Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Detailed Action
This office Action is in response to an application filed on 01/03/2025 is a CON of 18/536,396 12/12/2023 PAT 12225227, is a CON of 17/573,020 01/11/2022 PAT 11889107, is a CON of 16/939,479 07/27/2020 PAT 11265574, is a CON of 16/250,430 01/17/2019 PAT 10779001, is a CON of 16/117,609 08/30/2018 PAT 10542281, is a CON of 15/698,934 09/08/2017 PAT 10091525, is a CON of 15/350,265 11/14/2016 PAT 9906812, is a CON of 13/647,140 10/08/2012 PAT 10009623, is a CON of PCT/JP2010/071178 11/26/2010, in which claims 1-4 are pending and are being examined.
Priority
Acknowledgement is made of applicant’s claim for foreign priority under 35 U.S.C § 119(a)-(d). Claimed foreign priority to PCT/JP2010-056400 04/08/2010. The certified copy of priority has been filed on 01/03/2025.
Information Disclosure Statement
This information disclosure statement (IDS) submitted on 01/03/2025. The submission is in compliance with the provisions of 37 CFR 1.97 and 37 CFR 1.98. Accordingly, the information disclosure statement is being considered by the examiner.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-4 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over Claim 1 of US patent US 12,225,227 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, below is a list of limitations that perform the same function, however, different terminology may be used in both sets to describe the limitations, as follows, Claim 1 is used as an example to analyze the common subject matter:
US patent US 12,225,227 B2
Instant Application:-19/009,558
1. An image decoding method comprising: selecting available blocks from already-decoded blocks, the already-decoded blocks including a first block adjacent to a left of a target block and a second block adjacent to a top of the target block, wherein the selecting available blocks comprises: determining which of an inter prediction and an intra prediction is applied to the first block, wherein when it is determined that the intra prediction is applied to the first block, the first block is not selected as an available block, determining which of the inter prediction and the intra prediction is applied to the second block, wherein when it is determined that the intra prediction is applied to the second block, the second block is not selected as an available block, determining whether a motion vector of the first block is identical to a motion vector of the second block, selecting the first block and the second block as available blocks when the inter prediction is applied to the first block and the second block and the motion vector of the first block is different from the motion vector of the second block, and selecting one of the first block and the second block as an available block when the inter prediction is applied to the first block and the second block and the motion vector of the first block is identical to the motion vector of the second block, wherein the other of the first block and the second block is not selected as an available block; decoding, from input encoded data, selection information specifying one of the available blocks; selecting a block from the available blocks in accordance with the selection information; generating a predicted image of the target block using a motion vector of the selected block; decoding a transform coefficient from the input encoded data; performing processing on the transform coefficient to obtain a prediction error, the processing including inverse transform; and generating a decoded image by adding the predicted image and the prediction error.
1. An image decoding method comprising: selecting, if a size of a target block is not a predetermined size, available blocks from already- decoded blocks, the already-decoded blocks including a first block adjacent to a left of the target block and a second block adjacent to a top of the target block, wherein the selecting available blocks comprises: determining which of an inter prediction and an intra prediction is applied to the first block, wherein when it is determined that the intra prediction is applied to the first block, the first block is not selected as an available block, determining which of the inter prediction and the intra prediction is applied to the second block, wherein when it is determined that the intra prediction is applied to the second block, the second block is not selected as an available block, determining whether a motion vector of the first block is identical to a motion vector of the second block, selecting the first block and the second block as available blocks when the inter prediction is applied to the first block and the second block and the motion vector of the first block is different from the motion vector of the second block, and selecting one of the first block and the -2- second block as an available block when the inter prediction is applied to the first block and the second block and the motion vector of the first block is identical to the motion vector of the second block, wherein the other of the first block and the second block is not selected as an available block; decoding, from input encoded data, selection information specifying one of the available blocks, wherein the selection information is not decoded when the number of the available blocks is 1;selecting a block from the available blocks in accordance with the selection information; and generating a predicted image of the target block using a motion vector of the selected block.
Claim 1 rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 respectively of US patent US 12,225,227 B2.
Referring to claim 1, taking claim 1 as exemplary, US 12,225,227 B2, does not explicitly disclose what’s claimed in instant application 19/009,558, selecting, if a size of a target block is not a predetermined size.
However, Tsukuba et al. (US 20100208802 A1), hereinafter Tsukuba, selecting, if a size of a target block is not a predetermined size ([0425], any other block other than NxN block size).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the application 19/009,558 to incorporate the teachings of Tsukuba to improve prediction efficiency (Tsukuba, Abstract).
A nonstatutory type (35 U.S.C. 101) double patenting rejection can be overcome by amending the conflicting claims so they are no longer coextensive in scope or filing of a terminal disclaimer.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMAD J RAHMAN whose telephone number is (571)270-7190. The examiner can normally be reached Monday-Friday 9AM-5PM.
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/Mohammad J Rahman/Primary Examiner, Art Unit 2487