DETAILED ACTION
1. This office action is in response to U.S. Patent Application No.: 18/923,661 filed on 10/22/2024 with effective filing date 6/25/2018. Claims 1-6 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.
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.
3. Claims 1-6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of U.S. Patent No. 12250369, claims 1-3 of U.S. Patent No. 12101469 & claims 1-3 of U.S. Patent No. 11647179. Although the claims at issue are not identical, they are not patentably distinct from each other. Examiner also notes that there are several co-pending applications, and based on how the claims are amended, terminal disclaimers will be required prior notice of allowance.
Current Application
US 12,101,469
1. An image decoding method performed by an image decoding apparatus, comprising: determining an intra prediction mode of a current block; determining a reference pixel of the current block; and predicting the current block based on the intra prediction mode and the reference pixel, wherein the current block is predicted by interpolating a reference sample on a fractional location by reference sample interpolation filtering based on reference samples on integer locations, either fixed filtering or adaptive filtering is selected for reference sample interpolation filtering based on a color component of the current block, where the fixed filtering is selected, a fixed interpolation filter is applied for reference sample interpolation filtering, where the adaptive filtering is selected, one interpolation filter is selected from a plurality of interpolation filters and applied for reference sample interpolation filtering, and the fractional location is determined based on a directionality of a prediction mode and a position of a prediction mode.
1. An image decoding method performed by an image decoding apparatus, comprising: determining an intra prediction mode of a current block; determining a reference pixel of the current block; and predicting the current block based on the intra prediction mode and the reference pixel, wherein the current block is predicted by interpolating a reference sample on a fractional location by reference sample interpolation filtering based on reference samples on integer locations, either fixed filtering or adaptive filtering is selected for reference sample interpolation filtering based on a color component of the current block,
where the fixed filtering is selected, a fixed interpolation filter is applied for reference sample interpolation filtering, where the adaptive filtering is selected, one interpolation filter is selected from a plurality of interpolation filters and applied for reference sample interpolation filtering, and the plurality of interpolation filters for the adaptive filtering includes a four-tap gaussian filter and a four-tap DCT filter.
3. An image encoding method performed by an image encoding apparatus, comprising: determining an intra prediction mode of a current block; determining a reference pixel of the current block; and predicting the current block based on the intra prediction mode and the reference pixel, wherein the current block is predicted by interpolating a reference sample on a fractional location by reference sample interpolation filtering based on reference samples on integer locations, either fixed filtering or adaptive filtering is selected for reference sample interpolation filtering based on a color component of the current block, where the fixed filtering is selected, a fixed interpolation filter is applied for reference sample interpolation filtering, where the adaptive filtering is selected, one interpolation filter is selected from a plurality of interpolation filters and applied for reference sample interpolation filtering, and the fractional location is determined based on a directionality of a prediction mode and a position of a prediction mode.
2. An image encoding method performed by an image encoding apparatus, comprising: determining an intra prediction mode of a current block; determining a reference pixel of the current block; and predicting the current block based on the intra prediction mode and the reference pixel, wherein the current block is predicted by interpolating a reference sample on a fractional location by reference sample interpolation filtering based on reference samples on integer locations, either fixed filtering or adaptive filtering is selected for reference sample interpolation filtering based on a color component of the current block, where the fixed filtering is selected, a fixed interpolation filter is applied for reference sample interpolation filtering, where the adaptive filtering is selected, one interpolation filter is selected from a plurality of interpolation filters and applied for reference sample interpolation filtering, and the plurality of interpolation filters for the adaptive filtering includes a four-tap gaussian filter and a four-tap DCT filter.
Allowable Subject Matter
After analyzing the current application examiner concluded that the novelty of the current application the method involves constructing an intra prediction mode candidate group of a target block. A reference pixel for an intra prediction mode of the target block is determined. Filtering or interpolation on the reference pixel is performed. Intra prediction of the target block is performed based on the intra prediction mode candidate group and the reference pixel. The filtering is selected based on one among size, shape, position, a color component, a reference pixel line, a sub-block prediction, or an intra prediction mode. The filtering is performed when the intra prediction mode of the target block is a diagonal mode. Also the method enables efficiently configuring the intra prediction mode candidate group so as to induce reduction in bits representing the prediction mode of the target block and improve encoding performance through the configuration of filtered or interpolated reference pixels and intra prediction on a sub-block basis.
The prior art of record in particular, Lee US 2019/0238835 A1 in view of Nam et al. US 2022/0272385 A1 in view of does not disclose, with respect to claim 1, wherein the current block is predicted by interpolating a reference sample on a fractional location by reference sample interpolation filtering based on reference samples on integer locations, either fixed filtering or adaptive filtering is selected for reference sample interpolation filtering based on a color component of the current block, where the adaptive filtering is selected, one interpolation filter is selected from a plurality of interpolation filters and applied for reference sample interpolation filtering, and the fractional location is determined based on a directionality of a prediction mode and a position of a prediction mode as claimed.
Rather, Lee discloses the method involves inducing multiple reference sample lines about a current block. A specific reference sample line is selected among the reference sample lines. Determination is made whether an intra filter is applied to a reference sample included in the selected reference sample line. Intra prediction about the current block is performed using the reference sample. The intra filter is selectively applied to the reference sample according to determination. The intra filter is determined based on size of the current block and intra prediction mode.
Similarly, Nam et al. teaches the method involves obtaining first division information about a first object block through a bit stream. A partitioning flag is showed by a dividing the first object block. The first object block is divided into first sub blocks. A second sub block is divided into second sub blocks based on multiple partitioning tree (MPT) segmented information. The MPT segmented information about the second object block is obtained through a bit stream among first sub blocks of the first object block.
The same reasoning applies to claim 3 & 5 mutatis mutandis.
Conclusion
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/Irfan Habib/Examiner, Art Unit 2485