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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 .
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).
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Claims 1-5, 7-12, and 15-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. US 12,167,036 B2 (“Pat 036”). Although the claims at issue are not identical, they are not patentably distinct from each other because
Consider application claim 1, claim 1 of Pat 036 discloses a method implemented by a decoding device and comprising: decoding at least one data stream representative of a multi-view video, said at least one data stream comprising at least coded data representative of at least one sub-image, the coded data comprising texture data and depth data associated with said texture data, said sub-image comprising at least one zone referred to as a useful zone, and at least one zone referred to as a non-useful zone, said useful zone corresponding to a zone extracted from a view of the multi-view video that is not coded in the data stream, the useful zone being intended to be used for generating at least one image of at least one view, the decoding comprising: decoding from said at least one data stream an indicator indicating whether said sub-image is coded according to a first method or according to a second method, when the indicator indicates that said sub-image is coded according to the first method, decoding for said sub-image a binary map indicating for at least one pixel of said sub-image whether or not said pixel belongs to the useful zone, and, if said pixel belongs to the useful zone, decoding for the sub-image texture data and depth data associated with said texture data, when the indicator indicates that the sub-image is coded according to the second method: decoding the texture data of the sub-image, decoding from said at least one data stream an indicator representative of an assignment depth value of the depth data of the sub-image, decoding the depth data of said sub-image from said assignment depth value.
Claim 6 of Pat 036 discloses when the indicator indicates that the sub-image is coded according to the second method: determining the useful zone from the reconstructed depth data and the item of information representative of the decoded assignment depth value, constructing a binary map indicating, for at least one pixel of the sub-image, whether or not the pixel belongs to the useful zone, transmitting said binary map to a synthesis module.
Claims 1 and 6 of Pat 036 disclose all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 2, claim 2 of Pat 036 discloses the assignment depth value corresponds to a decoded depth value for the pixels situated outside the useful zone.
Claim 2 of Pat 036 discloses all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 3, claim 3 of Pat 036 discloses the depth data of the sub-image coded in the data stream comprises, for at least one pixel of the sub-image, a residue determined by a difference between the depth value of said pixel and said assignment depth value.
Claim 3 of Pat 036 discloses all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 4, claim 4 of Pat 036 discloses decoding from the data stream an indicator for said at least one sub-image indicating whether the depth data is coded by a residue determined by a difference between the depth value of said pixel and said assignment depth value.
Claim 4 of Pat 036 discloses all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 5, claim 5 of Pat 036 discloses determining the useful zone from the reconstructed depth data and the item of information representative of the decoded assignment depth value when the indicator indicates that the sub-image is coded according to the second method, or from the decoded binary map when the indicator indicates that the sub-image is coded according to the first method, constructing a depth map for the sub-image in which an infinite value is assigned to the pixels situated outside the useful zone, transmitting said depth map to a synthesis module.
Claim 5 of Pat 036 discloses all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 7, claim 7 of Pat 036 discloses said at least one data stream comprises coded data of at least one view of the video, said at least one view corresponding to a view determined at coding from at least one source view.
Claim 7 of Pat 036 discloses all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 8, claim 8 of Pat 036 discloses receiving the texture data and the depth data of said sub-image, said sub-image originating from a synthesized intermediate view for a position and a viewing direction of a viewer in a viewing volume.
Claim 8 of Pat 036 discloses all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 9, claim 9 of Pat 036 discloses a method implemented by a coding device and comprising: coding a data stream representative of a multi-view video, comprising coding at least one sub-image comprising texture data and depth data associated with said texture data, said sub-image comprising a zone referred to as a useful zone and a zone referred to as a non-useful zone, said useful zone corresponding to a zone extracted from a view of the multi-view video that is not coded in the data stream, the useful zone being intended to be used for generating at least one image of at least one view, coding said at least one sub-image comprising: determining a coding method for coding said sub-image between a first method and a second method, coding an indicator indicating whether said sub-image is coded according to the first method or according to the second method, when the indicator indicates that said sub-image is coded according to the first method, coding for the sub-image a binary map indicating for at least one pixel of said sub-image whether or not said pixel belongs to the useful zone, and, if said pixel belongs to the useful zone, coding for the sub-image texture data and depth data associated with said texture data, when the indicator indicates that said sub-image is coded according to the second method: coding the texture data of the sub-image, coding, in said at least one data stream, an indicator representative of an assignment depth value of the depth data of the sub-image, coding the depth data of said sub-image from said assignment depth value.
Claim 9 of Pat 036 discloses all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 10, claim 10 of Pat 036 discloses the assignment depth value corresponds to a coded depth value for the pixels situated outside the useful zone.
Claim 10 of Pat 036 discloses all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 11, claim 11 of Pat 036 discloses the depth data of the sub-image coded in the data stream comprises, for at least one pixel of the sub-image, a residue determined by a difference between the depth value of said pixel and said assignment depth value.
Claim 11 of Pat 036 discloses all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 12, claim 12 of Pat 036 discloses coding in the data stream an indicator for said at least one sub-image indicating whether the depth data is coded by a residue determined by a difference between the depth value of said pixel and said assignment depth value.
Claim 12 of Pat 036 discloses all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 15, claim 15 of Pat 036 discloses the assignment depth value is determined from a minimum depth value determined over at least the useful zone of the sub-image, decreased by a predetermined value.
Claim 15 of Pat 036 discloses all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 16, claim 16 of Pat 036 discloses at least two useful zones belonging respectively to at least two sub-images are coded in the data stream, said at least two useful zones being intended to be used for generating said at least one image of said at least one view, the minimum depth value is determined from said at least two useful zones.
Claim 16 of Pat 036 discloses all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 17, claim 17 of Pat 036 discloses said at least one data stream comprises coded data of at least one view of the video, said at least one view corresponding to a view determined at coding from at least one source view.
Claim 17 of Pat 036 discloses all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 18, claim 18 of Pat 036 discloses a device comprising: a processor; and a non-transitory computer-readable medium comprising instructions stored thereon which when executed by the processor configure the device to decode at least one data stream representative of a multi-view video, said at least one data stream comprising at least coded data representative of at least one sub-image, the coded data comprising texture data and depth data associated with said texture data, said sub-image comprising a zone referred to as a useful zone and at least one zone referred to as a non-useful zone, said useful zone corresponding to a zone extracted from a view of the multi-view video that is not coded in the data stream, the useful zone being intended to be used for generating at least one image of at least one view, the decoding comprising: decode from said at least one data stream an indicator indicating whether said sub-image is coded according to a first method or according to a second method, when the indicator indicates that said sub-image is coded according to the first method, decode for said sub-image a binary map indicating for at least one pixel of said sub-image whether or not said pixel belongs to the useful zone, and, if said pixel belongs to the useful zone, decoding for the sub-image texture data and depth data associated with said texture data, when the indicator indicates that the sub-image is coded according to the second method: decode the texture data of the sub-image, decode from said at least one data stream an indicator representative of an assignment depth value of the depth data of the sub-image, decode the depth data of said sub-image from said assignment depth value.
Claim 6 of Pat 036 discloses when the indicator indicates that the sub-image is coded according to the second method: determining the useful zone from the reconstructed depth data and the item of information representative of the decoded assignment depth value, constructing a binary map indicating, for at least one pixel of the sub-image, whether or not the pixel belongs to the useful zone, transmitting said binary map to a synthesis module.
Claims 18 and 6 of Pat 036 discloses all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 19, claim 13 of Pat 036 discloses determining the useful zone from the reconstructed depth data and the item of information representative of the decoded assignment depth value when the indicator indicates that the sub-image is coded according to the second method, or from the decoded binary map when the indicator indicates that the sub-image is coded according to the first method, constructing a depth map for the sub-image in which an infinite value is assigned to the pixels situated outside the useful zone, transmitting said depth map to a synthesis module.
Claim 13 of Pat 036 discloses all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 20, claim 14 of Pat 036 discloses when the indicator indicates that the sub-image is coded according to the second method: determining the useful zone from the reconstructed depth data and the item of information representative of the decoded assignment depth value, constructing a binary map indicating, for at least one pixel of the sub-image, whether or not the pixel belongs to the useful zone, transmitting said binary map to a synthesis module.
Claim 14 of Pat 036 discloses all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 21, claim 13 of Pat 036 discloses determining the useful zone from the reconstructed depth data and the item of information representative of the decoded assignment depth value when the indicator indicates that the sub-image is coded according to the second method, or from the decoded binary map when the indicator indicates that the sub-image is coded according to the first method, constructing a depth map for the sub-image in which an infinite value is assigned to the pixels situated outside the useful zone, transmitting said depth map to a synthesis module.
Claim 13 of Pat 036 discloses all the limitations in the application claim. Thus, non-statutory double patenting applies.
Claims 1-5, 7-12, and 15-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12, 15-18 of U.S. Patent No. US 11,659,203 B2 (“Pat 203”) in view of Jung et al. (US 12,167,036 B2).
Consider application claim 1, claim 1 of Pat 203 discloses decoding at least one data stream representative of a multi-view video, said at least one data stream comprising at least coded data representative of at least one sub-image, the coded data comprising texture data and depth data associated with said texture data, said sub-image comprising at least one zone referred to as a useful zone, and at least one zone referred to as a non-useful zone, said useful zone corresponding to a zone extracted from a view of the multi-view video that is not coded in the data stream, the useful zone being intended to be used for generating at least one image of at least one view, the decoding comprising: decoding from said at least one data stream an indicator indicating whether the sub-image is coded according to a first method or according to a second method, when the indicator indicates that the sub-image is coded according to the first method, decoding for the sub-image a binary map indicating for at least one pixel of the sub-image whether or not said pixel belongs to the useful zone, decoding the texture data and the depth data of the sub-image, when the indicator indicates that the sub-image is coded according to the second method, the depth data of said sub-image for the pixels situated outside the useful zone comprising an assignment depth value.
Claim 6 of Pat 203 discloses when the indicator indicates that the sub-image is coded according to the second method: determining the useful zone from the reconstructed depth data and the item of information representative of the decoded assignment depth value, constructing a binary map indicating, for at least one pixel of the sub-image, whether or not the pixel belongs to the useful zone, transmitting said binary map to a synthesis module.
However, claims of Pat 203 do not explicitly disclose in response to said pixel belonging to the useful zone, decoding for the sub-image texture data and depth data associated with said texture data.
Jung teaches in response to said pixel belonging to the useful zone, decoding for the sub-image texture data and depth data associated with said texture data (claim 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the known technique of decoding for the sub-image texture data and depth data associated with said texture data in response to said pixel belonging to the useful zone because such incorporation would improve the quality of the synthesis of a view by providing texture and depth refinements to the zone.
Consider application claim 2, claim 2 of Pat 203 discloses when the indicator indicates that the sub-image is coded according to the second method, decoding an item of information representative of the assignment depth value, the assignment depth value corresponding to the decoded depth value for the pixels situated outside the useful zone.
Claim 2 of Pat 203 disclose all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 3, claim 3 of Pat 203 discloses the depth data of the sub-image coded in the data stream comprises, for at least one pixel of the sub-image, a residue determined by a difference between the depth value of said pixel and said assignment depth value.
Claim 3 of Pat 203 disclose all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 4, claim 4 of Pat 203 discloses decoding from the data stream an indicator for said at least one sub-image indicating whether the depth data is coded by a residue determined by a difference between the depth value of said pixel and said assignment depth value.
Claim 4 of Pat 203 disclose all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 5, claim 5 of Pat 203 discloses determining the useful zone from the reconstructed depth data and the item of information representative of the decoded assignment depth value when the indicator indicates that the sub-image is coded according to the second method, or from the decoded binary map when the indicator indicates that the sub-image is coded according to the first method, constructing a depth map for the sub-image in which an infinite value is assigned to the pixels situated outside the useful zone, transmitting said depth map to a synthesis module.
Claim 5 of Pat 203 disclose all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 7, claim 7 of Pat 203 discloses said at least one data stream comprises coded data of at least one view of the video, said at least one view corresponding to a view determined at coding from at least one source view.
Claim 7 of Pat 203 disclose all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 8, claim 8 of Pat 203 discloses receiving the texture data and the depth data of said sub-image, said sub-image originating from a synthesised intermediate view for a position and a viewing direction of a viewer in a viewing volume.
Claim 8 of Pat 203 disclose all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 9, claim 9 of Pat 203 discloses A method implemented by a coding device and comprising: coding a data stream representative of a multi-view video, comprising coding at least one sub-image comprising texture data and depth data associated with said texture data, said sub-image comprising a zone referred to as a useful zone and a zone referred to as a non-useful zone, said useful zone corresponding to a zone extracted from a view of the multi-view video that is not coded in the data stream, the useful zone being intended to be used for generating at least one image of at least one view, coding said at least one sub-image comprising: determining a coding method for coding the sub-image between a first method and a second method, coding an indicator indicating whether the sub-image is coded according to the first method or according to the second method, when the indicator indicates that the sub-image is coded according to the first method, coding for the sub-image a binary map indicating for at least one pixel of the sub-image whether or not said pixel belongs to the useful zone, when the indicator indicates that the sub-image is coded according to the second method, determining an assignment depth value and assigning the assignment depth value to the depth data of said sub-image for the pixels of the sub-image situated outside the useful zone, coding the texture data and the depth data of the sub-image.
However, claims of Pat 203 do not explicitly disclose in response to said pixel belonging to the useful zone, decoding for the sub-image texture data and depth data associated with said texture data.
Jung teaches in response to said pixel belonging to the useful zone, decoding for the sub-image texture data and depth data associated with said texture data (claim 9).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the known technique of decoding for the sub-image texture data and depth data associated with said texture data in response to said pixel belonging to the useful zone because such incorporation would improve the quality of the synthesis of a view by providing texture and depth refinements to the zone.
Consider application claim 10, claim 10 of Pat 203 discloses the assignment depth value is determined from a minimum depth value determined over at least the useful zone of the sub-image, decreased by a predetermined value.
Claim 10 of Pat 203 disclose all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 11, claim 11 of Pat 203 discloses at least two useful zones belonging respectively to at least two sub-images are coded in the data stream, said at least two useful zones being intended to be used for generating said at least one image of said at least one view, the minimum depth value is determined from said at least two useful zones.
Claim 11 of Pat 203 disclose all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 12, claim 12 of Pat 203 discloses when the indicator indicates that the sub-image is coded according to the second method, coding an item of information representative of the assignment depth value, the assignment depth value corresponding to the coded depth value for the pixels situated outside the useful zone.
Claim 12 of Pat 203 disclose all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 15, claim 15 of Pat 203 discloses determining the useful zone from the reconstructed depth data and the item of information representative of the decoded assignment depth value when the indicator indicates that the sub-image is coded according to the second method, or from the decoded binary map when the indicator indicates that the sub-image is coded according to the first method, constructing a depth map for the sub-image in which an infinite value is assigned to the pixels situated outside the useful zone, transmitting said depth map to a synthesis module.
Claim 15 of Pat 203 disclose all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 16, claim 16 of Pat 203 discloses when the indicator indicates that the sub-image is coded according to the second method: determining the useful zone from the reconstructed depth data and the item of information representative of the decoded assignment depth value, constructing a binary map indicating, for at least one pixel of the sub-image, whether or not the pixel belongs to the useful zone, transmitting said binary map to a synthesis module.
Claim 16 of Pat 203 disclose all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 17, claim 17 of Pat 203 discloses said at least one data stream comprises coded data of at least one view of the video, said at least one view corresponding to a view determined at coding from at least one source view.
Claim 17 of Pat 203 disclose all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 18, claim 18 of Pat 203 discloses a device comprising: a processor; and a non-transitory computer-readable medium comprising instructions stored thereon which when executed by the processor configure the device to decode at least one data stream representative of a multi-view video, said at least one data stream comprising at least coded data representative of at least one sub-image, the coded data comprising texture data and depth data associated with said texture data, said sub-image comprising a zone referred to as a useful zone and at least one zone referred to as a non-useful zone, said useful zone corresponding to a zone extracted from a view of the multi-view video that is not coded in the data stream, the useful zone being intended to be used for generating at least one image of at least one view, the decoding comprising: decode from said at least one data stream an indicator indicating whether the sub-image is coded according to a first method or according to a second method, when the indicator indicates that the sub-image is coded according to the first method, decode for the sub-image a binary map indicating for at least one pixel of the sub-image whether or not said pixel belongs to the useful zone, decode the texture data and the depth data of the sub-image, when the indicator indicates that the sub-image is coded according to the second method, the depth data of said sub-image for the pixels situated outside the useful zone comprising an assignment depth value.
Claim 6 of Pat 203 discloses when the indicator indicates that the sub-image is coded according to the second method: determining the useful zone from the reconstructed depth data and the item of information representative of the decoded assignment depth value, constructing a binary map indicating, for at least one pixel of the sub-image, whether or not the pixel belongs to the useful zone, transmitting said binary map to a synthesis module.
However, claims of Pat 203 do not explicitly disclose in response to said pixel belonging to the useful zone, decoding for the sub-image texture data and depth data associated with said texture data.
Jung teaches in response to said pixel belonging to the useful zone, decoding for the sub-image texture data and depth data associated with said texture data (claim 18).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the known technique of decoding for the sub-image texture data and depth data associated with said texture data in response to said pixel belonging to the useful zone because such incorporation would improve the quality of the synthesis of a view by providing texture and depth refinements to the zone.
Consider application claim 19, claim 15 of Pat 203 discloses determining the useful zone from the reconstructed depth data and the item of information representative of the decoded assignment depth value when the indicator indicates that the sub-image is coded according to the second method, or from the decoded binary map when the indicator indicates that the sub-image is coded according to the first method, constructing a depth map for the sub-image in which an infinite value is assigned to the pixels situated outside the useful zone, transmitting said depth map to a synthesis module.
Claim 15 of Pat 203 disclose all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 20, claim 16 of Pat 203 discloses when the indicator indicates that the sub-image is coded according to the second method: determining the useful zone from the reconstructed depth data and the item of information representative of the decoded assignment depth value, constructing a binary map indicating, for at least one pixel of the sub-image, whether or not the pixel belongs to the useful zone, transmitting said binary map to a synthesis module.
Claim 16 of Pat 203 disclose all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 21, claim 15 of Pat 203 discloses determining the useful zone from the reconstructed depth data and the item of information representative of the decoded assignment depth value when the indicator indicates that the sub-image is coded according to the second method, or from the decoded binary map when the indicator indicates that the sub-image is coded according to the first method, constructing a depth map for the sub-image in which an infinite value is assigned to the pixels situated outside the useful zone, transmitting said depth map to a synthesis module.
Claim 15 of Pat 203 disclose all the limitations in the application claim. Thus, non-statutory double patenting applies.
Conclusion
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/TAT C CHIO/Primary Examiner, Art Unit 2486