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 .
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Claim Objections
Claim 17 is objected to because of the following informalities: it appears “one more processors” in line 3 is a typo for “one or more processors”. Also, there appears to be a missing comma in line 21 after “wherein, the identification information indicates that the gradual refresh is not applied to the first picture in the sequence based on the flag indicating that the gradual refresh is not allowed”. Appropriate correction is required.
Double Patenting
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).
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).
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.
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Claims 17-26 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 12,212,768 in view of US 2014/0192897 A1 (“Wang”). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the application and the patent are substantially similar and obvious variants of one another. For example:
U.S. Patent No. 12,212,768
Instant Application: 18/986079
Note: underlined fonts mean differences in instant application
1. A video decoding method for decoding a sequence of pictures using gradual refresh, comprising:
17. (New) A video decoding apparatus for decoding a sequence of pictures using gradual refresh, comprising: one more processors configured to decode a bitstream to reconstruct pictures in the sequence; and one or more memories configured to store the reconstructed pictures, wherein the one or more processors are configured to:
decoding, from a header of the sequence in a bitstream, a flag indicating whether the gradual refresh is allowed;
decode, from a header of the sequence, a flag indicating whether the gradual refresh is allowed,
decoding identification information for identifying a first picture to which the gradual refresh has been applied in the sequence, and determining a picture order count (POC) value of the first picture;
decode identification information for identifying a first picture to which the gradual refresh has been applied in the sequence, and determine a picture order count (POC) value of the first picture,
decoding group size information for identifying a group of pictures associated with the first picture to which the gradual refresh has been applied;
decode group size information for identifying a group of pictures associated with the first picture to which the gradual refresh has been applied,
determining a POC value of a second picture corresponding to a last picture belonging to the group based on the group size information and the POC value of the first picture; and
determine a POC value of a second picture corresponding to a last picture belonging to the group based on the group size information and the POC value of the first picture; and
determining the group of pictures associated with the first picture using the POC value of the first picture and the POC value of the second picture,
wherein, whether to display decoded pictures is determined based on POC values of the decoded pictures such that pictures having a POC value greater than or equal to the POC value of the first picture and less than the POC value of the second picture are not allowed to be displayed after being decoded,
determine the group of pictures associated with the first picture using the POC value of the first picture and the POC value of the second picture, wherein, whether to display decoded pictures is determined based on POC values of the decoded pictures such that pictures having a POC value greater than or equal to the POC value of the first picture and less than the POC value of the second picture are not allowed to be displayed after being decoded,
wherein, the identification information indicates that the gradual refresh is not applied to the first picture in the sequence based on the flag indicating that the gradual refresh is not allowed
wherein, the identification information indicates that the gradual refresh is not applied to the first picture in the sequence based on the flag indicating that the gradual refresh is not allowed
wherein, the identification information is decoded from a header of the first picture,
wherein, the identification information is decoded from a header of the first picture,
wherein, when the identification information indicates that the first picture is to be subjected to the gradual refresh, the group size information is decoded from the header of the first picture,
wherein, when the identification information indicates that the first picture is to be subjected to the gradual refresh, the group size information is decoded from the header of the first picture,
wherein, when a block in a picture belonging to the group is inter-predicted, prediction using a reference block padded with a predefined value is allowed for the block,
wherein, when a block in a picture belonging to the group is inter-predicted, prediction using a reference block padded with a predefined value is allowed for the block,
wherein, the predefined value is derived from a bit depth of pixel values,
wherein, the predefined value is derived from a bit depth of pixel values,
wherein, the predefined value is equal to 1/2 of a maximum value expressed by the bit depth of the pixel values.
wherein, the predefined value is equal to 1/2 of a maximum value expressed by the bit depth of the pixel values.
Although the Patent claims “A video decoding method for decoding a sequence of pictures using gradual refresh”, it does not specifically claim “comprising: one more processors configured to decode a bitstream to reconstruct pictures in the sequence; and one or more memories configured to store the reconstructed pictures”. Wang however, teaches a video decoding apparatus comprising: one more processors configured to decode a bitstream to reconstruct pictures in the sequence; and one or more memories configured to store the reconstructed pictures (e.g. see video decoder 30 in Fig. 1 and Fig. 3, paragraphs [0120], [0190]-[0195]). Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the claims of the Patent with Wang in order to implement the decoding and store decoded video for later presentation on a display device.
Claims 17-26 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 11,706,429 in view of US 2014/0192897 A1 (“Wang”). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the application and the patent are substantially similar and obvious variants of one another. For example:
U.S. Patent No. 11,706,429
Instant Application: 18/986079
Note: underlined fonts mean differences in instant application
1. A video decoding method for decoding a sequence of pictures using gradual refresh, comprising:
17. (New) A video decoding apparatus for decoding a sequence of pictures using gradual refresh, comprising: one more processors configured to decode a bitstream to reconstruct pictures in the sequence; and one or more memories configured to store the reconstructed pictures, wherein the one or more processors are configured to:
decoding, from a header of the sequence in a bitstream, a flag indicating whether the gradual refresh is allowed;
decode, from a header of the sequence, a flag indicating whether the gradual refresh is allowed,
decoding identification information for identifying a first picture to which the gradual refresh has been applied in the sequence, and determining a picture order count (POC) value of the first picture;
decode identification information for identifying a first picture to which the gradual refresh has been applied in the sequence, and determine a picture order count (POC) value of the first picture,
decoding group size information for identifying a group of pictures associated with the first picture to which the gradual refresh has been applied;
decode group size information for identifying a group of pictures associated with the first picture to which the gradual refresh has been applied,
determining a POC value of a second picture corresponding to a last picture belonging to the group based on the group size information; and
determine a POC value of a second picture corresponding to a last picture belonging to the group based on the group size information and the POC value of the first picture; and
determining the group of pictures associated with the first picture using the POC value of the first picture and the POC value of the second picture, wherein, whether to display decoded pictures is determined based on POC values of the decoded pictures such that pictures having a POC value greater than or equal to the POC value of the first picture and less than the POC value of the second picture are not allowed to be displayed after being decoded,
determine the group of pictures associated with the first picture using the POC value of the first picture and the POC value of the second picture, wherein, whether to display decoded pictures is determined based on POC values of the decoded pictures such that pictures having a POC value greater than or equal to the POC value of the first picture and less than the POC value of the second picture are not allowed to be displayed after being decoded,
wherein, the identification information indicates that the gradual refresh is not applied to the first picture in the sequence based on the flag indicating that the gradual refresh is not allowed,
wherein, the identification information indicates that the gradual refresh is not applied to the first picture in the sequence based on the flag indicating that the gradual refresh is not allowed
wherein, the identification information is decoded from a header of the first picture,
wherein, the identification information is decoded from a header of the first picture,
wherein, when the identification information indicates that the first picture is to be subjected to the gradual refresh, the group size information is decoded from the header of the first picture,
wherein, when the identification information indicates that the first picture is to be subjected to the gradual refresh, the group size information is decoded from the header of the first picture,
wherein, when a block in a picture belonging to the group is inter-predicted, prediction using a reference block padded with a predefined value is allowed for the block,
wherein, when a block in a picture belonging to the group is inter-predicted, prediction using a reference block padded with a predefined value is allowed for the block,
wherein, the predefined value is derived from a bit depth of pixel values, and
wherein, the predefined value is derived from a bit depth of pixel values,
wherein, the predefined value is equal to ½ of a maximum value expressed by the bit depth of the pixel values.
wherein, the predefined value is equal to 1/2 of a maximum value expressed by the bit depth of the pixel values.
Although the Patent claims “A video decoding method for decoding a sequence of pictures using gradual refresh”, it does not specifically claim “comprising: one more processors configured to decode a bitstream to reconstruct pictures in the sequence; and one or more memories configured to store the reconstructed pictures”. Wang however, teaches a video decoding apparatus comprising: one more processors configured to decode a bitstream to reconstruct pictures in the sequence; and one or more memories configured to store the reconstructed pictures (e.g. see video decoder 30 in Fig. 1 and Fig. 3, paragraphs [0120], [0190]-[0195]). Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the claims of the Patent with Wang in order to implement the decoding and store decoded video for later presentation on a display device.
Further, although the Patent claims “determining a POC value of a second picture corresponding to a last picture belonging to the group based on the group size information”, it does not specifically claim based on “the POC value of the first picture”. Wang however, teaches based on the POC value of the first picture (e.g. see POC count recovery point picture 90N in Fig. 4 obtained based on recover_poc_cnt and POC value of GDR picture 90A, e.g. see paragraphs [0165]-[0166]). Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the claims of the Patent with Wang in order to signal a recovery point SEI message to indicate the starting bound of the GDR set to enable receiving device to avail of one or more potential advantages provided by GDR, such as random accessibility and enhanced error resilience.
For similar reasons as above, claims 17-26 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 17-26 of copending Application No. 18/986172 in view of US 2014/0192897 A1 (“Wang”). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the application and the copending Application are substantially similar and obvious variants of one another.
This is a provisional nonstatutory double patenting rejection.
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.
Claims 17-26 provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 17-26 of copending Application No. 18/986267 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented. For example:
copending Application No. 18/986267
Instant Application: 18/986079
17. (New)A video decoding apparatus for decoding a sequence of pictures using gradual refresh, comprising: one more processors configured to decode a bitstream to reconstruct pictures in the sequence; and one or more memories configured to store the reconstructed pictures, wherein the one or more processors are configured to:
17. (New) A video decoding apparatus for decoding a sequence of pictures using gradual refresh, comprising: one more processors configured to decode a bitstream to reconstruct pictures in the sequence; and one or more memories configured to store the reconstructed pictures, wherein the one or more processors are configured to:
decode, from a header of the sequence, a flag indicating whether the gradual refresh is allowed,
decode, from a header of the sequence, a flag indicating whether the gradual refresh is allowed,
decode identification information for identifying a first picture to which the gradual refresh has been applied in the sequence, and determine a picture order count (POC) value of the first picture,
decode identification information for identifying a first picture to which the gradual refresh has been applied in the sequence, and determine a picture order count (POC) value of the first picture,
decode group size information for identifying a group of pictures associated with the first picture to which the gradual refresh has been applied,
decode group size information for identifying a group of pictures associated with the first picture to which the gradual refresh has been applied,
determine a POC value of a second picture corresponding to a last picture belonging to the group based on the group size information and the POC value of the first picture; and
determine a POC value of a second picture corresponding to a last picture belonging to the group based on the group size information and the POC value of the first picture; and
determine the group of pictures associated with the first picture using the POC value of the first picture and the POC value of the second picture, wherein, whether to display decoded pictures is determined based on POC values of the decoded pictures such that pictures having a POC value greater than or equal to the POC value of the first picture and less than the POC value of the second picture are not allowed to be displayed after being decoded,
determine the group of pictures associated with the first picture using the POC value of the first picture and the POC value of the second picture, wherein, whether to display decoded pictures is determined based on POC values of the decoded pictures such that pictures having a POC value greater than or equal to the POC value of the first picture and less than the POC value of the second picture are not allowed to be displayed after being decoded,
wherein, the identification information indicates that the gradual refresh is not applied to the first picture in the sequence based on the flag indicating that the gradual refresh is not allowed
wherein, the identification information indicates that the gradual refresh is not applied to the first picture in the sequence based on the flag indicating that the gradual refresh is not allowed
wherein, the identification information is decoded from a header of the first picture,
wherein, the identification information is decoded from a header of the first picture,
wherein, when the identification information indicates that the first picture is to be subjected to the gradual refresh, the group size information is decoded from the header of the first picture,
wherein, when the identification information indicates that the first picture is to be subjected to the gradual refresh, the group size information is decoded from the header of the first picture,
wherein, when a block in a picture belonging to the group is inter-predicted, prediction using a reference block padded with a predefined value is allowed for the block,
wherein, when a block in a picture belonging to the group is inter-predicted, prediction using a reference block padded with a predefined value is allowed for the block,
wherein, the predefined value is derived from a bit depth of pixel values,
wherein, the predefined value is derived from a bit depth of pixel values,
wherein, the predefined value is equal to 1/2 of a maximum value expressed by the bit depth of the pixel values, wherein the identification information is decoded from a header of the first picture.
wherein, the predefined value is equal to 1/2 of a maximum value expressed by the bit depth of the pixel values.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANCIS G GEROLEO whose telephone number is (571)270-7206. The examiner can normally be reached M-F 7:00 am - 3:30 pm.
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/Francis Geroleo/Primary Examiner, Art Unit 3619