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 statement (IDS) submitted on 11/05/2024 is 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.
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Instant Application (US18937846)
US12170760
Claim 1: A device for decoding pictures, the device comprising: one or more processors; and a memory comprising instructions which, when executed by the one or more processors, perform operations comprising: decoding, from a slice header of a video bitstream, a least significant bits (LSB) syntax element; determining, based at least in part on the LSB syntax element, an LSB value of a picture order count (POC), wherein the POC corresponds to a reference picture in a reference picture set; after decoding the LSB syntax element, determining that the slice header includes a most significant bits (MSB) syntax element; based on the determining that the slice header includes the MSB syntax element, decoding the MSB syntax element; determining, based at least in part on the MSB syntax element, an MSB value of the POC; and deriving the reference picture set using the LSB value of the POC and the MSB value of the POC.
Claim 1: A method of encoding a picture, the method comprising: determining to encode a most significant bits (MSB) value of the POC; based on the determining, encoding in the slice header the MSB value of the POC and a separate indication that the MSB value of the POC is present in a video bitstream, wherein the MSB value is encoded in the slice header after the LSB value; and transmitting the slice header via the video bitstream.
Claim 5: A method of decoding pictures, the method comprising: decoding, from a slice header of a video bitstream, a least significant bits (LSB) syntax element; determining, based at least in part on the LSB syntax element, an LSB value of a picture order count (POC), wherein the POC corresponds to a reference picture in a reference picture set; after decoding the LSB syntax element, determining that the slice header includes a most significant bits (MSB) syntax element; based on the determining that the slice header includes the MSB syntax element, decoding the MSB syntax element; determining, based at least in part on the MSB syntax element, an MSB value of the POC; and deriving the reference picture set using the LSB value of the POC and the MSB value of the POC.
Claim 8: An encoder device comprising: processing hardware configured to perform operations comprising: count (POC) of a reference picture in a reference picture set; determining to encode a most significant bits (MSB) value of the POC; based on the determining, encoding in the slice header the MSB value of the POC and a separate indication that the MSB value of the POC is present in a video bitstream, wherein the MSB value is encoded in the slice header after the LSB value; and transmitting the slice header via the video bitstream.
Claim 14: A method of encoding pictures, the method comprising: deriving a reference picture set using a least significant bits (LSB) value of a picture order count (POC) and a most significant bits (MSB) value of the POC, wherein the POC corresponds to a reference picture in the reference picture set; encoding, in a slice header, an LSB syntax element that corresponds to the LSB value, an MSB syntax element that corresponds to the MSB value, and an indication separate from the MSB syntax element that indicates that the MSB syntax element is present, wherein the MSB syntax element is encoded in the slice header after the LSB syntax element and the indication; and transmitting the slice header via a video bitstream.
Claim 15: A non-transitory computer-readable medium storing instructions, which when executed, cause processing hardware to perform operations comprising: determining to encode a most significant bits (MSB) value of the POC; based on the determining, encoding in the slice header the MSB value of the POC and a separate indication that the MSB value of the POC is present in a video bitstream, wherein the MSB value is encoded in the slice header after the LSB value; and transmitting the slice header via the video bitstream
Claims 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. US12170760. Although the claims at issue are not identical, they are not patentably distinct from each other because it would have been obvious to one of ordinary skill in the art to incorporate the decoding side to the encoding side and utilize the coding information to derive a reference picture set.
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 1-18 are rejected under 35 U.S.C. 102 (a)(2) as being anticipated by Chen et al. (US20130077681) (hereinafter Chen).
Regarding claim 1, Chen discloses a device for decoding pictures, the device comprising: one or more processors; and a memory comprising instructions which, when executed by the one or more processors, perform operations comprising: decoding, from a slice header of a video bitstream, a least significant bits (LSB) syntax element [Figs. 1-8, TBLS 1-2, 0034-0038, 0076-0086, 0122-0133, 0141-0157; indication of coding data in slice header of a bitstream, including LSB, MSB and POC of the video stream].
determining, based at least in part on the LSB syntax element, an LSB value of a picture order count (POC), wherein the POC corresponds to a reference picture in a reference picture set [Figs. 1-8, TBLS 1-2, 0034-0038, 0076-0086, 0122-0133, 0141-0157; deriving long term reference picture parameters utilizing a variety of parameters including LSB, MSB and POC of the video stream].
after decoding the LSB syntax element, determining that the slice header includes a most significant bits (MSB) syntax element; based on the determining that the slice header includes the MSB syntax element, decoding the MSB syntax element [Figs. 1-8, TBLS 1-2, 0034-0038, 0076-0086, 0122-0133, 0141-0157; indication of coding data in slice header of a bitstream, including LSB, MSB and POC of the video stream].
determining, based at least in part on the MSB syntax element, an MSB value of the POC; and deriving the reference picture set using the LSB value of the POC and the MSB value of the POC [Figs. 1-8, TBLS 1-2, 0034-0038, 0076-0086, 0122-0133, 0141-0157; deriving long term reference picture parameters utilizing a variety of parameters including LSB, MSB and POC of the video stream].
Regarding claim 2, Chen discloses storing the reference picture in a picture buffer; and referring to the stored reference picture for inter prediction corresponding to a subsequent picture [TBLS 1-2, 0034-0038, 0076-0086, 0122-0133, 0141-0157; storing and signaling information of long-term reference pictures].
Regarding claim 3, Chen discloses decoding a value indicating a bit length of the LSB syntax element [TBLS 1-2, 0034-0038, 0076-0086, 0122-0133, 0141-0157; coding video data including bit lengths of syntax elements].
Regarding claim 4, Chen discloses wherein the determining that the slice header includes the MSB syntax element is based at least in part on the LSB value of the POC [Figs. 1-8, TBLS 1-2, 0034-0038, 0076-0086, 0122-0133, 0141-0157; indication of coding data in slice header of a bitstream, including LSB, MSB and POC of the video stream].
Regarding claim 5, Chen discloses a method of decoding pictures, the method comprising: decoding, from a slice header of a video bitstream, a least significant bits (LSB) syntax element [Figs. 1-8, TBLS 1-2, 0034-0038, 0076-0086, 0122-0133, 0141-0157; indication of coding data in slice header of a bitstream, including LSB, MSB and POC of the video stream].
determining, based at least in part on the LSB syntax element, an LSB value of a picture order count (POC), wherein the POC corresponds to a reference picture in a reference picture set; after decoding the LSB syntax element, determining that the slice header includes a most significant bits (MSB) syntax element [Figs. 1-8, TBLS 1-2, 0034-0038, 0076-0086, 0122-0133, 0141-0157; performing coding operations including indication of coding data in slice header of a bitstream, including LSB, MSB and POC of the video stream].
based on the determining that the slice header includes the MSB syntax element, decoding the MSB syntax element; determining, based at least in part on the MSB syntax element, an MSB value of the POC; and deriving the reference picture set using the LSB value of the POC and the MSB value of the POC [Figs. 1-8, TBLS 1-2, 0034-0038, 0076-0086, 0122-0133, 0141-0157; deriving long term reference picture parameters utilizing a variety of parameters including LSB, MSB and POC of the video stream].
Regarding claim 6, Chen discloses storing the reference picture in a picture buffer; and referring to the stored reference picture for inter prediction corresponding to a subsequent picture [TBLS 1-2, 0034-0038, 0076-0086, 0122-0133, 0141-0157; storing and signaling information of long-term reference pictures].
Regarding claim 7, Chen discloses decoding a value indicating a bit length of the LSB syntax element [TBLS 1-2, 0034-0038, 0076-0086, 0122-0133, 0141-0157; coding video data including bit lengths of syntax elements].
Regarding claim 8, Chen discloses wherein the determining that the slice header includes the MSB syntax element is based at least in part on the LSB value of the POC [Figs. 1-8, TBLS 1-2, 0034-0038, 0076-0086, 0122-0133, 0141-0157; indication of coding data in slice header of a bitstream, including LSB, MSB and POC of the video stream].
Regarding claim 9, Chen discloses a non-transitory processor-readable medium storing executable instructions which, when executed, cause one or more processors to perform the method of claim 5 [Figs. 1-8, TBLS 1-2; CRM including memory and processors].
Regarding claim 10, Chen discloses a device for encoding pictures, the device comprising: one or more processors; and a memory comprising instructions which, when executed by the one or more processors, perform operations comprising: deriving a reference picture set using a least significant bits (LSB) value of a picture order count (POC) and a most significant bits (MSB) value of the POC, wherein the POC corresponds to a reference picture in the reference picture set [Figs. 1-8, TBLS 1-2, 0034-0038, 0076-0086, 0122-0133, 0141-0157; indication of coding data in slice header of a bitstream, including LSB, MSB and POC of the video stream].
encoding, in a slice header, an LSB syntax element that corresponds to the LSB value, an MSB syntax element that corresponds to the MSB value [Figs. 1-8, TBLS 1-2, 0034-0038, 0076-0086, 0122-0133, 0141-0157; performing coding operations including indication of coding data in slice header of a bitstream, including LSB, MSB and POC of the video stream].
an indication separate from the MSB syntax element that indicates that the MSB syntax element is present, wherein the MSB syntax element is encoded in the slice header after the LSB syntax element and the indication; and transmitting the slice header via a video bitstream [Figs. 1-8, TBLS 1-2, 0034-0038, 0076-0086, 0122-0133, 0141-0157; deriving long term reference picture parameters utilizing a variety of parameters including LSB, MSB and POC of the video stream and signaling MSB and LSB separately].
Regarding claim 11, Chen discloses storing the reference picture in a picture buffer; and referring to the stored reference picture for inter prediction corresponding to a subsequent picture [TBLS 1-2, 0034-0038, 0076-0086, 0122-0133, 0141-0157; storing and signaling information of long-term reference pictures].
Regarding claim 12, Chen discloses encoding a value indicating a bit length of the LSB syntax element [TBLS 1-2, 0034-0038, 0076-0086, 0122-0133, 0141-0157; coding video data including bit lengths of syntax elements].
Regarding claim 13, Chen discloses wherein the indication is based at least in part on the LSB value of the POC [Figs. 1-8, TBLS 1-2, 0034-0038, 0076-0086, 0122-0133, 0141-0157; indication of coding data in slice header of a bitstream, including LSB, MSB and POC of the video stream].
Regarding claim 14, Chen discloses a method of encoding pictures, the method comprising: deriving a reference picture set using a least significant bits (LSB) value of a picture order count (POC) and a most significant bits (MSB) value of the POC, wherein the POC corresponds to a reference picture in the reference picture set [Figs. 1-8, TBLS 1-2, 0034-0038, 0076-0086, 0122-0133, 0141-0157; indication of coding data in slice header of a bitstream, including LSB, MSB and POC of the video stream].
encoding, in a slice header, an LSB syntax element that corresponds to the LSB value, an MSB syntax element that corresponds to the MSB value [Figs. 1-8, TBLS 1-2, 0034-0038, 0076-0086, 0122-0133, 0141-0157; indication of coding data in slice header of a bitstream, including LSB, MSB and POC of the video stream].
an indication separate from the MSB syntax element that indicates that the MSB syntax element is present, wherein the MSB syntax element is encoded in the slice header after the LSB syntax element and the indication; and transmitting the slice header via a video bitstream [Figs. 1-8, TBLS 1-2, 0034-0038, 0076-0086, 0122-0133, 0141-0157; deriving long term reference picture parameters utilizing a variety of parameters including LSB, MSB and POC of the video stream and signaling MSB and LSB separately].
Regarding claim 15, Chen discloses storing the reference picture in a picture buffer; and referring to the stored reference picture for inter prediction corresponding to a subsequent picture [TBLS 1-2, 0034-0038, 0076-0086, 0122-0133, 0141-0157; storing and signaling information of long-term reference pictures].
Regarding claim 16, Chen discloses encoding a value indicating a bit length of the LSB syntax element [TBLS 1-2, 0034-0038, 0076-0086, 0122-0133, 0141-0157; coding video data including bit lengths of syntax elements].
Regarding claim 17, Chen discloses wherein the indication is based at least in part on the LSB value of the POC [Figs. 1-8, TBLS 1-2, 0034-0038, 0076-0086, 0122-0133, 0141-0157; indication of coding data in slice header of a bitstream, including LSB, MSB and POC of the video stream].
Regarding claim 18, Chen discloses a non-transitory processor-readable medium storing executable instructions which, when executed, cause one or more processors to perform the method of claim 14 [Figs. 1-8, TBLS 1-2; CRM including memory and processors].
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.
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/TALHA M NAWAZ/ Primary Examiner, Art Unit 2483