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
This application discloses and claims only subject matter disclosed in prior application, and names the inventor or at least one joint inventor named in the prior application. Accordingly, this application may constitute a continuation or divisional. Should applicant desire to claim the benefit of the filing date of the prior application, attention is directed to 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq. The presentation of a benefit claim may result in an additional fee under 37 CFR 1.17(w)(1) or (2) being required, if the earliest filing date for which benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c) and 1.78(d) in the application is more than six years before the actual filing date of the application.
Information Disclosure Statement
The information disclosure statements (IDS)s submitted on 03/03/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Instant application
US12170764
US11930167
US11533478
Claim 21: A method for video encoding in a video encoder, the method comprising: determining an intra prediction angle based on a predetermined plurality of intra prediction modes and a corresponding predetermined plurality of intra prediction angles, the determined intra prediction angle corresponding to an intra prediction mode that is a directional intra prediction mode and not a planar intra prediction mode, the intra prediction angle being (i) beyond a bottom left direction 45 degrees from a horizontal diagonal mode; or (ii) beyond a top right direction 45 degrees from the horizontal diagonal mode; and encoding at least one sample of a block in a video sequence based on the intra prediction angle that is determined to correspond to the intra prediction mode.
Claim 21: A method of processing visual media data, the method comprising: performing a conversion between a visual media file and a bitstream of visual media data according to a format rule, wherein the bitstream includes a block of the visual media data encoded based on an intra prediction angle corresponding to an intra prediction mode that is a directional intra prediction mode and not a planar intra prediction mode, the intra prediction angle being (i) beyond a bottom left direction 45 degrees from horizontal mode, or (ii) beyond a top right direction 45 degrees from the horizontal mode, and the bitstream includes the intra prediction mode based on a predetermined plurality of intra prediction modes and a corresponding predetermined plurality of intra prediction angles, the intra prediction mode corresponding to the intra prediction angle of the block.
Claim 21: A method for video encoding, the method comprising:
determining an intra prediction angle corresponding to an intra prediction mode that is a
directional intra prediction mode and not a planar intra prediction mode, the intra prediction
angle being (i) beyond a bottom left direction 45 degrees from horizontal mode, or (ii) beyond a
top right direction 45 degrees from the horizontal mode;
encoding at least one sample of a block based on the intra prediction angle in a
bitstream; and encoding the intra prediction mode in the bitstream based on a relationship between a predetermined plurality of intra prediction modes and a corresponding predetermined plurality of intra prediction angles, the intra prediction mode corresponding to the determined intra prediction angle, wherein the predetermined plurality of intra prediction modes includes ten intra prediction modes that are beyond the bottom left direction; and the predetermined plurality of intra prediction modes includes ten intra prediction modes that are beyond the top right direction.
Claim 1: A method for video decoding in a video decoder, the method comprising: decoding a coded video sequence to obtain an intra prediction mode that is a directional intra prediction mode and not a planar intra prediction mode; determining an intra prediction angle, based on a predetermined plurality of intra prediction modes and a corresponding predetermined plurality of intra prediction angles, the determined intra prediction angle corresponding to the obtained intra prediction mode, the intra prediction angle being (i) beyond a bottom left direction 45 degrees from horizontal diagonal mode, or (ii) beyond a top right direction 45 degrees from horizontal diagonal mode; and reconstructing at least one sample of a block based on the intra prediction angle that is determined to correspond to the obtained intra prediction mode.
Claims 21-40 rejected on the ground of nonstatutory double patenting as being unpatentable over claims presented in U.S. Patents identified in the above table. Although the claims at issue are not identical, they are not patentably distinct from each other because it would be obvious to one of ordinary skill in the art to signal the coding parameters in the bitstream.
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.
Claims 21-22, 25, 30 and 37-38 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ramasubramonian et al. (US20200007870) (hereinafter Ram).
Regarding claim 21, Ram discloses a method for video encoding in a video encoder, the method comprising: determining an intra prediction angle based on a predetermined plurality of intra prediction modes and a corresponding predetermined plurality of intra prediction angles, the determined intra prediction angle corresponding to an intra prediction mode that is a directional intra prediction mode and not a planar intra prediction mode, the intra prediction angle being (i) beyond a bottom left direction 45 degrees from a horizontal diagonal mode; or (ii) beyond a top right direction 45 degrees from the horizontal diagonal mode [Figs. 3-7, 0108, 0134-0148, 0157; determine intra prediction mode and angle including beyond 45 degrees in horizontal and vertical directions].
encoding at least one sample of a block in a video sequence based on the intra prediction angle that is determined to correspond to the intra prediction mode [ABS, 0022-0023, 0053-0055; coding video data utilizing a variety of parameters including intra prediction angle and mode].
Regarding claim 22, Ram discloses wherein a relationship between the predetermined plurality of intra prediction modes and the corresponding predetermined plurality of intra prediction angles is a look-up table [Figs. 3-7, 0134-0148, 0157-0164; using table of intra prediction modes and angles during coding process].
Regarding claim 25, Ram discloses encoding the at least one sample of the block that is a non-square block based on the relationship between the predetermined plurality of intra prediction modes and the predetermined plurality of intra prediction angles [Figs. 3-7, 0082-0087 0134-0148, 0157-0164; coding blocs that are square and non-square].
Regarding claim 30, Ram discloses wherein the intra prediction modes go below mode 2 of an HEVC (High Efficiency Video Coding) standard; and the intra prediction modes go above mode 34 of the HEVC standard [Figs. 3-7, 0108, 0134-0148, 0157; determine intra prediction mode and angle including beyond 45 degrees in horizontal and vertical directions].
Regarding claim 37, Ram discloses a non-transitory computer-readable storage medium storing instructions which when executed by a processor cause the processor to perform an encoding method comprising (Fig. 1; CRM):
determining an intra prediction angle based on a predetermined plurality of intra prediction modes and a corresponding predetermined plurality of intra prediction angles, the determined intra prediction angle corresponding to an intra prediction mode that is a directional intra prediction mode and not a planar intra prediction mode, the intra prediction angle being (i) beyond a bottom left direction 45 degrees from a horizontal diagonal mode; or (ii) beyond a top right direction 45 degrees from the horizontal diagonal mode [Figs. 3-7, 0108, 0134-0148, 0157; determine intra prediction mode and angle including beyond 45 degrees in horizontal and vertical directions].
encoding at least one sample of a block in a video sequence based on the intra prediction angle that is determined to correspond to the intra prediction mode [ABS, 0022-0023, 0053-0055; coding video data utilizing a variety of parameters including intra prediction angle and mode].
transmitting a bitstream including the video sequence [0098; outputting bitstream with coded video data].
Regarding claim 38, Ram discloses wherein a relationship between the predetermined plurality of intra prediction modes and the corresponding predetermined plurality of intra prediction angles is a look-up table [Figs. 3-7, 0134-0148, 0157-0164; using table of intra prediction modes and angles during coding process].
Allowable Subject Matter
Claims 23-24, 26-29, 31-36 and 39-40 are 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 including the resolution of any double patenting issues and any 35 USC 101/112 issues.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TALHA M NAWAZ whose telephone number is (571)270-5439. The examiner can normally be reached Flex, M-R 6:30am-3:30pm; F 8:30am-12:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joe G Ustaris can be reached at 571-272-7383. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TALHA M NAWAZ/Primary Examiner, Art Unit 2483