DETAILED ACTION
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).
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.
Claims 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 of U.S. Patent No. US 12,250,372 B2 (“Pat 372”) in view of US 10,972,727 B2 (“Pat 727”).
Consider application claim 1, claim 1 of Pat 372 discloses a method of decoding a video signal, with a decoding apparatus, comprising: receiving, with the decoding apparatus, a bitstream including a flag indicating whether to decode a chrominance block based on a luminance block corresponding to the chrominance block and a luminance reference region adjacent to the luminance block; predicting, with the decoding apparatus, the chrominance block based on the luminance block and the luminance reference region according to the flag; and reconstructing, with the decoding apparatus, the predicted chrominance block, wherein the luminance reference region includes a top luminance reference region adjacent to a top boundary of the luminance block and a left luminance reference region adjacent to a left boundary of the luminance block, wherein the top luminance reference region includes a plurality of horizontal sample lines, wherein the left luminance reference region includes a plurality of vertical sample lines, wherein a number of the horizontal sample lines belonging to the top luminance reference region is variably determined based on an availability of the top luminance reference region, wherein a number of the vertical sample lines belonging to the left luminance reference region is variably determined based on an availability of the left luminance reference region, wherein a second prediction sample of the predicted chrominance block is obtained based on compensation parameters including a weight and an offset, wherein the second prediction sample is obtained by multiplying a first prediction sample by the weight and summing the offset, wherein the first prediction sample is obtained by predicting the luminance block, wherein the compensation parameters are calculated based on a representative luminance value of a luminance reference region adjacent to the luminance block and a representative chrominance value of chrominance reference region adjacent to the chrominance block, wherein the representative luminance value is derived to be one or more of average values, minimum values, maximum values or median values of some of samples belonging to the luminance reference region, and wherein the representative chrominance value is derived from a luminance value of the luminance reference region at a corresponding location.
However, claims of Pat 372 do not explicitly disclose calculating, with the decoding apparatus, compensation parameters based on a reference region; wherein calculating the compensation parameters comprises determining the reference region, wherein the reference region includes the luminance reference region including a plurality of sample lines and a chrominance reference region adjacent to the chrominance block, wherein the number of the plurality of sample lines of the luminance reference region is variably determined depending on an availability of the luminance reference region.
Pat 727 discloses calculating, with the decoding apparatus, compensation parameters based on a reference region; wherein calculating the compensation parameters comprises determining the reference region, wherein the reference region includes the luminance reference region including a plurality of sample lines and a chrominance reference region adjacent to the chrominance block, wherein the number of the plurality of sample lines of the luminance reference region is variably determined depending on an availability of the luminance reference region (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 calculating compensation parameters based on a reference region because such incorporation would improve encoding/decoding efficiency.
Consider application claim 2, claim 2 of Pat 372 discloses when the luminance reference region is unavailable, the unavailable luminance reference region is replaced with an adjacent region of the unavailable luminance reference region in a right or bottom direction.
Claim 2 of Pat 372 discloses all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 3, claim 3 of Pat 372 discloses the number of the horizontal sample lines belonging to the top luminance reference region is different from the number of the vertical sample lines belonging to the left luminance reference region.
Claim 3 of Pat 372 discloses all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 4, claim 4 of Pat 372 discloses a method of encoding a video signal, with an encoding apparatus, comprising: predicting, with the encoding apparatus, a chrominance block based on a luminance block corresponding to the chrominance block and a luminance reference region adjacent to the luminance block; obtaining, with the encoding apparatus, a residual block of the chrominance block based on an original block of the chrominance block and a predicted chrominance block obtained by predicting the chrominance block; and generating, with the encoding apparatus, a bitstream by encoding the residual block, wherein the bitstream includes a flag indicating whether to encode the chrominance block based on the luminance block and the luminance reference region, wherein the luminance reference region includes a top luminance reference region adjacent to a top boundary of the luminance block and a left luminance reference region adjacent to a left boundary of the luminance block, wherein the top luminance reference region includes a plurality of horizontal sample lines, wherein the left luminance reference region includes a plurality of vertical sample lines, wherein a number of the horizontal sample lines belonging to the top luminance reference region is variably determined based on an availability of the top luminance reference region, wherein a number of the vertical sample lines belonging to the left luminance reference region is variably determined based on an availability of the left luminance reference region, wherein a second prediction sample of the predicted chrominance block is obtained based on compensation parameters including a weight and an offset, wherein the second prediction sample is obtained by multiplying a first prediction sample by the weight and summing the offset, wherein the first prediction sample is obtained by predicting the luminance block, wherein the compensation parameters are calculated based on a representative luminance value of a luminance reference region adjacent to the luminance block and a representative chrominance value of chrominance reference region adjacent to the chrominance block, wherein the representative luminance value is derived to be one or more of average values, minimum values, maximum values or median values of some of samples belonging to the luminance reference region, and wherein the representative chrominance value is derived from a luminance value of the luminance reference region at a corresponding location.
However, claims of Pat 372 do not explicitly disclose calculate compensation parameters based on a reference region, obtain a second prediction value of the chrominance block by applying the compensation parameters to the first prediction value, and obtain a residual block of the chrominance block based on an original block of the chrominance block and the second prediction value; wherein the prediction unit determines a reference region for calculating the compensation parameters, wherein the reference region includes the luminance reference region including a plurality of sample lines and a chrominance reference region adjacent to the chrominance block, wherein the number of the plurality of sample lines of the luminance reference region is variably determined depending on an availability of the luminance reference region
Pat 727 discloses calculate compensation parameters based on a reference region, obtain a second prediction value of the chrominance block by applying the compensation parameters to the first prediction value, and obtain a residual block of the chrominance block based on an original block of the chrominance block and the second prediction value; wherein the prediction unit determines a reference region for calculating the compensation parameters, wherein the reference region includes the luminance reference region including a plurality of sample lines and a chrominance reference region adjacent to the chrominance block, wherein the number of the plurality of sample lines of the luminance reference region is variably determined depending on an availability of the luminance reference region (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 calculating compensation parameters based on a reference region because such incorporation would improve encoding/decoding efficiency.
Consider application claim 5, claim 5 of Pat 372 discloses when the luminance reference region is unavailable, the unavailable luminance reference region is replaced with an adjacent region of the unavailable luminance reference region in a right or bottom direction.
Claim 5 of Pat 372 discloses all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 6, claim 6 of Pat 372 discloses the number of the horizontal sample lines belonging to the top luminance reference region is different from the number of the vertical sample lines belonging to the left luminance reference region.
Claim 6 of Pat 372 discloses all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 7, application claim 7 recites a non-transitory computer-readable medium storing a bitstream generated by the method recited in application claim 4. Thus, it is rejected for the same reasons (see rejection of application claim 4).
Consider application claim 8, application claim 8 recites a non-transitory computer-readable medium storing a bitstream generated by the method recited in application claim 6. Thus, it is rejected for the same reasons (see rejection of application claim 6).
Claims 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 of U.S. Patent No. US 11,765,348 B2 (“Pat 348”) in view of US 10,972,727 B2 (“Pat 727”) and US 12,250,372 B2 (“Pat 372”).
Consider application claim 1, claim 1 of Pat 348 discloses a method of decoding a video signal, with a decoding apparatus, comprising: receiving, with the decoding apparatus, a bitstream including a flag indicating whether to decode a chrominance block based on a luminance block corresponding to the chrominance block and a luminance reference region adjacent to the luminance block; predicting, with the decoding apparatus, the chrominance block based on the luminance block and the luminance reference region according to the flag; and reconstructing, with the decoding apparatus, the predicted chrominance block, wherein the luminance reference region includes a top luminance reference region adjacent to a top boundary of the luminance block and a left luminance reference region adjacent to a left boundary of the luminance block, wherein the top luminance reference region includes a plurality of horizontal sample lines, wherein the left luminance reference region includes a plurality of vertical sample lines, wherein a number of the horizontal sample lines belonging to the top luminance reference region is variably determined based on an availability of the top luminance reference region, wherein a number of the vertical sample lines belonging to the left luminance reference region is variably determined based on an availability of the left luminance reference region, wherein predicting the chrominance block comprises: calculating a compensation parameter based on a representative value of a chrominance reference region adjacent to the chrominance block; and deriving a prediction value of the chrominance block based on the compensation parameter, and wherein the representative value is derived to be one of an average value, a minimum value, a maximum value or a median value of some of samples belonging to the chrominance reference region.
However, claims of Pat 348 do not explicitly disclose calculating, with the decoding apparatus, compensation parameters based on a reference region; obtaining, with the decoding apparatus, a second prediction value of the chrominance block by applying the compensation parameters to the first prediction value; and reconstructing, with the decoding apparatus, the chrominance block based on the second prediction value, wherein calculating the compensation parameters comprises determining the reference region, wherein the reference region includes the luminance reference region including a plurality of sample lines and a chrominance reference region adjacent to the chrominance block, wherein the number of the plurality of sample lines of the luminance reference region is variably determined depending on an availability of the luminance reference region; wherein the compensation parameters are calculated based on a representative luminance value of the luminance reference region and a representative chrominance value of the chrominance reference region, wherein the representative luminance value is derived to be one or more of average values, minimum values, maximum values or median values of some of samples belonging to the luminance reference region, and wherein the representative chrominance value is derived from a luminance value of the luminance reference region at a corresponding location.
Pat 727 discloses calculating, with the decoding apparatus, compensation parameters based on a reference region; obtaining, with the decoding apparatus, a second prediction value of the chrominance block by applying the compensation parameters to the first prediction value; and reconstructing, with the decoding apparatus, the chrominance block based on the second prediction value, wherein calculating the compensation parameters comprises determining the reference region, wherein the reference region includes the luminance reference region including a plurality of sample lines and a chrominance reference region adjacent to the chrominance block, wherein the number of the plurality of sample lines of the luminance reference region is variably determined depending on an availability of the luminance reference region (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 calculating compensation parameters based on a reference region because such incorporation would improve encoding/decoding efficiency.
Pat 372 discloses the compensation parameters are calculated based on a representative luminance value of the luminance reference region and a representative chrominance value of the chrominance reference region, wherein the representative luminance value is derived to be one or more of average values, minimum values, maximum values or median values of some of samples belonging to the luminance reference region, and wherein the representative chrominance value is derived from a luminance value of the luminance reference region at a corresponding location (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 calculating compensation parameters based on a reference region because such incorporation would improve encoding/decoding efficiency.
Consider application claim 2, claim 2 of Pat 348 discloses when the luminance reference region is unavailable, the unavailable luminance reference region is replaced with an adjacent region of the unavailable luminance reference region in a right or bottom direction.
Claim 2 of Pat 348 discloses all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 3, claim 3 of Pat 348 discloses the number of the horizontal sample lines belonging to the top luminance reference region is different from the number of the vertical sample lines belonging to the left luminance reference region.
Claim 3 of Pat 348 discloses all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 4, claim 4 of Pat 348 discloses A method of encoding a video signal, with an encoding apparatus, comprising: predicting, with the encoding apparatus, a chrominance block based on a luminance block corresponding to the chrominance block and a luminance reference region adjacent to the luminance block; obtaining, with the encoding apparatus, a residual block of the chrominance block based on an original block of the chrominance block and a prediction block obtained by predicting the chrominance block; and generating, with the encoding apparatus, a bitstream by encoding the residual block, wherein the bitstream includes a flag indicating whether to encode the chrominance block based on the luminance block and the luminance reference region, wherein the luminance reference region includes a top luminance reference region adjacent to a top boundary of the luminance block and a left luminance reference region adjacent to a left boundary of the luminance block, wherein the top luminance reference region includes a plurality of horizontal sample lines, wherein the left luminance reference region includes a plurality of vertical sample lines, wherein a number of the horizontal sample lines belonging to the top luminance reference region is variably determined based on an availability of the top luminance reference region, wherein a number of the vertical sample lines belonging to the left luminance reference region is variably determined based on an availability of the left luminance reference region, wherein predicting the chrominance block comprises: calculating a compensation parameter based on a representative value of a chrominance reference region adjacent to the chrominance block; and deriving a prediction value of the chrominance block based on the compensation parameter, and wherein the representative value is derived to be one of an average value, a minimum value, a maximum value or a median value of some of samples belonging to the chrominance reference region.
However, claims of Pat 348 do not explicitly disclose wherein the prediction unit determines a reference region for calculating the compensation parameters, wherein the reference region includes the luminance reference region including a plurality of sample lines and a chrominance reference region adjacent to the chrominance block, wherein the number of the plurality of sample lines of the luminance reference region is variably determined depending on an availability of the luminance reference region, wherein the compensation parameters are calculated based on a representative luminance value of the luminance reference region and a representative chrominance value of the chrominance reference region, wherein the representative luminance value is derived to be one or more of average values, minimum values, maximum values or median values of some of samples belonging to the luminance reference region, and wherein the representative chrominance value is derived from a luminance value of the luminance reference region at a corresponding location.
Pat 727 discloses the prediction unit determines a reference region for calculating the compensation parameters, wherein the reference region includes the luminance reference region including a plurality of sample lines and a chrominance reference region adjacent to the chrominance block, wherein the number of the plurality of sample lines of the luminance reference region is variably determined depending on an availability of the luminance reference region (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 calculating compensation parameters based on a reference region because such incorporation would improve encoding/decoding efficiency.
Pat 372 discloses wherein the compensation parameters are calculated based on a representative luminance value of the luminance reference region and a representative chrominance value of the chrominance reference region, wherein the representative luminance value is derived to be one or more of average values, minimum values, maximum values or median values of some of samples belonging to the luminance reference region, and wherein the representative chrominance value is derived from a luminance value of the luminance reference region at a corresponding location (claim 4).
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 calculating compensation parameters based on a reference region because such incorporation would improve encoding/decoding efficiency.
Consider application claim 5, claim 5 of Pat 348 discloses when the luminance reference region is unavailable, the unavailable luminance reference region is replaced with an adjacent region of the unavailable luminance reference region in a right or bottom direction.
Claim 5 of Pat 348 discloses all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 6, claim 6 of Pat 348 discloses the number of the horizontal sample lines belonging to the top luminance reference region is different from the number of the vertical sample lines belonging to the left luminance reference region.
Claim 6 of Pat 348 discloses all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 7, application claim 7 recites a non-transitory computer-readable medium storing a bitstream generated by the method recited in application claim 4. Thus, it is rejected for the same reasons (see rejection of application claim 4).
Consider application claim 8, application claim 8 recites a non-transitory computer-readable medium storing a bitstream generated by the method recited in application claim 6. Thus, it is rejected for the same reasons (see rejection of application claim 6).
Claims 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6, 9, and 14 of U.S. Patent No. US 10,972,727 B2 (“Pat 727”) in view of US 12,250,372 B2 (“Pat 372”).
Consider application claim 1, claim 1 of Pat 727 discloses a method of decoding a video signal, with a decoding apparatus, comprising: deriving, with the decoding apparatus, a first prediction value of a chrominance block using a sample of a luminance block; calculating, with the decoding apparatus, a compensation parameter based on a pre-determined reference region; deriving, with the decoding apparatus, a second prediction value of the chrominance block by applying the compensation parameter to the first prediction value; and reconstructing, with the decoding apparatus, the chrominance block based on the second prediction value of the chrominance block, wherein calculating the compensation parameter comprises determining, with the decoding apparatus, the reference region referred to calculate the compensation parameter, wherein the reference region includes a luminance reference region adjacent to the luminance block and a chrominance reference region adjacent to the chrominance block, wherein the luminance reference region includes a plurality of sample lines, and wherein a number of the sample lines belonging to the luminance reference region is variably determined based on an availability of the luminance reference region.
However, claims of Pat 727 do not explicitly disclose receiving, with the decoding apparatus, a bitstream including a flag indicating whether to decode a chrominance block based on a luminance block corresponding to the chrominance block and a luminance reference region adjacent to the luminance block; wherein the luminance reference region includes a top luminance reference region adjacent to a top boundary of the luminance block and a left luminance reference region adjacent to a left boundary of the luminance block, the top luminance reference region including a plurality of horizontal sample lines of the sample lines and the left luminance reference region including a plurality of vertical sample lines of the sample lines, wherein a number of the horizontal sample lines belonging to the top luminance reference region is variably determined based on an availability of the top luminance reference region, wherein a number of the vertical sample lines belonging to the left luminance reference region is variably determined based on an availability of the left luminance reference region, wherein the compensation parameters are calculated based on a representative luminance value of the luminance reference region and a representative chrominance value of the chrominance reference region, wherein the representative luminance value is derived to be one or more of average values, minimum values, maximum values or median values of some of samples belonging to the luminance reference region, and wherein the representative chrominance value is derived from a luminance value of the luminance reference region at a corresponding location.
Pat 372 teaches receiving, with the decoding apparatus, a bitstream including a flag indicating whether to decode a chrominance block based on a luminance block corresponding to the chrominance block and a luminance reference region adjacent to the luminance block; wherein the luminance reference region includes a top luminance reference region adjacent to a top boundary of the luminance block and a left luminance reference region adjacent to a left boundary of the luminance block, the top luminance reference region including a plurality of horizontal sample lines of the sample lines and the left luminance reference region including a plurality of vertical sample lines of the sample lines, wherein a number of the horizontal sample lines belonging to the top luminance reference region is variably determined based on an availability of the top luminance reference region, wherein a number of the vertical sample lines belonging to the left luminance reference region is variably determined based on an availability of the left luminance reference region, wherein the compensation parameters are calculated based on a representative luminance value of the luminance reference region and a representative chrominance value of the chrominance reference region, wherein the representative luminance value is derived to be one or more of average values, minimum values, maximum values or median values of some of samples belonging to the luminance reference region, and wherein the representative chrominance value is derived from a luminance value of the luminance reference region at a corresponding location (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 receiving a flag indicating whether to decode a chrominance block based on a luminance block corresponding to the chrominance block and a luminance reference region adjacent to the luminance block because such incorporation would improve the decoding/encoding efficiency.
Consider application claim 2, claim 6 of Pat 727 discloses when the luminance reference region is unavailable, the unavailable luminance reference region is replaced with an adjacent region of the unavailable luminance reference region in a right or bottom direction.
Claim 6 of Pat 727 discloses all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 3, claim 3 of Pat 372 discloses the number of the horizontal sample lines belonging to the top luminance reference region is different from the number of the vertical sample lines belonging to the left luminance reference region.
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 receiving a flag indicating whether to decode a chrominance block based on a luminance block corresponding to the chrominance block and a luminance reference region adjacent to the luminance block because such incorporation would improve the decoding/encoding efficiency.
Consider application claim 4, claim 9 of Pat 727 discloses An apparatus of decoding a video signal, comprising: a prediction unit configured to: derive a first prediction value of a chrominance block using a sample of a luminance block; calculate a compensation parameter based on a pre-determined reference region; and derive a second prediction value of the chrominance block by applying the compensation parameter to the first prediction value, and a reconstruction unit configured to reconstruct the chrominance block based on the second prediction value of the chrominance block, wherein the prediction unit is configured to determine the reference region referred to calculate the compensation parameter, wherein the reference region includes a luminance reference region adjacent to the luminance block and a chrominance reference region adjacent to the chrominance block, wherein the luminance reference region includes a plurality of sample lines, and wherein a number of the sample lines belonging to the luminance reference region is variably determined based on an availability of the luminance reference region.
However, claims of Pat 727 do not explicitly disclose an entropy encoding unit configured to generate a bitstream by encoding the residual block, wherein the bitstream includes a flag indicating whether to encode the chrominance block based on the luminance block and the luminance reference region, wherein the luminance reference region includes a top luminance reference region adjacent to a top boundary of the luminance block and a left luminance reference region adjacent to a left boundary of the luminance block, the top luminance reference region including a plurality of horizontal sample lines of the sample lines and the left luminance reference region including a plurality of vertical sample lines of the sample lines, wherein a number of the horizontal sample lines belonging to the top luminance reference region is variably determined based on an availability of the top luminance reference region, wherein a number of the vertical sample lines belonging to the left luminance reference region is variably determined based on an availability of the left luminance reference region, wherein the compensation parameters are calculated based on a representative luminance value of the luminance reference region and a representative chrominance value of the chrominance reference region, wherein the representative luminance value is derived to be one or more of average values, minimum values, maximum values or median values of some of samples belonging to the luminance reference region, and wherein the representative chrominance value is derived from a luminance value of the luminance reference region at a corresponding location.
Pat 372 teaches an entropy encoding unit configured to generate a bitstream by encoding the residual block, wherein the bitstream includes a flag indicating whether to encode the chrominance block based on the luminance block and the luminance reference region, wherein the luminance reference region includes a top luminance reference region adjacent to a top boundary of the luminance block and a left luminance reference region adjacent to a left boundary of the luminance block, the top luminance reference region including a plurality of horizontal sample lines of the sample lines and the left luminance reference region including a plurality of vertical sample lines of the sample lines, wherein a number of the horizontal sample lines belonging to the top luminance reference region is variably determined based on an availability of the top luminance reference region, wherein a number of the vertical sample lines belonging to the left luminance reference region is variably determined based on an availability of the left luminance reference region, wherein the compensation parameters are calculated based on a representative luminance value of the luminance reference region and a representative chrominance value of the chrominance reference region, wherein the representative luminance value is derived to be one or more of average values, minimum values, maximum values or median values of some of samples belonging to the luminance reference region, and wherein the representative chrominance value is derived from a luminance value of the luminance reference region at a corresponding location. (claim 4).
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 having a flag indicating whether to decode a chrominance block based on a luminance block corresponding to the chrominance block and a luminance reference region adjacent to the luminance block because such incorporation would improve the decoding/encoding efficiency.
Consider application claim 5, claim 14 of Pat 727 discloses when the luminance reference region is unavailable, the unavailable luminance reference region is replaced with an adjacent region of the unavailable luminance reference region in a right or bottom direction.
Claim 14 of Pat 727 discloses all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 6, claim 6 of Pat 372 discloses the number of the horizontal sample lines belonging to the top luminance reference region is different from the number of the vertical sample lines belonging to the left luminance reference region.
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 receiving a flag indicating whether to decode a chrominance block based on a luminance block corresponding to the chrominance block and a luminance reference region adjacent to the luminance block because such incorporation would improve the decoding/encoding efficiency.
Consider application claim 7, application claim 7 recites a non-transitory computer-readable medium storing a bitstream generated by the method recited in application claim 4. Thus, it is rejected for the same reasons (see rejection of application claim 4).
Consider application claim 8, application claim 8 recites a non-transitory computer-readable medium storing a bitstream generated by the method recited in application claim 6. Thus, it is rejected for the same reasons (see rejection of application claim 6).
Claims 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 5 of U.S. Patent No. US 10,477,205 B2 (“Pat 205”) in view of US 12,250,372 B2 (“Pat 372”).
Consider application claim 1, claim 1 of Pat 205 discloses a method of decoding a video signal with a decoding apparatus, comprising: predicting, with the decoding apparatus, a chrominance block using a sample of a luminance block, through an inter-component reference-based prediction; and reconstructing, with the decoding apparatus, the predicted chrominance block, wherein predicting the chrominance block comprising: deriving, with the decoding apparatus, a first prediction value of the chrominance block using the sample of the luminance block; calculating, with the decoding apparatus, a compensation parameter based on a pre-determined reference area; and deriving, with the decoding apparatus, a second prediction value of the chrominance block by applying the compensation parameter to the first prediction value, wherein the reference area is determined to be an area adjacent to a top of the luminance block when the luminance block is N×M non-square, while the reference area is determined to be an area adjacent to a left of the luminance block when the luminance block is M×N non-square, N being greater than M, wherein the reference area includes a luminance reference area and a chrominance reference area, wherein a ratio between a number of sample lines belonging to the luminance reference area and a number of sample lines belonging to the chrominance reference area is determined based on a color format, wherein the compensation parameter is calculated using at least one sample belonging to the luminance reference area, wherein a position of the sample belonging to the luminance reference area includes a position adjacent to at least one of a left, a top, or a top-left of a top-left sample of the luminance block, and wherein the inter-component reference-based prediction is performed only when an intra prediction mode of the luminance block is one of a vertical mode, a horizontal mode, and a non-directional mode.
However, claims of Pat 205 do not explicitly disclose receiving, with the decoding apparatus, a bitstream including a flag indicating whether to decode a chrominance block based on a luminance block corresponding to the chrominance block and a luminance reference region adjacent to the luminance block; wherein the luminance reference region includes a top luminance reference region adjacent to a top boundary of the luminance block and a left luminance reference region adjacent to a left boundary of the luminance block, the top luminance reference region including a plurality of horizontal sample lines of the sample lines and the left luminance reference region including a plurality of vertical sample lines of the sample lines, wherein a number of the horizontal sample lines belonging to the top luminance reference region is variably determined based on an availability of the top luminance reference region, wherein a number of the vertical sample lines belonging to the left luminance reference region is variably determined based on an availability of the left luminance reference region, wherein the compensation parameters are calculated based on a representative luminance value of the luminance reference region and a representative chrominance value of the chrominance reference region, wherein the representative luminance value is derived to be one or more of average values, minimum values, maximum values or median values of some of samples belonging to the luminance reference region, and wherein the representative chrominance value is derived from a luminance value of the luminance reference region at a corresponding location.
Pat 372 teaches receiving, with the decoding apparatus, a bitstream including a flag indicating whether to decode a chrominance block based on a luminance block corresponding to the chrominance block and a luminance reference region adjacent to the luminance block; wherein the luminance reference region includes a top luminance reference region adjacent to a top boundary of the luminance block and a left luminance reference region adjacent to a left boundary of the luminance block, the top luminance reference region including a plurality of horizontal sample lines of the sample lines and the left luminance reference region including a plurality of vertical sample lines of the sample lines, wherein a number of the horizontal sample lines belonging to the top luminance reference region is variably determined based on an availability of the top luminance reference region, wherein a number of the vertical sample lines belonging to the left luminance reference region is variably determined based on an availability of the left luminance reference region, wherein the compensation parameters are calculated based on a representative luminance value of the luminance reference region and a representative chrominance value of the chrominance reference region, wherein the representative luminance value is derived to be one or more of average values, minimum values, maximum values or median values of some of samples belonging to the luminance reference region, and wherein the representative chrominance value is derived from a luminance value of the luminance reference region at a corresponding location (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 receiving a flag indicating whether to decode a chrominance block based on a luminance block corresponding to the chrominance block and a luminance reference region adjacent to the luminance block because such incorporation would improve the decoding/encoding efficiency.
Consider application claim 2, claim 2 of Pat 372 discloses when the luminance reference region is unavailable, the unavailable luminance reference region is replaced with an adjacent region of the unavailable luminance reference region in a right or bottom direction.
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 receiving a flag indicating whether to decode a chrominance block based on a luminance block corresponding to the chrominance block and a luminance reference region adjacent to the luminance block because such incorporation would improve the decoding/encoding efficiency.
Consider application claim 3, claim 3 of Pat 372 discloses the number of the horizontal sample lines belonging to the top luminance reference region is different from the number of the vertical sample lines belonging to the left luminance reference region.
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 receiving a flag indicating whether to decode a chrominance block based on a luminance block corresponding to the chrominance block and a luminance reference region adjacent to the luminance block because such incorporation would improve the decoding/encoding efficiency.
Consider application claim 4, claim 5 of Pat 205 discloses A method of encoding a video signal, with an encoding apparatus, comprising: predicting, with the encoding apparatus, a chrominance block using a sample of a luminance block, through an inter-component reference-based prediction; and reconstructing, with the encoding apparatus, the predicted chrominance block, wherein predicting the chrominance block comprising: deriving, with the encoding apparatus, a first prediction value of the chrominance block using the sample of the luminance block; calculating, with the encoding apparatus, a compensation parameter based on a pre-determined reference area; and deriving, with the encoding apparatus, a second prediction value of the chrominance block by applying the compensation parameter to the first prediction value, wherein the reference area is determined to be an area adjacent to a top of the luminance block when the luminance block is N×M non-square, while the reference area is determined to be an area adjacent to a left of the luminance block when the luminance block is M×N non-square, N being greater than M, wherein the reference area includes a luminance reference area and a chrominance reference area, wherein a ratio between a number of sample lines belonging to the luminance reference area and a number of sample lines belonging to the chrominance reference area is determined based on a color format, wherein the compensation parameter is calculated using at least one sample belonging to the luminance reference area, wherein a position of the sample belonging to the luminance reference area includes a position adjacent to at least one of a left, a top, or a top-left of a top-left sample of the luminance block, and wherein the inter-component reference-based prediction is performed only when an intra prediction mode of the luminance block is one of a vertical mode, a horizontal mode, and a non-directional mode.
However, claims of Pat 205 do not explicitly disclose an entropy encoding unit configured to generate a bitstream by encoding the residual block, wherein the bitstream includes a flag indicating whether to encode the chrominance block based on the luminance block and the luminance reference region, wherein the luminance reference region includes a top luminance reference region adjacent to a top boundary of the luminance block and a left luminance reference region adjacent to a left boundary of the luminance block, the top luminance reference region including a plurality of horizontal sample lines of the sample lines and the left luminance reference region including a plurality of vertical sample lines of the sample lines, wherein a number of the horizontal sample lines belonging to the top luminance reference region is variably determined based on an availability of the top luminance reference region, wherein a number of the vertical sample lines belonging to the left luminance reference region is variably determined based on an availability of the left luminance reference region, wherein the compensation parameters are calculated based on a representative luminance value of the luminance reference region and a representative chrominance value of the chrominance reference region, wherein the representative luminance value is derived to be one or more of average values, minimum values, maximum values or median values of some of samples belonging to the luminance reference region, and wherein the representative chrominance value is derived from a luminance value of the luminance reference region at a corresponding location.
Pat 372 teaches an entropy encoding unit configured to generate a bitstream by encoding the residual block, wherein the bitstream includes a flag indicating whether to encode the chrominance block based on the luminance block and the luminance reference region, wherein the luminance reference region includes a top luminance reference region adjacent to a top boundary of the luminance block and a left luminance reference region adjacent to a left boundary of the luminance block, the top luminance reference region including a plurality of horizontal sample lines of the sample lines and the left luminance reference region including a plurality of vertical sample lines of the sample lines, wherein a number of the horizontal sample lines belonging to the top luminance reference region is variably determined based on an availability of the top luminance reference region, wherein a number of the vertical sample lines belonging to the left luminance reference region is variably determined based on an availability of the left luminance reference region, wherein the compensation parameters are calculated based on a representative luminance value of the luminance reference region and a representative chrominance value of the chrominance reference region, wherein the representative luminance value is derived to be one or more of average values, minimum values, maximum values or median values of some of samples belonging to the luminance reference region, and wherein the representative chrominance value is derived from a luminance value of the luminance reference region at a corresponding location. (claim 4).
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 having a flag indicating whether to decode a chrominance block based on a luminance block corresponding to the chrominance block and a luminance reference region adjacent to the luminance block because such incorporation would improve the decoding/encoding efficiency.
Consider application claim 5, claim 5 of Pat 372 discloses when the luminance reference region is unavailable, the unavailable luminance reference region is replaced with an adjacent region of the unavailable luminance reference region in a right or bottom direction.
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 having a flag indicating whether to decode a chrominance block based on a luminance block corresponding to the chrominance block and a luminance reference region adjacent to the luminance block because such incorporation would improve the decoding/encoding efficiency.
Consider application claim 6, claim 6 of Pat 372 discloses the number of the horizontal sample lines belonging to the top luminance reference region is different from the number of the vertical sample lines belonging to the left luminance reference region.
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 having a flag indicating whether to decode a chrominance block based on a luminance block corresponding to the chrominance block and a luminance reference region adjacent to the luminance block because such incorporation would improve the decoding/encoding efficiency.
Consider application claim 7, application claim 7 recites a non-transitory computer-readable medium storing a bitstream generated by the method recited in application claim 4. Thus, it is rejected for the same reasons (see rejection of application claim 4).
Consider application claim 8, application claim 8 recites a non-transitory computer-readable medium storing a bitstream generated by the method recited in application claim 6. Thus, it is rejected for the same reasons (see rejection of application claim 6).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 7-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al. (US 2017/0359595 A1).
Consider claim 7, the recitation of “a non-transitory computer-readable medium storing a bitstream…” is a product by process claim limitation where the product is the bitstream and the process is the method steps to generate the bitstream. MPEP §2113 recites “Product-by-Process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps”. Thus, the scope of the claim is the storage medium storing the bitstream (with the structure implied by the method steps). The structure includes the information and samples manipulated by the steps.
“To be given patentable weight, the printed matter and associated product must be in a functional relationship. A functional relationship can be found where the printed matter performs some function with respect to the product to which it is associated”. MPEP §2111.05(I)(A). When a claimed “computer-readable medium merely serves as a support for information or data, no functional relationship exists. MPEP §2111.05(III). The storage medium storing the claimed bitstream in claim 7 merely serves as a support for the storage of the bitstream and provides no fictional relationship between the stored bitstream and storage medium. Therefor the structure bitstream, which scope is implied by the method steps, is non-functional descriptive material and given no patentable weight. MPEP §2111.05(III). Thus, the claim scope is just a storage medium storing data and is anticipated by Zhang which recites a storage medium storing a bitstream (computer-readable medium storing an encoded video bitstream. [0041], [0050], [0164]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAT CHI CHIO whose telephone number is (571)272-9563. The examiner can normally be reached Monday-Thursday 10am-5pm.
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, JAMIE J ATALA can be reached at 571-272-7384. 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.
/TAT C CHIO/ Primary Examiner, Art Unit 2486