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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
2. Claim 19 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 19 is directed to; A non-transitory computer readable storage medium storing a bitstream
Generated by operations of video coding comprising;
Claim 19 is vague because the limitation recited in the preamble does not make it clear whether
the computer readable medium contains programs or instructions to perform the video coding operation or not.
In accordance with compact prosecution as prescribed in MPEP 2173.06, claim language is interpreted as follows:
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 19 is directed to a non-transitory medium storing a bitstream. The body of the claim
appears to indicate how the bitstream is being process. These elements or steps 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 and/or storing the bitstream/data and provides no functional relationship between the elements of the claim by intended computer system. Therefore, those claim elements are not given patentable weight.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
5. Claim 19 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Seregin et al. (US 2013/0272410).
Regarding claim 19, in view of the above 112 rejection, It is noted that, the claim as a whole considered as a storge media, memory for storing data/bitstream”, and therefore;
Sereging, discloses a data storage media such as Blu-ray discs, DVDs, CD-ROMs, flash memory, or other suitable digital storage media for storing video data/bitstream (e.g., paragraphs 0040,0043,
0045).
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 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).
7. 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).
8. 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.
9. 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.
10. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over patented claims 1-21 of U.S. Patent No. 11800124, and patented claims 1-20 of U.S. Patent No. 12219163, either alone or in-combination. Although the claims at issue are not identical, they are not patentably distinct from each other because they claim the same scope of the invention, but using different variations.
18/990801
US 11800124; US 12219163
1. A method of video coding, comprising: obtaining a video picture that includes a first component and a second component; determining a plurality of offsets associated with the second component; utilizing a sample value of the first component to obtain a class index associated with the second component; selecting an offset from the plurality of offsets for the second component according to the class index; and obtaining a sample value of the second component based on the selected offset, wherein the sample value of the first component is derived from one or more of collocated or neighboring samples of the first component relative to a sample of the second component, and wherein the sample value of the first component is derived differently for different chroma formats.
1 of ‘124, A method of decoding video signal, comprising: receiving, from a bitstream, the video signal that includes a first component and a second component; receiving a plurality of offsets associated with the second component; utilizing a sample value of the first component to obtain a class index associated with the second component; selecting an offset from the plurality of offsets for the second component according to the class index; and obtaining a modified sample value of the second component based on the selected offset …,
3 of ‘124, … wherein the sample value is a value of a collocated sample of the first component relative to a sample of the second component.
9 of ‘124, … wherein the sample value of the first component is derived differently for different chroma format.
2. The method of claim 1, wherein the first component is a luma component, and the second component is a chroma component.
2 of ‘124, The method of claim 1, wherein the first component is a luma component, and the second component is a chroma component.
3. The method of claim 1, wherein the sample value of the first component is a value of a collocated sample of the first component relative to a sample of the second component.
3 of ’124, The method of claim 1, wherein the sample value is a value of a collocated sample of the first component relative to a sample of the second component.
4. The method of claim 1, wherein utilizing the sample value of the first component to obtain the class index associated with the second component comprises: determining a band by utilizing the sample value of the first component and based on a number of bands divided from a range of the first component; and obtaining the class index associated with the second component based on the determined band.
4 of ‘124, The method of claim 1, wherein utilizing the sample value of the first component to obtain the class index associated with the second component comprises: utilizing the sample value of the first component to determine a band according to a number of bands divided from a range of the sample value of the first component; and obtaining the class index associated with the second component based on the determined band.
5. The method of claim 4, wherein the determined band is obtained as: Class = (Y * band-num) >> bit_depth, wherein band_num is a number of divided bands of a dynamic range of the first component, Y is the sample value of the first component, and bit_depth is a sequence bit depth.
5 of ‘124, The method of claim 4, wherein the determined band is obtained as: Class=(Y*band_num)>>bit_depth, wherein band_num is number of divided bands of dynamic range of the first component, Y is the sample value of the first component, and bit_depth is a sequence bit depth.
6. The method of claim 4, wherein the number of bands divided from a dynamic range of the first component is fixed or is signaled in one or more of APS, PPS, PH, or SH levels.
6 of ‘124, The method of claim 4, wherein the number of divided bands of dynamic range of the first component is fixed or signaled in one or more of APS, PPS, PH, and SH level.
7. The method of claim 1, wherein the sample value of the first component is a value of a neighboring sample of the first component relative to a sample of the second component.
7 of ‘124, The method of claim 1, wherein the sample value is a value of a neighboring sample of the first component relative to a sample of the second component.
8. The method of claim 1, wherein the sample value of the first component is a value obtained by weighing collocated and neighboring samples of the first component relative to a sample of the second component.
8 of ‘124, The method of claim 1, wherein the sample value is a value obtained by weighing collocated and neighboring samples of the first component relative to a sample of the second component.
9. The method of claim 1, wherein the sample value of the first component is a comparison value of a collocated sample and a neighboring sample of the first component relative to a sample of the second component.
10 of ‘124, The method of claim 1, wherein the sample value is a comparison value of a collocated sample and a neighboring sample of the first component relative to a sample of the second component.
10. The method of claim 1, wherein utilizing the sample value of the first component to obtain the class index associated with the second component comprises: utilizing a first sample value of the first component to obtain a first variable; utilizing a second sample value of the first component to obtain a second variable; and obtaining the class index according to the first variable and the second variable.
1 of ‘124, … utilizing a first sample value of the first component to obtain a first parameter; utilizing a second sample value of the first component to obtain a second parameter; and obtaining the class index according to the first parameter and the second parameter.
11. The method of claim 2, wherein utilizing the sample value of the first component to obtain the class index associated with the second component further comprises: utilizing a second sample value of the first component to obtain a second class index associated with another second component, wherein the class index is different from the second class index.
11 of ‘163, The method of claim 1, wherein utilizing the sample value of the first component to obtain the class index associated with the second component further comprises: utilizing a third sample value of the first component to obtain a second class index associated with another second component, wherein the class index is different from the second class index.
12. The method of claim 4, wherein offsets corresponding to the bands are stored for next use according to an index which indicates which offsets are used for a next picture.
12 of ‘124, The method of claim 4, wherein offsets corresponding to the bands are stored for next use according to an index which indicates which offsets are used for a next picture.
13. The method of claim 1, wherein all of the collocated and the neighboring samples of the first component relative to the sample of the second component are located within a current picture frame.
13 of ‘124, The method of claim 1, … wherein all of the collocated and neighboring samples of the first component relative to the sample of the second component are located within a current picture frame.
14. The method of claim 1, wherein the plurality of offsets associated with the second component are within a predetermined range.
14 of ‘124, The method of claim 1, wherein the plurality of offsets associated with the second component is within a predetermined range.
15. The method of claim 14, wherein the predetermined range is fixed or is signaled in one or more of SPS, APS, PPS, PH, or SH levels.
15 of ‘124, The method of claim 14, wherein the predetermined range is fixed or signaled in one or more of SPS, APS, PPS, PH, and SH level.
16. The method of claim 1, further comprising: determining a syntax element that indicates whether Cross-component Sample Adaptive Offset (CCSAO) is enabled for a sequence including the video picture.
16 of ‘124, The method of claim 1, wherein receiving the video signal comprises receiving a syntax element that indicates whether Cross-component Sample Adaptive Offset (CCSAO) is enabled for the video signal.
17. An electronic apparatus comprising one or more processing units, a memory coupled to the one or more processing units, and a plurality of programs stored in the memory that, when executed by the one or more processing units, cause the electronic apparatus to perform a plurality of operations of video coding, comprising: obtaining a video picture that includes a first component and a second component; determining a plurality of offsets associated with the second component; utilizing a sample value of the first component to obtain a class index associated with the second component; selecting an offset from the plurality of offsets for the second component according to the class index; and obtaining a sample value of the second component based on the selected offset, wherein the sample value of the first component is derived from one or more of collocated or neighboring samples of the first component relative to a sample of the second component, and wherein the sample value of the first component is derived differently for different chroma formats.
17 of ‘124, An electronic apparatus comprising one or more processing units, memory coupled to the one or more processing units, and a plurality of programs stored in the memory that, when executed by the one or more processing units, cause the electronic apparatus to perform a plurality of operations of decoding video signal, comprising: receiving, from a bitstream, the video signal that includes a first component and a second component; receiving a plurality of offsets associated with the second component; utilizing a sample value of the first component to obtain a class index associated with the second component; selecting an offset from the plurality of offsets for the second component according to the class index; and obtaining a modified sample value of the second component based on the selected offset, …
18 of ‘124, …, wherein the sample value is a value of a collocated sample of the first component relative to a sample of the second component.
9 of ‘124, … wherein the sample value of the first component is derived differently for different chroma format.
18. The electronic apparatus of claim 17, wherein the first component is a luma component, and the second component is a chroma component.
2 of ‘124, … wherein the first component is a luma component, and the second component is a chroma component.
19. A non-transitory computer readable storage medium storing a bitstream generated by operations of video coding comprising: obtaining a video picture that includes a first component and a second component; determining a plurality of offsets associated with the second component; utilizing a sample value of the first component to obtain a class index associated with the second component; selecting an offset from the plurality of offsets for the second component according to the class index; and obtaining a sample value of the second component based on the selected offset, wherein the sample value of the first component is derived from one or more of collocated or neighboring samples of the first component relative to a sample of the second component, and wherein the sample value of the first component is derived differently for different chroma formats.
21 of ‘124, A non-transitory computer readable storage medium storing …, comprising: receiving, from a bitstream, the video signal that includes a first component and a second component; receiving a plurality of offsets associated with the second component; utilizing a sample value of the first component to obtain a class index associated with the second component; selecting an offset from the plurality of offsets for the second component according to the class index; and obtaining a modified sample value of the second component based on the selected offset …,
18 of ‘124, … wherein the sample value is a value of a collocated sample of the first component relative to a sample of the second component.
9 of ‘124, … wherein the sample value of the first component is derived differently for different chroma format.
20. A method for storing a bitstream, comprising: generating a bitstream using the method according to claim 1; and storing the bitstream on a non-transitory computer readable storage medium.
Obvious over claim 21
In view of the above, allowing claims 1-20 of the instant application would result in an
unjustified or improper time-wise extension of the "right to exclude" granted by a patent. See In re
Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Feb. Cir. 1993).
Contact Information
11. 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
normally be reached on Monday-Friday 10:00-6:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a
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If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor,
Christopher Kelley can be reached on 571 272 7331. The fax phone number for the organization where
this application or proceeding is assigned is 571-273-8300.
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/BEHROOZ M SENFI/Primary Examiner, Art Unit 2482