Prosecution Insights
Last updated: April 19, 2026
Application No. 18/961,369

MOVING PICTURE CODING DEVICE, MOVING PICTURE CODING METHOD, MOVING PICTURE CODING PROGRAM, MOVING PICTURE DECODING DEVICE, MOVING PICTURE DECODING METHOD, AND MOVING PICTURE DECODING PROGRAM

Non-Final OA §112§DP
Filed
Nov 26, 2024
Examiner
JIANG, ZAIHAN
Art Unit
2488
Tech Center
2400 — Computer Networks
Assignee
Jvckenwood Corporation
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
2y 6m
To Grant
99%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allow Rate
520 granted / 626 resolved
+25.1% vs TC avg
Strong +25% interview lift
Without
With
+25.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
32 currently pending
Career history
658
Total Applications
across all art units

Statute-Specific Performance

§101
5.1%
-34.9% vs TC avg
§103
49.5%
+9.5% vs TC avg
§102
13.2%
-26.8% vs TC avg
§112
21.0%
-19.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 626 resolved cases

Office Action

§112 §DP
8DETAILED ACTION 1. The Office Action is in response to Application 18961369 filed on 01/16/2025. Claim 1-8 are pending. Notice of Pre-AIA or AIA Status 2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Information Disclosure Statement 3. The information disclosure statements (IDS) submitted on 11/26/2024, are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Priority Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in Application 18961369 filed on 01/16/2025. Priority # Filling Data Country 2019-042575 2019-03-08 JP Double Patenting 8. 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). 9 Claim 1 is rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 1 of US Patent US 11800087 in view of ZHAO et al. (WO2020073896). For Claim 1, although the conflicting claims are not identical, they both are dealing with moving picture coding device using a triangle merge mode. As clearly indicated in the table below, each claimed limitations of claim 1 of the current application is anticipated by the corresponding limitations of claim 1 of the reference patent except for bi-prediction partition 2 which consists of subblocks on the diagonal line and uni-prediction motion information of the triangle merging candidate is stored and code a first triangle merging index and a second triangle merging index. . Current Application US 11800087 Claim 1: A moving picture coding device using a triangle merge mode, the moving picture coding device comprising: a triangle merging candidate list constructor structured to a construct a triangle merging candidate list including spatial merging candidates; a first triangle merging candidate selector structured to select, from the triangle merging candidate list, a first triangle merging candidate that is used for uni-prediction partition 0 which consists of subblocks above a diagonal line of the triangle partition splitting a coding block; a second triangle merging candidate selector structured to select, from the triangle merging candidate list, a second triangle merging candidate that is used for uni-prediction partition 1 which consists of subblocks below the diagonal line; and a coding unit structured to code a first triangle merging index and a second triangle merging index, wherein in bi-prediction partition 2 which consists of subblocks on the diagonal line where motion compensation by weighted averaging by the first triangle merging candidate and the second triangle merging candidate is performed, uni-prediction motion information of the second triangle merging candidate is stored in a coding information storage memory so that the uni-prediction motion information of the second triangle merging candidate can be referred to as inter prediction information neighboring the coding block without storing bi-prediction motion information which is converted from motion information of list L0 and motion information of List L1 Claim 1 A moving picture coding device using a triangle merge mode, the moving picture coding device comprising: a triangle merging candidate list constructor structured to a construct a triangle merging candidate list including spatial merging candidates; a first triangle merging candidate selector structured to select, from the triangle merging candidate list, a first triangle merging candidate that is uni-prediction, wherein the first triangle merging candidate is used in a triangle partition above a diagonal line of the triangle partition splitting a coding block; and a second triangle merging candidate selector structured to select, from the triangle merging candidate list, a second triangle merging candidate that is uni-prediction, wherein the second triangle merging candidate is used in a triangle partition below the diagonal line, wherein in a region where motion compensation by weighted averaging by the first triangle merging candidate and the second triangle merging candidate is performed, uni-prediction motion information of the second triangle merging candidate is stored in a coding information storage memory so that the uni-prediction motion information can be referred to as inter prediction information neighboring the coding block without storing bi-prediction motion information which is converted from motion information of list L0 and motion information of List L1. Claim 1 of US 11800087 does not disclose that bi-prediction partition 2 which consists of subblocks on the diagonal line and uni-prediction motion information of the triangle merging candidate is stored and code a first triangle merging index and a second triangle merging index. ZHAO discloses that bi-prediction partition 2 which consists of subblocks on the diagonal line (as shown in fig. 15, some subblocks are around diagonal line) and uni-prediction motion information of the triangle merging candidate is stored (as shown in fig. 10, uni-prediction motion information of the triangle merging candidate is stored; page 64, line 1-10, … The motion vectors, associated with the triangular partitions, may be stored on a 4x4 luma-sample based grid for future referencing; page 65, line 15-20, … for motion vector storage, depending on the location of each 4x4 block within the current block, either a uni-prediction MV or a bi-prediction MV is stored as shown in FIG. 10; the triangle merging candidate is shown in fig. 12; page 21, Fig. 12 shows a flowchart of the method for merge candidate list generation); and code a first triangle merging index and a second triangle merging index (page 72, … The additional flag is coded after the merge index (merge_triangle_idx) is coded). It would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to incorporate the technology that bi-prediction partition 2 which consists of subblocks on the diagonal line and uni-prediction motion information of the triangle merging candidate is stored and code a first triangle merging index and a second triangle merging index as a modification to the Claim 1 of US 11800087 for the benefit of that the decoder is able to uniquely decide which motion vectors are stored at which positions (see page 64, line 1-10). 10 Claim 2 is rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 2 of US Patent US 11800087 in view of ZHAO et al. (WO2020073896). For Claim 2, although the conflicting claims are not identical, they both are dealing with moving picture coding device/method using a triangle merge mode. As clearly indicated in the table below, each claimed limitations of claim 1 of the current application is anticipated by the corresponding limitations of claim 2 of the reference patent except for bi-prediction partition 2 which consists of subblocks on the diagonal line and uni-prediction motion information of the triangle merging candidate is stored and code a first triangle merging index and a second triangle merging index. . Current Application US 11800087 Claim 2: A moving picture coding method using a triangle merge mode, the moving picture coding method comprising: a triangle merging candidate list constructing step for constructing a triangle merging candidate list including spatial merging candidates; a first triangle merging candidate selecting step for selecting, from the triangle merging candidate list, a first triangle merging candidate that is used for uni-prediction partition 0 which consists of subblocks above a diagonal line of the triangle partition splitting a coding block; a second triangle merging candidate selecting step for selecting, from the triangle merging candidate list, a second triangle merging candidate that is used for uni-prediction partition 1 which consists of subblocks below the diagonal line; and a coding step for coding a first triangle merging index and a second triangle merging index, wherein in bi-prediction partition 2 which consists of subblocks on the diagonal line where motion compensation by weighted averaging by the first triangle merging candidate and the second triangle merging candidate is performed, uni-prediction motion information of the second triangle merging candidate is stored in a coding information storage memory so that the uni-prediction motion information of the second triangle merging candidate can be referred to as inter prediction information neighboring the coding block without storing bi-prediction motion information which is converted from motion information of list L0 and motion information of List L1. Claim 2 A moving picture coding method using a triangle merge mode, the moving picture coding method comprising: a triangle merging candidate list constructing step for constructing a triangle merging candidate list including spatial merging candidates; a first triangle merging candidate selecting step for selecting, from the triangle merging candidate list, a first triangle merging candidate that is uni-prediction, wherein the first triangle merging candidate is used in a triangle partition above a diagonal line of the triangle partition splitting a coding block; and a second triangle merging candidate selecting step for selecting, from the triangle merging candidate list, a second triangle merging candidate that is uni-prediction, wherein the second triangle merging candidate is used in a triangle partition below the diagonal line, wherein in a region where motion compensation by weighted averaging by the first triangle merging candidate and the second triangle merging candidate is performed, uni-prediction motion information of the second triangle merging candidate is stored in a coding information storage memory so that the uni-prediction motion information can be referred to as inter prediction information neighboring the coding block without storing bi-prediction motion information which is converted from motion information of list L0 and motion information of List L1. Claim 2 of US 11800087 does not disclose that bi-prediction partition 2 which consists of subblocks on the diagonal line and uni-prediction motion information of the triangle merging candidate is stored and code a first triangle merging index and a second triangle merging index. ZHAO discloses that bi-prediction partition 2 which consists of subblocks on the diagonal line (as shown in fig. 15, some subblocks are around diagonal line) and uni-prediction motion information of the triangle merging candidate is stored (as shown in fig. 10, uni-prediction motion information of the triangle merging candidate is stored; page 64, line 1-10, … The motion vectors, associated with the triangular partitions, may be stored on a 4x4 luma-sample based grid for future referencing; page 65, line 15-20, … for motion vector storage, depending on the location of each 4x4 block within the current block, either a uni-prediction MV or a bi-prediction MV is stored as shown in FIG. 10; the triangle merging candidate is shown in fig. 12; page 21, Fig. 12 shows a flowchart of the method for merge candidate list generation); and code a first triangle merging index and a second triangle merging index (page 72, … The additional flag is coded after the merge index (merge_triangle_idx) is coded). It would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to incorporate the technology that bi-prediction partition 2 which consists of subblocks on the diagonal line and uni-prediction motion information of the triangle merging candidate is stored and code a first triangle merging index and a second triangle merging index as a modification to the Claim 2 of US 11800087 for the benefit of that the decoder is able to uniquely decide which motion vectors are stored at which positions (see page 64, line 1-10). 11 Claim 3 is rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 3 of US Patent US 11800087 in view of ZHAO et al. (WO2020073896). For Claim 3, although the conflicting claims are not identical, they both are dealing with moving picture coding device/method/ non-transitory computer-readable medium storing a moving picture coding program using a triangle merge mode. As clearly indicated in the table below, each claimed limitations of claim 3 of the current application is anticipated by the corresponding limitations of claim 3 of the reference patent except for bi-prediction partition 2 which consists of subblocks on the diagonal line and uni-prediction motion information of the triangle merging candidate is stored and code a first triangle merging index and a second triangle merging index. . Current Application US 11800087 Claim 3: A non-transitory computer-readable medium storing a moving picture coding program using a triangle merge mode, that in response to execution, causes a computer to perform operations comprising: a triangle merging candidate list constructing step for constructing a triangle merging candidate listing including spatial merging candidates; a first triangle merging candidate selecting step for selecting, from the triangle merging candidate list, a first triangle merging candidate that is used for uni-prediction partition 0 which consists of subblocks above a diagonal line of the triangle partition splitting a coding block; and a second triangle merging candidate selecting step for selecting, from the triangle merging candidate list, a second triangle merging candidate that is used for uni-prediction partition 1 which consists of subblocks below the diagonal line, and a coding step for coding a first triangle merging index and a second triangle merging index, wherein in bi-prediction partition 2 which consists of subblocks on the diagonal line where motion compensation by weighted averaging by the first triangle merging candidate and the second triangle merging candidate is performed, uni-prediction motion information of the second triangle merging candidate is stored in a coding information storage memory so that the uni-prediction motion information of the second triangle merging candidate can be referred to as inter prediction information neighboring the coding block without storing bi-prediction motion information which is converted from motion information of list LO and motion information of List L1 Claim 3 A non-transitory computer-readable medium storing a moving picture coding program using a triangle merge mode, that in response to execution, causes a computer to perform operations comprising: a triangle merging candidate list constructing step for constructing a triangle merging candidate list including spatial merging candidates; a first triangle merging candidate selecting step for selecting, from the triangle merging candidate list, a first triangle merging candidate that is uni-prediction, wherein the first triangle merging candidate is used in a triangle partition above a diagonal line of the triangle partition splitting a coding block; and a second triangle merging candidate selecting step for selecting, from the triangle merging candidate list, a second triangle merging candidate that is uni-prediction, wherein the second triangle merging candidate is used in a triangle partition below the diagonal line, wherein in a region where motion compensation by weighted averaging by the first triangle merging candidate and the second triangle merging candidate is performed, uni-prediction motion information of the second triangle merging candidate is stored in a coding information storage memory so that the uni-prediction motion information can be referred to as inter prediction information neighboring the coding block without storing bi-prediction motion information which is converted from motion information of list L0 and motion information of List L1. Claim 3 of US 11800087 does not disclose that bi-prediction partition 2 which consists of subblocks on the diagonal line and uni-prediction motion information of the triangle merging candidate is stored and code a first triangle merging index and a second triangle merging index. ZHAO discloses that bi-prediction partition 2 which consists of subblocks on the diagonal line (as shown in fig. 15, some subblocks are around diagonal line) and uni-prediction motion information of the triangle merging candidate is stored (as shown in fig. 10, uni-prediction motion information of the triangle merging candidate is stored; page 64, line 1-10, … The motion vectors, associated with the triangular partitions, may be stored on a 4x4 luma-sample based grid for future referencing; page 65, line 15-20, … for motion vector storage, depending on the location of each 4x4 block within the current block, either a uni-prediction MV or a bi-prediction MV is stored as shown in FIG. 10; the triangle merging candidate is shown in fig. 12; page 21, Fig. 12 shows a flowchart of the method for merge candidate list generation). and code a first triangle merging index and a second triangle merging index (page 72, … The additional flag is coded after the merge index (merge_triangle_idx) is coded). It would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to incorporate the technology that bi-prediction partition 2 which consists of subblocks on the diagonal line and uni-prediction motion information of the triangle merging candidate is stored and code a first triangle merging index and a second triangle merging index as a modification to the Claim 3 of US 11800087 for the benefit of that the decoder is able to uniquely decide which motion vectors are stored at which positions (see page 64, line 1-10). 12 Claim 4 is rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 4 of US Patent US 11800087 in view of ZHAO et al. (WO2020073896). For Claim 4, although the conflicting claims are not identical, they both are dealing with moving picture decoding device using a triangle merge mode. As clearly indicated in the table below, each claimed limitations of claim 4 of the current application is anticipated by the corresponding limitations of claim 4 of the reference patent except for bi-prediction partition 2 which consists of subblocks on the diagonal line and uni-prediction motion information of the triangle merging candidate is stored and decode a first triangle merging index and a second triangle merging index . . Current Application US 11800087 Claim 4: A moving picture decoding device using a triangle merge mode, the moving picture decoding device comprising: a decoding unit structured to decode a first triangle merging index and a second triangle merging index; a triangle merging candidate list constructor structured to construct a triangle merging candidate list including spatial merging candidates; a first triangle merging candidate selector structured to select, from the triangle merging candidate list, a first triangle merging candidate that is used for uni-prediction partition 0 which consists of subblocks above a diagonal line of the triangle partition splitting a coding block; and a second triangle merging candidate selector structured to select, from the triangle merging candidate list, a second triangle merging candidate that is used for uni-prediction partition 1 which consists of subblocks below the diagonal line, wherein bi-prediction partition 2 which consists of subblocks on the diagonal line where motion compensation by weighted averaging by the first triangle merging candidate and the second triangle merging candidate is performed, uni-prediction motion information of the second triangle merging candidate is stored in a coding information storage memory so that the uni-prediction motion information of the second triangle merging candidate can be referred to as inter prediction information neighboring the coding block without storing bi-prediction motion information which is converted from motion information of list L0 and motion information of List L1. Claim 4 A moving picture decoding device using a triangle merge mode, the moving picture decoding device comprising: a triangle merging candidate list constructor structured to a construct a triangle merging candidate list including spatial merging candidates; a first triangle merging candidate selector structured to select, from the triangle merging candidate list, a first triangle merging candidate that is uni-prediction, wherein the first triangle merging candidate is used in a triangle partition above a diagonal line of the triangle partition splitting a coding block; and a second triangle merging candidate selector structured to select, from the triangle merging candidate list, a second triangle merging candidate that is uni-prediction, wherein the second triangle merging candidate is used in a triangle partition below the diagonal line, wherein in a region where motion compensation by weighted averaging by the first triangle merging candidate and the second triangle merging candidate is performed, uni-prediction motion information of the second triangle merging candidate is stored in a coding information storage memory so that the uni-prediction motion information can be referred to as inter prediction information neighboring the coding block without storing bi-prediction motion information which is converted from motion information of list L0 and motion information of List L1. Claim 4 of US 11800087 does not disclose that bi-prediction partition 2 which consists of subblocks on the diagonal line and uni-prediction motion information of the triangle merging candidate is stored and decode a first triangle merging index and a second triangle merging index. ZHAO discloses that bi-prediction partition 2 which consists of subblocks on the diagonal line (as shown in fig. 15, some subblocks are around diagonal line) and uni-prediction motion information of the triangle merging candidate is stored (as shown in fig. 10, uni-prediction motion information of the triangle merging candidate is stored; page 64, line 1-10, … The motion vectors, associated with the triangular partitions, may be stored on a 4x4 luma-sample based grid for future referencing; page 65, line 15-20, … for motion vector storage, depending on the location of each 4x4 block within the current block, either a uni-prediction MV or a bi-prediction MV is stored as shown in FIG. 10; the triangle merging candidate is shown in fig. 12; page 21, Fig. 12 shows a flowchart of the method for merge candidate list generation). and decode a first triangle merging index and a second triangle merging index (page 72, … The additional flag is coded after the merge index (merge_triangle_idx) is coded). It would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to incorporate the technology that bi-prediction partition 2 which consists of subblocks on the diagonal line and uni-prediction motion information of the triangle merging candidate is stored and decode a first triangle merging index and a second triangle merging index as a modification to the Claim 4 of US 11800087 for the benefit of that the decoder is able to uniquely decide which motion vectors are stored at which positions (see page 64, line 1-10). 13 Claim 5 is rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 5 of US Patent US 11800087 in view of ZHAO et al. (WO2020073896). For Claim 5, although the conflicting claims are not identical, they both are dealing with moving picture decoding device/method using a triangle merge mode. As clearly indicated in the table below, each claimed limitations of claim 5 of the current application is anticipated by the corresponding limitations of claim 5 of the reference patent except for bi-prediction partition 2 which consists of subblocks on the diagonal line and uni-prediction motion information of the triangle merging candidate is stored and decode a first triangle merging index and a second triangle merging index. . Current Application US 11800087 Claim 5: A moving picture decoding method using a triangle merge mode, the moving picture decoding method comprising: a decoding step for decoding a first triangle merging index and a second triangle merging index; a triangle merging candidate list constructing step for constructing a triangle merging candidate list including spatial merging candidates; a first triangle merging candidate selecting step for selecting, from the triangle merging candidate list, a first triangle merging candidate that is used for uni-prediction partition 0 which consists of subblocks above a diagonal line of the triangle partition splitting a coding block; and a second triangle merging candidate selecting step for selecting, from the triangle merging candidate list, a second triangle merging candidate that is used for uni-prediction partition 1 which consists of subblocks below the diagonal line, wherein in bi-prediction partition 2 which consists of subblocks on the diagonal line where motion compensation by weighted averaging by the first triangle merging candidate and the second triangle merging candidate is performed, uni-prediction motion information of the second triangle merging candidate is stored in a coding information storage memory so that the uni-prediction motion information of the second triangle merging candidate can be referred to as inter prediction information neighboring the coding block without storing bi-prediction motion information which is converted from motion information of list L0 and motion information of List L1 Claim 5 A moving picture decoding method using a triangle merge mode, the moving picture decoding method comprising: a triangle merging candidate list constructing step for constructing a triangle merging candidate list including spatial merging candidates; a first triangle merging candidate selecting step for selecting, from the triangle merging candidate list, a first triangle merging candidate that is uni-prediction, wherein the first triangle merging candidate is used in a triangle partition above a diagonal line of the triangle partition splitting a coding block; and a second triangle merging candidate selecting step for selecting, from the triangle merging candidate list, a second triangle merging candidate that is uni-prediction, wherein the second triangle merging candidate is used in a triangle partition below the diagonal line, wherein in a region where motion compensation by weighted averaging by the first triangle merging candidate and the second triangle merging candidate is performed, uni-prediction motion information of the second triangle merging candidate is stored in a coding information storage memory so that the uni-prediction motion information can be referred to as inter prediction information neighboring the coding block without storing bi-prediction motion information which is converted from motion information of list L0 and motion information of List L1. Claim 5 of US 11800087 does not disclose that bi-prediction partition 2 which consists of subblocks on the diagonal line and uni-prediction motion information of the triangle merging candidate is stored and decode a first triangle merging index and a second triangle merging index. ZHAO discloses that bi-prediction partition 2 which consists of subblocks on the diagonal line (as shown in fig. 15, some subblocks are around diagonal line) and uni-prediction motion information of the triangle merging candidate is stored (as shown in fig. 10, uni-prediction motion information of the triangle merging candidate is stored; page 64, line 1-10, … The motion vectors, associated with the triangular partitions, may be stored on a 4x4 luma-sample based grid for future referencing; page 65, line 15-20, … for motion vector storage, depending on the location of each 4x4 block within the current block, either a uni-prediction MV or a bi-prediction MV is stored as shown in FIG. 10; the triangle merging candidate is shown in fig. 12; page 21, Fig. 12 shows a flowchart of the method for merge candidate list generation). and decode a first triangle merging index and a second triangle merging index(page 72, … The additional flag is coded after the merge index (merge_triangle_idx) is coded). It would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to incorporate the technology that bi-prediction partition 2 which consists of subblocks on the diagonal line and uni-prediction motion information of the triangle merging candidate is stored and decode a first triangle merging index and a second triangle merging index as a modification to the Claim 5 of US 11800087 for the benefit of that the decoder is able to uniquely decide which motion vectors are stored at which positions (see page 64, line 1-10). 14 Claim 6 is rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 6 of US Patent US 11800087 in view of ZHAO et al. (WO2020073896). For Claim 6, although the conflicting claims are not identical, they both are dealing with moving picture decoding device/method/ non-transitory computer-readable medium storing a moving picture coding program using a triangle merge mode. As clearly indicated in the table below, each claimed limitations of claim 6 of the current application is anticipated by the corresponding limitations of claim 6 of the reference patent except for bi-prediction partition 2 which consists of subblocks on the diagonal line and uni-prediction motion information of the triangle merging candidate is stored and decode a first triangle merging index and a second triangle merging index. . Current Application US 11800087 Claim 6: A non-transitory computer-readable medium storing a moving picture decoding program using a triangle merge mode, that in response to execution, causes a computer to perform operations comprising: a decoding step for decoding a first triangle merging index and a second triangle merging index; a triangle merging candidate list constructing step for constructing a triangle merging candidate list including spatial merging candidates; a first triangle merging candidate selecting step for selecting, from the triangle merging candidate list, a first triangle merging candidate that is used for uni-prediction partition 0 which consists of subblocks above a diagonal line of the triangle partition splitting a coding block; and a second triangle merging candidate selecting step for selecting, from the triangle merging candidate list, a second triangle merging candidate that is used for uni-prediction partition 1 which consists of subblocks below the diagonal line, wherein in bi-prediction partition 2 which consists of subblocks on the diagonal line where motion compensation by weighted averaging by the first triangle merging candidate and the second triangle merging candidate is performed, uni-prediction motion information of the second triangle merging candidate is stored in a coding information storage memory so that the uni-prediction motion information of the second triangle merging candidate can be referred to as inter prediction information neighboring the coding block without storing bi-prediction motion information which is converted from motion information of list L0 and motion information of List L1. Claim 6 A non-transitory computer-readable medium storing a moving picture decoding program using a triangle merge mode, that in response to execution, causes a computer to perform operations comprising: a triangle merging candidate list constructing step for constructing a triangle merging candidate list including spatial merging candidates; a first triangle merging candidate selecting step for selecting, from the triangle merging candidate list, a first triangle merging candidate that is uni-prediction, wherein the first triangle merging candidate is used in a triangle partition above a diagonal line of the triangle partition splitting a coding block; and a second triangle merging candidate selecting step for selecting, from the triangle merging candidate list, a second triangle merging candidate that is uni-prediction, wherein the second triangle merging candidate is used in a triangle partition below the diagonal line, wherein in a region where motion compensation by weighted averaging by the first triangle merging candidate and the second triangle merging candidate is performed, uni-prediction motion information of the second triangle merging candidate is stored in a coding information storage memory so that the uni-prediction motion information can be referred to as inter prediction information neighboring the coding block without storing bi-prediction motion information which is converted from motion information of list L0 and motion information of List L1. Claim 6 of US 11800087 does not disclose that bi-prediction partition 2 which consists of subblocks on the diagonal line and uni-prediction motion information of the triangle merging candidate is stored and decode a first triangle merging index and a second triangle merging index. ZHAO discloses that bi-prediction partition 2 which consists of subblocks on the diagonal line (as shown in fig. 15, some subblocks are around diagonal line) and uni-prediction motion information of the triangle merging candidate is stored (as shown in fig. 10, uni-prediction motion information of the triangle merging candidate is stored; page 64, line 1-10, … The motion vectors, associated with the triangular partitions, may be stored on a 4x4 luma-sample based grid for future referencing; page 65, line 15-20, … for motion vector storage, depending on the location of each 4x4 block within the current block, either a uni-prediction MV or a bi-prediction MV is stored as shown in FIG. 10; the triangle merging candidate is shown in fig. 12; page 21, Fig. 12 shows a flowchart of the method for merge candidate list generation). and decode a first triangle merging index and a second triangle merging index (page 72, … The additional flag is coded after the merge index (merge_triangle_idx) is coded). It would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to incorporate the technology that bi-prediction partition 2 which consists of subblocks on the diagonal line and uni-prediction motion information of the triangle merging candidate is stored and decode a first triangle merging index and a second triangle merging index as a modification to the Claim 6 of US 11800087 for the benefit of that the decoder is able to uniquely decide which motion vectors are stored at which positions (see page 64, line 1-10). 15 Claim 1 is rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 1 of US Patent US 12192447. For Claim 1, although the conflicting claims are not identical, they both are dealing with moving picture coding device using a triangle merge mode. As clearly indicated in the table below, each claimed limitations of claim 1 of the current application is anticipated by the corresponding limitations of claim 1 of the reference patent. . Current Application US 12192447 Claim 1: A moving picture coding device using a triangle merge mode, the moving picture coding device comprising: a triangle merging candidate list constructor structured to a construct a triangle merging candidate list including spatial merging candidates; a first triangle merging candidate selector structured to select, from the triangle merging candidate list, a first triangle merging candidate that is used for uni-prediction partition 0 which consists of subblocks above a diagonal line of the triangle partition splitting a coding block; a second triangle merging candidate selector structured to select, from the triangle merging candidate list, a second triangle merging candidate that is used for uni-prediction partition 1 which consists of subblocks below the diagonal line; and a coding unit structured to code a first triangle merging index and a second triangle merging index, and in bi-prediction partition 2 which consists of subblocks on the diagonal line where motion compensation by weighted averaging by the first triangle merging candidate and the second triangle merging candidate is performed, uni-prediction motion information of the second triangle merging candidate is stored in a coding information storage memory so that the uni-prediction motion information of the second triangle merging candidate can be referred to as inter prediction information neighboring the coding block without storing bi-prediction motion information which is converted from motion information of list L0 and motion information of List L1 Claim 1 A moving picture coding device using a triangle merge mode, the moving picture coding device comprising: a triangle merging candidate list constructor structured to a construct a triangle merging candidate list including spatial merging candidates; a first triangle merging candidate selector structured to select, from the triangle merging candidate list, a first triangle merging candidate that is used for uni-prediction partition 0 which consists of subblocks above a diagonal line of the triangle partition splitting a coding block; a second triangle merging candidate selector structured to select, from the triangle merging candidate list, a second triangle merging candidate that is used for uni-prediction partition 1 which consists of subblocks below the diagonal line; and a coding unit structured to code a first triangle merging index and a second triangle merging index, wherein in uni-prediction partition 1, uni-prediction motion information of the second triangle merging candidate is stored and in bi-prediction partition 2 which consists of subblocks on the diagonal line where motion compensation by weighted averaging by the first triangle merging candidate and the second triangle merging candidate is performed, uni-prediction motion information of the second triangle merging candidate is stored in a coding information storage memory so that the uni-prediction motion information of the second triangle merging candidate can be referred to as inter prediction information neighboring the coding block without storing bi-prediction motion information which is converted from motion information of list L0 and motion information of List L1. 16. Similarly, Claim 2 is rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 2 of US Patent US 12192447. 17. Similarly, Claim 3 is rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 3 of US Patent US 12192447. 18. Similarly, Claim 4 is rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 4 of US Patent US 12192447. 19. Similarly, claim 5 is rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 5 of US Patent US 12192447. 20. Similarly, Claim 6 is rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 6 of US Patent US 12192447. 21. Similarly, Claim 7 is rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 7 of US Patent US 12192447. 22. Similarly, Claim 8 is rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 8 of US Patent US 12192447. 23 Claim 1 is provisionally rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 1 of Co-pending US Patent Application 19023901. For Claim 1, although the conflicting claims are not identical, they both are dealing with moving picture coding device using a triangle merge mode. As clearly indicated in the table below, each claimed limitations of claim 1 of the current application is anticipated by the corresponding limitations of claim 1 of the reference Application. . Current Application US Application 19023901 Claim 1: A moving picture coding device using a triangle merge mode, the moving picture coding device comprising: a triangle merging candidate list constructor structured to a construct a triangle merging candidate list including spatial merging candidates; a first triangle merging candidate selector structured to select, from the triangle merging candidate list, a first triangle merging candidate that is used for uni-prediction partition 0 which consists of subblocks above a diagonal line of the triangle partition splitting a coding block; a second triangle merging candidate selector structured to select, from the triangle merging candidate list, a second triangle merging candidate that is used for uni-prediction partition 1 which consists of subblocks below the diagonal line; and a coding unit structured to code a first triangle merging index and a second triangle merging index, and in bi-prediction partition 2 which consists of subblocks on the diagonal line where motion compensation by weighted averaging by the first triangle merging candidate and the second triangle merging candidate is performed, uni-prediction motion information of the second triangle merging candidate is stored in a coding information storage memory so that the uni-prediction motion information of the second triangle merging candidate can be referred to as inter prediction information neighboring the coding block without storing bi-prediction motion information which is converted from motion information of list L0 and motion information of List L1 Claim 1 A moving picture coding device using a triangle merge mode, the moving picture coding device comprising: a triangle merging candidate list constructor structured to construct a triangle merging candidate list including spatial merging candidates; a first triangle merging candidate selector structured to select, from the triangle merging candidate list, a first triangle merging candidate that is used for uni-prediction partition 0 which consists of subblocks above a diagonal line of the triangle partition splitting a coding block; a second triangle merging candidate selector structured to select, from the triangle merging candidate list, a second triangle merging candidate that is used for uni- prediction partition 1 which consists of subblocks below the diagonal line; and a coding unit structured to code a first triangle merging index and a second triangle merging index,wherein in uni-prediction partition 0, uni-prediction motion information of the first triangle merging candidate is stored and in uni-prediction partition 1, uni-prediction motion information of the second triangle merging candidate is stored and in bi-prediction partition 2 which consists of subblocks on the diagonal line where motion compensation by weighted averaging by the first triangle merging candidate and the second triangle merging candidate is performed, uni-prediction motion information of the second triangle merging candidate is stored in a coding information storage memory so that the uni-prediction motion information of the second triangle merging candidate can be referred to as inter prediction information neighboring the coding block without storing bi-prediction motion information which is converted from motion information of list LO and motion information of List L1. 24. Similarly, Claim 2 is provisionally rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 2 of US Application 19023901. 25. Similarly, Claim 3 is provisionally rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 3 of US Application 19023901. 26. Similarly, Claim 4 is provisionally rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 4 of US Application 19023901. 27. Similarly, claim 5 is provisionally rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 5 of US Application 19023901. 28. Similarly, Claim 6 is provisionally rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 6 of US Application 19023901. 29. Similarly, Claim 7 is provisionally rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 7 of US Application 19023901. 30. Similarly, Claim 8 is provisionally rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 8 of US Application 19023901. 31 Claim 1 is provisionally rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 1 of Co-pending US Patent Application 19023914 in view of ZHAO et al. (WO2020073896). For Claim 1, although the conflicting claims are not identical, they both are dealing with moving picture coding device using a triangle merge mode. As clearly indicated in the table below, each claimed limitations of claim 1 of the current application is anticipated by the corresponding limitations of claim 1 of the reference Application except for code a first triangle merging index and a second triangle merging index. . . Current Application US Application 19023914 Claim 1: A moving picture coding device using a triangle merge mode, the moving picture coding device comprising: a triangle merging candidate list constructor structured to a construct a triangle merging candidate list including spatial merging candidates; a first triangle merging candidate selector structured to select, from the triangle merging candidate list, a first triangle merging candidate that is used for uni-prediction partition 0 which consists of subblocks above a diagonal line of the triangle partition splitting a coding block; a second triangle merging candidate selector structured to select, from the triangle merging candidate list, a second triangle merging candidate that is used for uni-prediction partition 1 which consists of subblocks below the diagonal line; and a coding unit structured to code a first triangle merging index and a second triangle merging index, and in bi-prediction partition 2 which consists of subblocks on the diagonal line where motion compensation by weighted averaging by the first triangle merging candidate and the second triangle merging candidate is performed, uni-prediction motion information of the second triangle merging candidate is stored in a coding information storage memory so that the uni-prediction motion information of the second triangle merging candidate can be referred to as inter prediction information neighboring the coding block without storing bi-prediction motion information which is converted from motion information of list L0 and motion information of List L1 Claim 1 A moving picture coding device using a triangle merge mode, the moving picture coding device comprising: a triangle merging candidate list constructor structured to construct a triangle merging candidate list including spatial merging candidates; a first triangle merging candidate selector structured to select, from the triangle merging candidate list, a first triangle merging candidate that is used for uni-prediction partition 0 which consists of subblocks above a diagonal line of the triangle partition splitting a coding block; and a second triangle merging candidate selector structured to select, from the triangle merging candidate list, a second triangle merging candidate that is used for uni-prediction partition 1 which consists of subblocks below the diagonal line,wherein in bi-prediction partition 2 which consists of subblocks on the diagonal line where motion compensation by weighted averaging by the first triangle merging candidate and the second triangle merging candidate is performed, uni-prediction motion information of the second triangle merging candidate is stored in a coding information storage memory so that the uni- prediction motion information of the second triangle merging candidate can be referred to as inter prediction information neighboring the coding block without storing bi-prediction motion information which is converted from motion information of list LO and motion information of List L1. Claim 1 of US 19023914 does not disclose that code a first triangle merging index and a second triangle merging index. ZHAO discloses that code a first triangle merging index and a second triangle merging index (page 72, … The additional flag is coded after the merge index (merge_triangle_idx) is coded). It would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to incorporate the technology that code a first triangle merging index and a second triangle merging index as a modification to the Claim 1 of US 19023914 for the benefit of that the decoder is able to uniquely decide which motion vectors are stored at which positions (see page 64, line 1-10). Similarly, Claim 2 is provisionally rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 2 of US Application 19023914 in view of ZHAO et al. (WO2020073896). Similarly, Claim 3 is provisionally rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 3 of US Application 19023914 in view of ZHAO et al. (WO2020073896). 32 Claim 4 is provisionally rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 1 of Co-pending US Patent Application 19023914 in view of ZHAO et al. (WO2020073896). For Claim 4, although the conflicting claims are not identical, they both are dealing with moving picture decoding device using a triangle merge mode. As clearly indicated in the table below, each claimed limitations of claim 4 of the current application is anticipated by the corresponding limitations of claim 1 of the reference Application except for decode a first triangle merging index and a second triangle merging index. . . Current Application US Application 19023914 Claim 1: A moving picture decoding device using a triangle merge mode, the moving picture decoding device comprising: a decoding unit structured to decode a first triangle merging index and a second triangle merging index; a triangle merging candidate list constructor structured to construct a triangle merging candidate list including spatial merging candidates; a first triangle merging candidate selector structured to select, from the triangle merging candidate list, a first triangle merging candidate that is used for uni-prediction partition 0 which consists of subblocks above a diagonal line of the triangle partition splitting a coding block; and a second triangle merging candidate selector structured to select, from the triangle merging candidate list, a second triangle merging candidate that is used for uni-prediction partition 1 which consists of subblocks below the diagonal line, wherein in uni-prediction partition 1, uni-prediction motion information of the second triangle merging candidate is stored and in bi-prediction partition 2 which consists of subblocks on the diagonal line where motion compensation by weighted averaging by the first triangle merging candidate and the second triangle merging candidate is performed, uni-prediction motion information of the second triangle merging candidate is stored in a coding information storage memory so that the uni-prediction motion information of the second triangle merging candidate can be referred to as inter prediction information neighboring the coding block without storing bi-prediction motion information which is converted from motion information of list L0 and motion information of List L1 Claim 4 A moving picture decoding device using a triangle merge mode, the moving picturedecoding device comprising: a triangle merging candidate list constructor structured to construct a triangle merging candidate list including spatial merging candidates; a first triangle merging candidate selector structured to select, from the triangle merging candidate list, a first triangle merging candidate that is used for uni-prediction partition 0 which consists of subblocks above a diagonal line of the triangle partition splitting a coding block; and a second triangle merging candidate selector structured to select, from the triangle merging candidate list, a second triangle merging candidate that is used for uni-prediction partition 1 which consists of subblocks below the diagonal line,wherein in bi-prediction partition 2 which consists of subblocks on the diagonal line where motion compensation by weighted averaging by the first triangle merging candidate and the second triangle merging candidate is performed, uni-prediction motion information of the second triangle merging candidate is stored in a coding information storage memory so that the uni- prediction motion information of the second triangle merging candidate can be referred to as inter prediction information neighboring the coding block without storing bi-prediction motion information which is converted from motion information of list LO and motion information of List L1. Claim 4 of US 19023914 does not disclose that decode a first triangle merging index and a second triangle merging index. ZHAO discloses that decode a first triangle merging index and a second triangle merging index (page 72, … The additional flag is coded after the merge index (merge_triangle_idx) is coded). It would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to incorporate the technology that decode a first triangle merging index and a second triangle merging index as a modification to the Claim 4 of US 19023914 for the benefit of that the decoder is able to uniquely decide which motion vectors are stored at which positions (see page 64, line 1-10). 33. Similarly, Claim 5 is provisionally rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 5 of US Application 19023914 in view of ZHAO et al. (WO2020073896). 34. Similarly, Claim 6 is provisionally rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 6 of US Application 19023901 in view of ZHAO et al. (WO2020073896). 35. Similarly, Claim 7 is provisionally rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 4 of US Application 19023901 in view of ZHAO et al. (WO2020073896). 36. Similarly, claim 8 is provisionally rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 5 of US Application 19023901 in view of ZHAO et al. (WO2020073896). Claim Rejections - 35 USC § 112(d) 37. The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. 38. Claim 7 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 7 depend on independent claim 2 but fails to further limit the subject matter of the claim upon which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. 39. Claim 8 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 8 depend on independent claim 2 but fails to further limit the subject matter of the claim upon which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. Claim Rejections - 35 USC § 112 (b) 40. The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. 41. For claim 7, it is dependent on claim 2, which is a moving picture coding method; however, claim 7 as a whole is directed to a storing method. Therefore, it is not clear claim 2 claims a storing method or a moving picture coding method. 42. For claim 8, it is dependent on claim 2, which is a moving picture coding method; however, claim 8 as a whole is directed to a transmitting method. Therefore, it is not clear claim 2 claims a transmitting method or a moving picture coding method. Conclusion 43 The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form 892. 44. Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZAIHAN JIANG whose telephone number is (571)272-1399. The examiner can normally be reached on flexible. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sath Perungavoor can be reached on (571)272-7455. The fax phone number for the organization where this application or proceeding is assigned is 571-270-0655. 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. /ZAIHAN JIANG/Primary Examiner, Art Unit 2488
Read full office action

Prosecution Timeline

Nov 26, 2024
Application Filed
Jan 16, 2025
Response after Non-Final Action
Jan 22, 2026
Non-Final Rejection — §112, §DP (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12587655
IMPROVING STREAMING VIDEO QUALITY IN LOSSY NETWORK CONDITIONS
2y 5m to grant Granted Mar 24, 2026
Patent 12581105
SUPPLEMENTAL ENHANCEMENT INFORMATION MESSAGE CONSTRAINTS
2y 5m to grant Granted Mar 17, 2026
Patent 12581117
THREE-DIMENSIONAL DATA ENCODING METHOD, THREE-DIMENSIONAL DATA DECODING METHOD, THREE-DIMENSIONAL DATA ENCODING DEVICE, AND THREE-DIMENSIONAL DATA DECODING DEVICE
2y 5m to grant Granted Mar 17, 2026
Patent 12581055
VERIFICATION METHOD FOR A PANORAMIC LENS FOCUSING WORKSTATION
2y 5m to grant Granted Mar 17, 2026
Patent 12574547
VIDEO DIVERSIFICATION DEVICE, VIDEO SERVICE SYSTEM HAVING THE SAME, AND OPERATING METHOD THEREOF
2y 5m to grant Granted Mar 10, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
99%
With Interview (+25.1%)
2y 6m
Median Time to Grant
Low
PTA Risk
Based on 626 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month