DETAILED ACTION
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 .
Information Disclosure Statement
The information disclosure statement(s) (IDS) was/were submitted on 16 December 2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No. 12200217. This is a statutory double patenting rejection.
Instant Application 18/982893 Claim 1
Reference Application 17/622652 Claim 1
An image data encoding apparatus, comprising:
an entropy encoder configured to selectively encode data items representing image data
to be encoded by a first, context adaptive binary arithmetic coding (CABAC), encoding system or by a second, bypass, encoding system, so as to generate encoded binarized symbols, the image data representing one or more pictures of a picture sequence, each picture comprising two or more output data units representing respective sub-sections of the picture, each sub-section being decodable and reconstructable independently of other sub-sections in the picture and the picture sequence;
the entropy encoder being further configured to generate an output data stream subject to a constraint defining an upper limit to a number of binarized symbols that may be expressed by any individual output data unit relative to a size in bytes of the output data unit, wherein the entropy encoder is configured to apply the constraint to each output data unit, and provide padding data, for each output data unit that does not meet the constraint, so as to increase the size in bytes of that output data unit in order to meet the constraint; and
wherein the constraint is defined by N <= K1 * B + (K2 * CU), wherein: N is the number of binarized symbols in the output data unit;
K1 is a constant;
B is a number of encoded bytes for the output data unit;
K2 is a variable dependent upon properties of minimum size coding units employed by the image data encoding apparatus; and
CU is a size of the sub-section represented by the output data unit expressed as a
number of coding units of minimum size.
An image data encoding apparatus, comprising:
an entropy encoder configured to selectively encode data items representing image data
to be encoded by a first, context adaptive binary arithmetic coding (CABAC), encoding system or by a second, bypass, encoding system, so as to generate encoded binarized symbols, the image data representing one or more pictures of a picture sequence, each picture comprising two or more output data units representing respective sub-sections of the picture, each sub-section being decodable and reconstructable independently of other sub-sections in the picture and the picture sequence;
the entropy encoder being further configured to generate an output data stream subject to a constraint defining an upper limit to a number of binarized symbols that may be expressed by any individual output data unit relative to a size in bytes of the output data unit, wherein the entropy encoder is configured to apply the constraint to each output data unit, and provide padding data, for each output data unit that does not meet the constraint, so as to increase the size in bytes of that output data unit in order to meet the constraint; and
wherein the constraint is defined by N <= K1 * B + (K2 * CU), wherein: N is the number of binarized symbols in the output data unit;
K1 is a constant;
B is a number of encoded bytes for the output data unit;
K2 is a variable dependent upon properties of minimum size coding units employed by
the image data encoding apparatus; and
CU is a size of the sub-section represented by the output data unit expressed as a
number of coding units of minimum size.
Conclusion
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/JONATHAN R MESSMORE/Primary Examiner, Art Unit 2482
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