DETAILED ACTION
1. This is a first Office Action in response to application no. 18/977,335 filed on December 11, 2024 in which claims 1-4 are presented for examination.
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 .
Claim interpretation
2. 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.
Claim 3 is directed to a non-transitory computer readable storage medium storing a bitstream generated by the encoding apparatus for image encoding. These elements or contents 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 contents/elements that describe the generation of the bitstream and intended computer system. Therefore, those claim contents/elements are not given patentable weight. Thus, the claim scope is just a storage medium storing data and is anticipated by recites a storage medium storing a bitstream See (Lee US 2019/0058891 [0066] and [0133]).
Claim Rejections - 35 USC § 102
3. 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.
4. The following is a quotation of the appropriate paragraphs of 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 –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
5. Claim 3 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lee et al. (US Patent Application Publication no. 2019/0058891).
Regarding claim 3, Zhang discloses a method of storing a bitstream into a non-transitory computer-readable storage medium, the bitstream being generated by a video encoding method (See Lee [0133]).
Double Patenting
6. The non-statutory 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 non-statutory 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
7. Claims 1-4 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-8 of U.S. Patent no. 11,716,463 to Hendry et al.
Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-4 of the instant application and claims 1-8 of Patent no. 11,716,463 are drawn to the same invention. A close look at the instant application will show that independent representative claim 1 of the instant application calls for a method comprising: obtaining image information including residual information and reference picture-related information through a bitstream; deriving at least one reference picture, based on the reference picture-related information; generating reconstructed samples of a current picture, based on the residual information and the at least one reference picture; and generating modified reconstructed samples, based on an in-loop filtering process for the reconstructed samples, wherein the reference picture-related information indicates index information for the at least one reference picture, wherein the image information includes a sequence parameter set (SPS), wherein based on whether resampling for the at least one reference picture is enabled, it is determined whether the SPS includes additional virtual boundaries-related information, wherein the SPS includes an SPS virtual boundaries present flag related to whether the SPS includes the additional virtual boundaries-related information, and wherein based on that the resampling for the at least one reference picture is enabled, a value of the SPS virtual boundaries present flag is determined to be 0.
Claim 1 of Patent no. 11,716,463 calls for an image decoding method performed by a decoding apparatus, the method comprising: obtaining image information including residual information and reference picture-related information through a bitstream; deriving at least one reference picture, based on the reference picture-related information; generating reconstructed samples of a current picture, based on the residual information and the at least one reference picture; and generating modified reconstructed samples, based on an in-loop filtering process for the reconstructed samples, wherein the image information includes a sequence parameter set (SPS), wherein based on whether resampling for the at least one reference picture is enabled, it is determined whether the SPS includes additional virtual boundaries-related information, wherein the SPS includes an SPS virtual boundaries present flag related to whether the SPS includes the additional virtual boundaries-related information, and wherein based on that the resampling for the at least one reference picture is enabled, a value of the SPS virtual boundaries present flag is determined to be 0.
Claim 2 of the current application calls for a method comprising: generating residual samples for a current block; generating residual information, based on the residual samples for the current block; deriving at least one reference picture for reconstructed samples of a current picture; generating reference picture-related information, based on the at least one reference picture; generating in-loop filtering-related information for reconstructed samples of the current picture; and encoding image information including the residual information, the reference picture-related information, and the in-loop filtering-related information, wherein the reference picture-related information indicates index information for the at least one reference picture, wherein the image information includes a sequence parameter set (SPS), wherein based on whether resampling for the at least one reference picture is enabled, it is determined whether the SPS includes additional virtual boundaries-related information, wherein the SPS includes an SPS virtual boundaries present flag related to whether the SPS includes the additional virtual boundaries-related information, and wherein based on that the resampling for the at least one reference picture is enabled, a value of the SPS virtual boundaries present flag is determined to be 0.
Claim 2 of cited Patent no. 11,716,463 calls for an image encoding method performed by an encoding apparatus, the method comprising: generating residual samples for a current block; generating residual information, based on the residual samples for the current block; deriving at least one reference picture for reconstructed samples of a current picture; generating reference picture-related information, based on the at least one reference picture; generating in-loop filtering-related information for reconstructed samples of the current picture; and encoding image information including the residual information, the reference picture-related information, and the in-loop filtering-related information, wherein the image information includes a sequence parameter set (SPS), wherein based on whether resampling for the at least one reference picture is enabled, it is determined whether the SPS includes additional virtual boundaries-related information, wherein the SPS includes an SPS virtual boundaries present flag related to whether the SPS includes the additional virtual boundaries-related information, and wherein based on that the resampling for the at least one reference picture is enabled, a value of the SPS virtual boundaries present flag is determined to be 0.
Claim 4 of the instant application calls for limitations similar to the limitations of claim 8 of cited Patent no. 11,716,463.
Claim 4 of the instant application calls for a method comprising: obtaining a bitstream for the image, wherein the bitstream is generated based on generating residual samples for a current block, generating residual information, based on the residual samples for the current block, deriving at least one reference picture for reconstructed samples of a current picture, generating reference picture-related information, based on the at least one reference picture, generating in-loop filtering-related information for reconstructed samples of the current picture, and encoding image information including the residual information, the reference picture-related information, and the in-loop filtering-related information; and transmitting the data comprising the bitstream, wherein the reference picture-related information indicates index information for the at least one reference picture, wherein the image information includes a sequence parameter set (SPS), wherein based on whether resampling for the at least one reference picture is enabled, it is determined whether the SPS includes additional virtual boundaries-related information, wherein the SPS includes an SPS virtual boundaries present flag related to whether the SPS includes the additional virtual boundaries-related information, and wherein based on that the resampling for the at least one reference picture is enabled, a value of the SPS virtual boundaries present flag is determined to be 0.
Claim 8 of Patent no. 11,716,463 calls for a transmitting method of data for an image, the method comprising: obtaining a bitstream for the image, wherein the bitstream is generated based on generating residual samples for a current block, generating residual information, based on the residual samples for the current block, deriving at least one reference picture for reconstructed samples of a current picture, generating reference picture-related information, based on the at least one reference picture, generating in-loop filtering-related information for reconstructed samples of the current picture, and encoding image information including the residual information, the reference picture-related information, and the in-loop filtering-related information; and transmitting the data comprising the bitstream, wherein the image information includes a sequence parameter set (SPS), wherein based on whether resampling for the at least one reference picture is enabled, it is determined whether the SPS includes additional virtual boundaries-related information, wherein the SPS includes an SPS virtual boundaries present flag related to whether the SPS includes the additional virtual boundaries-related information, and wherein based on that the resampling for the at least one reference picture is enabled, a value of the SPS virtual boundaries present flag is determined to be 0.
Claim 3 of the instant application calls for a non-transitory computer readable storage medium storing a bitstream generated by the encoding apparatus for image encoding.
The difference between the instant examined claim and the conflicting patented claim is that the conflicting patented claims is narrower in scope and falls within the scope of the examined claims. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1)
8. Claims 1-4 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-4 of U.S. Patent no. 12,192,446 to Hendry et al.
Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-4 of the instant application and claims 1-4 of Patent no. 12,192,446 are drawn to the same invention. A close look at the instant application will show that independent representative claim 1 of the instant application calls for a method comprising: obtaining image information including residual information and reference picture-related information through a bitstream; deriving at least one reference picture, based on the reference picture-related information; generating reconstructed samples of a current picture, based on the residual information and the at least one reference picture; and generating modified reconstructed samples, based on an in-loop filtering process for the reconstructed samples, wherein the reference picture-related information indicates index information for the at least one reference picture, wherein the image information includes a sequence parameter set (SPS), wherein based on whether resampling for the at least one reference picture is enabled, it is determined whether the SPS includes additional virtual boundaries-related information, wherein the SPS includes an SPS virtual boundaries present flag related to whether the SPS includes the additional virtual boundaries-related information, and wherein based on that the resampling for the at least one reference picture is enabled, a value of the SPS virtual boundaries present flag is determined to be 0.
Claim 1 of Patent no. 12,192,446 calls for a decoding apparatus for image decoding, the decoding apparatus comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to: obtain image information including residual information and reference picture-related information through a bitstream; derive at least one reference picture, based on the reference picture-related information; generate reconstructed samples of a current picture, based on the residual information and the at least one reference picture; and generate modified reconstructed samples, based on an in-loop filtering process for the reconstructed samples, wherein the image information includes a sequence parameter set (SPS), wherein based on whether resampling for the at least one reference picture is enabled, it is determined whether the SPS includes additional virtual boundaries-related information, wherein the SPS includes an SPS virtual boundaries present flag related to whether the SPS includes the additional virtual boundaries-related information, and wherein based on that the resampling for the at least one reference picture is enabled, a value of the SPS virtual boundaries present flag is determined to be 0.
Claim 2 of the current application calls for a method comprising: generating residual samples for a current block; generating residual information, based on the residual samples for the current block; deriving at least one reference picture for reconstructed samples of a current picture; generating reference picture-related information, based on the at least one reference picture; generating in-loop filtering-related information for reconstructed samples of the current picture; and encoding image information including the residual information, the reference picture-related information, and the in-loop filtering-related information, wherein the reference picture-related information indicates index information for the at least one reference picture, wherein the image information includes a sequence parameter set (SPS), wherein based on whether resampling for the at least one reference picture is enabled, it is determined whether the SPS includes additional virtual boundaries-related information, wherein the SPS includes an SPS virtual boundaries present flag related to whether the SPS includes the additional virtual boundaries-related information, and wherein based on that the resampling for the at least one reference picture is enabled, a value of the SPS virtual boundaries present flag is determined to be 0.
Claim 2 of cited Patent no. 12,192,446 calls for an encoding apparatus for image encoding, the encoding apparatus comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to: generate residual samples for a current block; generate residual information, based on the residual samples for the current block; derive at least one reference picture for reconstructed samples of a current picture; generate reference picture-related information, based on the at least one reference picture; generate in-loop filtering-related information for reconstructed samples of the current picture; and encode image information including the residual information, the reference picture-related information, and the in-loop filtering-related information, wherein the image information includes a sequence parameter set (SPS), wherein based on whether resampling for the at least one reference picture is enabled, it is determined whether the SPS includes additional virtual boundaries-related information, wherein the SPS includes an SPS virtual boundaries present flag related to whether the SPS includes the additional virtual boundaries-related information, and wherein based on that the resampling for the at least one reference picture is enabled, a value of the SPS virtual boundaries present flag is determined to be 0.
Claim 4 of the instant application calls for limitations similar to the limitations of claim 4 of cited Patent no. 12,192,446.
Claim 4 of the instant application calls for a method comprising: obtaining a bitstream for the image, wherein the bitstream is generated based on generating residual samples for a current block, generating residual information, based on the residual samples for the current block, deriving at least one reference picture for reconstructed samples of a current picture, generating reference picture-related information, based on the at least one reference picture, generating in-loop filtering-related information for reconstructed samples of the current picture, and encoding image information including the residual information, the reference picture-related information, and the in-loop filtering-related information; and transmitting the data comprising the bitstream, wherein the reference picture-related information indicates index information for the at least one reference picture, wherein the image information includes a sequence parameter set (SPS), wherein based on whether resampling for the at least one reference picture is enabled, it is determined whether the SPS includes additional virtual boundaries-related information, wherein the SPS includes an SPS virtual boundaries present flag related to whether the SPS includes the additional virtual boundaries-related information, and wherein based on that the resampling for the at least one reference picture is enabled, a value of the SPS virtual boundaries present flag is determined to be 0.
Claim 4 of Patent no. 12,192,446 calls for an apparatus for transmitting data for an image, the apparatus comprising: at least one processor configured to obtain a bitstream for the image, wherein the bitstream is generated based on generating residual samples for a current block, generating residual information, based on the residual samples for the current block, deriving at least one reference picture for reconstructed samples of a current picture, generating reference picture-related information, based on the at least one reference picture, generating in-loop filtering-related information for reconstructed samples of the current picture, and encoding image information including the residual information, the reference picture-related information, and the in-loop filtering-related information; and a transmitter configured to transmit the data comprising the bitstream, wherein the image information includes a sequence parameter set (SPS), wherein based on whether resampling for the at least one reference picture is enabled, it is determined whether the SPS includes additional virtual boundaries-related information, wherein the SPS includes an SPS virtual boundaries present flag related to whether the SPS includes the additional virtual boundaries-related information, and wherein based on that the resampling for the at least one reference picture is enabled, a value of the SPS virtual boundaries present flag is determined to be 0.
Claim 3 of the instant application calls for a non-transitory computer readable storage medium storing a bitstream generated by the encoding apparatus for image encoding.
The difference between the instant examined claim and the conflicting patented claim is that the conflicting patented claims is narrower in scope and falls within the scope of the examined claims. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1)
9. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
See the Notice of References Cited (PTO-892).
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to GIMS S PHILIPPE whose telephone number is (571)272-7336. The examiner can normally be reached Maxi Flex.
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/GIMS S PHILIPPE/Primary Examiner, Art Unit 2424