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 .
Double Patenting
2. 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).
3. 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).
4. 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.
5. 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.
6. Claims 1-3 of the instant application is rejected on the ground of nonstatutory double patenting as being unpatentable over patented claims 1-3 of U.S. Patent No. 12,200,215; also patented claims 1-3 of U.S. Patent No. 11,856,197 and patented claims 1,5,7 and 12 of U.S. Patent No. 11,496,737. 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 of the claim language.
18/979447
US 12200215
1. A method of decoding an image, the method comprising: obtaining maximum transform skip size information and prediction mode information from a bitstream; obtaining transform skip information of a current block from the bitstream on the basis of the maximum transform skip size information; obtaining multiple transform selection information of the current block on the basis of the transform skip information from the bitstream; performing inverse transform on the current block on the basis of the multiple transform selection information to generate a residual block of the current block; generating a prediction block of the current block on the basis of the prediction mode information; and generating a reconstructed block of the current block on the basis of the residual block and the prediction block of the current block, wherein the multiple transform selection information is used to set each of a horizontal transform type and a vertical transform type, wherein the transform skip information is used for both a luma component and a chroma component, and wherein the multiple transform selection information is used only for the luma component.
1. A method of decoding an image, the method comprising: obtaining maximum transform skip size information from a bitstream; obtaining transform skip information of a current block from a bitstream on the basis of the maximum transform skip size information; obtaining multiple transform selection information of the current block on the basis of the transform skip information from the bitstream; performing inverse transform on the current block on the basis of the multiple transform selection information to generate a residual block of the current block; generating a reconstructed block of the current block on the basis of the residual block, wherein the multiple transform selection information is used to set each of a horizontal transform type and a vertical transform type, wherein the transform skip information is used for both a luma component and a chroma component, and wherein the multiple transform selection information is used only for the luma component. It is noted that, the difference, prediction mode information and generating prediction block, is implicit in the video or image, encoding/decoding, and therefore considered as an obvious variation.
2. A method of encoding an image, the method comprising: determining a maximum transform skip size; determining whether to perform transform skip of a current block; when the transform skip is not performed on the current block, determining a horizontal transform type and a vertical transform type of the current block; generating a prediction block of the current block; generating a residual block of the current block on the basis of the prediction block of the current block; performing the transform on the residual block of the current block on the basis of the horizontal transform type and the vertical transform type to generate transform coefficients of the current block; encoding at least one of maximum transform skip size information indicating the maximum transform skip size, transform skip information indicating whether to perform the transform skip of the current block and multiple transform selection information indicating the horizontal transform type and the vertical transform type of the current block; and encoding the transform coefficients of the current block, wherein the transform skip information is used for both a luma component and a chroma component, and wherein the multiple transform selection information is used only for the luma component.
2. A method of encoding an image, the method comprising: determining a maximum transform skip size; determining whether to perform transform skip of a current block; when the transform skip is not performed on the current block, determining a horizontal transform type and a vertical transform type of the current block; performing the transform on the current block on the basis of the horizontal transform type and the vertical transform type to generate transform coefficients of the current block; encoding at least one of maximum transform skip size information indicating the maximum transform skip size, transform skip information indicating whether to perform the transform skip of the current block and multiple transform selection information indicating the horizontal transform type and the vertical transform type of the current block; and encoding the transform coefficients of the current block, wherein the transform skip information is used for both a luma component and a chroma component, and wherein the multiple transform selection information is used only for the luma component.
1. … generating a residual block of the current block. It is noted that, the difference, on the basis of the prediction block of the current block, is implicit in the video or image, encoding
decoding, and therefore considered as an obvious variation.
3. A transmission method for data comprising a bitstream for an image, the method comprising: obtaining the bitstream for the image; and transmitting the data of the bitstream, wherein the bitstream is generated by performing a process comprising: determining a maximum transform skip size; determining whether to perform transform skip of a current block;
when the transform skip is not performed on the current block, determining a horizontal transform type and a vertical transform type of the current block; generating a prediction block of the current block; generating a residual block of the current block on the basis of the prediction block of the current block; performing the transform on the residual block of the current block on the basis of the horizontal transform type and the vertical transform type to generate transform coefficients of the current block; encoding at least one of maximum transform skip size information indicating the maximum transform skip size, transform skip information indicating whether to perform the transform skip of the current block, and multiple transform selection information indicating the horizontal transform type and the vertical transform type of the current block; and encoding the transform coefficients of the current block, wherein the transform skip information is used for both a luma component and a chroma component, and wherein the multiple transform selection information is used only for the luma component.
2. … determining a maximum transform skip size; determining whether to perform transform skip of a current block;
when the transform skip is not performed on the current block, determining a horizontal transform type and a vertical transform type of the current block;
performing the transform on the current block on the basis of the horizontal transform type and the vertical transform type to generate transform coefficients of the current block;
encoding at least one of maximum transform skip size information indicating the maximum transform skip size, transform skip information indicating whether to perform the transform skip of the current block
and multiple transform selection information indicating the horizontal transform type and the vertical transform type of the current block;
and encoding the transform coefficients of the current block, wherein the transform skip information is used for both a luma component and a chroma component, and wherein the multiple transform selection information is used only for the luma component.
1. … generate a residual block of the current block;
And the differences as stated in the above action, is implicit in the video or image processing, and considered as an obvious variation.
7. Claims 1-3 of the instant application is also rejected on the ground of nonstatutory double patenting as being unpatentable over patented claims 1-3 of U.S. Patent No. 11,856,197 and patented claims 1,5,7 and 12 of U.S. Patent No. 11,496,737, for the same reason as set forth in the above action.
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
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/BEHROOZ M SENFI/Primary Examiner, Art Unit 2482