DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application is being examined under the pre-AIA first to invent provisions.
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 2-4 are rejected on the ground of nonstatutory double patenting as being unpatentable over patented claims 1-3 of U.S. Patent No. 12,192,475. Although the claims at issue are not identical, they are not patentably distinct from each other because they claim the same scope of the invention, but using different variations, see below;
18953605
US 12192475
2. (New) A non-transitory computer-readable medium storing instructions to encode with a processor a block motion compensated video bit stream, wherein encoding comprises: receiving an input picture of an input video to be encoded; encoding a first block partition of the input picture using inter-prediction; encoding a second block partition of the input picture using inter-prediction, wherein the second block partition is being edge adjacent to the first block partition; encoding a third block partition of the input picture; and encoding an explicit signal, the explicit signal indicating a mode for the first block partition, wherein the mode is one of (i) a first mode that identifies the first block partition as being motion compensated by motion vector information of the second block partition, or (ii) a second mode that identifies the first block partition as being motion compensated by motion vector information of the third block partition without motion vector information of the second block partition.
1. An apparatus to encode a block motion compensated video bit stream, the apparatus comprising: an input for receiving input video; and a processor to encode the input video, wherein the processor: encodes a first block partition of a picture of the input video having a prediction type of inter-prediction; encodes a second block partition of the picture, the second block partition having a prediction type of inter-prediction and being edge adjacent to the first block partition; encodes a third block partition of the picture; and encodes an explicit signal, the explicit signal indicating a mode for the first block partition, wherein the mode is one of (i) a first mode that identifies the first block partition as being motion compensated by motion vector information of the second block partition, or (ii) a second mode that identifies the first block partition as being motion compensated by motion vector information of the third block partition without motion vector information of the second block partition.
3. (New) The non-transitory computer-readable medium of claim 2, wherein at least a region of the first block partition overlaps with a region of the second block partition.
2. The apparatus of claim 1, wherein at least a region of the first block partition overlaps with a region of the second block partition.
4. (New) The non-transitory computer-readable medium of claim 2, wherein the processor includes a picture reference store.
3. The apparatus of claim 1, wherein the processor includes a picture reference store.
7. Claims 2-4 are also rejected on the ground of nonstatutory double patenting as being unpatentable over patented claims 1-3 of US 11,539,959; and patented claims 1-3 of US 11,843,783; patented claims 1-3,5 of US 11,025,912; patented claims 1-3 of US 10,574,994; patented claims 1,7,9 of US 9,357,230; patented claims 1-4 of US 10,321,134; patented claim 1 of US 9,667,993; patented claims 1 and 5 of US 10,645,392 and patented claim 1 of US 9,843,807, either alone or in-combination, for the same reason stated in the above action.
In view of the above, allowing claims 2-4 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
8. 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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this application or proceeding is assigned is 571-273-8300.
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/BEHROOZ M SENFI/Primary Examiner, Art Unit 2482