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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/24/2026 has been entered.
Response to Amendment
This Office Action is in response to communications filed 07/24/2026 and 06/24/2026. Claims 1-3 are pending.
Response to Arguments
Applicant's arguments filed 06/24/2026 have been fully considered but they are not persuasive.
Regarding Claim interpretation, the applicant argues that the applicant is not conceding to the appropriateness of these interpretations and has amended the claims to include determining whether to obtain (or generate) the minimum quantization parameter information based on the value of the transform skip enable information and/or the palette coding enable information. The applicant argues that this setup does not have a condition precedent.
In response to the argument, the examiner respectfully disagrees. Zhao discloses determining whether to obtain minimum quantization parameter information based on at least one of the palette coding enabled information or the transform skip enabled information (Page 8, paragraph 0097, see last sentence, Page 16, paragraph 0146 – based on the minimum quantization parameter value).
The examiner notes that determining whether to obtain is a contingent limitation. It is determining whether or not. The examiner also notes that there is an alternative within the contingent limitation (either palette coding enabled information or the transform skip enabled information). Zhao discloses determining to obtain minimum quantization parameter information (paragraph 0147) based on the transform skip mode (enabled information is “1” as stated in paragraph 0097).
Regarding claim 1,the claim recites determining whether to obtain minimum quantization parameter information based on at least one of the palette coding enabled information or the transform skip enabled information. The claim requires either to obtain or not obtain and the decision is based on either palette coding enabled information or transform skip information. The claim does not require both transform skip and palette coding by its own claim language, only 1 is required. The claim does not require a transform, a transform skip, and palette coding not be applied. These are all separate clauses.
Regarding Claim 2-3, the claim recites determining whether to generate minimum quantization parameter information based on at least one of the palette coding enabled information or the transform skip enabled information. The claim requires either to generate or not generate and the decision is based on either palette coding enabled information or transform skip enabled information. The claim does not require both transform skip and palette coding by its own claim language, only 1 is required. The claim does not require a transform, a transform skip, and palette coding not be applied. These are all separate clauses.
The examiner notes that the MPEP states that a system (or apparatus or product) requires the structure performing the function which would include the structure to be capable of performing the function but this is different from a method because the system claim has the structure. MPEP 2111.04(II)
The MPEP further states When analyzing the claimed method as a whole, the PTAB determined that giving the claim its broadest reasonable interpretation, “[i]f the condition for performing a contingent step is not satisfied, the performance recited by the step need not be carried out in order for the claimed method to be performed” (quotation omitted). Schulhauser at 10. Therefore "[t]he Examiner did not need to present evidence of the obviousness of the [ ] method steps of claim 1 that are not required to be performed under a broadest reasonable interpretation of the claim (e.g., instances in which the electrocardiac signal data is not within the threshold electrocardiac criteria such that the condition precedent for the determining step and the remaining steps of claim 1 has not been met);" however to render the claimed system obvious, the prior art must teach the structure that performs the function of the contingent step along with the other recited claim limitations. Schulhauser at 9, 14.
Regarding the prior art rejection with Zhao, the applicant argues Zhao does not teach determining whether to obtain minimum quantization parameter information based on at least one of the palette coding enabled information or the transform skip enabled information. Specifically, Zhao does not disclose the scenario in which both flags are 0 and the min QP information is therefore excluded from the image information. The mere co-existence of the three syntax elements in Zhao's bitstream syntax does not teach or suggest a contingent dependency between them.
In response to the argument, the examiner respectfully disagrees. Zhao discloses determining whether to obtain minimum quantization parameter information based on at least one of the palette coding enabled information or the transform skip enabled information (Page 8, paragraph 0097, see last sentence, Page 16, paragraph 0146 – based on the transform skip mode determining minimum quantization parameter value). The examiner notes that determining whether to obtain is a contingent limitation. It is determining whether or not. The examiner also notes that there is an alternative within the contingent limitation (either palette coding enabled information or the transform skip enabled information). Zhao discloses determining to obtain minimum quantization parameter information (paragraph 0147) based on the transform skip mode (enabled information is “1” as stated in paragraph 0097).
The applicant appears to be arguing the contingent limitations (see response to arguments above, and claim interpretation below). The determining is based on A and/or B. The claim limitation requires either wherein based on a condition that the value of the transform skip enabled information is 1 or a value of the palette coding enabled information is 1, or wherein based on a condition that both flags are 0. The claim limitation do not require all the conditions. See claim interpretation paragraph below and response to arguments above.
In response to applicant's argument that the reference fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., save the number of bits being transmitted by eliminating redundant or unnecessary data from the bitstream when the coding tools that rely on such information are inactive 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).
Zhao 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, minimum quantization parameter information is obtained from the bitstream (Page 20, paragraph 0186, Page 16-17, Tables 7-9, Page 8, paragraph 0097 – both the values of transform skip and palette coding are 1). Zhao disclose that the minimum QP for transform skip may be signaled – it is necessarily, that the value of transform skip enabled is 1 as minimum QP is being signaled for a transform skip, paragraph 0097 recites that transform skip mode is when the transform skip flag is 1. Therefore, Zhao discloses determining to obtain minimum quantization parameter information (paragraph 0146) based on the transform skip mode (paragraph 0146, enabled information is “1” as stated in paragraph 0097), 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, minimum quantization parameter information is obtained from the bitstream (Page 20, paragraph 0186, Page 16-17, Tables 7-9), wherein based on a case that the transform is not applied to the current block, a residual sample is derived based on the minimum quantization parameter information (Page 7, paragraph 0089, Page 8, paragraph 0097, Page 16, paragraph 0144, Page 16-17, Tables 7-9, Page 20, paragraph 0212, enabled flag as 1 for transform skip mode is determining a transform is not applied – see claim interpretation section above), and wherein based on a case that the palette mode is applied to the current block, an escape value is derived based on the minimum quantization parameter information (Page 20, paragraph 0186, Page 16-17, Tables 7-9). The rejection is maintained.
Regarding prior art rejection of Samuelsson and Jhu, the applicant argues that Samuelsson discloses each syntax element for sps_transform_skip_enabled_flag, sps_palette_enabled_flag, min_qp_prime_ts_minus4 is signaled in SPS. The applicant argues that Samuelsson is similar to Zhao. The applicant argues that Jhu focus on the harmonizations of calculations for quantization and does not teach a signaling structure in the SPS that conditionally includes or excludes this syntax element. The applicant argues that the prior art does not teach determining whether to obtain minimum quantization parameter information based on at least one of the transform skip enabled information or the palette coding enabled information.
In response to the argument, the examiner respectfully disagrees. The claim has contingent limitations. See above for response to arguments for contingencies.
The minimum quantization parameter information is obtained from the bitstream if the palette mode is 1 or transform skip mode is 1. Samuelsson discloses determining whether to obtain minimum quantization parameter information based on at least one of the transform skip enabled information or the palette coding enabled information (Page 12 paragraph 0139 – based on the transform skip mode determining minimum quantization parameter value); 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, minimum quantization parameter information is obtained from the bitstream in the image information (sps_transform_skip_enabled_flag, sps_palette_enabled_flag – Page 9, Table 3 starts at paragraph 0101, Page 16, paragraph 0210, Page 17-18, paragraph 0238, paragraph 0017-0018, Page 12 paragraph 0139). Samuelsson is not used to teach the remaining limitations.
Jhu 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, minimum quantization parameter information is obtained from the bitstream (transform skip flag – it must be 1 for the transform skip block– Page 6, Table 5, Page 8, paragraph 0089, Page 5, paragraph 0054), wherein based on a value of the transform skip enabled information, it is determined whether a transform is applied to a current block, and wherein based on a case that the transform is not applied to the current block, a residual sample is derived based on the minimum quantization parameter information (Page 6, Table 5, Page 8, paragraph 0089, Page 5, paragraph 0054- transform skip is 1 ). The argument of the value of minimum QP is 4 is unpersuasive as no mention of value was disclosed in the claim.
In response to applicant's argument that “This interdependent signaling structure is specifically designed to save the number of bits being transmitted by eliminating redundant or unnecessary data from the bitstream when the coding tools that rely on such information are inactive…it is a deliberate and efficient data structure limitation that enhances the overall compression efficiency of the video codec,” 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.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Claim Interpretation
Note that the limitation “determining whether to obtain minimum quantization parameter information based on at least one of the palette coding enabled information or the transform skip enabled information, 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, minimum quantization parameter information is obtained from the bitstream, and wherein based on a condition that both the value of the transform skip enabled information and the value of the palette coding enabled information are 0, the minimum quantization parameter information is not obtained from the bitstream, wherein based on a value of the transform skip enabled information, it is determined whether a transform is applied to a current block,” are contingent limitations and are not required in method claims. Therefore, any limitations which refers to transform skip enabled information and palette coding enabled information with minimum quantization information are not required to be met. See MPEP 2111.04, II.
Claim 1 has contingencies:
First contingency
determining whether to obtain minimum quantization parameter information based on at least one of the palette coding enabled information or the transform skip enabled information;
First set of contingencies
A value of transform skip enabled information is 1,…minimum quantization information is obtained from the bitstream (value of palette coding enabled information is 0), or
value of palette coding enabled information is 1, minimum quantization information is obtained from the bitstream (value of transform skip enabled information is 0), or
both are 1, minimum quantization information is obtained from the bitstream, or
the value of transform skip enabled information and the value of palette coding enabled information are 0, minimum quantization information is not obtained from the bitstream.
Second set of contingencies
Wherein the value of transform skip enabled information,
Transform skip enabled information is 0, transform is applied or
based on a case that transform is not applied to the current block (this is when transform skip is enabled, the value is 1 per the applicant’s specification) and the residual sample is derived based on minimum quantization parameter information,
Wherein the value of palette coding enabled information…
based on a case that palette coding enabled information, it is determined whether palette mode is applied, based on case palette mode is applied, an escape value is derived based on the minimum quantization parameter, or
No required function (no claim limitation for the case when the palette coding enable information is “0”)
Claims 2-3 have contingencies:
First contingency
determining whether to generate minimum quantization parameter information based on at least one of the transform skip enabled information or the palette coding enabled information;
First set of contingencies
A value of transform skip enabled information is 1,…minimum quantization information is generated (value of palette coding enabled information is 0), or
value of palette coding enabled information is 1… minimum quantization information is generated (value of transform skip enabled information is 0), or
both are 1, minimum quantization information is generated, or
the value of transform skip enabled information and the value of palette coding enabled information are 0, minimum quantization information is not generated.
Second set of contingencies
based on a case that transform is not applied to the current block (this is when transform skip is enabled,
the value is 1 per the applicant’s specification) and the residual sample is derived based on minimum quantization parameter information,
Transform skip enabled information is 0, transform is applied (if transform skip is not 1, it is 0 and therefore transform is applied)
Wherein the value of palette coding enabled information…
based on a case that palette coding enabled information is applied, an escape value is derived based on the minimum quantization parameter, or
No required function (no claim limitation for the case when the palette coding enable information is “0”)
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 2 and 3 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 2 and 3 have been amended to include “determining whether to generate minimum quantization parameter information based on at least one of the transform skip enabled information or the palette coding enabled information;…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 generated, and wherein based on a condition that both the value of the transform skip enabled information and the value of the palette coding enabled information are 0, the minimum quantization parameter information is not generated,…”
The applicant’s specification does not disclose how the minimum quantization parameter information is generated or not generated. The applicant’s claim language is stating that the minimum quantization parameter information is not generated at all versus not being included. Therefore, it is different from the decoding method which obtains or does not obtain (included / not included) based on conditions. The information in the decoding process as described has the information, it is determined if it is obtained or not. The encoding process does not describe generating for one condition and not generating for another condition. The specification discloses information being included (see paragraph 0077, 0087, 0098 of the published application). Please review the specification for the support of the limitations.
For the prior art rejection below, the Office is interpreting the word generate as apply/application.
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 1-3 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhao et al (US 2022/0286701 and hereafter referred to as “Zhao”).
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
It is noted that claim 1-3 has contingent limitations and the contingent limitations are not required to be met. See MPEP 2111.04, II.
Regarding Claim 1, Zhao discloses an image decoding method performed by a decoding apparatus, the method comprising:
obtaining image information including palette coding enabled information and transform skip enabled information from a bitstream (Page 6, paragraph 0075, Page 7, paragraph 0086, 0088, Page 16-17, Tables 7-9); and
determining whether to obtain minimum quantization parameter information based on at least one of the palette coding enabled information or the transform skip enabled information (Page 8, paragraph 0097, see last sentence, Page 16, paragraph 0146 – based on the transform skip mode determining minimum quantization parameter value);
generating a reconstructed sample based on the palette coding enabled information and the transform skip enabled information (Page 7, paragraph 0086, 0088, Page 16-17, Tables 7-9)
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, minimum quantization parameter information is obtained from the bitstream (Page 20, paragraph 0186, Page 16-17, Tables 7-9, Page 8, paragraph 0097, see last sentence), and wherein based on a condition that both the value of the transform skip enabled information and the value of the palette coding enabled information are 0, the minimum quantization parameter information is not obtained from the bitstream,
wherein based on a value of the transform skip enabled information, it is determined whether a transform is applied to a current block, and wherein based on a case that the transform is not applied to the current block, a residual sample is derived based on the minimum quantization parameter information (Page 7, paragraph 0089, Page 8, paragraph 0097, Page 16, paragraph 0144, Page 16-17, Tables 7-9, Page 20, paragraph 0212, enabled flag as 1 for transform skip mode is determining a transform is not applied) and
wherein based on the palette coding enabled information, it is determined whether a palette mode is applied to the current block, and wherein based on a case that the palette mode is applied to the current block, an escape value is derived based on the minimum quantization parameter information (Page 20, paragraph 0186, Page 16-17, Tables 7-9, palette mode is enabled).
Regarding Claim 2, Zhao discloses an image encoding method performed by an encoding apparatus, the method comprising:
generating transform skip enabled information based on whether a transform is applied to a current block (Page 7, paragraph 0086, 0088, Page 16-17, Tables 7-9);
generating palette coding enabled information based on whether palette mode is applied to the current block (Figure 1, Figure 2, Page 7, paragraph 0086, 0088, Page 16-17, Tables 7-9); and
determining whether to generate minimum quantization parameter information based on at least one of the transform skip enabled information or the palette coding enabled information (Page 8, paragraph 0097, see last sentence, Page 16, paragraph 0146 - based on the transform skip mode, encoding process is applying the process for the minimum quantization parameter value);
encoding image information including the transform skip enabled information and the palette coding enabled information (Page 6, paragraph 0075, Page 7, paragraph 0086, 0088, Page 16-17, Tables 7-9),
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, minimum quantization parameter information is generated (Page 20, paragraph 0186, Page 16-17, Tables 7-9), and wherein based on a condition that both the value of the transform skip enabled information and the value of the palette coding enabled information are 0, the minimum quantization parameter information is not generated in the image information,
wherein based on a case that the transform is not applied to the current block, a residual sample is derived based on the minimum quantization parameter information (Page 7, paragraph 0089, Page 8, paragraph 0097, Page 16, paragraph 0144, Page 16-17, Tables 7-9, Page 20, paragraph 0212, enabled flag as 1 for transform skip mode is determining a transform is not applied – see claim interpretation section above), and
wherein based on a case that the palette mode is applied to the current block, an escape value is derived based on the minimum quantization parameter information (Page 20, paragraph 0186, Page 16-17, Tables 7-9).
Regarding Claim 3, Zhao discloses a transmission method of data for image, the transmission method comprising:
obtaining a bitstream, wherein the bitstream is generated by performing generating transform skip enabled information based on whether transform is applied to a current block (Page 6, paragraph 0075, Page 7, paragraph 0086, 0088, Page 16-17, Tables 7-9),
generating palette coding enabled information based on whether palette mode is applied to the current block (Figure 1, Figure 2, Page 7, paragraph 0086, 0088, Page 16-17, Tables 7-9),
determining whether to generate minimum quantization parameter information based on at least one of the transform skip enabled information or the palette coding enabled information (Page 8, paragraph 0097, see last sentence, Page 16, paragraph 0146 – based on the minimum quantization parameter value, encoding process is applying the process for the minimum quantization parameter value);
and
encoding image information including the transform skip enabled information and the palette coding enabled information (Page 6, paragraph 0075, Page 7, paragraph 0086, 0088, Page 16-17, Tables 7-9),
and
transmitting the data comprising the bitstream (Figure 1, transmitting, Figure 2, outputting bitstream for transmitting, Page 21, paragraph 0203),
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, minimum quantization parameter information is obtained from the bitstream (Page 20, paragraph 0186, Page 16-17, Tables 7-9), and wherein based on a condition that both the value of the transform skip enabled information and the value of the palette coding enabled information are 0, the minimum quantization parameter information is not obtained from the bitstream,
wherein based on a case that the transform is not applied to the current block, a residual sample is derived based on the minimum quantization parameter information (Page 7, paragraph 0089, Page 8, paragraph 0097, Page 16, paragraph 0144, Page 16-17, Tables 7-9, Page 20, paragraph 0212, enabled flag as 1 for transform skip mode is determining a transform is not applied ), and
wherein based on a case that the palette mode is applied to the current block, an escape value is derived based on the minimum quantization parameter information (Page 20, paragraph 0186, Page 16-17, Tables 7-9).
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over
Samuelsson et al (US 2022/0353536 and hereafter referred to as “Samuelsson”)
in view of Jhu (US 2022/0217349 and hereafter referred to as “Helmrich”).
It is noted that claim 1-3 has contingent limitations and the contingent limitations are not required to be met. See MPEP 2111.04, II. and claim interpretation section .
Regarding Claim 1, Samuelsson discloses an image decoding method performed by a decoding apparatus, the method comprising:
obtaining image information including palette coding enabled information and transform skip enabled information from a bitstream (Page 48, paragraph 0666, Figure 6, Table 3 starts at Page 9, paragraph 0101, Page 16, paragraph 0210, Page 2, paragraph 0017-0018); and
determining whether to obtain minimum quantization parameter information based on at least one of the transform skip enabled information or the palette coding enabled information (Page 12 paragraph 0139 – based on the transform skip mode determining minimum quantization parameter value);
generating a reconstructed sample based on the palette coding enabled information and the transform skip enabled information (Page 38, paragraph 0570, see also paragraph 0569, Page 48, paragraph 0664, 0666),
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, minimum quantization parameter information is obtained from the bitstream (sps_transform_skip_enabled_flag, sps_palette_enabled_flag – Page 9, Table 3 starts at paragraph 0101, Page 16, paragraph 0210, Page 17-18, paragraph 0238, paragraph 0017-0018, Page 12 paragraph 0139).
Samuelsson does not explicitly disclose wherein based on a condition that both the value of the transform skip enabled information and the value of the palette coding enabled information are 0, the minimum quantization parameter information is not obtained from the bitstream, wherein based on a value of the transform skip enabled information, it is determined whether a transform is applied to a current block, and wherein based on a case that the transform is not applied to the current block, a residual sample is derived based on the minimum quantization parameter information.
Jhu 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, minimum quantization parameter information is obtained from the bitstream (transform skip flag– Page 6, Table 5, Page 8, paragraph 0088-0089, Page 5, paragraph 0054) and wherein based on a condition that both the value of the transform skip enabled information and the value of the palette coding enabled information are 0, the minimum quantization parameter information is not obtained from the bitstream,
wherein based on a value of the transform skip enabled information, it is determined whether a transform is applied to a current block, and wherein based on a case that the transform is not applied to the current block, a residual sample is derived based on the minimum quantization parameter information (Page 6, Table 5, Page 8, paragraph 0088-0089, Page 5, paragraph 0054), and
wherein based on the palette coding enabled information, it is determined whether a palette mode is applied to the current block, and wherein based on a case that the palette mode is applied to the current block, an escape value is derived based on the minimum quantization parameter information.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Samuelsson to include the missing limitations as taught by Jhu in order to minimize degradation to video quality (paragraph 0003) as disclosed by Jhu.
Regarding Claim 2, Samuelsson discloses an image encoding method performed by an encoding apparatus, the method comprising:
generating transform skip enabled information based on whether a transform is applied to a current block (Figure 1, 106, Figure 5, Page 48, paragraph 0666, Figure 6, sps_transform_skip_enabled_flag, Table 3 starts at Page 9, paragraph 0101, Page 16, paragraph 0210, Page 2, paragraph 0017-001);
generating palette coding enabled information based on whether palette mode is applied to the current block (sps_palette_enabled_flag – Page 9, Table 3 starts at paragraph 0101, Page 16, paragraph 0210, Page 17-18, paragraph 0238, paragraph 0017-0018, Page 12 paragraph 0139); and
determining whether to generate minimum quantization parameter information based on at least one of the transform skip enabled information or the palette coding enabled information (Page 12 paragraph 0139 – based on the transform skip mode determining minimum quantization parameter value);
encoding image information including the transform skip enabled information and the palette coding enabled information (Figure 1, Figure 5, Page 9, Table 3 starts at paragraph 0101, Page 16, paragraph 0210, Page 17-18, paragraph 0238, paragraph 0017-0018, Page 12 paragraph 0139),
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, minimum quantization parameter information is generated (sps_transform_skip_enabled_flag, sps_palette_enabled_flag – Page 9, Table 3 starts at paragraph 0101, Page 16, paragraph 0210, Page 17-18, paragraph 0238, paragraph 0017-0018, Page 12 paragraph 0139), and wherein based on a condition that both the value of the transform skip enabled information and the value of the palette coding enabled information are 0, the minimum quantization parameter information is not generated.
Samuelsson does not explicitly disclose wherein based on a case that the transform is not applied to the current block, a residual sample is derived based on the minimum quantization parameter information, and wherein based on a case that the palette mode is applied to the current block, an escape value is derived based on the minimum quantization parameter information.
Jhu 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, minimum quantization parameter information is obtained from the bitstream (transform skip flag– Page 6, Table 5, Page 8, paragraph 0089, , Page 5, paragraph 0054) and wherein based on a condition that both the value of the transform skip enabled information and the value of the palette coding enabled information are 0, the minimum quantization parameter information is not obtained from the bitstream,
wherein based on a case that the transform is not applied to the current block, a residual sample is derived based on the minimum quantization parameter information, (Page 6, Table 5, Page 8, paragraph 0089, Page 5, paragraph 0054), and
wherein based on the palette coding enabled information, it is determined whether a palette mode is applied to the current block, and wherein based on a case that the palette mode is applied to the current block, an escape value is derived based on the minimum quantization parameter information.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Samuelsson to include the missing limitations as taught by Jhu in order to minimize degradation to video quality (paragraph 0003) as disclosed by Jhu.
Regarding Claim 3, Samuelsson discloses a transmission method of data for image, the transmission method comprising:
obtaining a bitstream, wherein the bitstream is generated by performing generating transform skip enabled information based on whether transform is applied to a current block (Figure 1, Figure 5, Page 9, Table 3 starts at paragraph 0101, Page 16, paragraph 0210, Page 17-18, paragraph 0238, paragraph 0017-0018, Page 12 paragraph 0139),
generating palette coding enabled information based on whether palette mode is applied to the current block (Page 9, Table 3 starts at paragraph 0101, Page 16, paragraph 0210, Page 17-18, paragraph 0238, paragraph 0017-0018, Page 12 paragraph 0139),
determining whether to generate minimum quantization parameter information based on at least one of the transform skip enabled information or the palette coding enabled information (Page 12 paragraph 0139 – based on the transform skip mode determining minimum quantization parameter value);
and
encoding image information including the transform skip enabled information and the palette coding enabled information (Page 9, Table 3 starts at paragraph 0101, Page 16, paragraph 0210, Page 17-18, paragraph 0238, paragraph 0017-0018, Page 12 paragraph 0139, Figure 1, Figure 5),
and
transmitting the data comprising the bitstream (Figure 1, transmitting, Figure 5, outputting bitstream for transmitting, Page 47, paragraph 0661 ),
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, minimum quantization parameter information is generated (sps_transform_skip_enabled_flag, sps_palette_enabled_flag – Page 9, Table 3 starts at paragraph 0101, Page 16, paragraph 0210, Page 17-18, paragraph 0238, paragraph 0017-0018, Page 12 paragraph 0139), and wherein based on a condition that both the value of the transform skip enabled information and the value of the palette coding enabled information are 0, the minimum quantization parameter information is generated.
Samuelsson does not explicitly disclose wherein based on a case that the transform is not applied to the current block, a residual sample is derived based on the minimum quantization parameter information, and wherein based on a case that the palette mode is applied to the current block, an escape value is derived based on the minimum quantization parameter information.
Jhu 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, minimum quantization parameter information is generated (transform skip flag– Page 6, Table 5, Page 8, paragraph 0089, , Page 5, paragraph 0054) and wherein based on a condition that both the value of the transform skip enabled information and the value of the palette coding enabled information are 0, the minimum quantization parameter information is not generated,
wherein based on a case that the transform is not applied to the current block, a residual sample is derived based on the minimum quantization parameter information, (Page 6, Table 5, Page 8, paragraph 0089, Page 5, paragraph 0054), and
wherein based on the palette coding enabled information, it is determined whether a palette mode is applied to the current block, and wherein based on a case that the palette mode is applied to the current block, an escape value is derived based on the minimum quantization parameter information.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Samuelsson to include the missing limitations as taught by Jhu in order to minimize degradation to video quality (paragraph 0003) as disclosed by Jhu.
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.
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Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 12,519,944 in view of Samuelsson.
Regarding Claim 1 of the instant application
Corresponds to 12,519,944
An image decoding method performed by a decoding apparatus, the method comprising:
obtaining image information including palette coding enabled information and transform skip enabled information from a bitstream; and
determining whether to obtain minimum quantization parameter information based on at least one of the palette coding enabled information or the transform skip enabled information;
generating a reconstructed sample based on the palette coding enabled information and the transform skip enabled information,
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 obtained from the bitstream, and wherein based on a condition that both the value of the transform skip enabled information and the value of the palette coding enabled information are 0, the minimum quantization parameter information is not obtained from the bitstream,
herein based on a value of the transform skip enabled information, it is determined whether a transform is applied to a current block, and
wherein based on a case that the transform is not applied to the current block, a residual sample is derived based on the minimum quantization parameter information, and
wherein based on the palette coding enabled information, it is determined whether a palette mode is applied to the current block, and wherein based on a case that the palette mode is applied to the current block, an escape value is derived based on the minimum quantization parameter information.
An image decoding method performed by a decoding apparatus, the method comprising:
obtaining image information including residual information from a bitstream;
(See limitation below)
deriving a residual sample for a current block based on the residual information; and
generating a reconstructed sample based on the residual sample, wherein the image information comprises a sequence parameter set (SPS), wherein the SPS comprises transform skip enabled information, palette coding enabled information, and minimum
quantization parameter information related to a minimum allowed quantization parameter for a transform skip mode, wherein the SPS comprises block-based delta pulse code modulation (BDPCM) enabled information on whether the BDPCM is enabled based on the transform skip enabled information,
wherein it is determined whether the SPS comprises the minimum quantization parameter information, based on at least one of the transform skip enabled information or the palette coding enabled information, 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 comprised in the SPS, and wherein based on a condition that both the value of the transform skip enabled information and the value of the palette coding enabled information are 0, the minimum quantization parameter information is not comprised in the SPS, wherein whether to apply a transform to the current block is determined based on the transform skip enabled information, and wherein for the transform skip mode or a palette mode, the residual sample or an escape value is derived based on the minimum quantization parameter information.
The instant application’s “determining whether to obtain minimum quantization parameter information based on at least one of the palette coding enabled information or the transform skip enabled information; generating a reconstructed sample based on the palette coding enabled information and the transform skip enabled information” are additional limitations. It is noted that US 12,519,944’s claim 1 has a limitation “the image information includes wherein the image information comprises a sequence parameter set (SPS), wherein the SPS comprises transform skip enabled information, palette coding enabled information, and minimum quantization parameter information” which matches the limitation of the instant application.
Samuelsson discloses obtaining image information including palette coding enabled information and transform skip enabled information from a bitstream (Page 48, paragraph 0666, Figure 6, Table 3 starts at Page 9, paragraph 0101, Page 16, paragraph 0210, Page 2, paragraph 0017-0018); and determining whether to obtain minimum quantization parameter information based on at least one of the transform skip enabled information or the palette coding enabled information (Page 12 paragraph 0139 – based on the transform skip mode determining minimum quantization parameter value). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify US 12,166,985 to include the additional limitations as taught by Samuelsson in order to improve compression efficiency.
Claim 2 and 3 of the instant application corresponds to Claims 2 and 3 of US 12,166,985.
Claims 1-3 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of copending Application No. 19/401,890 in view of Samuelsson.
Regarding Claim 1 of the instant application
Corresponds to 19/401,890
An image decoding method performed by a decoding apparatus, the method comprising:
obtaining image information including palette coding enabled information and transform skip enabled information from a bitstream; and
determining whether to obtain minimum quantization parameter information based on at least one of the palette coding enabled information or the transform skip enabled information;
generating a reconstructed sample based on the palette coding enabled information and the transform skip enabled information,
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 obtained from the bitstream, and wherein based on a condition that both the value of the transform skip enabled information and the value of the palette coding enabled information are 0, the minimum quantization parameter information is not obtained from the bitstream,
wherein based on a value of the transform skip enabled information, it is determined whether a transform is applied to a current block, and
wherein based on a case that the transform is not applied to the current block, a residual sample is derived based on the minimum quantization parameter information, and
wherein based on the palette coding enabled information, it is determined whether a palette mode is applied to the current block, and wherein based on a case that the palette mode is applied to the current block, an escape value is derived based on the minimum quantization parameter information.
A decoding apparatus for image decoding, the decoding apparatus comprising:
a memory; and at least one processor connected to the memory, the at least one processor configured to:
obtain image information including residual information from a bitstream; derive a residual sample for a current block based on the residual information; and
generate a reconstructed sample based on the residual sample, wherein the image information comprises a sequence parameter set (SPS), wherein the SPS comprises transform skip enabled information, palette coding enabled information, and minimum quantization parameter information related to a minimum allowed quantization parameter for a transform skip mode, wherein the SPS comprises block-based delta pulse code modulation (BDPCM) enabled information on whether the BDPCM is enabled based on the transform skip enabled information, wherein it is determined whether the SPS comprises the minimum quantization parameter information, based on at least one of the transform skip enabled information or the palette coding enabled information, 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 comprised in the SPS, and wherein based on a condition that both the value of the transform skip enabled information and the value of the palette coding enabled information are 0, the minimum quantization parameter information is not comprised in the SPS, wherein whether to apply a transform to the current block is determined based on the transform skip enabled information, and wherein for the transform skip mode or a palette mode, the residual sample or an escape value is derived based on the minimum quantization parameter information.
The instant application’s “determining whether to obtain minimum quantization parameter information based on at least one of the palette coding enabled information or the transform skip enabled information; generating a reconstructed sample based on the palette coding enabled information and the transform skip enabled information” are additional limitations. It is noted that US 12,519,944’s claim 1 has a limitation “the image information includes wherein the image information comprises a sequence parameter set (SPS), wherein the SPS comprises transform skip enabled information, palette coding enabled information, and minimum quantization parameter information” which matches the limitation of the instant application.
Samuelsson discloses obtaining image information including palette coding enabled information and transform skip enabled information from a bitstream (Page 48, paragraph 0666, Figure 6, Table 3 starts at Page 9, paragraph 0101, Page 16, paragraph 0210, Page 2, paragraph 0017-0018); and determining whether to obtain minimum quantization parameter information based on at least one of the transform skip enabled information or the palette coding enabled information (Page 12 paragraph 0139 – based on the transform skip mode determining minimum quantization parameter value). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify US 19/401,890 to include the additional limitations as taught by Samuelsson in order to improve compression efficiency.
Claim 2 and 3 of the instant application corresponds to Claims 2 and 3 of US 19/401,890.
This is a provisional nonstatutory double patenting rejection.
Conclusion
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/FARZANA HOSSAIN/Primary Examiner, Art Unit 2482
August 26, 2026
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