CTNF 18/960,718 CTNF 87874 DETAILED ACTION This action is in response to application 18/960,718 filed on 11/26/2024. Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 08-33 AIA 3. 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). 08-36 AIA 4. Claim s 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim s 1-25 of U.S. Patent No. 12,184,855 B2 in view of HAN, J. et al. (“Han”), "A Technical Overview of AV1", arXiv:2008.06091v1; 13 August 2020 . Furthermore, although the conflicting claims at issue are not identical, they are not patentably distinct from each other because U.S. Patent No.: 12,184,855 B2 claims: Instant Application: 18/960,718 Note: bold and underlined fonts means same features between instant application and conflicting appl . Conflicting Application: 16/953,098 → now US Patent No.: 12,184,855 B2 Claim [1]: A computer-implemented method of video coding, comprising : receiving video frames to be encoded ; determining a base quantization parameter (QP) index based on a target bitrate ; determining a subjective quality delta QP offset based on the base QP index , wherein the subjective quality delta QP offset is determined based on human eye sensitivities; determining that an application that is to use the video frames after decoding is an entertainment program; in response to determining that the application is the entertainment program, selecting the subjective quality delta QP offset as a selected delta QP offset between a plurality of options comprising the subjective quality delta QP offset and an objective quality delta QP offset ; and encoding the video frames using the selected delta QP offset and the base QP index . Claim [1]: A computer-implemented method of video coding comprising : obtaining a sequence of video frames to be encoded ; determining a base quantization parameter (QP) index based on a target bitrate of a video frame in the sequence of video frames; determining an objective quality delta QP offset based on the base QP index ; determining a subjective quality delta QP offset based on the base QP index ; selecting either the objective quality delta QP offset or the subjective quality delta QP offset to be used as a selected delta QP offset , wherein the selecting depends on a type of an application that is to use the sequence of video frames after decoding the sequence of video frames; and adding the selected delta QP offset to the base QP index . Claim [5]: The computer-implemented method of claim 1, further comprising: determining the objective quality delta QP offset by minimizing a difference between quantization scales of video coding transform AC coefficients and a video coding transform DC coefficient of a transform block of coefficients . Claim [4]: The computer-implemented method of claim 1, wherein determining the objective quality delta QP offset comprises determining the objective quality delta QP offset at least partly depending on a difference between quantization scales of video coding transform AC coefficients and a video coding transform DC coefficient of a transform block of coefficients . Claim [6]: The computer-implemented method of claim 1, wherein determining the subjective quality delta QP offset comprises determining the subjective quality delta QP offset based on a subjective relationship between quantization scales of video coding transform AC coefficients and a video coding transform DC coefficient of a transform block of coefficients , wherein the subjective relationship is based on the human eye sensitivities. Claim [6]: The computer-implemented method of claim 1, wherein determining the subjective quality delta QP offset comprises determining the subjective quality delta QP offset at least partly depending on a subjective relationship between quantization scales of video coding transform AC coefficients and a video coding transform DC coefficient of a transform block of coefficients . Claim [6]: The computer-implemented method of claim 1, wherein determining the subjective quality delta QP offset comprises determining the subjective quality delta QP offset based on a subjective relationship between quantization scales of video coding transform AC coefficients and a video coding transform DC coefficient of a transform block of coefficients, wherein the subjective relationship is based on the human eye sensitivities . Claim [7]: The computer-implemented method of claim 6, wherein the subjective relationship is found by using an image evaluator that intentionally factors human eye sensitivities . Claim [9]: A computer-implemented system comprising: memory to store video frames to be encoded; and at least one processor communicatively coupled to the memory and being arranged to operate by : determining a base quantization parameter (QP) index based on a target bitrate ; determining a subjective quality delta QP offset based on the base QP index , wherein the subjective quality delta QP offset factors in human eye sensitivities; determining that an application that is to display the video frames after decoding prioritizes how the video frames look on a display; in response to determining that the application prioritizes how the video frames look on a display, selecting the subjective quality delta QP offset as a selected delta QP offset between a plurality of options comprising the subjective quality delta QP offset and an objective quality delta QP offset ; and encoding the video frames using the selected delta QP offset and the base QP index . Claim [10]: A computer-implemented system comprising: memory to store at least one video sequence; and at least one processor communicatively coupled to the memory and being arranged to operate by obtaining a sequence of video frames to be encoded; determining a base quantization parameter (QP) index based on a target bitrate of a video frame in the sequence of video frames; determining an objective quality delta QP offset based on the base QP index ; determining a subjective quality delta QP offset based on the base QP index ; selecting either the objective quality delta QP offset or the subjective quality delta QP offset to be used as a selected delta QP offset , wherein the selecting depends on whether preserving ground truth details is more important than subjective quality; and adding the selected delta QP offset to the base QP index . Claim [10]: The computer-implemented system of claim 9, wherein determining the subjective quality delta QP offset comprises reducing the subjective quality delta QP offset in an amount proportional to an amount of noise . Claim [18]: The computer-implemented system of claim 10, wherein the objective quality delta QP offset or the subjective quality delta QP offset is reduced in an amount proportional to an amount of noise . Claim [13]: The computer-implemented system of claim 9, wherein determining the subjective quality delta QP offset comprises setting the subjective quality delta QP offset by evaluating rate distortion curves graphing subjective quality versus bitrate produced using noise free video clips. Claim [16]: The computer-implemented system of claim 15, wherein the subjective relationship is found by evaluating rate distortion curves on a graph of peak signal-to-noise ratio human visual system (PSNR-HVS) versus bitrate and evaluated by determining a Bjontegaard delta rate. Claim [14]: The computer-implemented system of claim 9, wherein determining the subjective quality delta QP offset comprises determining an average bitrate difference for a same peak signal-to-noise ratio for a human visual system . Claim [16]: The computer-implemented system of claim 15, wherein the subjective relationship is found by evaluating rate distortion curves on a graph of peak signal-to-noise ratio human visual system (PSNR-HVS) versus bitrate and evaluated by determining a Bjontegaard delta rate. Claim [16]: The computer-implemented system of claim 9, wherein the at least one processor is further arranged to operate by: determining the objective quality delta QP offset by minimizing a difference between quantization scales of video coding transform AC coefficients and a video coding transform DC coefficient of a transform block of coefficients . Claim [13]: The computer-implemented system of claim 10, wherein determining the objective quality delta QP offset comprises determining the objective quality delta QP offset at least partly depending on a difference between quantization scales of video coding transform AC coefficients and a video coding transform DC coefficient of a transform block of coefficients . Claim [17]: One or more non-transitory machine readable media comprising a plurality of instructions that, in response to being executed on a computing device, cause the computing device to operate by : obtaining video frames to be encoded ; determining a base quantization parameter (QP) index based on a target bitrate ; determining a subjective quality delta QP offset based on the base QP index , wherein the subjective quality delta QP offset optimizes one or more qualities perceived by a human visual system; determining that an application level decision indicates a media program that prioritizes subjective quality over objective quality is to display the video frames after decoding; in response to determining that the application level decision indicates that the media program is to display video frames after decoding, selecting the subjective quality delta QP offset as a selected delta QP offset between a plurality of options comprising the subjective quality delta QP offset and an objective quality delta QP offset ; and encoding the video frames using the selected delta QP offset and the base QP index . Claim [19]: At least one non-transitory machine readable medium comprising a plurality of instructions that, in response to being executed on a computing device, cause the computing device to operate by : obtaining a sequence of video frames to be encoded ; determining a base quantization parameter (QP) index based on a target bitrate of a video frame in the sequence of video frames; determining an objective quality delta QP offset based on the base QP index ; determining a subjective quality delta QP offset based on the base QP index ; selecting either the objective quality delta QP offset or the subjective quality delta QP offset to be used as a selected delta QP offset , wherein the selecting depends on an application level decision ; and adding the selected delta QP offset to the base QP index . However, examiner notes that HAN, J. et al. (“Han”), "A Technical Overview of AV1", arXiv:2008.06091v1; 13 August 2020 teaches the unique limitations in the instant application regarding Han discloses a computer-implemented method (see page 16) and system of video coding (see page 16, section V. entropy coding system) comprising: obtaining video frames to be encoded (see page 1 and page and page 22); determining delta quantization parameter offsets (delta QP offsets) (see page 16,Table I, e.g., “ ΔQP Y , DC , ΔQP U , DC , and ΔQP V , DC ”, section F. Quantization, e.g., “ ΔQP p , b are offset values” ); and a base quantization parameter (base QP) index (see page 16,Table I, e.g., “ QP base +ΔQP Y , DC , QP base +ΔQP U , DC , and QP base +ΔQP V , DC ”). Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains could recognize the advantage of providing a method and system of video coding with content adaptive quantization by modifying Lei’s teachings in the present US Patent No.: 12,184,855 B2 for the purpose of wherein the selecting depends on a type of an application that is to use the sequence of video frames after decoding the sequence of video frames; and adding the selected delta QP offset to the base QP index, thereby improving compression efficiency . Allowable Subject Matter 13-03-01 AIA 5. The following is a statement of reasons for the indication of allowable subject matter: Claims 1-20 of the instant application would be allowable provided obviousness type double patenting rejection above is overcome . Conclusion 07-96 AIA 6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Zhang et al. (US Patent No.: 8,737,464 B1) discloses adaptive quantization for perceptual video coding. Yenneti et al. (US Pub. No.: 2015/0373328 A1) discloses content adaptive bitrate and quality control by using frame hierarchy sensitive quantization for high efficiency next generation video coding . 7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Richard Carter whose telephone number is (571)270-1220. The examiner can normally be reached on M-F 8:30 am - 5:00 pm. 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, Jay Patel can be reached on 571-272-2988. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /R.B.C/Examiner, Art Unit 2485 /Mainul Hasan/ Primary Examiner, Art Unit 2485 Application/Control Number: 18/960,718 Page 2 Art Unit: 2485 Application/Control Number: 18/960,718 Page 3 Art Unit: 2485 Application/Control Number: 18/960,718 Page 4 Art Unit: 2485 Application/Control Number: 18/960,718 Page 5 Art Unit: 2485 Application/Control Number: 18/960,718 Page 6 Art Unit: 2485 Application/Control Number: 18/960,718 Page 7 Art Unit: 2485 Application/Control Number: 18/960,718 Page 8 Art Unit: 2485 Application/Control Number: 18/960,718 Page 9 Art Unit: 2485 Application/Control Number: 18/960,718 Page 10 Art Unit: 2485 Application/Control Number: 18/960,718 Page 11 Art Unit: 2485 Application/Control Number: 18/960,718 Page 12 Art Unit: 2485 Application/Control Number: 18/960,718 Page 13 Art Unit: 2485 Application/Control Number: 18/960,718 Page 14 Art Unit: 2485 Application/Control Number: 18/960,718 Page 15 Art Unit: 2485 Application/Control Number: 18/960,718 Page 16 Art Unit: 2485 Application/Control Number: 18/960,718 Page 17 Art Unit: 2485 Application/Control Number: 18/960,718 Page 18 Art Unit: 2485
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