DETAILED ACTION
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/ are in compliance with the provisions of 37 CFR 1.97. 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 § 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 1-4 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of copending Application No. 19/022,886 in view of Lee et al. US 2020/0267408. Although the claims at issue are not identical, they are not patentably distinct from each other because the conflicting claims are not identical in terms of wording and terminology, the scopes of the claims are the same, and they are not patentably distinct from each other as they are obvious variations of one another. Application No. 19/022,886 does not recite obtaining prediction related information and residual information of a current block; deriving a residual sample of the current block based on residual information for the current block; and generating a reconstructed picture based on the prediction sample and the residual sample. Lee discloses obtaining prediction related information and residual information of a current block; [figs. 1-2; ¶ 0101-0117; ¶ 0124-0132] deriving a residual sample of the current block based on residual information for the current block; [figs. 1-2; ¶ 0101-0117; ¶ 0124-0132] and generating a reconstructed picture based on the prediction sample and the residual sample, [figs. 1-2; ¶ 0101-0117; ¶ 0124-0132] It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the techniques of Lee with the teachings of Application No. 19/022,886 allowing for improved coding efficiency.
Claims 1-4 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of copending Application No. 19/022,992 in view of Lee et al. US 2020/0267408. Although the claims at issue are not identical, they are not patentably distinct from each other because the conflicting claims are not identical in terms of wording and terminology, the scopes of the claims are the same, and they are not patentably distinct from each other as they are obvious variations of one another. Application No. 19/022,992 does not recite obtaining prediction related information and residual information of a current block. Lee discloses obtaining prediction related information and residual information of a current block. [figs. 1-2; ¶ 0101-0117; ¶ 0124-0132] It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the techniques of Lee with the teachings of Application No. 19/022,992 allowing for improved coding efficiency.
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 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) 1-4 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lee et al. US 2020/0267408.
As to claim 1, Lee teaches a method of decoding an image, the method comprising: obtaining prediction related information and residual information of a current block; [figs. 1-2; ¶ 0101-0117; ¶ 0124-0132] determining whether the current block is adjacent to an upper boundary of a current coding tree block of the current block; [fig. 3; figs. 7-8; ¶ 0135; ¶ 0151-0153; ¶ 0165; ¶ 0276; ¶ 0404] deriving a spatial sub-block merge candidate of the current block based on a top neighboring block of the current block; [¶ 0165-0167; ¶ 0276] deriving a temporal sub-block merge candidate of the current block based on a temporal neighboring block of the current block; [¶ 0170-0172; ¶ 0276] constructing sub-block merge candidate list of the current block based on the spatial sub-block merge candidate and the temporal sub-block merge candidate; [¶ 0271; ¶ 0276-0278; ¶ 0429-0430; ¶ 0440] determining sub-block merge information of the current block based on the prediction related information; [figs. 1-2; ¶ 0014; ¶ 0024; ¶ 0100-0106; ¶ 0123-0132; ¶ 0250-0251; ¶ 0271; ¶ 0278] and deriving a prediction sample of the current block based on the sub-block merge information; [figs. 1-2; ¶ 0014; ¶ 0024; ¶ 0100-0106; ¶ 0123-0132; ¶ 0250-0251; ¶ 0271; ¶ 0278] deriving a residual sample of the current block based on the residual information for the current block; [figs. 1-2; ¶ 0101-0117; ¶ 0124-0132] and generating a reconstructed picture based on the prediction sample and the residual sample, [figs. 1-2; ¶ 0101-0117; ¶ 0124-0132] based on the current block being adjacent to the upper boundary of the current coding tree block of the current block, the spatial sub-block merge candidate is determined based on a motion vector corresponding to a location adjacent to the upper boundary of a current coding tree block of the current block, and the location adjacent to the upper boundary of the current coding tree block comprises a lower-left location of the top neighboring block and a lower-right location of the top neighboring block. [figs. 7-8; ¶ 0135; ¶ 0151-0153; ¶ 0165; ¶ 0276; ¶ 0404]
As to claim 2, Lee teaches a method of encoding an image, the method comprising: determining whether a current block is adjacent to an upper boundary of a current coding tree block of the current block; [fig. 3; figs. 7-8; ¶ 0135; ¶ 0151-0153; ¶ 0165; ¶ 0276; ¶ 0404] deriving a spatial sub-block merge candidate of the current block based on a top neighboring block of the current block; [¶ 0165-0167; ¶ 0276] deriving a temporal sub-block merge candidate of the current block based on a temporal neighboring block of the current block; [¶ 0170-0172; ¶ 0276] constructing sub-block merge candidate list of the current block based on the spatial sub-block merge candidate and the temporal sub-block merge candidate; [¶ 0271; ¶ 0276-0278; ¶ 0429-0430; ¶ 0440] determining sub-block merge information of the current block based on the sub-block merge candidate list; [¶ 0271; ¶ 0276-0278; ¶ 0429-0430; ¶ 0440] deriving a prediction sample of the current block based on the sub-block merge information; [figs. 1-2; ¶ 0014; ¶ 0024; ¶ 0100-0106; ¶ 0123-0132; ¶ 0250-0251; ¶ 0271; ¶ 0278] deriving a residual sample of the current block based on the prediction sample; [figs. 1-2; ¶ 0101-0117; ¶ 0124-0132] and encoding image information including prediction related information and residual information of the current block, [figs. 1-2; ¶ 0101-0117; ¶ 0124-0132] based on the current block being adjacent to the upper boundary of the current coding tree block of the current block, the spatial sub-block merge candidate is determined based on a motion vector corresponding to a location adjacent to the upper boundary of a current coding tree block of the current block, and the location adjacent to the upper boundary of the current coding tree block comprises a lower-left location of the top neighboring block and a lower-right location of the top neighboring block. [figs. 7-8; ¶ 0135; ¶ 0151-0153; ¶ 0165; ¶ 0276; ¶ 0404]
As to claim 3, Lee teaches a non-transitory storage medium storing a program which causes an image encoding method for generating a bitstream is performed when the program is performed, wherein the image encoding method including: determining whether a current block is adjacent to an upper boundary of a current coding tree block of the current block; deriving a spatial sub-block merge candidate of the current block based on a top neighboring block of the current block; [fig. 3; figs. 7-8; ¶ 0135; ¶ 0151-0153; ¶ 0165; ¶ 0276; ¶ 0404] deriving a temporal sub-block merge candidate of the current block based on a temporal neighboring block of the current block; [¶ 0170-0172; ¶ 0276] constructing sub-block merge candidate list of the current block based on the spatial sub-block merge candidate and the temporal sub-block merge candidate; [¶ 0271; ¶ 0276-0278; ¶ 0429-0430; ¶ 0440] determining sub-block merge information of the current block based on the sub-block merge candidate list; [¶ 0271; ¶ 0276-0278; ¶ 0429-0430; ¶ 0440] deriving a prediction sample of the current block based on the sub-block merge information; [figs. 1-2; ¶ 0014; ¶ 0024; ¶ 0100-0106; ¶ 0123-0132; ¶ 0250-0251; ¶ 0271; ¶ 0278] deriving a residual sample of the current block based on the prediction sample; [figs. 1-2; ¶ 0101-0117; ¶ 0124-0132] encoding image information including prediction related information and residual information of the current block; [figs. 1-2; ¶ 0101-0117; ¶ 0124-0132] and generating the bitstream including the image information, based on the current block being adjacent to the upper boundary of the current coding tree block of the current block, the spatial sub-block merge candidate is determined based on a motion vector corresponding to a location adjacent to the upper boundary of a current coding tree block of the current block, and the location adjacent to the upper boundary of the current coding tree block comprises a lower-left location of the top neighboring block and a lower-right location of the top neighboring block. [figs. 7-8; ¶ 0135; ¶ 0151-0153; ¶ 0165; ¶ 0276; ¶ 0404]
As to claim 4, Lee teaches a transmission method for image data, the method comprising: obtaining a bitstream of encoded image information, wherein the encoded image information is generated based on determining whether a current block is adjacent to an upper boundary of a current coding tree block of the current block, [fig. 3; figs. 7-8; ¶ 0135; ¶ 0151-0153; ¶ 0165; ¶ 0276; ¶ 0404] deriving a spatial sub-block merge candidate of the current block based on a top neighboring block of the current block, [¶ 0165-0167; ¶ 0276] deriving a temporal sub-block merge candidate of the current block based on a temporal neighboring block of the current block, [¶ 0170-0172; ¶ 0276] constructing sub-block merge candidate list of the current block based on the spatial sub-block merge candidate and the temporal sub-block merge candidate, [¶ 0271; ¶ 0276-0278; ¶ 0429-0430; ¶ 0440] determining sub- block merge information of the current block based on the sub- block merge candidate list, [¶ 0271; ¶ 0276-0278; ¶ 0429-0430; ¶ 0440] deriving a prediction sample of the current block based on the sub-block merge information, [figs. 1-2; ¶ 0014; ¶ 0024; ¶ 0100-0106; ¶ 0123-0132; ¶ 0250-0251; ¶ 0271; ¶ 0278] deriving a residual sample of the current block based on the prediction sample, [figs. 1-2; ¶ 0101-0117; ¶ 0124-0132] and encoding image information including prediction related information and residual information of the current block; [figs. 1-2; ¶ 0101-0117; ¶ 0124-0132] and transmitting the image data comprising the bitstream, [¶ 0124] based on the current block being adjacent to the upper boundary of the current coding tree block of the current block, the spatial sub-block merge candidate is determined based on a motion vector corresponding to a location adjacent to the upper boundary of a current coding tree block of the current block, and the location adjacent to the upper boundary of the current coding tree block comprises a lower-left location of the top neighboring block and a lower-right location of the top neighboring block. [figs. 7-8; ¶ 0135; ¶ 0151-0153; ¶ 0165; ¶ 0276; ¶ 0404]
Conclusion
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/ANNER HOLDER/Primary Examiner, Art Unit 2483
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