Detailed Office Action
1. This communication is being filed in response to the submission having a mailing date of (12/13/2024) which a (3) month Shortened Statutory Period for Response has been set.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Acknowledgements
3. Upon initial entry, claims (1 -3) appear pending on this application, of which (1, 2, 3) are the three (3) parallel running independent claims on record.
Information Disclosure Statement
4. It is also note that the instant Application is a continuation of a large family of patent applications. However, in the light of the MPEP provision “each patent application must stand on its own”, the undersigned is requesting that Applicant provide the Office with all the documentation he’s believe may be relevant to the patentability of this specific filing.
See MPEP 704.11 (b) for more details, and see also 37 CFR 1.105 - “…each patent application must stand on its own”.
Drawings
5. The submitted Drawings on date (02/27/2025) has been accepted and considered under the 37 CFR 1.121 (d).
Claim rejection section
Double Patenting
6. 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 obviousness-type 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); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
6.1. 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
6.2. Individuals associated with the filing and prosecution of the instant patent application have a duty to disclose information within their knowledge as to other copending United States applications which are "material to patentability" of the application in question. See MPEP §2001.06(b) for more details.
6.3. Independent claims (1, 2 and 3) of the instant Application 18/980,322, directed to a coding ecosystem of the same, being rejected on the ground of nonstatutory obvious-type double patenting as being unpatentable over the analogous claims of patent Appl. 18/377577 (now US 12,200,205 B2).
Instant Application
18/980,322
Reference: 18/377,577
(now US 12,200,205 B2)
1. 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: derive a left mode which is a candidate intra prediction mode for a left neighbouring block of a current block; derive an upper mode which is a candidate intra prediction mode for an upper neighbouring block of the current block; construct a Most Probable Mode (MPM) list based on the left mode and the upper mode; derive an intra prediction mode for the current block based on the MPM list; generate prediction samples for the current block based on the intra prediction mode; and generate a reconstructed picture for the current block based on the prediction samples, wherein based on a case where the left mode and the upper mode are not the same and the left mode and the upper mode are a planar mode or a DC mode, respectively, the left mode or the upper mode, which is the DC mode, is derived as one of candidate intra prediction modes in the MPM list, and a vertical intra prediction mode, a horizontal intra prediction mode, an intra prediction mode having a mode number of (a mode number of the vertical intra prediction mode - 4), and an intra prediction mode having a mode number of (the mode number of the vertical intra prediction mode + 4) are further derived as the candidate intra prediction modes in the MPM list, wherein the candidate intra prediction modes in the MPM list are represented by index values, and wherein the DC mode is related to a first index value in the MPM list, the vertical intra prediction mode is related to a second index value in the MPM list, the horizontal intra prediction mode is related to a third index value in the MPM list, the intra prediction mode having the mode number of (the mode number of the vertical intra prediction mode - 4) is related to a fourth index value in the MPM list, and the intra prediction mode having the mode number of (the mode number of the vertical intra prediction mode + 4) is related to a fifth index value in the MPM list.
2. 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: derive a left mode which is a candidate intra prediction mode for a left neighbouring block of a current block; derive an upper mode which is a candidate intra prediction mode for an upper neighbouring block of the current block; construct a Most Probable Mode (MPM) list based on the left mode and the upper mode; derive an intra prediction mode of the current block based on the MPM list; generate intra prediction mode information related to indicating the intra prediction mode of the current block; and encode image information including the intra prediction mode information, wherein based on a case where the left mode and the upper mode are not the same and the left mode and the upper mode are a planar mode and a DC mode, respectively, the left mode or the upper mode, which is the DC mode, is derived as one of candidate intra prediction modes in the MPM list, and a vertical intra prediction mode, a horizontal intra prediction mode, an intra prediction mode having a mode number of (a mode number of the vertical intra prediction mode - 4), and an intra prediction mode having a mode number of (the mode number of the vertical intra prediction mode + 4) are further derived as the candidate intra prediction modes in the MPM list, wherein the candidate intra prediction modes in the MPM list are represented by index values, and wherein the DC mode is related to a first index value in the MPM list, the vertical intra prediction mode is related to a second index value in the MPM list, the horizontal intra prediction mode is related to a third index value in the MPM list, the intra prediction mode having the mode number of (the mode number of the vertical intra prediction mode - 4) is related to a fourth index value in the MPM list, and the intra prediction mode having the mode number of (the mode number of the vertical intra prediction mode + 4) is related to a fifth index value in the MPM list.
3. 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 deriving a left mode which is a candidate intra prediction mode for a left neighbouring block of a current block, deriving an upper mode which is a candidate intra prediction mode for an upper neighbouring block of the current block, constructing a Most Probable Mode (MPM) list based on the left mode and the upper mode, deriving an intra prediction mode of the current block based on the MPM list, generating intra prediction mode information related to indicating the intra prediction mode of the current block, and encoding image information including the intra prediction mode information, a transmitter configured to transmit the data comprising the bitstream, wherein based on a case where the left mode and the upper mode are not the same and the left mode and the upper mode are a planar mode and a DC mode, respectively, the left mode or the upper mode, which is the DC mode, is derived as one of candidate intra prediction modes in the MPM list, and a vertical intra prediction mode, a horizontal intra prediction mode, an intra prediction mode having a mode number of (a mode number of the vertical intra prediction mode - 4), and an intra prediction mode having a mode number of (the mode number of the vertical intra prediction mode + 4) are further derived as the candidate intra prediction modes in the MPM list, wherein the candidate intra prediction modes in the MPM list are represented by index values, and wherein the DC mode is related to a first index value in the MPM list, the vertical intra prediction mode is related to a second index value in the MPM list, the horizontal intra prediction mode is related to a third index value in the MPM list, the intra prediction mode having the mode number of (the mode number of the vertical intra prediction mode - 4) is related to a fourth index value in the MPM list, and the intra prediction mode having the mode number of (the mode number of the vertical intra prediction mode + 4) is related to a fifth index value in the MPM list.
Claim 21. 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 intra prediction mode information related to an intra prediction mode of a current block; derive a left mode which is a candidate intra prediction mode for a left neighboring block of the current block; derive an upper mode which is a candidate intra prediction mode for an upper neighboring block of the current block; construct a Most Probable Mode (MPM) list based on the left mode and the upper mode; derive the intra prediction mode for the current block based on the MPM list and the intra prediction mode information; generate prediction samples for the current block based on the intra prediction mode; and generate a reconstructed picture based on the prediction samples, wherein based on a case where the left mode and the upper mode are not the same and the left mode and the upper mode are a planar mode and a DC mode, respectively, the DC mode is derived as one of candidate intra prediction modes in the MPM list, wherein a vertical intra prediction mode, a horizontal intra prediction mode, an intra prediction mode having a mode number being equal to a mode number of the vertical intra prediction mode - 4, and an intra prediction mode having a mode number being equal to the mode number of the vertical intra prediction mode + 4 are further derived as the candidate intra prediction modes in the MPM list, wherein the candidate intra prediction modes in the MPM list are represented by index values, and wherein an index value of the DC mode in the MPM list is smaller than index values of the vertical intra prediction mode, the horizontal intra prediction mode, the intra prediction mode having the mode number being equal to the mode number of the vertical intra prediction mode - 4, and the intra prediction mode having the mode number being equal to the mode number of the vertical intra prediction mode + 4 in the MPM list.
Claim 29. (New) 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: derive a left mode which is a candidate intra prediction mode for a left neighboring block of a current block; derive an upper mode which is a candidate intra prediction mode for an upper neighboring block of the current block; construct a Most Probable Mode (MPM) list based on the left mode and the upper mode; generate intra prediction mode information related an intra prediction mode of the current block based on the MPM list; and encode image information including the intra prediction mode information, wherein based on a case where the left mode and the upper mode are not the same and the left mode and the upper mode are a planar mode and a DC mode, respectively, the DC mode is derived as one of candidate intra prediction modes in the MPM list, wherein a vertical intra prediction mode, a horizontal intra prediction mode, an intra prediction mode having a mode number being equal to a mode number of the vertical intra prediction mode - 4, and an intra prediction mode having a mode number being equal to the mode number of the vertical intra prediction mode + 4 are further derived as the candidate intra prediction modes in the MPM list, wherein the candidate intra prediction modes in the MPM list are represented by index values, and wherein an index value of the DC mode in the MPM list is smaller than index values of the vertical intra prediction mode, the horizontal intra prediction mode, the intra prediction mode having the mode number being equal to the mode number of the vertical intra prediction mode - 4, and the intra prediction mode having the mode number being equal to the mode number of the vertical intra prediction mode + 4 in the MPM list.
Claim 33. (New) 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 deriving a left mode which is a candidate intra prediction mode for a left neighboring block of a current block, deriving an upper mode which is a candidate intra prediction mode for an upper neighboring block of the current block, constructing a Most Probable Mode (MPM) list based on the left mode and the upper mode, generating intra prediction mode information related an intra prediction mode of the current block based on the MPM list and encoding image information including the intra prediction mode information, a transmitter configured to transmit the data comprising the bitstream, wherein based on a case where the left mode and the upper mode are not the same and the left mode and the upper mode are a planar mode and a DC mode, respectively, the DC mode is derived as one of candidate intra prediction modes in the MPM list, wherein a vertical intra prediction mode, a horizontal intra prediction mode, an intra prediction mode having a mode number being equal to a mode number of the vertical intra prediction mode - 4, and an intra prediction mode having a mode number being equal to the mode number of the vertical intra prediction mode + 4 are further derived as the candidate intra prediction modes in the MPM list, wherein the candidate intra prediction modes in the MPM list are represented by index values, and wherein an index value of the DC mode in the MPM list is smaller than index values of the vertical intra prediction mode, the horizontal intra prediction mode, the intra prediction mode having the mode number being equal to the mode number of the vertical intra prediction mode - 4, and the intra prediction mode having the mode number being equal to the mode number of the vertical intra prediction mode + 4 in the MPM list.
6.4. It would have been obvious to one of ordinary skill in the art, at the time the invention was made/filed, to combine the instant 18/980,322 with the cited above reference(s) because although the conflicting claims are not identical, they are not patentably distinct from each other, the claim language uses similar scope of the invention, and/or a similar variation of the same claim language.
Claim objection
7. Independent claims (1, 2 and 3) and the associated dependencies are objected to, because of the judicially created Double patent (DP) doctrine (section (6)) above, but it may be considered for allowance if properly rewritten, and/or if a Terminal Disclaimer (TD) is timely filed, in compliance with 37 CFR 1.321(c) or 1.321(d).
7.1. For more information regarding TD and/or e-Terminal Disclaimers (eTD), please refer to: www.uspto.gov/patents/process/file/efs/guidance/eTD-info-l.jsp.
Prior Art Citations
8. The following List of prior art, made of record and not relied upon, is/are considered
pertinent to applicant's disclosure:
8.1. Patent documentation
US 9,955,169 B2 Lee; et al. H04N19/70; H04N19/11; H04N19/157;
US 9,350,993 B2 Lee; et al. H04N19/11; H04N19/593; H04N19/91;
US 10,965,940 B2 Li; et al. H04N19/176; H04N19/593; H04N19/70;
US 10,931,943 B2 Li; et al. H04N19/70; H04N19/105; H04N19/132;
US 10,771,778 B2 Zhao; et al. H04N19/463; H04N19/103; H04N19/11;
US 10,53,1084 B2 Yoo; et al. H04N19/593; H04N19/107; H04N19/11;
US 11,368,683 B2 Heo; et al. H04N19/157; H04N19/593; H04N19/176;
US 11,889,063 B2 Heo; Jin et al. H04N19/11; H04N19/593; H04N19/159;
8.2. Non-Patent documentation:
_ A simple 6 MPM list with truncated binary coding for non MPM signaling; 2018.
_ Multiple Direct Modes for chroma intra coding; Zhang – 2017.
_ Neighbor based intra most probable modes list derivation; Seregin – 2016.
_ The Most Probable Mode Signaling for Luma; Guo – 2011.
CONCLUSIONS
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUIS PEREZ-FUENTES (luis.perez-fuentes@uspto.gov) whose telephone number is (571) 270 -1168. The examiner can normally be reached on Monday-Friday 8am-5pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, WILLIAM VAUGHN can be reached on (571) 272-3922. The fax phone number for the organization where this application or proceeding is assigned is (571) 272 -3922. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated system, please call (800) 786 -9199 (USA OR CANADA) or (571) 272 -1000.
/LUIS PEREZ-FUENTES/
Primary Examiner, Art Unit 2481.