DETAILED ACTION
Response to Arguments
Applicant’s arguments, see application, filed 06/10/2026, with respect to the 112 rejections have been fully considered and are persuasive. The 112 rejections have been withdrawn.
Applicant vaguely argues that the amended claims overcome the non-statutory double patenting rejection. The examiner respectfully disagrees. The reference applications are still coextensive in scope. It is unclear why the applicant is continuing to vaguely argue the non-statutory double patenting rejection when the co-pending applications have been amended in a similar way.
Applicant's arguments filed 06/10/2026 have been fully considered but they are not persuasive. Applicant has amended the claim limitations to overcome the 112 rejections but have removed the allowable subject matter from the independent claims. Therefore, the prior art previously cited still applies. Lim discloses the limitations “wherein for a block size which is equal to or smaller than 8x8, only quantization matrices of three sizes are encoded as the second quantization matrices” and “the sizes correspond to 2x2, 4x4, and 8x8” (Lim, para. 0015 &/or 0309, 0619 and 1063-1064). Additionally, even if the interview amendments were properly presented then Lim additionally discloses a block size having a square shape (Lim, para. 0303) and quantization matrices of any other sizes are not encoded as the second quantization matrices (Lim, para. 0015 &/or 0309, 0303, 0619 and 1063-1064). Furthermore, Tanaka discloses encoding the quantization matrices of smallest to largest (Tanaka, para. 0182 and Fig. 13).
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/10/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-3, 5, 7-9, 11 and 13-15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
It appears that applicant’s amendments are slightly different than the amendments discussed during the interview dated 06/22/2026. The limitation in part “wherein for a block size having….a square shape” (i.e. from the limitations discussed during the interview) is missing in the claim amendments dated 06/10/2026.
Applicant’s published spec para. [0072] states in part “The quantization matrices that are generated are, however, not limited thereto, and quantization matrices corresponding to the shape of the subblocks such as 4x8 and 8x4 may be generated”. Therefore, it is unclear where there is support for “wherein for a block size which is equal to or smaller than 8x8, only quantization matrices of three sizes are encoded as the second quantization matrices (i.e. 2x2, 4x4 and 8x8). The specification provides support for non-square quantization matrices when the block size is equal to or smaller than 8x8.
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 1-15 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of copending Application No. 18/910,615 in view of Lim et al. (herein after will be referred to as Lim ‘396) (US 20150334396).
This is a provisional nonstatutory double patenting rejection.
Co-Pending App. ‘615 claims the majority of the claim limitations except for
wherein in a case where a size of the first quantization matrix to be encoded is 4x4, the size of the second quantization matrix is 4x4.
However, Lim ‘396 does disclose
wherein in a case where a size of the first quantization matrix to be encoded is 4x4, the size of the second quantization matrix is 4x4. [See Lim ‘396 [0019] Quantization matrix having the same size as a quantization matrix when coding/decoding is being performed. Also, see 0191, quantization matrix size of 4x4.]
It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the claimed apparatus by Co-Pending App ‘615 to add the teachings of Lim ‘396, in order to improve upon coding efficiency [See Lim ‘396 [0005]].
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Lim et al. (herein after will be referred to as Lim) (US 20220321885) in view of Lim et al. (herein after will be referred to as Lim ‘396) (US 20150334396) and in further view of Tanaka (US 20150063447).
Regarding claim 1, Lim discloses an image encoding apparatus comprising:
a quantization unit configured to quantize transform coefficients in a block in an image, using a first quantization matrix; and [See Lim [0024] Quantizing transform coefficients of a current block of a current picture based on the quantization matrix set. Also, see Fig. 1, quantization unit (140).]
an encoding unit configured to encode the first quantization matrix, [See Lim [Fig. 1] Entropy encoding unit (150).]
wherein in a case where a first mode is used to encode the first quantization matrix, the encoding unit encodes, into a scaling list data syntax structure, (i) information indicating that the first quantization matrix is the same as a second quantization matrix to be referenced and (ii) information for specifying the second quantization matrix, [See Lim [1045] Quantization matrix copy mode. Also, see 1047. Also, see 1069-1073, syntax elements for flags are Golomb coded. Also, see 0472-0475, scaling_list_pred_mode flag.]
wherein in a case where a second mode is used to encode the first quantization matrix, the encoding unit encodes, into the scaling list data syntax structure, the information for specifying the second quantization matrix, and encodes information used to derive a first one-dimensional matrix comprising of a plurality of elements comprising: (a) a first element which is a 1st element in a predetermined scan order and which is an element of a difference value between an element at a 1st row and a 1st column of the first quantization matrix and an element at a 1st row and a 1st column of the second quantization matrix; (b) a second element which is a 2nd element in the predetermined scan order and which is an element of a difference value between an element at a 2nd row and a 1st column of the first quantization matrix and an element at a 2nd row and a 1st column of the second quantization matrix; (c) a third element which is a 3rd element in the predetermined scan order and which is an element of a difference value between an element at a 1st row and a 2nd column of the first quantization matrix and an element at a 1st row and a 2nd column of the second quantization matrix, and [See Lim [1046] Inter-quantization matrix prediction mode. Also, see 1047. Also, see 0472-0475, scaling_list_pred_mode flag. Also, see 1069-1073, syntax elements for flags are Golomb coded. Also, see Fig. 65, diagonal scan and para. 0709 and/or para. 0692-0693, 1D coefficient array. Also, see 0694, difference values by the scan method.]
wherein in a case where a third mode is used to encode the first quantization matrix, the encoding unit encodes a difference value of two consecutive elements in the predetermined scan order within the first quantization matrix so that the encoding unit; (a) encodes, into the scaling list data syntax structure, a difference value between (i) the element, corresponding to a 1st element in the predetermined scan order, at the 1st row and the 1st column of the first quantization matrix and (ii) a predetermined value and; (b) encodes, into the scaling list data syntax structure, a difference value between (i) the element, corresponding to a 2nd element in the predetermined scan order, at the 2nd row and the 1st column of the first quantization matrix and (11) the element at the 1st row and the 1st column of the first quantization matrix;(c) encodes, into the scaling list data syntax structure, a difference value between (i) the element, corresponding to a 3rd element in the predetermined scan order, at the 1st row and the 2nd column of the first quantization matrix and (11) the element at the 2nd row and the 1st column of the first quantization matrix; and (d) encodes, into the scaling list data syntax structure, a difference value between (i) an element, corresponding to a 4th element in the predetermined scan order, at the 3rd row and the 1st column of the first quantization matrix and (11) the element at the 1st row and the 2nd column of the first quantization matrix, [See Lim [1046] Intra-quantization matrix DPCM mode. Also, see 1047. Also, see 0472-0475, scaling_list_pred_mode flag. Also, see 1069-1073, syntax elements for flags are Golomb coded. Also, see 0694, difference values by the scan method, and Fig. 65, diagonal scan. Also, see 0039, differential matrix coefficient indicating a difference between a matrix coefficient of the current quantization matrix and a matrix coefficient of the reference quantization matrix.]
wherein the decoding unit is capable of using, as the second quantization matrix, a quantization matrix all elements of which are set as 16, [See Lim [Fig. 21] Default matrix having values of 16.]
wherein the second quantization matrix having a size of 2x2 can be applied to chroma blocks, and the second quantization matrix having a size of 2x2 is not applied to luma blocks, [See Lim [0494-0495] Quantization matrix having size of 2x2 is not used for luma, and quantization matrix having size of 2x2 is used for chroma.]
wherein for a block size which is equal to or smaller than 8x8, only quantization matrices of three sizes are encoded as the second quantization matrices, and [See Lim [1063-1064] The embodiments are applicable only when the size of the current block is equal to or less than 8x8. Also, see 0015 and/or 0309, Quantization matrix is defined according to a size of a block. Also, see 0619, quantization matrix having a size of 2x2, 4x4 or 8x8. Also, see 0303, size of quantization matrix is derived based on the size of the transform block. For example, a non-square quantization matrix is derived for a non-square transform block (i.e. and a square quantization matrix is derived for square transform blocks).]
the second quantization matrix having the size of 2x2 [See Lim [1069] Quantization matrix having a size of 2x2, 4x4 or 8x8.]
Lim does not explicitly disclose
wherein a code amount of information representing that the first mode is used is less than a code amount of information representing that the second mode is used,
wherein the code amount of information representing that the first mode is used is less than a code amount of information representing that the third mode is used,
the second quantization matrix having the size of 2x2 is encoded first, when encoding the second quantization matrix having the size of 2x2, the second quantization matrix having the size of 4x4, and the second quantization matrix having a size of 8x8, and
wherein in a case where a size of the first quantization matrix to be encoded is 4x4, the size of the second quantization matrix is 4x4.
However, Lim ‘396 does disclose
wherein a code amount of information representing that the first mode is used is less than a code amount of information representing that the second mode is used, [See Lim ‘396 [0203] Scaling list pred mode flag is 0 when matrices are identical and copying is used, and scaling list pred mode flag is 1 when prediction is used. Also, see 0049, exp-Golomb coding.]
wherein in a case where a size of the first quantization matrix to be encoded is 4x4, the size of the second quantization matrix is 4x4. [See Lim ‘396 [0019] Quantization matrix having the same size as a quantization matrix when coding/decoding is being performed.]
It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the apparatus by Lim to add the teachings of Lim ‘396, in order to improve upon coding efficiency [See Lim ‘396 [0005]].
Lim (modified by Lim ‘396) do not explicitly disclose
wherein the code amount of information representing that the first mode is used is not greater than a code amount of information representing that the third mode is used,
the second quantization matrix having the size of 2x2 is encoded first,
However, Tanaka does disclose
wherein the code amount of information representing that the first mode is used is not greater than a code amount of information representing that the third mode is used, [See Tanaka [0119-0123] 1st mode is 0, 2nd mode is 1 and 3rd mode is 2. Also, see 0195, Golomb coding.]
[See Tanaka [0182] Loops for every size and type of quantization matrix, starting at size 0 (i.e. in view of Lim, 2x2 will be encoded first).]
It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the apparatus by Lim (modified by Lim ‘396) to add the teachings of Tanaka, in order to improve upon coding efficiency related to quantization matrices [See Tanaka [0009-0010]].
Regarding claim 2, Lim (modified by Lim ‘396 and Tanaka) disclose the apparatus of claim 1. Furthermore, Lim discloses
wherein types of components of the blocks include a luma component and two chroma components, and transform coefficients of each component are quantized using the first quantization matrix corresponding to the component. [See Lim [Figs. 9-17] Quantization matrices for luma/chroma.]
Regarding claim 3, Lim (modified by Lim ‘396 and Tanaka) disclose the apparatus of claim 1. Furthermore, Lim discloses
wherein the second quantization matrix is a quantization matrix which has already been encoded or a default quantization matrix all elements of which are 16. [See Lim [Fig. 21] Default matrix having values of 16.]
Regarding claim 4, Lim (modified by Lim ‘396 and Tanaka) disclose the apparatus of claim 1. Furthermore, Lim does not explicitly disclose
wherein the encoding unit encodes a plurality of quantization matrixes including the first quantization matrix and the second quantization matrix, each one of the plurality of quantization matrixes is encoded using one of the first mode, the second mode, and the third mode, and the first information is encoded for each one of the plurality of quantization matrixes, wherein the encoding unit: firstly encodes the first information for a quantization matrix having a size of 2x2; encodes the first information for a quantization matrix having a size of 4x4 after the first information is encoded for each one of quantization matrixes having the size of 2x2; and encodes the first information for a quantization matrix having a size of 8x8 after the first information is encoded for each one of quantization matrixes having the size of 4x4.
However, Tanaka does disclose
wherein the encoding unit encodes a plurality of quantization matrixes including the first quantization matrix and the second quantization matrix, each one of the plurality of quantization matrixes is encoded using one of the first mode, the second mode, and the third mode, and the first information is encoded for each one of the plurality of quantization matrixes, wherein the encoding unit: firstly encodes the first information for a quantization matrix having a size of 2x2; encodes the first information for a quantization matrix having a size of 4x4 after the first information is encoded for each one of quantization matrixes having the size of 2x2; and encodes the first information for a quantization matrix having a size of 8x8 after the first information is encoded for each one of quantization matrixes having the size of 4x4. [See Tanaka [Fig. 13 and 0182] Loops for every size and type of quantization matrix, which includes the 3 modes.]
Applying the same motivation as applied in claim 1.
Regarding claim 5, Lim (modified by Lim ‘396 and Tanaka) disclose the apparatus of claim 1. Furthermore, Lim discloses
wherein the first quantization matrix and the second quantization matrix has the same size. [See Lim [0604] Having the same size.]
Regarding claim 6, Lim (modified by Lim ‘396 and Tanaka) disclose the apparatus of claim 1. Furthermore, Lim discloses
wherein a position of the 1st element in the predetermined scan order within the two dimensional matrix is a position at the 1st row and the 1st column of the two dimensional matrix, a position of the 2nd element in the predetermined scan order within the two dimensional matrix is a position at the 2nd row and the 1st column of the two dimensional matrix, a position of the 3rd element in the predetermined scan order within the two dimensional matrix is a position at the 1st row and the 2nd column of the two dimensional matrix, and a position of the 4th element in the predetermined scan order within the two dimensional matrix is a position at the 3rd row and the 1st column of the two dimensional matrix. [See Lim [0694] Values by the scan method to align coefficients in a 2D quantization matrix in a 1D coefficient array, and Fig. 65, diagonal scan. Also, see 0039, differential quantization matrix coefficient indicating a difference between a matrix coefficient of the current quantization matrix and a matrix coefficient of the reference quantization matrix.]
Regarding claim 7, Lim (modified by Lim ‘396 and Tanaka) disclose the apparatus of claim 1. Furthermore, Lim discloses
wherein the plurality of elements comprises a fourth element which is a 4th element in the predetermined scan order and which is an element of a difference value between an element at a 3rd row and a 1st column of the first quantization matrix and an element at a 3rd row and a 1st column of the second quantization matrix. [See Lim [0694] Values by the scan method to align coefficients in a 2D quantization matrix in a 1D coefficient array, and Fig. 65, diagonal scan. Also, see 0039, differential quantization matrix coefficient indicating a difference between a matrix coefficient of the current quantization matrix and a matrix coefficient of the reference quantization matrix.]
Regarding claim 8, see examiners rejection for claim 1 which is analogous and applicable for the rejection of claim 8.
Regarding claim 9, see examiners rejection for claim 3 which is analogous and applicable for the rejection of claim 9.
Regarding claim 10, see examiners rejection for claim 4 which is analogous and applicable for the rejection of claim 10.
Regarding claim 11, see examiners rejection for claim 5 which is analogous and applicable for the rejection of claim 11.
Regarding claim 12, see examiners rejection for claim 6 which is analogous and applicable for the rejection of claim 12.
Regarding claim 13, see examiners rejection for claim 7 which is analogous and applicable for the rejection of claim 13.
Regarding claim 14, see examiners rejection for claim 1 which is analogous and applicable for the rejection of claim 14.
Regarding claim 15, see examiners rejection for claim 1 which is analogous and applicable for the rejection of claim 15.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES T BOYLAN whose telephone number is (571)272-8242. The examiner can normally be reached Monday-Friday 7am-3pm.
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/JAMES T BOYLAN/Examiner, Art Unit 2486
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