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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Allowable Subject Matter
Claim is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim Interpretation
Claim 9 recitation of “a bitstream that is generated by an image encoding method, the image encoding method comprising…” is a product by process claim limitation where the product is the bitstream and the process is the method steps to generate the bitstream. MPEP §2113 recites “Product-by-Process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps”. Thus, the scope of the claim is the recording medium storing the bitstream (with the structure implied by the method steps). The structure includes the current block, merge list and other information manipulated by the steps.
To be given patentable weight, recording medium and the bitstream (i.e. descriptive material) must be in a functional relationship. A functional relationship can be found where the descriptive material performs some function with respect to the recording medium to which it is associated. See MPEP §2111.05(I)(A). When a claimed “computer-readable medium merely serves as a support for information or data, no functional relationship exists”. MPEP §2111.05(III). The recording medium storing the claimed bitstream in claim 9 merely services as a support for the storing of the bitstream and provides no functional relationship between the stored bitstream and recording medium. Therefore the structure of the bitstream, which scope is implied by the method steps, is non-functional descriptive material and given no patentable weight. MPEP §2111.05(III).
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 9 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ikai et al. US 2018/0041762.
As to claim 9, Oh teaches a computer-readable recording medium storing a bitstream that is generated by an image encoding method, the image encoding method comprising: constructing a merge candidate list of a current block; in response to a merge mode with prediction unit partitioning being applied to the current block, selecting two merge candidates from the merge candidate list of the current block; obtaining two motion information of the current block from the two merge candidates; and generating a prediction block of the current block based on the two motion information of the current block, wherein two pieces of index information are explicitly encoded for selecting the two merge candidates from the merge candidate list block, the motion information of the current block is used to update the candidate list, and the candidate list is used for inter prediction of a block to be decoded after the current block. [¶ 0416; see Claim Interpretation above]
Claim(s) 1-5 and 8 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Oh et al. US 2018/0152710.
As to claim 1, Oh teaches a method of decoding an image, the method comprising: constructing a merge candidate list of a current block; [fig. 3; fig. 12; abstract; ¶ 0081-0086; ¶ 0114-0116] in response to a merge mode with prediction unit partitioning being applied to the current block, selecting two merge candidates from the merge candidate list of the current block; [fig. 3; fig. 12; abstract; ¶ 0050-0051; ¶ 0081-0086; ¶ 0114-0116] obtaining two motion information of the current block from the two merge candidates; [fig. 3; fig. 12; ¶ 0051; ¶ 0081-0086] and generating a prediction block of the current block based on the two motion information of the current block, wherein two pieces of index information are explicitly signaled for selecting the two merge candidates from the merge candidate list. [abstract; ¶ 0031-0033; ¶ 0052-0055; ¶ 0081-0086; ¶ 0105-0116]
As to claim 2, Oh teaches the limitations of claim 1. Oh teaches wherein the prediction block of the current block is generated based on a first reference block specified by first motion information of the current block and a second reference block specified by second motion information of the current block. [¶ 0032; ¶ 0049-0052; ¶ 0102-0106]
As to claim 3, Oh teaches the limitations of claim 1. Oh teaches wherein the two merge candidates are selected from a reduced merge candidate list, a number of merge candidates included in the reduced merge candidate list being smaller than a number of merge candidates included in the merge candidate list. [¶ 0081-0086; ¶ 0114-0117]
As to claim 4, Oh teaches the limitations of claim 3. Oh teaches wherein the number of merge candidates in the reduced merge candidate list is determined based on information representing a difference between the number of merge candidates in the reduced merge candidate list and the number of merge candidates included in the merge candidate list. [¶ 0082-0084; ¶ 0115-0116]
As to claim 5, Oh teaches the limitations of claim 1. Oh teaches wherein after inserting at least one spatial merge candidate and the temporal merge candidate to the merge candidate list, the merge candidate list is updated based on a motion information candidate list, the motion information candidate list including motion information candidates derived from blocks decoded before the current block. [¶ 0007-0008; ¶ 0081-0086; ¶ 0115-0117]
As to claim 8, Oh teaches a method of encoding an image, the method comprising: constructing a merge candidate list of a current block; [fig. 3; fig. 12; abstract; ¶ 0081-0086; ¶ 0114-0116] in response to a merge mode with prediction unit partitioning being applied to the current block, selecting two merge candidates from the merge candidate list of the current block; [fig. 3; fig. 12; abstract; ¶ 0050-0051; ¶ 0081-0086; ¶ 0114-0116] obtaining two motion information of the current block from the two merge candidates; [fig. 3; fig. 12; ¶ 0051; ¶ 0081-0086] and generating a prediction block of the current block based on the two motion information of the current block, wherein two pieces of index information are explicitly encoded for selecting the two merge candidates from the merge candidate list. [abstract; ¶ 0031-0033; ¶ 0052-0055; ¶ 0081-0086; ¶ 0105-0116]
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oh et al. US 2018/0152710 in view of Li et al. US 10,397,603.
As to claim 6, Oh teaches the limitations of claim 5.
Oh teaches wherein the merge candidate list of the current block is updated by adding at least one motion information candidate included in the motion information candidate list as a new merge candidate. [¶ 0007-0008; ¶ 0081-0086; ¶ 0115-0117]
Oh does not explicitly teach wherein, for two motion information candidates in the motion information candidate list, whether a motion information candidate is available as the new merge candidate or not is determined based on a result of a redundancy check with merge candidates in the merge candidate list, and wherein, for remaining motion information candidates excluding the two motion information candidates in the motion information candidate list, whether a motion information candidate is available as the new merge candidate or not is determined regardless of the result of the redundancy check with the merge candidates in the merge candidate list.
Li teaches wherein, for two motion information candidates in the motion information candidate list, whether a motion information candidate is available as the new merge candidate or not is determined based on a result of a redundancy check with merge candidates in the merge candidate list, [col. 22 lines 48-57; col. 24 lines 1-50] and wherein, for remaining motion information candidates excluding the two motion information candidates in the motion information candidate list, whether a motion information candidate is available as the new merge candidate or not is determined regardless of the result of the redundancy check with the merge candidates in the merge candidate list. [col. 22 lines 48-57; col. 24 lines 1-50]
It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the techniques of Li with the teachings of Oh allowing for improved coding efficiency.
Conclusion
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/ANNER HOLDER/Primary Examiner, Art Unit 2483