absolute value of the delta RPS are generated and are included in the bitstream to determine the index of the reference short term reference picture set, determine the delta RPS, and determine delta picture order count (POC) values between POC values of reference pictures included in the short term reference picture set of the current picture and a POC value of the current picture by adding each delta POC value between the POC value of reference picture in the reference short term reference picture set and the POC value of the current picture to the delta RPS, and determine the POC values of the reference pictures included in the current short term reference picture set of the current picture based on the POC value of the current picture and the delta POC values between the POC values of the reference pictures included in the current short term reference picture set of the current picture and the POC value of the current picture, when the current index of the short term reference picture set of the current picture is equal to the number of the short term reference picture sets in the part of the bitstream about the sequence parameter set;
generating the bitstream including the information regarding the number of short term reference picture sets in the part of the bitstream about the sequence parameter set, the delta index information, the information about the sign of the delta RPS and the information about the absolute value of the delta RPS,
wherein the current index of the short term reference picture set of the current picture being equal to the number of short term reference picture sets indicates the short term reference picture set regarding the current index is not defined in the sequence parameter set and is defined in a slice header.
wherein the current index of the short term reference picture set of the current picture being equal to the number of short term reference picture sets indicates the short term reference picture set regarding the current index is not defined in the sequence parameter set and is defined in a slice header; and
wherein the index of the reference short term reference picture set is smaller than the current index of the short term reference picture set.
18/890,283 - Instant Claim 3
US 12,137,226 – Claim 3
A non-transitory computer-readable storage medium storing a bitstream comprising:
A non-transitory computer-readable storage medium storing a bitstream comprising:
information regarding a number of short term reference picture sets included in a part of the bitstream about a sequence parameter set,
information regarding a number of short term reference picture sets included in a part of the bitstream about a sequence parameter set,
prediction information indicating whether a short term reference picture set of a current picture is predictably determined; and
delta index information about a difference between a current index of the short term reference picture set of the current picture and an index of a reference short term reference picture set, information about a sign of a delta RPS and information about an absolute value of the delta RPS,
delta index information about a difference between a current index of a short term reference picture set of a current picture and an index of a reference short term reference picture set, information about a sign of a delta RPS and information about an absolute value of the delta RPS,
wherein the delta index information, the information about the sign of the delta RPS and the information about the absolute value of the delta RPS are generated and are included in the bitstream to determine the index of the reference short term reference picture set, determine the delta RPS, and determine delta picture order count (POC) values between POC values of reference pictures included in the short term reference picture set of the current picture and POC value of the current picture by adding each delta POC value between POC value of reference picture in the reference short term reference picture set and the POC value of the current picture to the delta RPS, and determine POC values of the reference pictures included in the short term reference picture set of the current picture based on the POC value of the current picture and the delta POC values between the POC values of the reference pictures included in the short term reference picture set of the current picture and the POC value of the current picture, when the current index of the short term reference picture set of the current picture is equal to the number of short term reference picture sets in the part of the bitstream about the sequence parameter set; and
wherein the delta index information, the information about the sign of the delta RPS and the information about the absolute value of the delta RPS are generated and are included in the bitstream to determine the index of the reference short term reference picture set, determine the delta RPS, and determine delta picture order count (POC) values between POC values of reference pictures included in the short term reference picture set of the current picture and a POC value of the current picture by adding each delta POC value between the POC value of reference picture in the reference short term reference picture set and the POC value of the current picture to the delta RPS, and determine the POC values of the reference pictures included in the current short term reference picture set of the current picture based on the POC value of the current picture and the delta POC values between the POC values of the reference pictures included in the current short term reference picture set of the current picture and the POC value of the current picture, when the current index of the short term reference picture set of the current picture is equal to the number of the short term reference picture sets in the part of the bitstream about the sequence parameter set;
wherein the current index of the short term reference picture set of the current picture being equal to the number of short term reference picture sets indicates the short term reference picture set regarding the current index is not defined in the sequence parameter set and is defined in a slice header.
wherein the current index of the short term reference picture set of the current picture being equal to the number of short term reference picture sets indicates the short term reference picture set regarding the current index is not defined in the sequence parameter set and is defined in a slice header; and
wherein the index of the reference short term reference picture set is smaller than the current index of the short term reference picture set.
wherein the index of the reference short term reference picture set is smaller than the current index of the short term reference picture set.
Claim Rejections - 35 USC § 102
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.
Claim 3 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhao, US 2013/0188881 A1.
Claim 3 is directed to a non-transitory computer-readable storage medium storing a
bitstream comprising:…
The further limitations of claim 3 recite non-functional descriptive matter that is part of this bitstream. Therefore, this claim reads on any disclosure of “a non-transitory computer-readable storage medium storing a bitstream.”
Zhao discloses in [0072], “The encoder 104 may encode the input picture 106 to produce encoded data. For example, the encoder 104 may encode a series of input pictures 106 (e.g., video). In one configuration, the encoder 104 may be a HEVC encoder. The encoded data may be digital data (e.g., a bitstream).”
Zhao discloses in [0201]:
“the term "computer-readable medium" refers to any available medium that can be accessed by a computer or a processor. The term "computer-readable medium," as used herein, may denote a computer- and/or processor-readable medium that is non-transitory and tangible.
See MPEP 2111.05(III)
Allowable Subject Matter
Claims 1 and 2 are allowable over the prior art.
The following is an examiner’s statement of reasons for allowance:
The closest prior art of record, Zhao US 2013/0188881 A1, and He, US 2013/0208792 A1 at best suggests signaling a “num_ref_pic_sets” in a picture parameter set (Zhao [0046), and signaling “num_short_term_ref_pic_sets”, which is a syntax indicating a number of short-term reference picture sets (RPS), (He Table 31, page 11, which lists the syntax within a Sequence Parameter Set.) See Office Action for 14/394,820, mailed on 1/30/2018.
Together these references suggest indicating the number of reference picture sets via syntax included in the SPS, as disclosed in He, because the mpeg-4 and HEVC parameter sets allow flexible signaling of the video bitstream with different control levels, and it discussed in He, [0130], lines 7-9 that it would be desirable to signal a parameter such as the number reference picture sets at for example the higher sequence parameter level, as opposed to the picture parameter level, because doing so allows a tradeoff between flexibility (i.e. signaling at a lower level, such as PPS or even slice level) vs. efficiency, (i.e. signaling at SPS or VPS) of decision making, for factors such as specifying a reference picture set, a DPB size, etc. In general, the parameter sets allows flexible signaling of pictures, sequences, access units, thereby reducing transmission overhead and increasing coding efficiency where possible, and increasing error resilience where needed.
However, neither Zhao nor He teaches or suggests determining a delta index information about a difference between the index of the current reference picture set of the current picture and an index of a reference RPS of the current picture. In other words, Zhao discloses a delta POC value between a current a picture and a POC of a reference picture, but does not disclose determining a delta index between two different reference picture sets, thereby allowing cross-referencing of reference pictures defined in RPS for pictures other than a current picture, without those pictures’ needing to have RPS index value directly defined in the RPS of a current picture with respect to that current picture’s POC value.
Additionally, the prior art does not disclose or suggest: “wherein a value about the index of the reference reference picture set is smaller than a value about the index of the current reference picture set.”, as in claim 3.
Further, the prior art does not disclose or suggest: “wherein the current index of the short term reference picture set of the current reference picture being equal to the number of short term reference picture sets indicates the short term reference picture set regarding the current index is not defined in the sequence parameter set and is defined in a slice header”
A further search was conducted which failed to yield prior art.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE M LOTFI whose telephone number is (571)272-8762. The examiner can normally be reached 9:00-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Pendleton can be reached at 571-272-7527. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KYLE M LOTFI/Examiner, Art Unit 2425