CTNF 18/938,538 CTNF 88995 DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claims 1-6, all the claims pending in the application, are rejected. Double Patenting 08-33 AIA 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. 08-34 AIA Claim s 1-6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-6 of U.S. Patent No. 12,177,461 (hereinafter “the ‘461 patent”) . Although the claims at issue are not identical, they are not patentably distinct from each other because the ‘461 patent claims anticipate the present claims . As to independent claim 1, claim 1 of ‘461 patent requires a method for image decoding that supports a plurality of layers, the method being performed by a decoding apparatus and comprising (“A method for image decoding that supports a plurality of layers, the method being performed by a decoding apparatus and comprising”) : decoding a first picture of a first layer (“decoding a first picture of a first layer”) ; generating a reference picture list for a second picture of a second layer, the reference picture list comprising the first picture of the first layer (“generating a reference picture list for a second picture of a second layer, the reference picture list comprising the first picture of the first layer”) ; selecting one of reference pictures included in the reference picture list as a collocated picture, the collocated picture being selected based on collocated picture index information explicitly signaled via a bitstream (“selecting one of reference pictures included in the reference picture list as a collocated picture, the collocated picture being selected based on collocated picture index information explicitly signaled via a bitstream”) ; obtaining a temporal merge candidate of a current block based on a collocated block included in the collocated picture, the current block being included in the second picture of the second layer (“obtaining a temporal motion vector predictor of a current block based on a collocated block included in the collocated picture, the current block being included in the second picture of the second layer”) ; obtaining motion information of the current block from a merge candidate list including the temporal merge candidate (“obtaining a motion vector of the current block by summing a motion vector predictor, selected from a motion vector predictor list including the temporal motion vector predictor and a motion vector difference”) ; and obtaining prediction samples of the current block based on a reference picture included in the reference picture list and the motion vector of the current block, the reference picture being selected based on reference picture index information explicitly signaled via the bitstream (“obtaining prediction samples of the current block based on a reference picture included in the reference picture list and the motion vector of the current block, the reference picture being selected based on reference picture index information explicitly signaled via the bitstream”) , wherein the first layer is a base layer and the second layer is an enhancement layer (“wherein the first layer is a base layer and the second layer is an enhancement layer”) , and wherein, in response to the first layer has a resolution different from the second layer, the first picture of the first layer is not selected as the collocated picture, and the collocated picture has a picture order count different from the second picture of the second layer (“wherein, in response to the first layer has a resolution different from the second layer, the first picture of the first layer is not selected as the collocated picture, and the collocated picture has a picture order count different from the second picture of the second layer”). Claims 2-4 of the subject application are rejected over claims 2-4, respectively, of the ‘461 patent since these claims recite identical features. As to independent claim 5, claim 5 of the ‘461 patent requires a method for image encoding that supports a plurality of layers, the method being performed by an encoding apparatus and comprising (“A method for image encoding that supports a plurality of layers, the method being performed by an encoding apparatus and comprising”) : reconstructing a first picture of a first layer (“reconstructing a first picture of a first layer”) ; generating a reference picture list for a second picture of a second layer, the reference picture list comprising the first picture of the first layer (“generating a reference picture list for a second picture of a second layer, the reference picture list comprising the first picture of the first layer”) ; selecting one of reference pictures included in the reference picture list as a collocated picture, collocated picture index information indicating the collocated picture among reference pictures being explicitly encoded into a bitstream (“selecting one of reference pictures included in the reference picture list as a collocated picture, collocated picture index information indicating the collocated picture among reference pictures being explicitly encoded into a bitstream”) ; obtaining a temporal merge candidate of a current block based on a collocated block included in the collocated picture, the current block being included in the second picture of the second layer (“obtaining a temporal motion vector predictor of a current block based on a collocated block included in the collocated picture, the current block being included in the second picture of the second layer”) ; and obtaining prediction samples of the current block based on motion information of the current block (“obtaining prediction samples of the current block based on a reference picture included in the reference picture list and a motion vector of the current block”) , wherein the motion information of the current block is encoded based on a merge candidate list including the temporal merge candidate (“encoding a motion vector difference of the current block based on the motion vector of the current block and a motion vector predictor selected from a motion vector predictor list including the temporal motion vector predictor”) , wherein the first layer is a base layer and the second layer is an enhancement layer (“wherein the first layer is a base layer and the second layer is an enhancement layer”) , and wherein, in response to the first layer has a resolution different from the second layer, the first picture of the first layer is not selected as the collocated-picture, and the collocated picture has a picture order count different from the second picture of the second layer (“wherein, in response to the first layer has a resolution different from the second layer, the first picture of the first layer is not selected as the collocated-picture, and the collocated picture has a picture order count different from the second picture of the second layer”). As to independent claim 6, claim 6 of the ‘461 patent requires a non-transitory computer-readable medium storing a bitstream generated by a method for image encoding that supports a plurality of layers, the method being performed by an encoding apparatus and comprising (“A non-transitory computer-readable medium storing a bitstream generated by a method for image encoding that supports a plurality of layers, the method being performed by an encoding apparatus and comprising”) : reconstructing a first picture of a first layer (“reconstructing a first picture of a first layer”) ; generating a reference picture list for a second picture of a second layer, the reference picture list comprising the first picture of the first layer (“generating a reference picture list for a second picture of a second layer, the reference picture list comprising the first picture of the first layer”) ; selecting one of reference pictures included in the reference picture list as a collocated picture, collocated picture index information indicating the collocated picture among reference pictures being explicitly encoded into a bitstream (“selecting one of reference pictures included in the reference picture list as a collocated picture, collocated picture index information indicating the collocated picture among reference pictures being explicitly encoded into a bitstream”) ; obtaining a temporal merge candidate of a current block based on a collocated block included in the collocated picture, the current block being included in the second picture of the second layer (“obtaining a temporal motion vector predictor of a current block based on a collocated block included in the collocated picture, the current block being included in the second picture of the second layer”) ; and obtaining prediction samples of the current block based on motion information of the current block (“obtaining prediction samples of the current block based on a reference picture included in the reference picture list and a motion vector of the current block”) , wherein the motion information of the current block is encoded based on a merge candidate list including the temporal merge candidate (“encoding a motion vector difference of the current block based on the motion vector of the current block and a motion vector predictor selected from a motion vector predictor list including the temporal motion vector predictor”) , wherein the first layer is a base layer and the second layer is an enhancement layer (“wherein the first layer is a base layer and the second layer is an enhancement layer”) , and wherein, in response to the first layer has a resolution different from the second layer, the first picture of the first layer is not selected as the collocated-picture, and the collocated picture has a picture order count different from the second picture of the second layer (“wherein, in response to the first layer has a resolution different from the second layer, the first picture of the first layer is not selected as the collocated-picture, and the collocated picture has a picture order count different from the second picture of the second layer”) . 08-34 AIA Claim s 1-6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-5 and 9 of U.S. Patent No. 11,778,206 (hereinafter “the ‘206 patent”) . Although the claims at issue are not identical, they are not patentably distinct from each other because the ‘206 patent claims anticipate the present claims . As to independent claim 1, claim 1 of the ‘206 patent requires a method for image decoding that supports a plurality of layers, the method being performed by a decoding apparatus and comprising (“A method for image decoding that supports a plurality of layers, the method being performed by a decoding apparatus and comprising”) : decoding a first picture of a first layer (“decoding a first picture of a first layer”) ; generating a reference picture list for a second picture of a second layer, the reference picture list comprising the first picture of the first layer (“generating a reference picture list for a second picture of a second layer, the reference picture list comprising the first picture of the first layer when the first picture of the first layer is referenced by the second picture of the second layer”) ; selecting one of reference pictures included in the reference picture list as a collocated picture, the collocated picture being selected based on collocated picture index information explicitly signaled via a bitstream (“selecting one of reference pictures included in the reference picture list as a collocated picture, the collocated picture being selected based on collocated picture index information explicitly signaled via a bitstream”) ; obtaining a temporal merge candidate of a current block based on a collocated block included in the collocated picture, the current block being included in the second picture of the second layer (“obtaining a temporal motion vector predictor of a current block based on a collocated block included in the collocated picture, the current block being included in the second picture of the second layer”) ; obtaining motion information of the current block from a merge candidate list including the temporal merge candidate (“obtaining a motion vector of the current block based on motion vector predictor list including the temporal motion vector predictor”) ; and obtaining prediction samples of the current block based on a reference picture included in the reference picture list and the motion vector of the current block, the reference picture being selected based on reference picture index information explicitly signaled via the bitstream (“obtaining prediction samples of the current block based on a reference picture included in the reference picture list and the motion vector of the current block, the reference picture being selected based on reference picture index information explicitly signaled via the bitstream”) , wherein the first layer is a base layer and the second layer is an enhancement layer (“wherein the first layer is a base layer and the second layer is an enhancement layer”) , and wherein, in response to the first layer has a resolution different from the second layer, the first picture of the first layer is not selected as the collocated picture, and the collocated picture has a picture order count different from the second picture of the second layer (“wherein, in response to the first layer has a resolution different from the second layer, the first picture of the first layer is not selected as the collocated picture, and the collocated picture has a picture order count different from the second picture of the second layer”). Claims 2-4 of the subject application are rejected over claims 2-4, respectively, of the ‘206 patent since these claims recite identical features. As to independent claim 5, claim 5 of the ‘206 patent requires a method for image encoding that supports a plurality of layers, the method being performed by an encoding apparatus and comprising (“A method for image encoding that supports a plurality of layers, the method being performed by an encoding apparatus and comprising”) : reconstructing a first picture of a first layer (“reconstructing a first picture of a first layer”) ; generating a reference picture list for a second picture of a second layer, the reference picture list comprising the first picture of the first layer (“generating a reference picture list for a second picture of a second layer, the reference picture list comprising the first picture of the first layer when the first picture of the first layer is referenced by the second picture of the second layer”) ; selecting one of reference pictures included in the reference picture list as a collocated picture, collocated picture index information indicating the collocated picture among reference pictures being explicitly encoded into a bitstream (“selecting one of reference pictures included in the reference picture list as a collocated picture, collocated index information indicating the collocated picture among reference pictures being explicitly encoded into a bitstream”) ; obtaining a temporal merge candidate of a current block based on a collocated block included in the collocated picture, the current block being included in the second picture of the second layer (“obtaining a temporal motion vector predictor of a current block based on a collocated block included in the collocated picture, the current block being included in the second picture of the second layer”) ; and obtaining prediction samples of the current block based on motion information of the current block (“obtaining prediction samples of the current block based on a reference picture included in the reference picture list and the motion vector of the current block”) , wherein the motion information of the current block is encoded based on a merge candidate list including the temporal merge candidate (“obtaining a motion vector of the current block based on motion vector predictor list including the temporal motion vector predictor”) , wherein the first layer is a base layer and the second layer is an enhancement layer (“wherein the first layer is a base layer and the second layer is an enhancement layer”) , and wherein, in response to the first layer has a resolution different from the second layer, the first picture of the first layer is not selected as the collocated-picture, and the collocated picture has a picture order count different from the second picture of the second layer (“wherein, in response to the first layer has a resolution different from the second layer, the first picture of the first layer is not selected as the collocated-picture, and the collocated picture has a picture order count different from the second picture of the second layer”). As to independent claim 6, claim 9 of the ‘206 patent requires a non-transitory computer-readable medium storing a bitstream generated by a method for image encoding that supports a plurality of layers, the method being performed by an encoding apparatus and comprising (“A non-transitory computer-readable medium storing a bitstream generated by a method for image encoding that supports a plurality of layers, the method being performed by an encoding apparatus and comprising”) : reconstructing a first picture of a first layer (“reconstructing a first picture of a first layer”) ; generating a reference picture list for a second picture of a second layer, the reference picture list comprising the first picture of the first layer (“generating a reference picture list for a second picture of a second layer, the reference picture list comprising the first picture of the first layer when the first picture of the first layer is referenced by the second picture of the second layer”) ; selecting one of reference pictures included in the reference picture list as a collocated picture, collocated picture index information indicating the collocated picture among reference pictures being explicitly encoded into a bitstream (“selecting one of reference pictures included in the reference picture list as a collocated picture, collocated index information indicating the collocated picture among reference pictures being explicitly encoded into a bitstream”) ; obtaining a temporal merge candidate of a current block based on a collocated block included in the collocated picture, the current block being included in the second picture of the second layer (“obtaining a temporal motion vector predictor of a current block based on a collocated block included in the collocated picture, the current block being included in the second picture of the second layer”) ; and obtaining prediction samples of the current block based on motion information of the current block (“obtaining prediction samples of the current block based on a reference picture included in the reference picture list and the motion vector of the current block”) , wherein the motion information of the current block is encoded based on a merge candidate list including the temporal merge candidate (“obtaining a motion vector of the current block based on motion vector predictor list including the temporal motion vector predictor”) , wherein the first layer is a base layer and the second layer is an enhancement layer (“wherein the first layer is a base layer and the second layer is an enhancement layer”) , and wherein, in response to the first layer has a resolution different from the second layer, the first picture of the first layer is not selected as the collocated-picture, and the collocated picture has a picture order count different from the second picture of the second layer (“wherein, in response to the first layer has a resolution different from the second layer, the first picture of the first layer is not selected as the collocated-picture, and the collocated picture has a picture order count different from the second picture of the second layer”). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN M CONNER whose telephone number is (571)272-1486. The examiner can normally be reached 10 AM - 6 PM Monday through Friday, and some Saturday afternoons. 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, Greg Morse can be reached at (571) 272-3838. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SEAN M CONNER/Primary Examiner, Art Unit 2663 Application/Control Number: 18/938,538 Page 2 Art Unit: 2663
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