DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
2. Claim 3 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
It is noted that, the claim is directed to; A non-transitory computer readable medium storing a bitstream, the bitstream including a current coding block and information according to which a decoder performs a partition process, wherein the partition process comprises:
The limitation as recited in the preamble does not make it clear whether the computer readable medium contains instructions to perform the decoding process or not. Additionally, it is not clear if the decoder performing a partition process is operating on the bitstream stored on the medium or not since the claim appears to recite two separate functions.
In accordance with compact prosecution as prescribed in MPEP 2173.06, claim language is interpreted as follows: Patentable weight is given to data stored on a computer-readable medium when there exists a functional relationship between the data and its associated substrate. MPEP 2111.05 III. For example, if a claim is drawn to a computer-readable medium containing programming, a functional relationship exists if the programming “performs some function with respect to the computer with which it is associated.” Id. However, if the claim recites that the computer-readable medium merely serves as a support for information or data, no functional relationship exists and the information or data is not given patentable weight. Id.
However, claim 3 is directed to a non-transitory medium storing a bitstream including a current coding block and information. The body of the claim appears to indicate how the bitstream is being generated or decoded. These elements or steps are not performed by an intended computer, and the bitstream is not a form of programming that causes functions to be performed by an intended computer. This shows that the computer-readable medium merely serves as support for the bitstream and provides no functional relationship between the steps/elements that describe the generation or partitioning of the bitstream and intended computer system. Therefore, those claim elements are not given patentable weight. Therefore, claim 3 considered as vague and indefinite.
The claim scope is just a storage medium storing data and is anticipated by reference Seregin et al. (US 2013/0272410) recites a storage medium storing a bitstream (e.g., paragraph 0050).
Double Patenting
3. 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).
4. 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).
5. 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.
6. 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.
7. Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over patented claims 1-2 of U.S. Patent No. 12,160,600, and patented claim 1 of U.S. Patent No. 11,722,684 . Although the conflicting claims are not identical, they are not patentably distinct from each other because they claim the same scope of the invention, but using different variations of the claim language.
18/926018
US 12160600
1. An image encoder comprising: a memory; and a processor coupled to the memory and configured to: determine a current coding block from a coding tree unit (CTU); determine a first partition and a second partition in the current coding block, each partition having a non-rectangular shape, the first partition being overlapped with the second partition; select, for the first partition, only a first uni-prediction motion vector from among bi-prediction motion vector candidates for the first partition; generate a first prediction image of the first partition with the first uni-prediction motion vector selected for the first partition; generate a second prediction image of the second partition with a second uni-prediction motion vector; and generate a prediction image of the current coding block based on the first prediction image and the second prediction image.
1. An image encoder comprising: a memory; and a processor coupled to the memory and configured to: determine a first partition and a second partition in a current coding block, each partition having a non-rectangular shape, the first partition being overlapped with the second partition; select, for the first partition, only a first uni-prediction motion vector from among bi-prediction motion vector candidates for the first partition; generate a first prediction image of the first partition with the first uni-prediction motion vector selected for the first partition; generate a second prediction image of the second partition with a second uni-prediction motion vector; and generate a prediction image of the current coding block based on the first prediction image and the second prediction image.
2. An image decoder comprising: a memory; and a processor coupled to the memory and configured to: determine a current coding block from a coding tree unit (CTU); determine a first partition and a second partition in the current coding block, each partition having a non-rectangular shape, the first partition being overlapped with the second partition; select, for the first partition, only a first uni-prediction motion vector from among bi-prediction motion vector candidates for the first partition; decode the first partition using the first uni-prediction motion vector selected for the first partition, wherein, to decode the first partition, the processor is configured to: generate a first prediction image of the first partition with the first uni-prediction motion vector selected for the first partition; and generate a second prediction image of the second partition with a second uni-prediction motion vector; and generate a prediction image of the current coding block based on the first prediction image and the second prediction image.
Claim 1 of (‘684), An image decoder comprising: a memory; and a processor coupled to the memory and configured to: determine a first partition and a second partition in a current coding block, each partition having a non-rectangular shape, the first partition being overlapped with the second partition; select, for the first partition, only a first uni-prediction motion vector from among bi-prediction motion vector candidates for the first partition; decode the first partition using the first uni-prediction motion vector selected for the first partition, wherein, to decode the first partition, the processor is configured to: generate a first prediction image of the first partition with the first uni-prediction motion vector selected for the first partition; and generate a second prediction image of the second partition with a second uni-prediction motion vector; and generate a prediction image of the current coding block based on the first prediction image and the second prediction image.
3. A non-transitory computer readable medium storing a bitstream, the bitstream including a current coding block and information according to which a decoder performs a partition process, wherein the partition process comprises: determine the current coding block from a coding tree unit (CTU); determining a first partition and a second partition in the current coding block, each partition having a non-rectangular shape, the first partition being overlapped with the second partition; selecting only a first uni-prediction motion vector, for the first partition, from among bi-prediction motion vector candidates for the first partition; generating a first prediction image of the first partition with the first uni-prediction motion vector; generating a second prediction image of the second partition with a second uni-prediction motion vector; and generating a prediction image of the current coding block based on the first prediction image and the second prediction image.
2. A non-transitory computer readable medium storing a bitstream, the bitstream including a current coding block and information according to which a decoder performs a partition process, wherein the partition process comprises: determining a first partition and a second partition in the current coding block, each partition having a non-rectangular shape, the first partition being overlapped with the second partition; selecting only a first uni-prediction motion vector, for the first partition, from among bi-prediction motion vector candidates for the first partition; generating a first prediction image of the first partition with the first uni-prediction motion vector; generating a second prediction image of the second partition with a second uni-prediction motion vector; and generating a prediction image of the current coding block based on the first prediction image and the second prediction image.
Examiner notes that the claims are substantially similar in scope, in which a minor difference is, determine current coding block from a coding tree unit. However, determining or obtaining coding block from a coding tree unit, is notoriously well known in the prior art of video or image processing, and is not specific to the current invention, for example, Abe et al. (US 2025/0106423, claims 1-2), and/or Liao et al. (US 12363287, patented claims 1-2). Therefore, it would have been obvious to one of ordinary skill in the art to implement such known teaching.
In view of the above, allowing claims 1-3 of the instant application would result in an
unjustified or improper time-wise extension of the "right to exclude" granted by a patent. See In re
Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Feb. Cir. 1993).
Contact Information
8. Any inquiry concerning this communication or earlier communications from the examiner
should be directed to Behrooz Senfi, whose telephone number is (571)272-7339. The examiner can
normally be reached on Monday-Friday 10:00-6:00.
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Christopher Kelley can be reached on 571 272 7331. The fax phone number for the organization where
this application or proceeding is assigned is 571-273-8300.
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/BEHROOZ M SENFI/Primary Examiner, Art Unit 2482