DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Following prior arts are considered pertinent to applicant's disclosure.
Benjamin BROSS, et al., "Versatile Video Coding (Draft 9)", Joint Video Experts Team (JVET) of ITU-T SG16 WP 3 and ISO/IEC JTC 1/SC 29/WG 11, Document: JVET-R2001-v5, May 2nd, 2020 (hereinafter Bross)
US 20150271525 A1 (Hendry)
US 20160295211 A1 (Sato, Sato Base-layer/single layer use one profile, when enhancement layer is present it uses another profile {para 122, 126} and the abstract)
US 20150195587 A1 (a single access unit (access unit) includes pictures of all the streams.)
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 claims at issue 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).
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 reference 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. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-5 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 of U.S. Patent No. 12231665. Although the claims at issue are not identical, they are not patentably distinct from each other because the additional element “encodes a plurality of pictures which have common time information and each of which is included in a different layer” would have been obvious over the limitation “encodes a plurality of pictures which have common time information and each of which is included in a different layer” of the patented claim.
Ap. No. 19002182
US Patent No. 12231665
1. An encoder comprising: circuitry: and memory coupled to the circuitry, wherein in operation, the circuitry: encodes a plurality of pictures which have common time information and each of which is included in a different layer: adds the plurality of pictures into one access unit in a bitstream: and adds, into the bitstream, a first flag indicating that a total number of access units present in the bitstream is one, wherein a total number of the plurality of pictures is at least two, and a total number of the layers is at least two.
2. A decoder comprising: circuitry: and memory coupled to the circuitry, wherein in operation, the circuitry: obtains, from a bitstream, a first flag indicating that a total number of access units present in the bitstream is one: obtains a plurality of pictures from one access unit in the bitstream: and decodes the plurality of pictures which have common time information and each of which is included in a different layer, wherein a total number of the plurality of pictures is at least two, and a total number of the layers is at least two.
3. An encoding method comprising: encoding a plurality of pictures which have common time information and each of which is included in a different layer: adding the plurality of pictures into one access unit in a bitstream: and adding, into the bitstream, a first flag indicating that a total number of access units present in the bitstream is one, wherein a total number of the plurality of pictures is at least two, and a total number of the layers is at least two.
4. A decoding method comprising: obtaining, from a bitstream, a first flag indicating that a total number of access units present in the bitstream is one: obtaining a plurality of pictures from one access unit in the bitstream: and decoding the plurality of pictures which have common time information and each of which is included in a different layer, wherein a total number of the plurality of pictures is at least two, and a total number of the layers is at least two.
5. A non-transitory computer-readable medium storing a bitstream including computer executable instructions, wherein when the computer executable instructions are executed by a decoder, the decoder performs a decoding method including: obtaining, from the bitstream, a first flag indicating that a total number of access units present in the bitstream is one: obtaining a plurality of pictures from one access unit in the bitstream: and decoding the plurality of pictures which have common time information and each of which is included in a different layer, wherein a total number of the plurality of pictures is at least two, and a total number of the layers is at least two.
1. An encoder comprising: circuitry: and memory coupled to the circuitry, wherein in operation, the circuitry: encodes a plurality of pictures which have common time information and each of which is included in a different layer: adds the plurality of pictures into one access unit in a bitstream: and adds, into the bitstream, a first flag indicating that a total number of access units present in the bitstream is one.
2. A decoder comprising: circuitry: and memory coupled to the circuitry, wherein in operation, the circuitry: obtains, from a bitstream, a first flag indicating that a total number of access units present in the bitstream is one: obtains a plurality of pictures from one access unit in the bitstream: and decodes the plurality of pictures which have common time information and each of which is included in a different layer.
3. An encoding method comprising: encoding a plurality of pictures which have common time information and each of which is included in a different layer: adding the plurality of pictures into one access unit in a bitstream: and adding, into the bitstream, a first flag indicating that a total number of access units present in the bitstream is one.
4. A decoding method comprising: obtaining, from a bitstream, a first flag indicating that a total number of access units present in the bitstream is one: obtaining a plurality of pictures from one access unit in the bitstream: and decoding the plurality of pictures which have common time information and each of which is included in a different layer.
5. A non-transitory computer-readable medium storing a bitstream including computer executable instructions, wherein when the computer executable instructions are executed by a decoder, the decoder performs a decoding method including: obtaining, from the bitstream, a first flag indicating that a total number of access units present in the bitstream is one: obtaining a plurality of pictures from one access unit in the bitstream: and decoding the plurality of pictures which have common time information and each of which is included in a different layer.
Allowable Subject Matter
Claims 1-5 are allowable over prior art.
The following is an examiner’s statement of reasons for allowance:
With respect to claim 1: Bross teaches an encoding method comprising: encoding one or more pictures which have common time information and each of which is included in a different layer: [(page 3:Definitions 3.1)] : adding the one or more pictures into one access unit in a bitstream: [(page 3: Definitions 3.1)]: and adding, into the bitstream, a first flag indicating that a total number of picture present in the bitstream is one [(page 138: general_one_picture_only_constraint_flag equal to 1 specifies that there is only one coded picture in the bitstream )] .
in the same/related field of endeavor, Hendry teaches that total number of pictures corresponds to total number of access unit [(para 175)]
Therefore, Bross teaching may be equated to total number of access unit being one. However, the combination would then fail to teach “encoding a plurality of pictures which have common time information and each of which is included in a different layer: adding the plurality of pictures into one access unit in a bitstream”
Other claims are similarly allowable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mohammed Rahaman whose telephone number is (571)270-1438. The examiner can normally be reached on 8:30am - 5:00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nasser Goodarzi can be reached at telephone number (571) 272-4195. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/SHAHAN UR RAHAMAN/ Primary Examiner, Art Unit 2426