Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions
The amendments to the claims, filed on 03/10/2026, have been entered and made of record.
Claims 1-3 are pending with claim 2 being amended and claim 3 being newly added.
Response to Arguments
Arguments presented in the Remarks (“Remarks") filed on 03/10/2026 have been fully considered, but are rendered moot in view of the new ground(s) of rejection necessitated by amendment(s) initiated by the applicant(s).
Terminal Disclaimer
The terminal disclaimer filed on 03/10/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S Patent Nos. 12192506; 11812048; 10334268; 10034015; and 9883201 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim 2 rejected under 35 U.S.C. 102(b) as being anticipated by Suzuki (“Suzuki”) [U.S Patent Application Pub. 2005/0152452 A1]
Regarding claim 2, Suzuki meets the claim limitations as follows:
A non-transitory computer-readable medium storing a bitstream [para. 0104: ‘a storage medium (recording medium) on which the coded bitstream created by the software encoder’], the bitstream including a temporal motion vector prediction flag [para. 0104: slice header information 3010 including direct/alternative mode selection information’], and the bitstream [Note: the bitstream is pure data not considered as processor instructions causing a decoding apparatus to perform decoding operations] causing a decoding apparatus to perform decoding operations [The claim is basically directed to a memory storing data or bitstream (i.e. video or music) and the body of the claim is reciting how the bitstream as input to a decoding apparatus cause decoding function. How the bitstream was generated/fed to a decoding apparatus and the content of the bitstream are both not given patentable weight as prescribed in both MPEP 2113 and 2111.05(III). Therefore, the claim scope is just a storage medium storing data and is anticipated by a reference which recites a storage medium storing a bitstream], comprising:
obtaining the temporal motion vector prediction flag indicating whether or not temporal motion vector prediction is to be performed on a first picture;
determining, using the obtained temporal motion vector prediction flag, whether or not the temporal motion vector prediction is to be performed on the first picture, the temporal motion vector prediction using a temporal motion vector predictor derived from a motion vector of a co-located reference picture;
when the determining determines that the temporal motion vector prediction is to be performed on the first picture, creating a first list of motion vector predictors that includes at least one temporal motion vector predictor derived from the motion vector of the co-located reference picture; and
when the determining determines that the temporal motion vector prediction is not to be performed on the first picture, (i) creating a second list of motion vector predictors that does not include the temporal motion vector predictor derived from the motion vector of the co-located reference picture, (ii) obtaining a parameter from a bitstream, the parameter indicating a motion vector predictor included in the second list, (iii) decoding the first picture using the motion vector predictor indicated by the parameter, and (iv) decoding a second picture following the first picture in decoding order by using the temporal motion vector prediction using the temporal motion vector predictor derived from a motion vector of the first picture and without using the motion vector of the co-located reference picture preceding the first picture, wherein a number of the motion vector predictors included in the first list and a number of the motion vector predictors included in the second list are same.
Allowable Subject Matter
Claims 1 and 3 are allowed.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/PETER D LE/
Primary Examiner, Art Unit 2488
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