DETAILED ACTION
1. This office action is in response to U.S. Patent Application No.: 18/916,891 filed on 10/16/2024
with effective filing date 3/24/2016. Claims 1-3 are pending.
Double Patenting
2. 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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Claim 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-5 of U.S. Patent No. 12149728. Although the claims at issue are not identical, they are not patentably distinct from each other.
Current Application
US 12,149,728
1. A decoding apparatus for image decoding, the decoding apparatus comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to:
derive control points (CPs) for a current block; acquire motion vectors for the CPs; derive motion vectors sub-blocks in the current block based on the acquired motion vectors; derive a prediction sample for the current block based on the derived motion vectors; and generate a reconstructed sample based on the prediction sample, wherein based on a number of CPs being 3, and a coordinate of CP0 among the CPs are (0, 0), a coordinate of CP1 are (S, 0) and a coordinate of CP2 are (0, S), wherein a coordinate of a top-left sample position of the current block is (0, 0) and a height and a width of the current block are S, wherein the acquiring of the motion vectors for the CPs comprises: deriving motion vector 0 for CP0 based on neighboring block group 0 including an upper left neighboring block, a first left neighboring block and a first upper neighboring block; deriving motion vector 1 for CP1 based on neighboring block group 1 including an upper right neighboring block and a second upper neighboring block; and deriving motion vector 2 for CP2 based on neighboring block group 2 including a lower left neighboring block and a second left neighboring block, wherein it is sequentially determined whether the upper left neighboring block, the first left neighboring block and the first upper neighboring block are available according to a predefined first priority, it is sequentially determined whether the upper right neighboring block and the second upper neighboring block are available according to a predefined second priority, and it is sequentially determined whether the lower left neighboring block and the second left neighboring block are available according to a predefined third priority, and wherein the first left neighboring block is the uppermost block among left neighboring blocks adjacent to the left boundary of the current block, the first upper neighboring block is the leftmost block among upper neighboring blocks adjacent to the upper boundary of the current block, the second upper neighboring block is the rightmost block among upper neighboring blocks adjacent to the upper boundary of the current block, and the second left neighboring block is the lowermost block among the left neighboring blocks adjacent to the left boundary of the current block.
1. A video decoding method performed by a decoding apparatus, the method comprising:
deriving control points (CPs) for a current block; acquiring motion vectors for the CPs; deriving motion vectors sub-blocks in the current block based on the acquired motion vectors; deriving a prediction sample for the current block based on the derived motion vectors; and generating a reconstructed sample based on the prediction sample, wherein based on a number of CPs being 3, and a coordinate of CP0 among the CPs are (0,0), a coordinate of CP1 are (S, 0) and a coordinate of CP2 are (0, S), wherein a coordinate of a top-left sample position of the current block is (0, 0) and a height and a width of the current block are S, wherein the acquiring of the motion vectors for the CPs comprises: deriving motion vector 0 for CP0 based on neighboring block group 0 including an upper left neighboring block, a first left neighboring block and a first upper neighboring block; deriving motion vector 1 for CP1 based on neighboring block group 1 including an upper right neighboring block and a second upper neighboring block; and deriving motion vector 2 for CP2 based on neighboring block group 2 including a lower left neighboring block and a second left neighboring block, wherein it is sequentially determined whether the upper left neighboring block, the first left neighboring block and the first upper neighboring block are available according to a predefined first priority, it is sequentially determined whether the upper right neighboring block and the second upper neighboring block are available according to a predefined second priority, and it is sequentially determined whether the lower left neighboring block and the second left neighboring block are available according to a predefined third priority, and wherein the first left neighboring block is the uppermost block among left neighboring blocks adjacent to the left boundary of the current block, the first upper neighboring block is the leftmost block among upper neighboring blocks adjacent to the upper boundary of the current block, the second upper neighboring block is the rightmost block among upper neighboring blocks adjacent to the upper boundary of the current block, and the second left neighboring block is the lowermost block among the left neighboring blocks adjacent to the left boundary of the current block.
2. An encoding apparatus for image encoding, the encoding apparatus comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to:
derive control points (CPs) for a current block; acquire motion vectors for the CPs; derive motion vectors of sub-blocks in the current block based on the acquired motion vectors; generate a prediction sample for the current block based on the derived motion vectors; and encode prediction mode information for the current block and information for the derived motion vector and outputting the encoded information, wherein based on a number of CPs being 3, and a coordinate of CP0 among the CPs are (0, 0), a coordinate of CP1 are (S, 0) and a coordinate of CP2 are (0, S), wherein a coordinate of a top-left sample position of the current block is (0, 0) and a height and a width of the current block are S, wherein the acquiring of the motion vectors for the CPs comprises: deriving motion vector 0 for CP0 based on neighboring block group 0 including an upper left neighboring block, a first left neighboring block and a first upper neighboring block; deriving motion vector 1 for CP1 based on neighboring block group 1 including an upper right neighboring block and a second upper neighboring block; and deriving motion vector 2 for CP2 based on neighboring block group 2 including a lower left neighboring block and a second left neighboring block, wherein it is sequentially determined whether the upper left neighboring block, the first left neighboring block and the first upper neighboring block are available according to a predefined first priority, it is sequentially determined whether the upper right neighboring block and the second upper neighboring block are available according to a predefined second priority, and it is sequentially determined whether the lower left neighboring block and the second left neighboring block are available according to a predefined third priority, and wherein the first left neighboring block is the uppermost block among left neighboring blocks adjacent to the left boundary of the current block, the first upper neighboring block is the leftmost block among upper neighboring blocks adjacent to the upper boundary of the current block, the second upper neighboring block is the rightmost block among upper neighboring blocks adjacent to the upper boundary of the current block, and the second left neighboring block is the lowermost block among the left neighboring blocks adjacent to the left boundary of the current block.
4. A video encoding method performed by an encoding apparatus, comprising:
deriving control points (CPs) for a current block; acquiring motion vectors for the CPs; deriving motion vectors of sub-blocks in the current block based on the acquired motion vectors; generating a prediction sample for the current block based on the derived motion vectors; and encoding prediction mode information for the current block and information for the derived motion vector and outputting the encoded information, wherein based on a number of CPs being 3, and a coordinate of CP0 among the CPs are (0,0), a coordinate of CP1 are (S, 0) and a coordinate of CP2 are (0, S), wherein a coordinate of a top-left sample position of the current block is (0, 0) and a height and a width of the current block are S, wherein the acquiring of the motion vectors for the CPs comprises: deriving motion vector 0 for CP0 based on neighboring block group 0 including an upper left neighboring block, a first left neighboring block and a first upper neighboring block; deriving motion vector 1 for CP1 based on neighboring block group 1 including an upper right neighboring block and a second upper neighboring block; and deriving motion vector 2 for CP2 based on neighboring block group 2 including a lower left neighboring block and a second left neighboring block, wherein it is sequentially determined whether the upper left neighboring block, the first left neighboring block and the first upper neighboring block are available according to a predefined first priority, it is sequentially determined whether the upper right neighboring block and the second upper neighboring block are available according to a predefined second priority, and it is sequentially determined whether the lower left neighboring block and the second left neighboring block are available according to a predefined third priority, and wherein the first left neighboring block is the uppermost block among left neighboring blocks adjacent to the left boundary of the current block, the first upper neighboring block is the leftmost block among upper neighboring blocks adjacent to the upper boundary of the current block, the second upper neighboring block is the rightmost block among upper neighboring blocks adjacent to the upper boundary of the current block, and the second left neighboring block is the lowermost block among the left neighboring blocks adjacent to the left boundary of the current block.
3. An apparatus for transmitting data for an image, the apparatus comprising: at least one processor configured to obtain a bitstream for the video signal,
wherein the bitstream is generated based on deriving control points (CPs) for a current block, acquiring motion vectors for the CPs, deriving motion vectors sub-blocks in the current block based on the acquired motion vectors, deriving a prediction sample for the current block based on the derived motion vectors, and generating a reconstructed sample based on the prediction sample, a transmitter configured to transmit the data comprising the bitstream, wherein based on a number of CPs being 3, and a coordinate of CP0 among the CPs are (0, 0), a coordinate of CP1 are (S, 0) and a coordinate of CP2 are (0, S), wherein a coordinate of a top-left sample position of the current block is (0, 0) and a height and a width of the current block are S, wherein the acquiring of the motion vectors for the CPs comprises: deriving motion vector 0 for CP0 based on neighboring block group 0 including an upper left neighboring block, a first left neighboring block and a first upper neighboring block; deriving motion vector 1 for CP1 based on neighboring block group 1 including an upper right neighboring block and a second upper neighboring block; and deriving motion vector 2 for CP2 based on neighboring block group 2 including a lower left neighboring block and a second left neighboring block, wherein it is sequentially determined whether the upper left neighboring block, the first left neighboring block and the first upper neighboring block are available according to a predefined first priority, it is sequentially determined whether the upper right neighboring block and the second upper neighboring block are available according to a predefined second priority, and it is sequentially determined whether the lower left neighboring block and the second left neighboring block are available according to a predefined third priority, and wherein the first left neighboring block is the uppermost block among left neighboring blocks adjacent to the left boundary of the current block, the first upper neighboring block is the leftmost block among upper neighboring blocks adjacent to the upper boundary of the current block, the second upper neighboring block is the rightmost block among upper neighboring blocks adjacent to the upper boundary of the current block, and the second left neighboring block is the lowermost block among the left neighboring blocks adjacent to the left boundary of the current block.
5. A transmission method of data for an image signal, the method comprising: obtaining a bitstream for the video signal,
wherein the bitstream is generated based on deriving control points (CPs) for a current block, acquiring motion vectors for the CPs, deriving motion vectors sub-blocks in the current block based on the acquired motion vectors, deriving a prediction sample for the current block based on the derived motion vectors, and generating a reconstructed sample based on the prediction sample, transmitting the data comprising the bitstream, wherein based on a number of CPs being 3, and a coordinate of CP0 among the CPs are (0, 0), a coordinate of CP1 are (S, 0) and a coordinate of CP2 are (0, S), wherein a coordinate of a top-left sample position of the current block is (0, 0) and a height and a width of the current block are S, wherein the acquiring of the motion vectors for the CPs comprises: deriving motion vector 0 for CP0 based on neighboring block group 0 including an upper left neighboring block, a first left neighboring block and a first upper neighboring block; deriving motion vector 1 for CP1 based on neighboring block group 1 including an upper right neighboring block and a second upper neighboring block; and deriving motion vector 2 for CP2 based on neighboring block group 2 including a lower left neighboring block and a second left neighboring block, wherein it is sequentially determined whether the upper left neighboring block, the first left neighboring block and the first upper neighboring block are available according to a predefined first priority, it is sequentially determined whether the upper right neighboring block and the second upper neighboring block are available according to a predefined second priority, and it is sequentially determined whether the lower left neighboring block and the second left neighboring block are available according to a predefined third priority, and wherein the first left neighboring block is the uppermost block among left neighboring blocks adjacent to the left boundary of the current block, the first upper neighboring block is the leftmost block among upper neighboring blocks adjacent to the upper boundary of the current block, the second upper neighboring block is the rightmost block among upper neighboring blocks adjacent to the upper boundary of the current block, and the second left neighboring block is the lowermost block among the left neighboring blocks adjacent to the left boundary of the current block.
Allowable Subject Matter
4. After analyzing the current application examiner concluded that the novelty of the current application involves drawing a control point (CP) about a current block. Motion vectors about the CP is attained. A motion vector of an inner side of the current block or a sub block is drawn by a sample based on the motion vectors about the CP. A reconstitution sample is produced based on a prediction sample. The prediction sample about the current block is drawn based on the drawn motion vector. Height and breadth of the current block are measured. A motion vector corresponding to a top left sample position of the sub block is utilized as a motion vector about the sub block. Also as shown on fig. 13, the motion vector derivation module 1320 may sequentially determine availability based on predefined priority of candidate blocks and derive a motion vector of a corresponding CP based on a motion vector of an available candidate block; when the number of CPs is 2, the motion vector derivation module 1320 may derive motion vectors in units of a sub-block or a sample in the current block based on the aforementioned equation 3; when the number of CPs is 3, the motion vector derivation module 1320 may derive the motion vectors in units of a sub-block or a sample in the current block based on the aforementioned equation 2.
The prior art of record in particular, WIPO Publication Chuang et al. US 2019/0028731 A1 in view of Zhang et al. US 2019/0149838 A1 does not disclose, with respect to claim 1, wherein based on a number of CPs being 3, and a coordinate of CP0 among the CPs are (0,0), a coordinate of CP1 are (S, 0) and a coordinate of CP2 are (0, S), wherein a coordinate of a top-left sample position of the current block is (0, 0) and a height and a width of the current block are S, wherein the acquiring of the motion vectors for the CPs comprises: deriving motion vector 0 for CP0 based on neighboring block group 0 including an upper left neighboring block, a first left neighboring block and a first upper neighboring block; deriving motion vector 1 for CP1 based on neighboring block group 1 including an upper right neighboring block and a second upper neighboring block; and deriving motion vector 2 for CP2 based on neighboring block group 2 including a lower left neighboring block and a second left neighboring block, wherein it is sequentially determined whether the upper left neighboring block, the first left neighboring block and the first upper neighboring block are available according to a predefined first priority, it is sequentially determined whether the upper right neighboring block and the second upper neighboring block are available according to a predefined second priority, and it is sequentially determined whether the lower left neighboring block and the second left neighboring block are available according to a predefined third priority, and wherein the first left neighboring block is the uppermost block among left neighboring blocks adjacent to the left boundary of the current block, the first upper neighboring block is the leftmost block among upper neighboring blocks adjacent to the upper boundary of the current block, the second upper neighboring block is the rightmost block among upper neighboring blocks adjacent to the upper boundary of the current block, and the second left neighboring block is the lowermost block among the left neighboring blocks adjacent to the left boundary of the current block as claimed.
Rather, Chuang et al. discloses the method involves evaluating a distortion value for each motion vector predictor (MVP) pair using first and second MVs in each MVP pair (1330). Final MVP pair is selected (1340) according to the distortion value. A MVP candidate list including the final MVP pair is generated (1350) as a MVP candidate. A current MV pair associated with an affine motion model is encoded if the affine Inter mode is used for a current block and the final MVP pair is selected. The MV pair associated with the affine motion model is decoded (1360) at a video decoder side using the final MVP pair as a predictor.
Similarly, Zhang et al. discloses the method involves receiving a current block of video data that is to be decoded using affine motion compensation. An affine motion vector predictor (MVP) list is constructed for one of control points of the current block of video data including adding a motion vector from a neighboring block of video data to the affine MVP list in a case that the motion vector comprises
an associated reference picture that is same as a target reference picture for the current block of video data. The motion vectors are determined for the control points using the affine MVP list. The current block of video data is decoded with the determined motion vectors of the control points of the current
block of video data.
The same reasoning applies to claims 2 & 3.
Conclusion
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/Irfan Habib/ Examiner, Art Unit 2485