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 .
Double Patenting
2. 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).
3. 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).
4. 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.
5. 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.
6. Claims 1-5 of the instant application is rejected on the ground of nonstatutory double patenting as being unpatentable over patented claims 1-5 of U.S. Patent No. 12184836; also patented claims 1, 6-7,11 and 14 of U.S. Patent No. 12075064, either alone or in-combination. Although the conflicting claims are not identical, they are not patentably distinct from each other because they claim the same scope of the invention, but using different variations.
18/952495
US 12,184,836
1. An image decoding method performed by a decoding apparatus, the method comprising: obtaining, from a bitstream, image information including network abstraction layer (NAL) unit type related information and information related to signaling a reference picture list; wherein the NAL unit type related information is information on whether a current picture has mixed NAL unit types, wherein the image information further includes NAL unit type constraint information to restrict a value of the NAL unit type related information, wherein based on the NAL unit type related information for the current picture having the mixed NAL unit types, a first NAL unit type for a first slice of the current picture is different from a second NAL unit type for a second slice of the current picture, wherein the first NAL unit type is an instantaneous decoding refresh (IDR) NAL unit type, and a value of the information related to signaling the reference picture list is equal to 1, and wherein based on the value of the information related to signaling the reference picture list being equal to 1, a syntax element for the signaling of the reference picture list is present in a slice header of the first slice having the IDR NAL unit type; and performing inter prediction for a current block based on the reference picture list.
1. An image decoding method performed by a decoding apparatus, the method comprising: obtaining image information including network abstraction layer (NAL) unit type related information from a bitstream; determining NAL unit types for NAL units in a current picture based on the NAL unit type related information; and decoding the current picture based on the NAL unit types, wherein the NAL unit type related information is information on whether the current picture has mixed NAL unit types, wherein the image information further includes NAL unit type constraint information to restrict the NAL unit type related information from having the mixed NAL unit types, wherein the NAL unit type related information is determined based on the NAL unit type constraint information, wherein based on the NAL unit type related information for the current picture having the mixed NAL unit types, a first NAL unit type for a first slice of the current picture is different from a second NAL unit type for a second slice of the current picture, wherein based on the first NAL unit type being an instantaneous decoding refresh (IDR) NAL unit type, a value of information related to signaling a reference picture list is equal to 1, and wherein based on the value of the information related to signaling the reference picture list being equal to 1, a syntax element for the signaling of the reference picture list is present in a slice header of the first slice having the IDR NAL unit type.
2. An image encoding method performed by an encoding apparatus, the method comprising: generating NAL unit type related information based on the NAL unit types; generating information related to signaling a reference picture list; and encoding image information including the NAL unit type related information and the information related to signaling a reference picture list, wherein the NAL unit type related information is information on whether a current picture has mixed NAL unit types, wherein the image information further includes NAL unit type constraint information to restrict a value of the NAL unit type related information, wherein based on the NAL unit type related information for the current picture having the mixed NAL unit types, a first NAL unit type for a first slice of the current picture is different from a second NAL unit type for a second slice of the current picture have different NAL unit types, and wherein the first NAL unit type is an instantaneous decoding refresh (IDR) NAL unit type, and a syntax element for signaling of a reference picture list is present in a slice header of the first slice having the IDR NAL unit type.
2. An image encoding method performed by an encoding apparatus, the method comprising: determining NAL unit types for NAL units in a current picture; generating NAL unit type related information based on the NAL unit types; and encoding image information including the NAL unit type related information, wherein the NAL unit type related information is information on whether the current picture has mixed NAL unit types, wherein the image information further includes NAL unit type constraint information to restrict the NAL unit type related information from having the mixed NAL unit types, wherein the NAL unit type related information is generated based on the NAL unit type constraint information, wherein based on the NAL unit type related information for the current picture having the mixed NAL unit types, a first NAL unit type for a first slice of the current picture is different from a second NAL unit type for a second slice of the current picture have different NAL unit types, and wherein based on the first NAL unit type being an instantaneous decoding refresh (IDR) NAL unit type, a syntax element for signaling of a reference picture list is present in a slice header of the first slice having the IDR NAL unit type.
3. The method of claim 1, wherein based on the NAL unit type related information for the current picture having the mixed NAL unit types and the first NAL unit type being the IDR NAL unit type, the second NAL unit type is a TRAIL NAL unit type.
3. The method of claim 1, wherein based on the NAL unit type related information for the current picture having the mixed NAL unit types and the first NAL unit type being the IDR NAL unit type, the second NAL unit type is a TRAIL NAL unit type.
4. The method of claim 2, wherein based on the NAL unit type related information for the current picture having the mixed NAL unit types and the first NAL unit type being the IDR NAL unit type, the second NAL unit type is a TRAIL NAL unit type.
4. The method of claim 2, wherein based on the NAL unit type related information for the current picture having the mixed NAL unit types and the first NAL unit type being the IDR NAL unit type, the second NAL unit type is a TRAIL NAL unit type.
5. A transmission method of data for an image, the method comprising: obtaining a bitstream of the image, wherein the bitstream is generated based on generating NAL unit type related information based on the NAL unit types, generating information related to signaling a reference picture list, and encoding image information including the NAL unit type related information and the information related to signaling a reference picture list; and transmitting the data comprising the bitstream, wherein the NAL unit type related information is information on whether a current picture has mixed NAL unit types, wherein the image information further includes NAL unit type constraint information to restrict a value of the NAL unit type related information, wherein based on the NAL unit type related information for the current picture having the mixed NAL unit types, a first NAL unit type for a first slice of the current picture is different from a second NAL unit type for a second slice of the current picture have different NAL unit types, and wherein the first NAL unit type is an instantaneous decoding refresh (IDR) NAL unit type, and a syntax element for signaling of a reference picture list is present in a slice header of the first slice having the IDR NAL unit type.
5. A transmission method of data for an image, the method comprising: obtaining a bitstream of the image, wherein the bitstream is generated based on determining NAL unit types for NAL units in a current picture, generating NAL unit type related information based on the NAL unit types, and encoding image information including the NAL unit type related information; and transmitting the data comprising the bitstream, wherein the NAL unit type related information is information on whether the current picture has mixed NAL unit types, wherein the image information further includes NAL unit type constraint information to restrict the NAL unit type related information from having the mixed NAL unit types, wherein the NAL unit type related information is generated based on the NAL unit type constraint information, wherein based on the NAL unit type related information for the current picture having the mixed NAL unit types, a first NAL unit type for a first slice of the current picture is different from a second NAL unit type for a second slice of the current picture have different NAL unit types, and wherein based on the first NAL unit type being an instantaneous decoding refresh (IDR) NAL unit type, a syntax element for signaling of a reference picture list is present in a slice header of the first slice having the IDR NAL unit type.
The difference is, “performing inter prediction for a current block based on the reference picture list, in claim 1”. It is noted that, performing inter prediction of the current block using reference picture list or reference picture list index, is notoriously well known in the field of image/video coding/decoding, and is not specific to the current invention. Therefore, it is considered as obvious variation. Also see Park et al. (US 2016/0014432) and/or Ramasubramonian et al. (US 2015/0195563).
In view of the above, allowing claims 1-20 of the instant application would result in an unjustified or improper time-wise extension of the "right to exclude" granted by a patent. See In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Feb. Cir. 1993).
Contact Information
7. Any inquiry concerning this communication or earlier communications from the examiner
should be directed to Behrooz Senfi, whose telephone number is (571)272-7339. The examiner can
normally be reached on Monday-Friday 10:00-6:00.
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/BEHROOZ M SENFI/Primary Examiner, Art Unit 2482