DETAILED ACTION
Notice of Pre-AIA or AIA Status
This is in response to application no. 18/970,402 filed on December 05, 2024. The present application is being examined under the pre-AIA first to invent provisions.
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.
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Claims 1-2 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3 of U.S. Patent No. US 10779010. Although the claims at issue are not identical, they are not patentably distinct from each other because the current claims 1 and 2 are anticipated by the claims 1 and 3 of the cited pat.‘010.
Table 1 below shows the comparison between the current claims and the claims of the cited pat.‘010.
Table 1
Current claims
Pat. US 10779010 B2 claims
1. An encoding method comprising: generating a reconstructed image; and performing deblocking filtering on a boundary between a first reconstructed block and a second reconstructed block, each of the first reconstructed block and the second reconstructed block including a plurality of segments which are separated along a line that is perpendicular to the boundary,
3. A decoding method for deblocking filtering of image blocks of pixels, comprising the steps of: dividing each of a first block and a second block that are separated by a first boundary into at least two groups of pixels along a line that is perpendicular to said first boundary, the first block including a first group of pixels and a second groups of pixels, the second block including a third group of pixels and a fourth group of pixels, and the first block and the second block being included in the frame;
wherein the deblocking filtering includes: for each respective line of pixels which is perpendicular to the boundary and to which a deblocking filter is to be applied, selecting one type of deblocking filter from among a plurality of types of deblocking filters,
first judging whether or not to apply a deblocking filter to pixels adjacent to the first boundary of the first block and the second block; first selecting a first deblocking filter for deblocking pixels adjacent to the first boundary; second judging whether or not to apply a deblocking filter to pixels adjacent to a second boundary, the second boundary being a boundary between a third block and one of the first block and the second block and perpendicular to the first boundary… and second selecting a second deblocking filter for deblocking pixels adjacent to the second boundary
using sample pixels in the respective line of pixels included in a segment of the plurality of segments and without using any sample pixels included in other segments of the plurality of segments,
for the first group of pixels in the first block and the third group of pixels in the second block, one type of deblocking filter is selected as the first deblocking filter, from among a plurality of types of deblocking filters, using (i) sample pixels in the first group of pixels in the first block and (ii) sample pixels in the third group of pixels in the second block, and without using any (i) sample pixels in the second group of pixels in the first block and (ii) sample pixels in the fourth group of pixels in the second block.
and wherein each respective line of pixels is separated by the boundary by being intersected with the boundary.
dividing each of a first block and a second block that are separated by a first boundary into at least two groups of pixels along a line that is perpendicular to said first boundary,
2. An encoder comprising: processing circuitry; and a memory coupled to the processing circuitry, wherein the processing circuitry is configured to: generate a reconstructed image; and perform deblocking filtering on a boundary between a first reconstructed block and a second reconstructed block, each of the first reconstructed block and the second reconstructed block including a plurality of segments which are separated along a line that is perpendicular to the boundary,
1. A decoding device decoding blocks of a frame, comprising: a processor; and a memory coupled to the processor; wherein the processor performs the following: dividing each of a first block and a second block that are separated by a first boundary into at least two groups of pixels along a line that is perpendicular to said first boundary, the first block including a first group of pixels and a second groups of pixels, the second block including a third group of pixels and a fourth group of pixels, and the first block and the second block being included in the frame; first judging whether or not to apply a deblocking filter to pixels adjacent to the first boundary of the first block and the second block
wherein the deblocking filtering includes: for each respective line of pixels which is perpendicular to the boundary and to which a deblocking filter is to be applied, selecting one type of deblocking filter from among a plurality of types of deblocking filters,
first selecting a first deblocking filter for deblocking pixels adjacent to the first boundary; second judging whether or not to apply a deblocking filter to pixels adjacent to a second boundary, the second boundary being a boundary between a third block and one of the first block and the second block and perpendicular to the first boundary… and second selecting a second deblocking filter for deblocking pixels adjacent to the second boundary,
using sample pixels in the respective line of pixels included in a segment of the plurality of segments and without using any sample pixels included in other segments of the plurality of segments,
for the first group of pixels in the first block and the third group of pixels in the second block, one type of deblocking filter is selected as the first deblocking filter, from among a plurality of types of deblocking filters, using (i) sample pixels in the first group of pixels in the first block and (ii) sample pixels in the third group of pixels in the second block, and without using any (i) sample pixels in the second group of pixels in the first block and (ii) sample pixels in the fourth group of pixels in the second block.
and wherein each respective line of pixels is separated by the boundary by being intersected with the boundary.
dividing each of a first block and a second block that are separated by a first boundary into at least two groups of pixels along a line that is perpendicular to said first boundary
Note: the limitations of the pat. ‘010 do not use the term “reconstructed”, however, the recited image blocks i.e., “a first block and a second block” in pat. ‘010 claims are reconstructed image blocks. See pat. ‘010 Figs.1-3, col. 5, lines 31-33 stating “Within the video encoder 100, a decoding unit is incorporated for obtaining a decoded (reconstructed) video signal s′.”
Claims 1-2 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3 of U.S. Patent No. US 10897634 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the current claims 1 and 2 are anticipated by the claims 1 and 3 of the cited pat.‘634.
Table 2 below shows the comparison between the current claims and the claims of the cited pat.‘634.
Table 2
Current claims
Pat. US 10897634 B2 claims
1. An encoding method comprising: generating a reconstructed image; and performing deblocking filtering on a boundary between a first reconstructed block and a second reconstructed block, each of the first reconstructed block and the second reconstructed block including a plurality of segments which are separated along a line that is perpendicular to the boundary,
3. A coding method for deblocking filtering of image blocks of pixels, comprising the steps of: dividing each of a first block and a second block that are separated by a first boundary into at least two groups of pixels along a line that is perpendicular to said first boundary, the first block including a first group of pixels and a second groups of pixels, the second block including a third group of pixels and a fourth group of pixels, and the first block and the second block being included in the frame
wherein the deblocking filtering includes: for each respective line of pixels which is perpendicular to the boundary and to which a deblocking filter is to be applied, selecting one type of deblocking filter from among a plurality of types of deblocking filters,
first selecting a first deblocking filter for deblocking pixels adjacent to the first boundary; second judging whether or not to apply a deblocking filter to pixels adjacent to a second boundary, the second boundary being a boundary between a third block and one of the first block and the second block and perpendicular to the first boundary… and second selecting a second deblocking filter for deblocking pixels adjacent to the second boundary,
using sample pixels in the respective line of pixels included in a segment of the plurality of segments and without using any sample pixels included in other segments of the plurality of segments,
and in the first selecting, for the first group of pixels in the first block and the third group of pixels in the second block, one type of deblocking filter is selected as the first deblocking filter, from among a plurality of types of deblocking filters, using (i) sample pixels in the first group of pixels in the first block and (ii) sample pixels in the third group of pixels in the second block, and without using any (i) sample pixels in the second group of pixels in the first block and (ii) sample pixels in the fourth group of pixels in the second block.
and wherein each respective line of pixels is separated by the boundary by being intersected with the boundary.
dividing each of a first block and a second block that are separated by a first boundary into at least two groups of pixels along a line that is perpendicular to said first boundary
2. An encoder comprising: processing circuitry; and a memory coupled to the processing circuitry, wherein the processing circuitry is configured to: generate a reconstructed image; and perform deblocking filtering on a boundary between a first reconstructed block and a second reconstructed block, each of the first reconstructed block and the second reconstructed block including a plurality of segments which are separated along a line that is perpendicular to the boundary,
1. A coding device coding blocks of a frame, comprising: a processor; and a memory coupled to the processor; wherein the processor performs the following: dividing each of a first block and a second block that are separated by a first boundary into at least two groups of pixels along a line that is perpendicular to said first boundary, the first block including a first group of pixels and a second groups of pixels, the second block including a third group of pixels and a fourth group of pixels, and the first block and the second block being included in the frame; first selecting a first deblocking filter for deblocking pixels adjacent to the first boundary;
wherein the deblocking filtering includes: for each respective line of pixels which is perpendicular to the boundary and to which a deblocking filter is to be applied, selecting one type of deblocking filter from among a plurality of types of deblocking filters,
first selecting a first deblocking filter for deblocking pixels adjacent to the first boundary; second judging whether or not to apply a deblocking filter to pixels adjacent to a second boundary, the second boundary being a boundary between a third block and one of the first block and the second block and perpendicular to the first boundary… and second selecting a second deblocking filter for deblocking pixels adjacent to the second boundary…
using sample pixels in the respective line of pixels included in a segment of the plurality of segments and without using any sample pixels included in other segments of the plurality of segments,
and in the first selecting, for the first group of pixels in the first block and the third group of pixels in the second block, one type of deblocking filter is selected as the first deblocking filter, from among a plurality of types of deblocking filters, using (i) sample pixels in the first group of pixels in the first block and (ii) sample pixels in the third group of pixels in the second block, and without using any (i) sample pixels in the second group of pixels in the first block and (ii) sample pixels in the fourth group of pixels in the second block.
and wherein each respective line of pixels is separated by the boundary by being intersected with the boundary.
dividing each of a first block and a second block that are separated by a first boundary into at least two groups of pixels along a line that is perpendicular to said first boundary
Note: the limitations of the pat. ‘634 do not use the term “reconstructed”, however, the recited image blocks i.e., “a first block and a second block” in pat. ‘634 are reconstructed image blocks. See pat. ‘634 Figs.1-3, col. 5, lines 31-33 stating “Within the video encoder 100, a decoding unit is incorporated for obtaining a decoded (reconstructed) video signal s′.”
Claims 1-2 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3 of U.S. Patent No. US 11218736 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the current claims 1 and 2 are anticipated by the claims 1 and 3 of the cited pat.‘736.
Table 3 below shows the comparison between the current claims and the claims of the cited pat.‘736.
Table 3
Current claims
Pat. US 11218736 B2 claims
1. An encoding method comprising: generating a reconstructed image; and performing deblocking filtering on a boundary between a first reconstructed block and a second reconstructed block, each of the first reconstructed block and the second reconstructed block including a plurality of segments which are separated along a line that is perpendicular to the boundary,
3. A coding method for deblocking filtering of image blocks of pixels, comprising the steps of: dividing each of a first block and a second block that are separated by a first boundary into at least two groups of pixels along a line that is perpendicular to said first boundary, the first block including a first group of pixels and a second groups of pixels, and the second block including a third group of pixels and a fourth group of pixels
wherein the deblocking filtering includes: for each respective line of pixels which is perpendicular to the boundary and to which a deblocking filter is to be applied, selecting one type of deblocking filter from among a plurality of types of deblocking filters,
first selecting a first deblocking filter for deblocking pixels adjacent to the first boundary… and second selecting a second deblocking filter for deblocking pixels adjacent to the second boundary, wherein the first group of pixels in the first block is adjacent to the third group of pixels in the second block…
using sample pixels in the respective line of pixels included in a segment of the plurality of segments and without using any sample pixels included in other segments of the plurality of segments,
and in the first selecting, for the first group of pixels in the first block and the third group of pixels in the second block, one type of deblocking filter is selected as the first deblocking filter, from among a plurality of types of deblocking filters, using (i) sample pixels in the first group of pixels in the first block and (ii) sample pixels in the third group of pixels in the second block, and without using any (i) sample pixels in the second group of pixels in the first block and (ii) sample pixels in the fourth group of pixels in the second block
and wherein each respective line of pixels is separated by the boundary by being intersected with the boundary.
dividing each of a first block and a second block that are separated by a first boundary into at least two groups of pixels along a line that is perpendicular to said first boundary, the first block including a first group of pixels and a second groups of pixels
2. An encoder comprising: processing circuitry; and a memory coupled to the processing circuitry, wherein the processing circuitry is configured to: generate a reconstructed image; and perform deblocking filtering on a boundary between a first reconstructed block and a second reconstructed block, each of the first reconstructed block and the second reconstructed block including a plurality of segments which are separated along a line that is perpendicular to the boundary,
1. A coding device coding blocks of a frame, comprising: a processor; and a memory coupled to the processor; wherein the processor performs the following: dividing each of a first block and a second block that are separated by a first boundary into at least two groups of pixels along a line that is perpendicular to said first boundary
wherein the deblocking filtering includes: for each respective line of pixels which is perpendicular to the boundary and to which a deblocking filter is to be applied, selecting one type of deblocking filter from among a plurality of types of deblocking filters,
first selecting a first deblocking filter for deblocking pixels adjacent to the first boundary…and second selecting a second deblocking filter for deblocking pixels adjacent to the second boundary, wherein the first group of pixels in the first block is adjacent to the third group of pixels in the second block…
using sample pixels in the respective line of pixels included in a segment of the plurality of segments and without using any sample pixels included in other segments of the plurality of segments,
and in the first selecting, for the first group of pixels in the first block and the third group of pixels in the second block, one type of deblocking filter is selected as the first deblocking filter, from among a plurality of types of deblocking filters, using (i) sample pixels in the first group of pixels in the first block and (ii) sample pixels in the third group of pixels in the second block, and without using any (i) sample pixels in the second group of pixels in the first block and (ii) sample pixels in the fourth group of pixels in the second block
and wherein each respective line of pixels is separated by the boundary by being intersected with the boundary.
dividing each of a first block and a second block that are separated by a first boundary into at least two groups of pixels along a line that is perpendicular to said first boundary
Note: the limitations of the pat.‘736 do not use the term “reconstructed”, however, the recited image blocks i.e., “a first block and a second block” in pat.‘736 are reconstructed image blocks. See pat.‘736 Figs.1-3, col. 5, lines 27-29 stating “Within the video encoder 100, a decoding unit is incorporated for obtaining a decoded (reconstructed) video signal s′.”
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of pre-AIA 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 1 and 2 is/are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Huang et al. (US 20060110065 A1).
Regarding claim 1, Huang teaches the following limitations:
An encoding method comprising: generating a reconstructed image (¶0033: the image decoder 102 decodes the received information representing an image. See Figs. 5-12 illustrating the image blocks); and performing deblocking filtering on a boundary between a first reconstructed block and a second reconstructed block (¶0033: the image decoder 102 uses an adaptive de-block filtering system to filter the image along a block boundary), each of the first reconstructed block and the second reconstructed block including a plurality of segments which are separated along a line that is perpendicular to the boundary (See Figs. 5-12 illustrating blocks separated by a vertical and a horizontal boundary, e.g. 502a-502b, 702a-702b, bolded vertical and horizontal lines), wherein the deblocking filtering includes: for each respective line of pixels which is perpendicular to the boundary and to which a deblocking filter is to be applied, selecting one type of deblocking filter from among a plurality of types of deblocking filters (¶0033: the de-block filtering system then selects and applies one of the filters from the filter set to selected pixels along a block boundary. The selected filter and the selected pixels are chosen based on the distance of an edge in the image to the block boundary. ¶0079-0081: The filter bank 310 uses the value of F_length to select a filter from a set of filters. The set of filters could, for example, low pass filters including a 9-tap low pass filter, 7-tap low pass filter , 5-tap low pass filter and 3-tap low pass filter), using sample pixels in the respective line of pixels included in a segment of the plurality of segments (pixels XL1-XL4 and XR1-XR4) and without using any sample pixels included in other segments of the plurality of segments (Note that in Huang the selection of the filter from the set of filters a 3-tap low pass filter, 5-tap low pass filter , 7-tap low pass filter and 9-tap low pass filter is based on a single row or column of pixels (e.g., row of pixels XL1-XL4 and XR1-XR4 as illustrated in Figs. 11-12)), and wherein each respective line of pixels is separated by the boundary by being intersected with the boundary (See Figs. 11-12, pixels XL1-XL4 and XR1-XR4 separated by the vertical/horizontal boundary (bolded vertical and horizontal lines)).
Regarding claim 2, Huang teaches the following limitations:
An encoder comprising: processing circuitry; and a memory coupled to the processing circuitry (Figs. 1-3: an image processing system 100 includes an encoder 108 and a decoder 102 and a memory 208), wherein the processing circuitry is configured to: generate a reconstructed image (¶0033: the image decoder 102 decodes the received information representing an image. See Figs. 5-12 illustrating the image blocks); and perform deblocking filtering on a boundary between a first reconstructed block and a second reconstructed block (¶0033: the image decoder 102 uses an adaptive de-block filtering system to filter the image along a block boundary), each of the first reconstructed block and the second reconstructed block including a plurality of segments which are separated along a line that is perpendicular to the boundary (See Figs. 5-12 illustrating blocks separated by a vertical and a horizontal boundary, e.g. 502a-502b, 702a-702b, bolded vertical and horizontal lines), wherein the deblocking filtering includes: for each respective line of pixels which is perpendicular to the boundary and to which a deblocking filter is to be applied, selecting one type of deblocking filter from among a plurality of types of deblocking filters (¶0033: the de-block filtering system then selects and applies one of the filters from the filter set to selected pixels along a block boundary. The selected filter and the selected pixels are chosen based on the distance of an edge in the image to the block boundary. ¶0079-0081: The filter bank 310 uses the value of F_length to select a filter from a set of filters. The set of filters could, for example, low pass filters including a 9-tap low pass filter, 7-tap low pass filter , 5-tap low pass filter and 3-tap low pass filter), using sample pixels in the respective line of pixels included in a segment of the plurality of segments (pixels XL1-XL4 and XR1-XR4) and without using any sample pixels included in other segments of the plurality of segments (Note that in Huang the selection of the filter from the set of filters a 3-tap low pass filter, 5-tap low pass filter , 7-tap low pass filter and 9-tap low pass filter is based on a single row or column of pixels (e.g., row of pixels XL1-XL4 and XR1-XR4 as illustrated in Figs. 11-12)), and wherein each respective line of pixels is separated by the boundary by being intersected with the boundary (See Figs. 11-12, pixels XL1-XL4 and XR1-XR4 separated by the vertical/horizontal boundary (bolded vertical and horizontal lines)).
The following are the prior art made of record and not relied upon are considered pertinent to applicant's disclosure.
Norkin et al. (US 20130287124 A1) describes deblocking filtering for reducing blocking artifacts at block boundaries. ¶0001
Van der Auwera et al. (US 20130022107 A1) describes deblocking filtering of non-square blocks. Abstract.
Van der Auwera et al. (US 20120287994 A1) describes filtering blockiness artifacts. Title
Sasai et al. (US 20120045145 A1) describes a method of removing coding artifacts occurring in a processed edge when an image signal is coded. ¶0001
Du et al. describes a parallel and area-efficient architecture for deblocking filter and Adaptive Loop Filter. Title
Conclusion
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/NATHNAEL AYNALEM/ Primary Examiner, Art Unit 2488