DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
2. This application is a continuation application of U.S. Patent Applicant No. 17/472,363, filed on Sep. 10, 2021, which is a continuation of PCT Application PCT/US2020/022491 filed on Mar. 12, 2020, which is based upon and claims the benefit to U.S. provisional patent application Ser. No. 62/817,503 filed on Mar. 12, 2019, the entire disclosures of which are incorporated herein by reference in their entireties for all purposes.
Information Disclosure Statement
3. The information disclosure statements (IDS) were submitted on 11/14/2024, 05/19/2025, and 10/01/2025. The submissions are in compliance with the provisions of 37 CFR § 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Double Patenting
4. 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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
5. Claims 1-11 are rejected on are provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-10 of U.S Patent No. 12177467 (U.S Application 17/472,363) in view of Park et al. (US2022/02244911A1) (hereinafter Park). Although the conflicting claims are not identical, they are not patentably distinct from each other because it is merely in the terminology used in both sets of claims.
Please see further example below. Differences are bolded in the following comparison table.
Current application 18/948,237
Conflict application 17/472,363
Claim 1
Claim 1
A method of video encoding, comprising: obtaining, by an encoder, a first reference picture and a second reference picture associated with a current block, wherein the first reference picture is before a current picture and the second reference picture is after the current picture in display order; determining, by the encoder, whether to apply a decoder-side motion vector refinement (DMVR) operation based on a combined inter and intra prediction (CIIP) flag for the current block; determining, by the encoder, whether to apply a bi-directional optical flow (BDOF) operation based on the CIIP flag; and calculating, by the encoder, a prediction of the current block based on the determinations as to whether to apply the DMVR and BDOF operations, wherein when determining to apply the DMVR operation in response to the CIIP flag indicating that CIIP is not applied to the current block, the method further comprises: adjusting, by the encoder, a first motion vector MV0 and a second motion vector MV1 to generate an updated first prediction L0′ and an updated second prediction L1′, wherein the first motion vector MV0 is from the current block to a first reference block in the first reference picture, and the second motion vector MV1 is from the current block to a second reference block in the second reference picture, wherein determining whether to apply the BDOF operation comprises: determining to apply the BDOF operation in response to the CIIP flag indicating that the CIIP is not applied to the current block, and wherein in response to determining to apply the BDOF operation, the method further comprises: calculating, by the encoder, first horizontal and vertical gradient values associated with the updated first prediction L0′; and calculating, by the encoder, second horizontal and vertical gradient values associated with the updated second prediction L1′.
A method of video coding, comprising: determining whether to apply a decoder-side motion vector refinement (DMVR) operation based on a combined inter and intra prediction (CIIP) flag for a current block; determining whether to apply a bidirectional optical flow (BDOF) operation based on the CIIP flag; and calculating a prediction of the current block based on the determinations as to whether to apply the DMVR and BDOF operations, wherein when determining to apply the DMVR operation in response to the CIIP flag indicating that CIIP is not applied to the current block, the method further comprises: adjusting a first motion vector MV0 and a second motion vector MV1 to generate an updated first prediction L0′ and an updated second prediction L1′, wherein the first motion vector MV0 is from the current block to a reference block in a first reference picture before a current picture in display order, and wherein the second motion vector MV1 is from the current block to a reference block in a second reference picture after the current picture in display order, wherein determining whether to apply the BDOF operation comprises: determining to apply the BDOF operation in response to the CIIP flag indicating that the CIIP is not applied to the current block, and wherein in response to determining to apply the BDOF operation, the method further comprises: calculating first horizontal and vertical gradient values associated with the updated first prediction L0′; and calculating second horizontal and vertical gradient values associated with the updated second prediction L1′.
The conflicting application discloses all subject matter of the claimed invention with the exception of “an encoder, a first reference picture and a second reference picture associated with a current block, wherein the first reference picture is before a current picture and the second reference picture is after the current picture in display order.”
However, Park from the same or similar fields of endeavor an encoder, a first reference picture and a second reference picture associated with a current block, wherein the first reference picture is before a current picture and the second reference picture is after the current picture in display order (e.g., see paragraphs 0050, 0080, 0091; also see paragraphs 0094, 0104, 0105).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the system disclosed by the conflicting application to add the teachings of park as above, in order to provide an image decoding method comprises the steps of: determining whether or not an application condition of decoder-side motion vector refinement (DMVR) for applying motion vector refinement for a current block is satisfied (see abstract: Park).
This is a provisional obviousness-type double patenting rejection because the conflicting claims have not in fact been patented.
Allowable Subject Matter
6. Claims 1-11 will be allowable if Double Patenting Rejection is overcome by filing a Terminal Disclaimer.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ON MUNG whose telephone number is (571) 270-7557 and whose direct fax number is (571) 270-8557. The examiner can normally be reached on Mon-Fri 9am - 6pm (ET).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JAMIE ATALA can be reached on (571)272-7384. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ON S MUNG/Primary Examiner, Art Unit 2486