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 .
Response to Amendment
This Office Action is in response to communications filed 02/02/2026. Claims 1-3 are pending.
Response to Arguments
Applicant's arguments filed 02/02/2026 have been fully considered but they are not persuasive.
Regarding the double patenting rejections, the applicant argues that Helmrich fails to disclose or suggest and mechanism that combines both transform skip mode and palette coding as a joint condition for signaling / parsing of minimum QP information. The applicant is arguing implementing conditional dependency or logic is not taught by Helmrich.
In response to the arguments, the examiner respectfully disagrees. This is a contingent limitation. This is not a joint condition that needs to occur. Also, the limitations are in the alternative. Therefore, the contingencies are 1) transform skip is enabled and minimum quantization parameter is included in the image information, 2) palette coding is enabled and minimum quantization information is included, 3) both are enabled and minimum quantization information is included or 4) both are not enabled and it is unclear what is required if both are 0. A new reference is applied to the double patenting rejections for the new limitation.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., specific parsing rules are optimized based on inter dependency between two distinct coding tools for enhancing bit saving efficiency) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In response to applicant's argument that specific parsing rules are optimized based on inter dependency between two distinct coding tools for enhancing bit saving efficiency, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Claim Interpretation
Note that the limitation “and wherein based on a condition that a value of the transform skip enabled information is 1, or a value of the palette coding enabled information is 1, the minimum quantization parameter information is included in the image information” are contingent limitations and are not required in method claims. See MPEP 2111.04, II.
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.
Claims 1-3 are 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.
Claims 1-3 recite “and wherein based on a condition that a value of the transform skip enabled information is 1, or a value of the palette coding enabled information is 1, the minimum quantization parameter information is included in the image information.”
This is a contingent limitation and has made claims 1-3 unclear and vague because if the transform skip enabled information is “0” or palette coding enabled information “0,” then what occurs for the minimum quantization parameter information?
Claims 1-3 also recite “ wherein whether to apply a transform to the current block is determined based on the transform skip enabled information and the information about the maximum transform skip block size, and the residual samples are derived based on whether to apply the transform and minimum quantization parameter information.” It is noted if the residual samples are not derived, then it is unclear if reconstructed samples are generated.
Please review the language to clarify the step of deriving residual samples as it is unclear what occurs if both transform skip enabled information and palette coding enabled information are 0.
The Office is not providing an art rejection as the claim language now is unclear and vague as to what is required and what is not required.
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.
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.
Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 and 5 of U.S. Patent No. 10917637, claim 1 and 7 of U.S. Patent No. 11297310, claim 1, 7 and 13 of U.S. Patent No. 11,695917, claim 1 of U.S. Patent No. 11979552 in view of Helmrich et al (US 2022/0132169 and hereafter referred to as “Helmrich”) and Samuelsson et al (US 2022/0353536 and hereafter referred to as “Samuelsson”).
Regarding Claim 1 of the instant application corresponds to
Claim 1 of US 10917637
Claim 1 of US 11297310
Claim 1 of US 11695917
Claim 1 of US 11979552
An image decoding method performed by a decoding apparatus, the method comprising:
obtaining image information including prediction mode information and residual information from a bitstream;
deriving prediction samples for a current block based on the prediction mode information;
deriving residual samples for the current block based on the residual information; and
generating reconstructed samples based on the prediction samples and the residual samples,
wherein the image information includes transform skip enabled information, palette coding enabled information, and information about a maximum transform skip block size,
wherein the information about the maximum transform skip block size is included in the image information based on the transform skip enabled information, and specifies a maximum block size used for transform skip,
wherein whether to apply a transform to the current block is determined based on the transform skip enabled information and the information about the maximum transform skip block size, and the residual samples are derived based on whether to apply the transform and minimum quantization parameter information,
wherein the minimum quantization parameter information is information related to a minimum allowed quantization parameter for a transform skip mode, and
wherein based on at least one of the transform skip enabled information or the palette coding enabled information, the minimum quantization parameter information is included in the image information,
and wherein based on a condition that a value of the transform skip enabled information is 1, or a value of the palette coding enabled information is 1, the minimum quantization parameter information is included in the image information.
A method for decoding an image performed by a decoding apparatus, the method comprising:
obtaining prediction mode information and residual related information from a bitstream;
deriving prediction samples of a current block by performing prediction based on the prediction mode information;
deriving residual samples of the current block based on the residual related information; and
generating reconstruction samples of the current block based on the prediction samples and the residual samples,
wherein the residual related information comprises a transform skip flag based on a size of the current block and a maximum transform skip size, wherein the transform skip flag represents whether a transform skip is applied to the current block, and wherein information about the maximum transform skip size is obtained from the bitstream,
wherein the information about the maximum transform skip size includes a log 2 transform skip max size minus2 syntax element, and wherein the maximum transform skip size is derived based on the following equation,
MaxTsSize=1<<(log 2_transform_skip_max_size_minus2+2) where, the MaxTsSize represents the maximum transform skip size, and the log 2 transform skip max size minus2 represents a value of the log 2 transform skip max size minus2 syntax element.
A method for decoding an image performed by a decoding apparatus, the method comprising:
obtaining prediction mode information and residual related information from a bitstream;
deriving prediction mode for a current block based on the prediction mode information;
deriving prediction samples of the current block based on the prediction mode;
deriving residual samples of the current block based on the residual related information; and
generating reconstruction samples of the current block based on the prediction samples and the residual samples,
wherein the prediction mode information is related to whether inter prediction or intra prediction is applied to the current block,
wherein the residual related information comprises a transform skip flag based on a size of the current block and a maximum transform skip size,
wherein the transform skip flag is related to whether a transform skip is applied to the current block,
wherein information about the maximum transform skip size is obtained from the bitstream, wherein the information about the maximum transform skip size includes a log2_transform_skip_max_size_minus2 syntax element, and wherein the maximum transform skip size is derived based on the following equation,
MaxTsSize=1<<(log2_transform_skip_max_size_minus2+2) where, the MaxTsSize represents the maximum transform skip size, and the log2_transform_skip_max_size_minus2 represents a value of the log2_transform_skip_max_size_minus2 syntax element.
An apparatus for image decoding, the apparatus comprising: memory storing instructions that, when executed, cause one or more processors to perform operations comprising:
obtaining prediction mode information and residual related information from a bitstream,
deriving prediction mode for a current block based on the prediction mode information,
deriving prediction samples of the current block based on the prediction mode,
deriving residual samples of the current block based on the residual related information, and
generating reconstruction samples of the current block based on the prediction samples and the residual samples,
wherein the prediction mode information is related to whether inter prediction or intra prediction is applied to the current block,
wherein the residual related information comprises a transform skip flag based on a size of the current block and a maximum transform skip size,
wherein the transform skip flag is related to whether a transform skip is applied to the current block,
wherein information about the maximum transform skip size is obtained from the bitstream, wherein the information about the maximum transform skip size includes a log 2_transform_skip_max_size_minus2 syntax element, and wherein the maximum transform skip size is derived based on the following equation, MaxTsSize=1<<(log2_transform_skip_max_size_minus2+2), where the MaxTsSize represents the maximum transform skip size, and the log 2_transform_skip_max_size_minus2 represents a value of the log 2_transform_skip_max_size_minus2 syntax element.
A method for decoding an image performed by a decoding apparatus, the method comprising:
obtaining prediction mode information and residual related information from a bitstream;
deriving prediction samples of a current block by performing prediction based on the prediction mode information;
deriving residual samples of the current block based on the residual related information; and
generating reconstruction samples of the current block based on the prediction samples and the residual samples,
wherein the residual related information comprises a transform skip flag based on a size of the current block and a maximum transform skip size,
wherein the transform skip flag represents whether a transform skip is applied to the current block,
wherein information about the maximum transform skip size is obtained from the bitstream, wherein the information about the maximum transform skip size is comprised in one of a picture parameter set or a sequence parameter set, wherein one of the picture parameter set or the sequence parameter set comprises a transform skip enabled flag related to whether the transform skip is enabled or not, and wherein the information about the maximum transform skip size is comprised in one of the picture parameter set or the sequence parameter set based on a value of the transform skip flag being equal to 1.
The instant application’s “ minimum quantization parameter information,
wherein the minimum quantization parameter information is information related to a minimum allowed quantization parameter for a transform skip mode, and
wherein based on at least one of the transform skip enabled information or the palette coding enabled information, the minimum quantization parameter information is included in the image information, and wherein based on a condition that a value of the transform skip enabled information is 1, or a value of the palette coding enabled information is 1, the minimum quantization parameter information is included in the image information.” Helmrich discloses obtaining image information including residual information and transform skip enabled information from a bitstream (paragraph 0059, 0061, Figure 2, 14 ); deriving a residual sample based on whether the transform skip is applied and the residual information (paragraph 0097, 0098, 0109, 0201); and generating a reconstructed sample based on the residual sample (paragraph 0070, Figure 6, 0221), wherein based on at least one of the transform skip enabled information or the palette coding enabled information (paragraph 0155), the image information further includes minimum quantization parameter information related to a minimum allowed quantization parameter for a transform skip mode, wherein a quantization parameter for the current block is derived based on the minimum quantization parameter information, and wherein the residual sample is derived based on the quantization parameter (paragraph 0201, 0204, paragraph 0149, 0152-0153, 0155-0157). Samuelsson discloses wherein based on a condition that a value of the transform skip enabled information is 1, or a value of the palette coding enabled information is 1, the minimum quantization parameter information is included in the image information (transform skip mode or palette mode is the value of 1 (Page 1, paragraph 0139). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify 10917637, 11297310, 11,695917, 11979552 to include the additional limitations in order to efficiently compress (paragraph 0013) as disclosed by Helmrich and in order to reduce data requirements by exploiting inherent redundancies (Page 1, paragraph 0004) as disclosed by Samuellson.
Claims 2 of the instant application corresponds to Claims 5 of 10917637 respectively.
Claims 2 of the instant application corresponds to Claim 7 of US 11297310, respectively.
Claims 2-3 of the instant application corresponds to Claim 7 and 13 of US 11,695917 respectively.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FARZANA HOSSAIN whose telephone number is (571)272-5943. The examiner can normally be reached 9:00 am to 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Kelley can be reached at 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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/FARZANA HOSSAIN/Primary Examiner, Art Unit 2482
March 20, 2026