DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, and 7 of U.S. Patent No. 11,647,232. Although the claims at issue are not identical, they are not patentably distinct from each other because the outstanding application contains additional limitations regarding determining whether inter prediction is applied, the number of boundaries, and their respective positions.
Application No. 18/923,521 Claim 1
U.S. Patent No. 11,647,232 Claim 1
An image decoding method performed by a decoding apparatus, comprising:
An image decoding method performed by a decoding apparatus, comprising:
obtaining image information including residual information, prediction-related information, and in-loop filtering-related information through a bitstream;
obtaining image information including residual information, prediction-related information, and in-loop filtering-related information through a bitstream;
deriving transform coefficients, based on the residual information;
deriving transform coefficients, based on the residual information;
generating residual samples, based on the transform coefficients;
generating residual samples, based on the transform coefficients;
determining whether an inter prediction is applied to a current block, based on the prediction-related information;
generating prediction samples by applying inter prediction to the current block, based on the determination;
generating prediction samples, based on the prediction-related information;
generating reconstructed samples, based on the residual samples and the prediction samples; and
generating reconstructed samples, based on the residual samples and the prediction samples; and
generating modified reconstructed samples by performing an in-loop filtering process of the reconstructed samples, based on the in-loop filtering-related information,
generating modified reconstructed samples by performing an in-loop filtering process of the reconstructed samples, based on the in-loop filtering-related information,
wherein the image information includes a sequence parameter set (SPS), and picture header information referring to the SPS, and
wherein the image information includes a sequence parameter set (SPS), and picture header information referring to the SPS, and
wherein whether additional virtual boundaries-related information is included in the SPS or the picture header information is determined based on whether reference picture resampling is enabled, and
wherein whether additional virtual boundaries-related information is included in the SPS or the picture header information is determined based on whether reference picture resampling is enabled.
wherein the additional virtual boundaries-related information includes information on a number of virtual boundaries and information on positions of the virtual boundaries.
Claims 2 and 3 are corresponding image encoding methods and transmission methods that are similarly unpatentable over claims 2 and 7 of U.S Patent No. 11,647,232.
Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 12,160,618. Although the claims at issue are not identical, they are not patentably distinct from each other because the outstanding application contains additional limitations regarding determining whether inter prediction is applied, the number of boundaries, and their respective positions.
Application No. 18/923,521 Claim 1
U.S. Patent No. 12,160,618 Claim 1
An image decoding method performed by a decoding apparatus, comprising:
An image decoding method performed by a decoding apparatus, comprising:
obtaining image information including residual information, prediction-related information, and in-loop filtering-related information through a bitstream;
obtaining image information including residual information, prediction-related information, and in-loop filtering-related information through a bitstream;
deriving transform coefficients, based on the residual information;
deriving transform coefficients, based on the residual information;
generating residual samples, based on the transform coefficients;
generating residual samples, based on the transform coefficients;
determining whether an inter prediction is applied to a current block, based on the prediction-related information;
generating prediction samples by applying inter prediction to the current block, based on the determination;
generating prediction samples, based on the prediction-related information;
generating reconstructed samples, based on the residual samples and the prediction samples; and
generating reconstructed samples, based on the residual samples and the prediction samples; and
generating modified reconstructed samples by performing an in-loop filtering process of the reconstructed samples, based on the in-loop filtering-related information,
generating modified reconstructed samples by performing an in-loop filtering process of the reconstructed samples, based on the in-loop filtering-related information,
wherein the image information includes a sequence parameter set (SPS), and picture header information referring to the SPS, and
wherein the image information includes a sequence parameter set (SPS), and picture header information referring to the SPS, and
wherein whether additional virtual boundaries-related information is included in the SPS or the picture header information is determined based on whether reference picture resampling is enabled, and
wherein whether additional virtual boundaries-related information is included in the SPS or the picture header information is determined based on whether reference picture resampling is enabled,
wherein the additional virtual boundaries-related information includes information on a number of virtual boundaries and information on positions of the virtual boundaries.
the additional virtual boundaries-related information is included the picture header.
Claims 2 and 3 are corresponding image encoding methods and transmission methods that are similarly unpatentable over claims 2 and 3 of U.S Patent No. 12,160,618.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim 3 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Son et al. (2017/0201747) [Son]
Regarding claim 3, the claim is directed towards a transmission method for a bitstream comprising two steps, reception and transmission. The broadest reasonable interpretation of this claim includes generation of the bitstream that is not performed by the claimed method. As such, the contents of the bitstream, defined by how the bitstream was generated, only describes the content of the information in the bitstream and as result are descriptive language. See MPEP §2111.05. The bitstream has no functional relationship with the claimed method for transmitting the bitstream. The claim scope (in light of the specification) describes the generation of bitstream in terms of how the video gets encoded within the bitstream, there is provided no functional relationship between the bitstream’s contents once generated and the process for transmitting the bitstream. As result, the contents of the bitstream are non-functional descriptive language and will be given not patentable weight.
Son discloses a transmission method of data for an image comprising obtaining a bitstream for the image and transmitting the data comprising the bitstream (see fig. 1 for transmission and fig. 2 for reception).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lin et al. (2020/0077092) [Lin].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOMINIC D SALTARELLI whose telephone number is (571)272-7302. The examiner can normally be reached 9:00 am - 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Flynn can be reached at (571) 272-1915. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DOMINIC D SALTARELLI/ Primary Examiner, Art Unit 2421