DETAILED ACTION
The present Office action is in response to the application filing on 4 DECEMBER 2024.
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 .
Information Disclosure Statement
The Information Disclosure Statement (IDS) submitted on 12/04/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the Information Disclosure Statement is being considered by the Examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: --ENCODER, DECODER, ENCODING METHOD, AND DECODING METHOD WITH PARAMETER SETS IDENTIFYING TEMPORAL SCALABILITY--.
Claim Rejections - 35 USC § 112
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.
Claims 1 and 2 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
With regard to claims 1 and 2, the limitation “the third picture having a smaller temporal ID as the second picture” is indefinite because limitation requires a comparative result (i.e., “smaller”) without clearly defining the sufficient parameters. The claimed third parameter has to have a temporal ID smaller “as” the second picture; however, the temporal ID of the second picture is only limited to being the same as the first picture. Therefore, the claim seems to suggest each of the first picture, second picture, and third picture have a temporal ID smaller than something else, which is not clearly defined in the claim. For examination purposes, the limitation could be interpreted as (i) the third picture having a smaller temporal ID than the second picture or (ii) the third picture and the second picture both have a small temporal ID, which also renders the claim indefinite for using a relative term without providing a standard for ascertaining the requisite degree.
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 and 2 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 12,200,234 (hereinafter “Patent ‘234). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application include the same limitations of Patent ‘234, with exception of the statutory category. The instant application recites methods that correspond to the same functionality of the circuits disclosed in Patent ‘234.
The following tables exemplify the similarities between the instant application and Patent ‘234.
Instant Application
Patent ‘234
Claim 1: An encoding method comprising:
Claim 1: An encoder comprising:
circuitry; and
performing a first operation or a second operation based on a Network Abstraction Layer (NAL) unit type,
memory coupled to the circuitry, wherein the circuitry performs a first operation or a second operation based on a Network Abstraction Layer (NAL) unit type,
wherein the first operation comprising:
wherein in the first operation, the circuitry, in operation:
encoding a first picture; and
encodes a first picture; and
encoding a second picture after encoding a first parameter set for the second picture, the second picture following the first picture in encoding order, the second picture and the first parameter set for the second picture having a same temporal ID, the temporal ID indicating a hierarchical layer regarding temporal scalability, the NAL unit type of the second picture identical to a NAL unit type of a Step-wise Temporal Sub-layer Access (STSA) picture, the first parameter set being common for a plurality of pictures included in a hierarchical layer including the second picture, and
encodes a second picture after encoding a first parameter set for the second picture, the second picture following the first picture in encoding order, the second picture and the first parameter set for the second picture having a same temporal ID, the temporal ID indicating a hierarchical layer regarding temporal scalability, the NAL unit type of the second picture identical to a NAL unit type of a Step-wise Temporal Sub- layer Access (STSA) picture, the first parameter set being common for a plurality of pictures included in a hierarchical layer including the second picture, and
wherein the second operation comprising:
wherein in the second operation, the circuitry, in operation:
encoding the first picture; and
encodes the first picture; and
encoding a third picture which follows the first picture in the encoding order without encoding a second parameter set for the third picture after encoding the first picture, the third picture following the first picture in encoding order, the NAL unit type of the third picture not identical to the NAL unit type of the STSA picture, the third picture having a smaller temporal ID as the second picture.
encodes a third picture which follows the first picture in the encoding order without encoding a second parameter set for the third picture after encoding the first picture, the third picture following the first picture in encoding order, the NAL unit type of the third picture not identical to the NAL unit type of the STSA picture, the third picture having a smaller temporal ID as the second picture.
Instant Application
Patent ‘234
Claim 2: A decoding method comprising:
Claim 2: A decoder comprising:
circuitry; and
performing a first operation or a second operation based on a Network Abstraction Layer (NAL) unit type,
memory coupled to the circuitry, wherein the circuitry performs a first operation or a second operation based on a Network Abstraction Layer (NAL) unit type,
wherein the first operation comprising:
wherein in the first operation, the circuitry, in operation:
decoding a first picture; and
decodes a first picture; and
decoding a second picture after decoding a first parameter set for the second picture, the second picture following the first picture in decoding order, the second picture and the first parameter set for the second picture having a same temporal ID, the temporal ID indicating a hierarchical layer regarding temporal scalability, the NAL unit type of the second picture identical to a NAL unit type of a Step-wise Temporal Sub-layer Access (STSA) picture, the first parameter set being common for a plurality of pictures included in a hierarchical layer including the second picture, and
decodes a second picture after decoding a first parameter set for the second picture, the second picture following the first picture in decoding order, the second picture and the first parameter set for the second picture having a same temporal ID, the temporal ID indicating a hierarchical layer regarding temporal scalability, the NAL unit type of the second picture identical to a NAL unit type of a Step-wise Temporal Sub- layer Access (STSA) picture, the first parameter set being common for a plurality of pictures included in a hierarchical layer including the second picture, and
wherein the second operation comprising:
wherein in the second operation, the circuitry, in operation:
decoding the first picture; and
decodes the first picture; and
decoding a third picture which follows the first picture in the decoding order without decoding a second parameter set for the third picture after decoding the first picture, the third picture following the first picture in decoding order, the NAL unit type of the third picture not identical to the NAL unit type of the STSA picture, the third picture having a smaller temporal ID as the second picture.
decodes a third picture which follows the first picture in the decoding order without decoding a second parameter set for the third picture after decoding the first picture, the third picture following the first picture in decoding order, the NAL unit type of the third picture not identical to the NAL unit type of the STSA picture, the third picture having a smaller temporal ID as the second picture.
Claims 1 and 2 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,871,016 (hereinafter “Patent ‘016). Although the claims at issue are not identical, they are not patentably distinct from each other because the only distinction is the sharing of some parameters between pictures in a layer and the sharing of at least some parameters in itself is well-known as a means to reduce bandwidth.
The following tables exemplify the similarities between the instant application and Patent ‘016.
Instant Application
Patent ‘016
Claim 2: A decoding method comprising:
Claim 1: A decoding method comprising:
performing a first operation or a second operation based on a Network Abstraction Layer (NAL) unit type,
performing a first operation or a second operation based on a Network Abstraction Layer (NAL) unit type,
wherein the first operation comprising:
wherein the first operation comprising:
decoding a first picture; and
decoding a first picture; and
decoding a second picture after decoding a first parameter set for the second picture, the second picture following the first picture in decoding order, the second picture and the first parameter set for the second picture having a same temporal ID, the temporal ID indicating a hierarchical layer regarding temporal scalability, the NAL unit type of the second picture identical to a NAL unit type of a Step-wise Temporal Sub-layer Access (STSA) picture, the first parameter set being common for a plurality of pictures included in a hierarchical layer including the second picture, and
decoding a second picture after decoding a first parameter set for the second picture, the second picture following the first picture in decoding order, the second picture and the first parameter set for the second picture having a same temporal ID, the temporal ID indicating a hierarchical layer regarding temporal scalability, the NAL unit type of the second picture identical to a NAL unit type of a Step-wise Temporal Sub- layer Access (STSA) picture, and
wherein the second operation comprising:
wherein the second operation comprising:
decoding the first picture; and
decoding the first picture; and
decoding a third picture which follows the first picture in the decoding order without decoding a second parameter set for the third picture after decoding the first picture, the third picture following the first picture in decoding order, the NAL unit type of the third picture not identical to the NAL unit type of the STSA picture, the third picture having a smaller temporal ID as the second picture.
decoding a third picture without decoding a second parameter set for the third picture after decoding the first picture, the third picture following the first picture in decoding order, the NAL unit type of the third picture not identical to the NAL unit type of the STSA picture, the third picture having a smaller temporal ID than the second picture.
Claims 1 and 2 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 2 of U.S. Patent No. 11,575,920 (hereinafter “Patent ‘920). Although the claims at issue are not identical, they are not patentably distinct from each other because the only distinction is the statutory category and the sharing of some parameters between pictures in a layer, for which the sharing of at least some parameters in itself is well-known as a means to reduce bandwidth.
The following tables exemplify the similarities between the instant application and Patent ‘920.
Instant Application
Patent ‘920
Claim 2: A decoding method comprising:
Claim 1: A decoder comprising:
circuitry; and
performing a first operation or a second operation based on a Network Abstraction Layer (NAL) unit type,
memory coupled to the circuitry, wherein the circuitry performs a first operation or a second operation based on a Network Abstraction Layer (NAL) unit type,
wherein the first operation comprising:
wherein in the first operation, the circuitry, in operation,
decoding a first picture; and
decodes a first picture; and
decoding a second picture after decoding a first parameter set for the second picture, the second picture following the first picture in decoding order, the second picture and the first parameter set for the second picture having a same temporal ID, the temporal ID indicating a hierarchical layer regarding temporal scalability, the NAL unit type of the second picture identical to a NAL unit type of a Step-wise Temporal Sub-layer Access (STSA) picture, the first parameter set being common for a plurality of pictures included in a hierarchical layer including the second picture, and
decodes a second picture after decoding a first parameter set for the second picture, the second picture following the first picture in decoding order, the second picture and the first parameter set for the second picture having a same temporal ID, the temporal ID indicating a hierarchical layer regarding temporal scalability, the NAL unit type of the second picture identical to a NAL unit type of a Step-wise Temporal Sub-layer Access (STSA) picture,
wherein the second operation comprising:
in the second operation, the circuitry, in operation,
decoding the first picture; and
decodes the first picture; and
decoding a third picture which follows the first picture in the decoding order without decoding a second parameter set for the third picture after decoding the first picture, the third picture following the first picture in decoding order, the NAL unit type of the third picture not identical to the NAL unit type of the STSA picture, the third picture having a smaller temporal ID as the second picture.
decodes a third picture without decoding a second parameter set for the third picture after decoding the first picture, the third picture following the first picture in decoding order, the NAL unit type of the third picture not identical to the NAL unit type of the STSA picture, the third picture having a smaller temporal ID as the second picture.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
U.S. Publication No. 2015/0358629 A1 – Discloses Step-wise Temporal Sub-layer Access pictures and how they are to be accessed (¶ [0197]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STUART D BENNETT whose telephone number is (571)272-0677. The examiner can normally be reached Monday - Friday from 9:00 AM - 5PM EST.
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, William Vaughn can be reached at 571-272-3922. 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.
/STUART D BENNETT/Examiner, Art Unit 2481