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 .
DETAILED ACTION
This Office Action is sent in response to Applicant’s Communication received 23 October 2024 for application number 18/923,446. The Office hereby acknowledges receipt of the following and placed of record in file: Specification, Drawings, Abstract, Oath/Declaration, Claims.
Claims 21-40 are presented for examination.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,149,687. Although the claims at issue are not identical, they are not patentably distinct from each other.
Regarding claim 21, ‘687 discloses a method of encoding a video signal, comprising: obtaining a first picture frame including a first component and a second component; determining a plurality of sample offsets associated with the second component in the first picture frame; deriving a first class index for the second component from a first set of one or more samples of the first component relative to a sample of the second component; selecting a first sample offset from the plurality of sample offsets for the second component according to the first class index; and obtaining a cross-component offsetted sample value of the second component based on the first sample offset (claim 1). The encoding/decoding differences are routine functional counterparts and do not render the pending claims patentably distinct. ‘687 also discloses the encoder in the specification (par. 36).
Regarding claim 22, see teachings of claim 21. ‘687 further discloses further comprising: deriving a second class index for the second component in a second region in the first picture frame from a second set of one or more samples of the first component relative to a sample of the second component; selecting a second sample offset from a plurality of sample offsets for the second component according to the second class index; and obtaining a cross-component offsetted sample value of the second component based on the second sample offset; wherein deriving the first class index for the second component in the first picture frame is in a first region in the first picture frame (claim 2).
Regarding claim 23, see teachings of claims 21 and 22. ‘687 further discloses wherein deriving a first class index for the second component from a first set of one or more samples of the first component relative to the sample of the second component comprises: deriving the first class index based on a first set of one or more classifiers for the first set of one or more samples of the first component, and deriving a second class index for the second component in a second region in the first picture frame from a second set of one or more samples of the first component relative to the sample of the second component comprises: deriving the second class index based on a second set of one or more classifiers for the second set of one or more samples of the first component (claim 3).
Regarding claim 24, see teachings of claim 21. ‘687 further discloses wherein the first picture frame is divided into a plurality of regions, and a different class index is used for each of the plurality of regions (claim 4).
Regarding claim 25, see teachings of claims 21 and 24. ‘687 further discloses further comprising: determining a syntax element to indicate which class index is used for each of the plurality of regions in the first picture frame, wherein the syntax element is switched at a CTU level (claim 5).
Regarding claim 26, see teachings of claim 21. ‘687 further discloses wherein the first component is a luma component, and the second component is a chroma component (claim 6).
Regarding claim 27, see teachings of claim 21. ‘687 further discloses further comprising: obtaining a second picture frame including the first component and the second component; and obtaining a cross-component offsetted sample value of the second component in the second picture frame based on an offset set index indicating which previously encoded offset set in the first picture frame stored in memory is used for the second picture frame (claim 7).
Regarding claim 28, see teachings of claim 21. ‘687 further discloses further comprising: obtaining a second picture frame including the first component and the second component; determining a plurality of sample offsets associated with the second component in the second picture frame; deriving a second class index for the second component from a second set of one or more samples of the first component relative to a sample of the second component; selecting a second sample offset from the plurality of sample offsets for the second component according to the second class index; and obtaining a cross-component offsetted sample value of the second component based on the second sample offset; wherein the first set of one or more samples is defined differently from the second set of one or more samples (claim 8).
Regarding claim 29, see teachings of claims 21-23. ‘687 further discloses wherein one of the first set of one or more classifiers is derived from first parameters for selecting a first band corresponding to the first set of one or more samples of the first component from a first number of divided bands of a dynamic range of sample values of the first component, and one of the second set of one or more classifiers is derived from second parameters for selecting a second band corresponding to the second set of one or more samples of the first component from a second number of divided bands of the dynamic range of the sample values of the first component (claim 9).
Regarding claim 30, see teachings of claims 21-23 and 29. ‘687 further discloses wherein selecting a first sample offset from the plurality of sample offsets for the second component according to the first class index comprises: selecting the first sample offset from the plurality of sample offsets for the second component corresponding to the first band; and selecting a second sample offset from the plurality of sample offsets for the second component according to the second class index comprises: selecting the second sample offset from the plurality of sample offsets for the second component corresponding to the second band (claim 10).
Regarding claim 31, see teachings of claims 21-23 and 29. ‘687 further discloses wherein each of the first parameters is switched at one or more of SPS, APS, PPS, PH, SH, CTU, and CU level, and each of the second parameters is switched at one or more of SPS, APS, PPS, PH, SH, CTU, and CU level (claim 11).
Regarding claim 32, see teachings of claims 21-23, 29 and 31. ‘687 further discloses wherein the first parameters comprise a position of the first set of one or more samples and the first number, and the second parameters comprise a position of the second set of one or more samples and the second number (claim 12).
Regarding claim 33, see teachings of claims 21 and 28. ‘687 further discloses further comprising: obtaining a third picture frame including the first component and the second component; and obtaining a cross-component offsetted sample value of the second component in the third picture frame based on an offset set index indicating which previously encoded offset set in other picture frames is used for the third picture frame, wherein a first offset set is stored in memory identified by a first offset set index and a second offset set is stored in the memory identified by a second offset set index for next use (claim 13).
Regarding claim 34, see teachings of claims 21 and 28. ‘687 further discloses further comprising: obtaining a third picture frame including the first component and the second component; and obtaining a cross-component offsetted sample value of the second component in the third picture frame based on an offset set index indicating which previously encoded offset set in other picture frames is used for the third picture frame, wherein the second component comprises a Cb component and a Cr component, and offset set indexes used for the Cb component and the Cr component are different in the third picture frame (claim 14).
Regarding claim 35, see teachings of claim 21. ‘687 further discloses wherein the first set of one or more samples of the first component relative to the sample of the second component is a collocated sample of the first component relative to the sample of the second component (claim 15).
Regarding claim 36, see teachings of claim 21. ‘687 further discloses wherein the first set of one or more samples of the first component relative to the sample of the second component is a neighboring sample of a collocated sample of the first component relative to the sample of the second component (claim 16).
Regarding claim 37, see teachings of claim 21. ‘687 further discloses further comprising: determining a syntax element that indicates whether Cross-component Sample Adaptive Offset (CCSAO) is enabled (claim 17).
Regarding claim 38, ‘687 discloses an electronic apparatus comprising: one or more processing units; memory coupled to the one or more processing units; and a plurality of programs stored in the memory that, when executed by the one or more processing units, cause the electronic apparatus to perform operations comprising: obtaining a first picture frame including a first component and a second component; determining a plurality of sample offsets associated with the second component in the first picture frame; deriving a first class index for the second component from a first set of one or more samples of the first component relative to a sample of the second component; selecting a first sample offset from the plurality of sample offsets for the second component according to the first class index; and obtaining a cross-component offsetted sample value of the second component based on the first sample offset (claim 18). The encoding/decoding differences are routine functional counterparts and do not render the pending claims patentably distinct.
Regarding claim 39, see teachings of claim 38. ‘687 further discloses wherein the operations further comprising: deriving a second class index for the second component in a second region in the first picture frame from a second set of one or more samples of the first component relative to each sample of the second component; selecting a second sample offset from the plurality of sample offsets for the second component according to the second class index; and obtaining a cross-component offsetted sample value of the second component based on the second sample offset; wherein deriving the first class index for the second component in the first picture frame is in a first region in the first picture frame.
Regarding claim 40, ‘687 discloses a non-transitory computer readable storage medium storing a bitstream generated by operations comprising: obtaining a first picture frame including a first component and a second component; determining a plurality of sample offsets associated with the second component in the first picture frame; deriving a first class index for the second component from a first set of one or more samples of the first component relative to a sample of the second component; selecting a first sample offset from the plurality of sample offsets for the second component according to the first class index; and obtaining a cross-component offsetted sample value of the second component based on the first sample offset (claim 20). The encoding/decoding differences are routine functional counterparts and do not render the pending claims patentably distinct.
Prior Art not relied upon: Please refer to the references listed in attached PTO-892, which are not relied upon for the claim rejections, since these references are pertinent to the disclosure.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NGUYEN T TRUONG whose telephone number is (571)272-5262. The examiner can normally be reached on Mon - Fri, 6AM - 2PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JAMIE ATALA can be reached on 571-272-7384. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NGUYEN T TRUONG/Primary Examiner, Art Unit 2486