DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/8/25 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Claim Rejections - 35 USC § 102
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.
The following is a quotation of the appropriate paragraphs of pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim 3 is rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Kadono (US 2004/0076237).
Regarding claim 3, Kadono discloses a non-transitory computer-readable medium storing a bitstream (paragraph [257], Kadono discloses a computer readable data medium such as CD-ROM, floppy disk, hard disk drive, etc.), the bitstream comprising: buffer descriptions; buffer description selecting information; reference list descriptions; and an index for identifying one of reference pictures, the bitstream causing a processor to perform operations including: obtaining, from a sequence parameter set corresponding to a coded bitstream, the buffer descriptions, each of the buffer descriptions specifying the reference pictures to be held in a buffer for decoding pictures; obtaining, from the sequence parameter set, the reference list descriptions, which correspond one-to-one with the buffer descriptions, each of the reference list descriptions indicating a correspondence relationship between the one of the reference pictures that is specified by a corresponding one of the buffer descriptions and the index for identifying the one of the reference pictures; obtaining, from a header of one of slices in one of the pictures, the buffer description selecting information indicating one of the buffer descriptions; obtaining, from the one of the slices, the index for identifying the one of the reference pictures; and specifying one of the reference pictures held in the buffer using (i) the reference list description which corresponds to the buffer description indicated by the buffer description selecting information and (ii) the index for identifying the one of the reference pictures (paragraph [257], Kadono discloses a computer readable data medium such as CD-ROM, floppy disk, hard disk drive, etc.).
Note claim 3 is directed to “a non-transitory computer-readable medium’'. The non-transitory computer-readable medium without functional relationship between the computer readable medium and the rest of recited features of the claim “…storing a bitstream, the bitstream comprising: buffer descriptions; buffer description selecting information; reference list descriptions; and an index for identifying one of reference pictures, the bitstream causing a processor to perform operations including: obtaining, from a sequence parameter set corresponding to a coded bitstream, the buffer descriptions, each of the buffer descriptions specifying the reference pictures to be held in a buffer for decoding pictures; obtaining, from the sequence parameter set, the reference list descriptions, which correspond one-to-one with the buffer descriptions, each of the reference list descriptions indicating a correspondence relationship between the one of the reference pictures that is specified by a corresponding one of the buffer descriptions and the index for identifying the one of the reference pictures; obtaining, from a header of one of slices in one of the pictures, the buffer description selecting information indicating one of the buffer descriptions; obtaining, from the one of the slices, the index for identifying the one of the reference pictures; and specifying one of the reference pictures held in the buffer using (i) the reference list description which corresponds to the buffer description indicated by the buffer description selecting information and (ii) the index for identifying the one of the reference pictures”. When determining the scope of the claim, the above features of claim 3 were not given patentable weight. See MPEP 2111.05 (III). Thus, the computer-readable data recording medium such as CD-ROM, floppy disk, or a hard disk drive disclosed in Kadono meets Applicant’s claim 3.
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.
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.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,533,488. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of present Application ‘226 is similar to but broader than claim 1 of Patent ‘488. Thus, claim 1 of present Application ‘226 is anticipated by claim 1 of Patent ‘488. Peruse the table below.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,956,440. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of present Application ‘226 is similar to claim 1 of Patent ‘440. Thus, claim 1 of present Application ‘226 is anticipated by claim 1 of Patent ‘440. Peruse the table below.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,348,725. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of present Application ‘226 is similar to claim 1 of Patent ‘725. Thus, claim 1 of present Application ‘226 is anticipated by claim 1 of Patent ‘725. Peruse the table below.
Present Application 19/013,226
US Patent No. 11,533,488
US Patent No. 11,956,440
US Patent No. 12,348,725
Claim 1.
A non-transitory computer readable medium storing therein a computer program, which when executed by a processor, causes the processor to perform operations including: writing, into a sequence parameter set, (i) buffer descriptions, each of the buffer descriptions specifying reference pictures to be held in a buffer for encoding the pictures and (ii) reference list descriptions which correspond one-to-one with the buffer descriptions, each of the reference list descriptions indicating a correspondence relationship between one of the reference pictures that is specified by a corresponding one of the buffer descriptions and an index for identifying the reference picture; writing, into a header of one of slices in one of the pictures, selecting information indicating one of the buffer descriptions; and (i) specifying one of the reference pictures held in the buffer using the buffer description indicated by the selecting information, (ii) encoding the one of the slices using the specified reference picture, and (iii) writing, into an encoded sequence, the encoded slice and the index that identifies the specified reference picture in the reference list description that corresponds to the buffer description indicated by the selecting information.
Claim 1.
A method for transmitting a bitstream via network, the method comprising: transmitting the bitstream via network, wherein the bitstream is generated by performing the steps of: writing, into a sequence header, (i) buffer descriptions, each of the buffer descriptions specifying reference pictures to be held in a buffer for encoding the pictures and (ii) reference list descriptions which correspond one-to-one with the buffer descriptions, each of the reference list descriptions indicating a correspondence relationship between one of the reference pictures that is specified by a corresponding one of the buffer descriptions and an index for identifying the reference picture; writing, into a header of one of slices in one of the pictures, selecting information indicating one of the buffer descriptions; and (i) specifying one of the reference pictures held in the buffer using the buffer description indicated by the selecting information, (ii) encoding the one of the slices using the specified reference picture, and (iii) writing, into the encoded sequence, the encoded slice and the index that identifies the specified reference picture in the reference list description that corresponds to the buffer description indicated by the selecting information, wherein syntax elements included in the sequence header are applied to all of the pictures in the encoded sequence, the syntax elements included in the sequence header including the buffer descriptions and the reference list descriptions, and wherein syntax elements included in a header of each of the slices are applied to all blocks in the slice, the syntax elements included in the header of the one of the slices including the selecting information.
Claim 1.
An image encoding apparatus for encoding pictures into an encoded sequence, the image encoding apparatus comprising: a processor; and a memory storing thereon a computer program, which when executed by the processor, causes the processor to perform operations including: writing, into a sequence parameter set, (i) buffer descriptions, each of the buffer descriptions specifying reference pictures to be held in a buffer for encoding the pictures and (ii) reference list descriptions which correspond one-to-one with the buffer descriptions, each of the reference list descriptions indicating a correspondence relationship between one of the reference pictures that is specified by a corresponding one of the buffer descriptions and an index for identifying the reference picture; writing, into a header of one of slices in one of the pictures, selecting information indicating one of the buffer descriptions; and (i) specifying one of the reference pictures held in the buffer using the buffer description indicated by the selecting information, (ii) encoding the one of the slices using the specified reference picture, and (iii) writing, into the encoded sequence, the encoded slice and the index that identifies the specified reference picture in the reference list description that corresponds to the buffer description indicated by the selecting information.
Claim 1.
An image encoding method for encoding pictures into an encoded sequence, the image encoding method comprising: writing, into a sequence parameter set, (i) buffer descriptions, each of the buffer descriptions specifying reference pictures to be held in a buffer for encoding the pictures and (ii) reference list descriptions which correspond one-to-one with the buffer descriptions, each of the reference list descriptions indicating a correspondence relationship between one of the reference pictures that is specified by a corresponding one of the buffer descriptions and an index for identifying the reference picture; writing, into a header of one of slices in one of the pictures, selecting information indicating one of the buffer descriptions; and (i) specifying one of the reference pictures held in the buffer using the buffer description indicated by the selecting information, (ii) encoding the one of the slices using the specified reference picture, and (iii) writing, into the encoded sequence, the encoded slice and the index that identifies the specified reference picture in the reference list description that corresponds to the buffer description indicated by the selecting information.
Claim 2 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,019,342. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 2 of present Application ‘226 is similar to but broader than claim 1 of Patent ‘342. Thus, claim 2 of present Application ‘226 is anticipated by claim 1 of Patent ‘342. Peruse the table below.
Claim 2 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2 of U.S. Patent No. 11,956,440. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 2 of present Application ‘226 is similar to claim 2 of Patent ‘440. Thus, claim 2 of present Application ‘226 is anticipated by claim 2 of Patent ‘440. Peruse the table below.
Claim 2 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2 of U.S. Patent No. 12,348,725. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 2 of present Application ‘226 is similar to claim 2 of Patent ‘725. Thus, claim 2 of present Application ‘226 is anticipated by claim 2 of Patent ‘725. Peruse the table below.
Present Application 19/013,226
US Patent No. 11,019,342
US Patent No. 11,956,440
US Patent No. 12,348,725
Claim 2.
A non-transitory computer readable medium storing therein a computer program, which when executed by a processor, causes the processor to perform operations including: obtaining, from a sequence parameter set corresponding to a coded bitstream, buffer descriptions, each of the buffer descriptions specifying reference pictures to be held in a buffer for decoding pictures; obtaining, from the sequence parameter set, reference list descriptions, which correspond one-to-one with the buffer descriptions, each of the reference list descriptions indicating a correspondence relationship between one of the reference pictures that is specified by a corresponding one of the buffer descriptions and an index for identifying the one of the reference pictures; obtaining, from a header of one of slices in one of the pictures, buffer description selecting information indicating one of the buffer descriptions; obtaining, from the one of the slices, the index for identifying the one of the reference pictures; and specifying one of the reference pictures held in the buffer using (i) the reference list description which corresponds to the buffer description indicated by the buffer description selecting information and (ii) the index for identifying the one of the reference pictures.
Claim 1.
An integrated circuit that executes operations comprising: obtaining, from a sequence parameter set corresponding to a coded bitstream, buffer descriptions, each of the buffer descriptions specifying reference pictures to be held in a buffer for decoding pictures; obtaining, from the sequence parameter set, reference list descriptions, which correspond one-to-one with the buffer descriptions, each of the reference list descriptions indicating a correspondence relationship between one of the reference pictures that is specified by a corresponding one of the buffer descriptions and an index for identifying the one of the reference pictures; obtaining, from a header of one of slices in one of the pictures, buffer description selecting information indicating one of the buffer descriptions; obtaining, from the one of the slices, the index for identifying the one of the reference pictures; and specifying one of the reference pictures held in the buffer using (i) the reference list description which corresponds to the buffer description indicated by the buffer description selecting information and (ii) the index for identifying the one of the reference pictures, wherein syntax elements included in the sequence parameter set are used in common for decoding the pictures, the syntax elements including the buffer descriptions and the reference list descriptions, and wherein syntax elements included in the header of the one of the slices are used in common for decoding blocks in the one of the slices, the syntax elements including the buffer description selection information.
Claim 2.
An image decoding apparatus for decoding pictures, the image decoding apparatus comprising: a processor; and a memory storing thereon a computer program, which when executed by the processor, causes the processor to perform operations including: obtaining, from a sequence parameter set corresponding to a coded bitstream, buffer descriptions, each of the buffer descriptions specifying reference pictures to be held in a buffer for decoding pictures; obtaining, from the sequence parameter set, reference list descriptions, which correspond one-to-one with the buffer descriptions, each of the reference list descriptions indicating a correspondence relationship between one of the reference pictures that is specified by a corresponding one of the buffer descriptions and an index for identifying the one of the reference pictures; obtaining, from a header of one of slices in one of the pictures, buffer description selecting information indicating one of the buffer descriptions; obtaining, from the one of the slices, the index for identifying the one of the reference pictures; and specifying one of the reference pictures held in the buffer using (i) the reference list description which corresponds to the buffer description indicated by the buffer description selecting information and (ii) the index for identifying the one of the reference pictures.
Claim 2.
An image decoding method for decoding pictures, the image decoding method comprising: obtaining, from a sequence parameter set corresponding to a coded bitstream, buffer descriptions, each of the buffer descriptions specifying reference pictures to be held in a buffer for decoding pictures; obtaining, from the sequence parameter set, reference list descriptions, which correspond one-to-one with the buffer descriptions, each of the reference list descriptions indicating a correspondence relationship between one of the reference pictures that is specified by a corresponding one of the buffer descriptions and an index for identifying the one of the reference pictures; obtaining, from a header of one of slices in one of the pictures, buffer description selecting information indicating one of the buffer descriptions; obtaining, from the one of the slices, the index for identifying the one of the reference pictures; and specifying one of the reference pictures held in the buffer using (i) the reference list description which corresponds to the buffer description indicated by the buffer description selecting information and (ii) the index for identifying the one of the reference pictures.
Claim 3 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 3 of U.S. Patent No. 12,348,725. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 3 of present Application ‘226 is similar to but broader than claim 3 of Patent ‘725. Thus, claim 3 of present Application ‘226 is anticipated by claim 3 of Patent ‘725. Peruse the table below.
Present Application 19/013,226
US Patent No. 12,348,725
Claim 3.
A non-transitory computer-readable medium storing a bitstream, the bitstream comprising: buffer descriptions; buffer description selecting information; reference list descriptions; and an index for identifying one of reference pictures, the bitstream causing a processor to perform operations including: obtaining, from a sequence parameter set corresponding to a coded bitstream, the buffer descriptions, each of the buffer descriptions specifying the reference pictures to be held in a buffer for decoding pictures; obtaining, from the sequence parameter set, the reference list descriptions, which correspond one-to-one with the buffer descriptions, each of the reference list descriptions indicating a correspondence relationship between the one of the reference pictures that is specified by a corresponding one of the buffer descriptions and the index for identifying the one of the reference pictures; obtaining, from a header of one of slices in one of the pictures, the buffer description selecting information indicating one of the buffer descriptions; obtaining, from the one of the slices, the index for identifying the one of the reference pictures; and specifying one of the reference pictures held in the buffer using (i) the reference list description which corresponds to the buffer description indicated by the buffer description selecting information and (ii) the index for identifying the one of the reference pictures.
Claim 3.
A non-transitory computer-readable medium storing computer executable instructions and a bitstream, the bitstream comprising: encoded buffer descriptions in a sequence parameter set corresponding to buffer descriptions; encoded reference list descriptions in the sequence parameter set corresponding to reference list descriptions; and an encoded selecting information in a header of one of slices in one of pictures corresponding to a selecting information, the computer executable instructions, when executed by a computer, cause the computer to generate the bitstream by performing an encoding method comprising: writing, into the sequence parameter set, (i) the buffer descriptions, each of the buffer descriptions specifying reference pictures to be held in a buffer for encoding the pictures and (ii) the reference list descriptions which correspond one-to-one with the buffer descriptions, each of the reference list descriptions indicating a correspondence relationship between one of the reference pictures that is specified by a corresponding one of the buffer descriptions and an index for identifying the reference picture; writing, into the header of one of slices in one of the pictures, the selecting information indicating one of the buffer descriptions; and (i) specifying one of the reference pictures held in the buffer using the buffer description indicated by the selecting information, (ii) encoding the one of the slices using the specified reference picture, and (iii) writing, into the encoded sequence, the encoded slice and the index that identifies the specified reference picture in the reference list description that corresponds to the buffer description indicated by the selecting information.
Citation of Other Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1. “VIDEO ENCODING METHODS AND DEVICES” - Cosman et al (US 8,040,949).
2. “PICTURE PROCESSING VIA A SHARED DECODED PICTURE POOL” - Yuan et al (US 2010/0020885).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLEN C WONG whose telephone number is (571)272-7341. The examiner can normally be reached on Flex Monday-Thursday 9:30am-7:30pm.
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/ALLEN C WONG/Primary Examiner, Art Unit 2488