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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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 1, 8, and 14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 8, and 15 of U.S. Patent No. 12231649 (17958420). Although the claims at issue are not identical, they are not patentably distinct from each other because the difference between the claims of this application and the patented claims is that Applicant has added determining an angle and distance of the geometrical partition mode. It would have been obvious to one of ordinary skill in the art at the time the invention was made to add some limitations because one of ordinary skill in the art would have realized that adding some limitations in the claims is an obvious expedient since the remaining elements perform the same functions as before. in re Karison, 136 USPO 184 (COPA 1963).
Dependent claims are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims Patented Application No 12231649 (17958420).
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-15 are rejected under 35 U.S.C. 102A2 as being anticipated by US 20210144374 A1-Esenlik et al (Hereinafter referred to as “Esen”).
Regarding claim 1, Esen discloses a method for inter prediction, applied to an encoder ([fig. 2), comprising:
determining a prediction mode parameter of a current block (([0188], wherein the mode selection unit may be configured to determine the partitioning and prediction mode based on rate distortion optimization (RDO), i.e. select the prediction mode which provides a minimum rate distortion);
when the prediction mode parameter indicates that a Geometrical Partitioning Mode (GPM) is used for determining an inter prediction value of the current block (table 1, merge_gpm_partition_idx is interpreted as the prediction mode perameter that indicates a GPM; [0302]), determining an angle and a distance of the geometrical partition mode (Fig 9, [0289-0290];[0305]), and setting an angle index value and a distance index value to index values corresponding to the angle and the distance of the geometrical partition mode, respectively ((table 1 shows angle and distance index values in a preset mapping table; [0310])
determining a first refinement value according to the angle index value (According to instant applicant’s publication, [0108], if the modulus result of angleIdx%16 is less than or equal to 8, the result of comparison is angleIdx%16, i.e. the first refinement value. Therefore, to be consistent with Aplicant’s specification, Elsen discloses in [0326], angleIdx % 16==8; angleIdx % 16 !)
obtaining a shifted height according to a height of the current block ([0340]; [0347-0352]));
obtaining a shifted width according to a width of the current block ([0340]; [347-352]);
obtaining a value of a shifting direction indicator by using a preset model based on the shifted height, the shifted width, and the angle index value ([0353], wherein Shifthor is obtained based on whratio, which contains both height and width. Shifthor is also obtained based on angleIDX; [0060-0061]), wherein the value of the shifting direction indicator is used for indicating shifting directions of the geometrical partition ([0353, wherein shift hor is a direction; and
performing inter prediction on the current block based on the value of the shifting direction indicator and the distance index value (0203-0204).
Regarding claim 2, Esen discloses the method of claim 1, further comprising: determining that a shifting direction of a dividing line of the current block at the angle is a horizontal direction if the value of a shifting direction indicator is equal to 1 ([0360-0367]); and determining that a shifting direction of a dividing line of the current block at the angle is a vertical direction if the value of a shifting direction indicator is equal to 0 ([0357-0359]).
Regarding claim 3, Esen discloses the method of claim 1, wherein when the prediction mode parameter indicates that the Geometrical Partitioning Mode (GPM) is used for determining the inter prediction value of the current block[0283], according to geometric model, a separation line (dividing line) is resulted; table 1, merge_gpm_partition_idx is interpreted as the prediction mode perameter that indicates a GPM; [0302]), the method further comprises: determining a partition mode of the current block (table 1, merge_gpm_partition_idx); and determining the index value of the partition mode to be an index value corresponding to the partition mode in the preset mapping table and signaling the index value in a bitstream (Table 1), wherein, the preset mapping table is used for determining a relationship between a partition mode index value, an angle index value and a distance index (Table 1).
Regarding claim 4, Esen discloses the method of claim 1, wherein performing inter prediction on the current block based on the value of a shifting direction indicator and the distance index value, comprises: determining a target dividing line and offset information of the current block based on the value of a shifting direction indicator and the distance index value ([0361]); determining a first prediction value of a first partition of the current block and a second prediction value of a second partition of the current block based on division of the current block by the target dividing line ([0372]); calculating a weight matrix of the current block according to the offset information[0372-0379]); and weighting pixel points in the current block using the first prediction value, the second prediction value and the weight matrix to obtain an inter prediction value of the current block ([0378-0379]).
Regarding claim 5, Esen discloses the method of claim 1, wherein determining the first refinement value according to the angle index value comprises: using the angle index value to perform modulo operation on a third preset value to obtain a modulus result ([0354], wherein % is the modulo operation); and comparing the modulus result with a fourth preset value, and determining the first refinement value according to a result of comparison([0354-0365])
Regarding claim 6, Esen discloses the method of claim 1, wherein determining the first refinement value according to the angle index value comprises: searching for a logarithmic value corresponding to the angle index value from a first look- up table based on the angle index value ([0005-0006]); and determining a searched-out logarithmic value as the first refinement value ([0005-0006]).
Regarding claim 7, Esen discloses the method of claim 1, wherein determining the prediction mode parameter of the current block, comprises: performing precoding on the current block by using a plurality of prediction modes to obtain a rate distortion cost value corresponding to each prediction mode ([0293]); and selecting a minimum rate distortion cost value from a plurality of obtained rate distortion cost values ([0382]), and determining a prediction mode corresponding to the minimum rate distortion cost value as the prediction mode parameter of the current block ([0186-0188]).
Regarding claim 8, analyses are analogous to those presented for claim 1 and are applicable for claim 8 (Fig.1a wherein a decoder performs the opposite of the encoder).
Regarding claim 9, analyses are analogous to those presented for claim 3 and are applicable for claim 9
Regarding claim 10, analyses are analogous to those presented for claim 2 and are applicable for claim 10.
Regarding claim 11, analyses are analogous to those presented for claim 4 and are applicable for claim 11.
Regarding claim 12, analyses are analogous to those presented for claim 5 and are applicable for claim 12.
Regarding claim 13, analyses are analogous to those presented for claim 6 and are applicable for claim 13
Regarding claim 14, Esen discloses a decoder (fig.3) comprising a second memory and a second processor (Fig. 1B, element 43 for multiple processors and element 44 for multiple memory), wherein the second memory is configured to store a computer program runnable on the second processor[0101-0106]) ; and the second processor is configured to perform the method of claim 8 (Regarding claim 14, analyses are analogous to those presented for claim 8 and are applicable for claim 14) when running the computer program ([0101-0106]).
Regarding claim 15, analyses are analogous to those presented for claim 3 and are applicable for claim 15.
Regarding claim 16, analyses are analogous to those presented for claim 2 and are applicable for claim 16.
Regarding claim 17, analyses are analogous to those presented for claim 4 and are applicable for claim 17.
Regarding claim 18, analyses are analogous to those presented for claim 5 and are applicable for claim 18.
Regarding claim 19, analyses are analogous to those presented for claim 6 and are applicable for claim 19.
Regarding claim 20, analyses are analogous to those presented for claim 1 and are applicable for claim 20.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LERON BECK whose telephone number is (571)270-1175. The examiner can normally be reached M-F 8 am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Czekaj can be reached at (571) 272-7327. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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LERON . BECK
Examiner
Art Unit 2487
/LERON BECK/Primary Examiner, Art Unit 2487