DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Priority
This application discloses and claims only subject matter disclosed in prior application, and names the inventor or at least one joint inventor named in the prior application. Accordingly, this application may constitute a continuation or divisional. Should applicant desire to claim the benefit of the filing date of the prior application, attention is directed to 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/02/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Arguments
Applicant’s arguments, see amendment, filed 09/26/2025, with respect to claim amendments have been fully considered.
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.
Instant Application
US10341653
Claim 1: A system comprising: a memory configured to store a first reference picture; and an encoder coupled to the memory and configured to: signal, in a header in a bit stream, a first luminance weight flag corresponding to the first reference picture; signal, in the header in a bit stream, a first chrominance weight flag corresponding to the first reference picture, wherein the first chrominance weight flag follows the first luminance weight flag; signal, in the header in a bit stream, a first luminance weighting factor corresponding to the first reference picture in the bit stream when the first luminance weight flag is set to indicate luminance component weighted prediction of the first reference picture is enabled, wherein the first luminance weighting factor follows the first chrominance weight flag in the bit stream; and signal, in the header in a bit stream, a first chrominance weighting factor corresponding to the first reference picture when the first chrominance weight flag is set to indicate chrominance component weighted prediction of the first reference picture is enabled, wherein the first chrominance weighting factor follows the first luminance weighting factor in the bit stream.
Claim 11: A method for encoding a picture of a video sequence in a bit stream, the method comprising: determining weighted prediction parameters for a first plurality of reference pictures, wherein the weighted prediction parameters may be used for weighted prediction in encoding at least one slice of the picture, and wherein the weighting prediction parameters comprise first luminance weight flags, first luminance weighting factors, first chrominance weight flags, and first chrominance weighting factors for the first plurality of reference pictures; and signaling the weighted prediction parameters in a slice header in the bit stream, wherein signaling comprises: signaling the first luminance weight flags sequentially in the bit stream; signaling the first chrominance weight flags sequentially in the bit stream following the first luminance weight flags; signaling the first luminance weighting factors sequentially in the bit stream following the first chrominance weight flags; and signaling the first chrominance weighting factors sequentially in the bit stream following the first luminance weighting factors
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 10341653. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claim is reciting the system performing the encoding method as described in US10341653 claim 11.
Allowable Subject Matter
Claims 1-20 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims including the resolution of any double patenting, 35 USC 101/112 matters.
The closes prior art of record is Holcomb et al. (US20050053155) (hereinafter Holcomb).
Holcomb discloses video coding that discloses weighted prediction. The weighted prediction flag also includes a plurality of parameters. These parameters include signaling luma weight and chroma weight parameters for the reference picture. However, the prior arts of record individually nor in combination do not explicitly disclose wherein the first luminance weighting factor follows the first chrominance weight flag in the bit stream; and signal, in the header in a bit stream, a first chrominance weighting factor corresponding to the first reference picture in the bit stream when the first chrominance weight flag is set to indicate chrominance component weighted prediction of the first reference picture is enabled, wherein the first chrominance weighting factor follows the first luminance weighting factor in the bit stream, when taken in the environment of the independent claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TALHA M NAWAZ whose telephone number is (571)270-5439. The examiner can normally be reached Flex, M-R 6:30am-3:30pm; F 8:30am-12:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joe G Ustaris can be reached at 571-272-7383. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TALHA M NAWAZ/ Primary Examiner, Art Unit 2483