DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
2. Claim 10 is 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.
It is noted that, the claim is directed to; “A non-transitory computer readable medium storing a
bitstream, the bitstream being decoded by a decoding method”.
The limitation as recited in the preamble does not make it clear whether the computer readable
medium contains instructions to perform the decoding process or not. Additionally, it is not clear if the
decoder performing parsing process is operating on the bitstream stored on the medium or not since
the claim appears to recite two separate functions.
In accordance with compact prosecution as prescribed in MPEP 2173.06, claim language is
interpreted as follows: Patentable weight is given to data stored on a computer-readable medium when
there exists a functional relationship between the data and its associated substrate. MPEP 2111.05
III. For example, if a claim is drawn to a computer-readable medium containing programming, a
functional relationship exists if the programming "performs some function with respect to the computer
with which it is associated." Id. However, if the claim recites that the computer-readable medium
merely serves as a support for information or data, no functional relationship exists and the information
or data is not given patentable weight. Id.
However, claim 10 is directed to a non-transitory medium storing a bitstream, the bitstream being decoded. The body of the claim appears to indicate how the bitstream is being generated or decoded. These elements or steps are not performed by an intended computer, and the bitstream is not a form of programming that causes functions to be performed by an intended computer. This shows that the computer-readable medium merely serves as support for the bitstream and provides no functional relationship between the steps/elements that describe the generation or parsing syntax of the bitstream and intended computer system. Therefore, those claim elements are not given patentable weight. Therefore, claim 10 considered as vague and indefinite.
Double Patenting
3. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory 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).
4. 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).
5. 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.
6. 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 1-10 are rejected on the ground of non-statutory obviousness-type double patenting as
being unpatentable over patented claims 1-10 of U.S. Patent No. 12200200 and patented claims 1-16 of U.S. Patent No. 11849106, either alone or in-combination. Although the conflicting claims are not identical, they are not patentably distinct from each other because they claim the same scope of the invention, but using different variations.
18/975816
US 12200200
1. A video signal decoding method comprising: parsing a first syntax element when a merge mode is applied to a current block and a first predefined condition is satisfied, wherein the first syntax element indicates whether a first mode or a second mode is applied to the current block, when the first predefined condition is not satisfied, the first syntax element is inferred based on a third syntax element indicating whether a subblock-based merge mode is applied to the current block; determining whether to parse a second syntax element based on a second predefined condition when the first mode and the second mode are not applied to the current block, wherein the second syntax element indicates a mode applied to the current block among a third mode and a fourth mode, wherein a syntax element related to the third mode and a syntax element related to the fourth mode are located later than the first syntax element in a decoding sequence in a merge data syntax; determining a mode applied to the current block based on the first syntax element or the second syntax element; deriving motion information of the current block based on the determined mode; and generating a prediction block of the current block by using the motion information of the current block, wherein the first predefined condition includes at least one of a condition by which the third mode is usable and a condition by which the fourth mode is usable.
1. A video signal decoding method comprising: parsing a first syntax element indicating whether a merge mode is applied to a current block; parsing a second syntax element when the merge mode is applied to the current block and a first predefined condition is satisfied, wherein the second syntax element indicates whether a first mode or a second mode is applied to the current block, when the first predefined condition is not satisfied, the second syntax element is inferred based on a fourth syntax element indicating whether a subblock-based merge mode is applied to the current block; determining whether to parse a third syntax element based on a second predefined condition when the first mode and the second mode are not applied to the current block, wherein the third syntax element indicates a mode applied to the current block among a third mode and a fourth mode, wherein a syntax element related to the third mode and a syntax element related to the fourth mode are located later than the second syntax element in a decoding sequence in a merge data syntax; determining a mode applied to the current block based on the second syntax element or the third syntax element; deriving motion information of the current block based on the determined mode; and generating a prediction block of the current block by using the motion information of the current block, wherein the first predefined condition includes at least one of a condition by which the third mode is usable and a condition by which the fourth mode is usable.
2. The video signal decoding method of claim 1, wherein the second predefined condition includes a condition by which the fourth mode is usable.
2. The video signal decoding method of claim 1, wherein the second predefined condition includes a condition by which the fourth mode is usable.
3. The video signal decoding method of claim 1, wherein the second predefined condition includes at least one of conditions relating to whether the third mode is usable in a current sequence, whether the fourth mode is usable in the current sequence, whether a maximum number of candidates for the fourth mode is greater than 1, whether a width of the current block is smaller than a first predefined size, and whether a height of the current block is smaller than a second predefined size.
3. The video signal decoding method of claim 1, wherein the second predefined condition includes at least one of conditions relating to whether the third mode is usable in a current sequence, whether the fourth mode is usable in the current sequence, whether a maximum number of candidates for the fourth mode is greater than 1, whether a width of the current block is smaller than a first predefined size, and whether a height of the current block is smaller than a second predefined size.
4. The video signal decoding method of claim 1, further comprising, when the first syntax element has a value of 1, obtaining a fourth syntax element indicating whether the mode applied to the current block is the first mode or the second mode.
4. The video signal decoding method of claim 1, further comprising, when the second syntax element has the value of 1, obtaining a fifth syntax element indicating whether a mode applied to the current block is the first mode or the second mode.
5. A video signal decoding apparatus comprising a processor, wherein the processor is configured to: parse a first syntax element when a merge mode is applied to a current block and a first predefined condition is satisfied, wherein the first syntax element indicates whether a first mode or a second mode is applied to the current block, when the first predefined condition is not satisfied, the first syntax element is inferred based on a third syntax element indicating whether a subblock-based merge mode is applied to the current block; determine whether to parse a second syntax element based on a second predefined condition when the first mode and the second mode are not applied to the current block, wherein the second syntax element indicates a mode applied to the current block among a third mode and a fourth mode, wherein a syntax element related to the third mode and a syntax element related to the fourth mode are located later than the first syntax element in a decoding sequence in a merge data syntax; determine a mode applied to the current block based on the first syntax element or the second syntax element; derive motion information of the current block based on the determined mode; and generate a prediction block of the current block by using the motion information of the current block, wherein the first predefined condition includes at least one of a condition by which the third mode is usable and a condition by which the fourth mode is usable.
5. A video signal decoding apparatus comprising a processor, wherein the processor is configured to: parse a first syntax element indicating whether a merge mode is applied to a current block; parsing a second syntax element when the merge mode is applied to the current block and a first predefined condition is satisfied, wherein the second syntax element indicates whether a first mode or a second mode is applied to the current block, when the first predefined condition is not satisfied, the second syntax element is inferred based on a fourth syntax element indicating whether a subblock-based merge mode is applied to the current block; determine whether to parse a third syntax element based on a second predefined condition when the first mode and the second mode are not applied to the current block, wherein the third syntax element indicates a mode applied to the current block among a third mode and a fourth mode, wherein a syntax element related to the third mode and a syntax element related to the fourth mode are located later than the second syntax element in a decoding sequence in a merge data syntax; determine a mode applied to the current block based on the second syntax element or the third syntax element; derive motion information of the current block based on the determined mode; and generate a prediction block of the current block by using the motion information of the current block, wherein the first predefined condition includes at least one of a condition by which the third mode is usable and a condition by which the fourth mode is usable.
6. The video signal decoding apparatus of claim 5, wherein the second predefined condition includes a condition by which the fourth mode is usable.
6. The video signal decoding apparatus of claim 5, wherein the second predefined condition includes a condition by which the fourth mode is usable.
7. The video signal decoding apparatus of claim 5, wherein the second predefined condition includes at least one of conditions relating to whether the third mode is usable in a current sequence, whether the fourth mode is usable in the current sequence, whether a maximum number of candidates for the fourth mode is greater than 1, whether a width of the current block is smaller than a first predefined size, and whether a height of the current block is smaller than a second predefined size.
7. The video signal decoding apparatus of claim 5, wherein the second predefined condition includes at least one of conditions relating to whether the third mode is usable in a current sequence, whether the fourth mode is usable in the current sequence, whether a maximum number of candidates for the fourth mode is greater than 1, whether a width of the current block is smaller than a first predefined size, and whether a height of the current block is smaller than a second predefined size.
8. The video signal decoding apparatus of claim 5, wherein when the first syntax element has a value of 1, the processor is configured to obtain a fourth syntax element indicating whether the mode applied to the current block is the first mode or the second mode.
8. The video signal decoding apparatus of claim 5, wherein when the second syntax element has the value of 1, the processor is configured to obtain a fifth syntax element indicating whether a mode applied to the current block is the first mode or the second mode.
9. A video signal encoding method comprising: encoding a first syntax element when the merge mode is applied to the current block and a first predefined condition is satisfied, wherein the first syntax element indicates whether a first mode or a second mode is applied to the current block, when the first predefined condition is not satisfied, the first syntax element is not included in a bitstream including the video signal; determining whether to encode a second syntax element based on a second predefined condition when the first mode and the second mode are not applied to the current block, wherein the second syntax element indicates a mode applied to the current block among a third mode or a fourth mode, wherein a syntax element related to the third mode and a syntax element related to the fourth mode are located later than the first syntax element in a decoding sequence in a merge data syntax; deriving motion information of the current block based on a mode applied to the current block; and generating a prediction block of the current block by using the motion information of the current block, wherein the first predefined condition includes at least one of a condition by which the third mode is usable and a condition by which the fourth mode is usable.
9. A video signal encoding method comprising: encoding a first syntax element indicating whether a merge mode is applied to a current block; encoding a second syntax element when the merge mode is applied to the current block and a first predefined condition is satisfied, wherein the second syntax element indicates whether a first mode or a second mode is applied to the current block, when the first predefined condition is not satisfied, the second syntax element is not included in a bitstream including the video signal; determining whether to encode a third syntax element based on a second predefined condition when the first mode and the second mode are not applied to the current block, wherein the third syntax element indicates a mode applied to the current block among a third mode or a fourth mode, wherein a syntax element related to the third mode and a syntax element related to the fourth mode are located later than the second syntax element in a decoding sequence in a merge data syntax; deriving motion information of the current block based on a mode applied to the current block; and generating a prediction block of the current block by using the motion information of the current block, wherein the first predefined condition includes at least one of a condition by which the third mode is usable and a condition by which the fourth mode is usable.
10. A non-transitory computer-readable medium storing a bitstream, the bitstream being decoded by a decoding method, wherein the decoding method, comprising: parsing a first syntax element when a merge mode is applied to a current block and a first predefined condition is satisfied, wherein the first syntax element indicates whether a first mode or a second mode is applied to the current block, when the first predefined condition is not satisfied, the first syntax element is inferred based on a third syntax element indicating whether a subblock-based merge mode is applied to the current block; determining whether to parse a second syntax element based on a second predefined condition when the first mode and the second mode are not applied to the current block, wherein the second syntax element indicates a mode applied to the current block among a third mode and a fourth mode, wherein a syntax element related to the third mode and a syntax element related to the fourth mode are located later than the first syntax element in a decoding sequence in a merge data syntax; determining a mode applied to the current block based on the first syntax element or the second syntax element; deriving motion information of the current block based on the determined mode; and generating a prediction block of the current block by using the motion information of the current block, wherein the first predefined condition includes at least one of a condition by which the third mode is usable and a condition by which the fourth mode is usable.
10. A non-transitory computer-readable medium storing a bitstream, the bitstream being decoded by a decoding method, wherein the decoding method, comprising: parsing a first syntax element indicating whether a merge mode is applied to a current block; parsing a second syntax element when the merge mode is applied to the current block and a first predefined condition is satisfied, wherein the second syntax element indicates whether a first mode or a second mode is applied to the current block, when the first predefined condition is not satisfied, the second syntax element is inferred based on a fourth syntax element indicating whether a subblock-based merge mode is applied to the current block; determining whether to parse a third syntax element based on a second predefined condition when the first mode and the second mode are not applied to the current block, wherein the third syntax element indicates a mode applied to the current block among a third mode and a fourth mode, wherein a syntax element related to the third mode and a syntax element related to the fourth mode are located later than the second syntax element in a decoding sequence in a merge data syntax; determining a mode applied to the current block based on the second syntax element or the third syntax element; deriving motion information of the current block based on the determined mode; and generating a prediction block of the current block by using the motion information of the current block, wherein the first predefined condition includes at least one of a condition by which the third mode is usable and a condition by which the fourth mode is usable.
In view of the above, allowing claims 1-10 of the instant application would result in an
unjustified or improper time-wise extension of the "right to exclude" granted by a patent. See In re
Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Feb. Cir. 1993).
Contact Information
8. Any inquiry concerning this communication or earlier communications from the examiner
should be directed to Behrooz Senfi, whose telephone number is (571)272-7339. The examiner can
normally be reached on Monday-Friday 10:00-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor,
Christopher Kelley can be reached on 571 272 7331. The fax phone number for the organization where
this application or proceeding is assigned is 571-273-8300.
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/BEHROOZ M SENFI/Primary Examiner, Art Unit 2482