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 .
This communication is responsive to the correspondence filled on 05/12/2026.
Claims 16-38 are presented for examination.
IDS Considerations
The information disclosure statement (IDS) submitted on 05/12/2026 and 3/6/25 is/are being considered by the examiner as the submission is in compliance with the provisions of 37 CFR 1.97.
Response to Arguments
Applicant's arguments filed 05/12/2026 with respect to claims 16-35 related to double patenting rejection have been considered but are moot in view of the new ground(s) of rejection, because of claim amendment.
Applicant's arguments filed 05/12/2026 with respect to claims 16-35 related to 103 and 112 rejections has been considered persuasive and rejection under 103 and 112 has been withdrawn.
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. The filing date of the application will determine what form 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.
Claims 16, 26 and 34 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1 of US Pat 12284344 B2.
Even though instant application does not claim “a vector of split possibilities based on a block of image data and a plurality of pixels adjacent to the block, wherein the causal pixel is a pixel of a causal border of the block of image data, wherein the causal border comprises a row of pixels on top of the block of image data and a column of pixels to the left of the block of image data, wherein the convolutional neural network comprises a convolutional layer and a fully connected layer, wherein an output of the convolutional layer comprises a vector associated with a level of splitting, wherein the output of the convolutional layer is concatenated with quantization information associated with the block of image data, wherein the output of the convolution layer”, however not claiming this does not provide instant application a patentable distinction. Because lack of limitation makes the claim broad obvious variation of US Pat 12284344 B2.
Claim 16 of instant application recites the broader terms, like deep learning (DL) algorithm”, “first layer” and “second layer”. Whereas US Pat 12284344 B2claim 1 recites – a “convolutional neural network”, with a “convolutional layer” and a “fully connected layer”. Narrowing details are omitted in the instant application. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, that instant Application 19/023,060 is obvious variation of US Pat 12284344 B2 because every element of claim 16 of instant application fully encompassed by claim 1 of US Pat 12284344 B2. Also, specifications of both application points to same invention from both claims (claim 16 of instant application and claim 1 of US Pat 12284344 B2).
Instant Application 19/023,060
US Pat 12284344 B2
16. A device for video processing, comprising: a memory, and a processor, configured to:
obtain an output of a first layer associated with a deep learning (DL) [convolutional neural network] algorithm based on a block of image data and a causal pixel of the block;
concatenate the output of the first layer with information associated with a quantization parameter of the block;
input the concatenated output to a second layer associated with the DL algorithm;
partition the block into a plurality of smaller blocks based on an output of the second layer;
and predict the plurality of smaller blocks.
1. A method for video processing, comprising:
determining, using a convolutional neural network, wherein the plurality of pixels
comprises a causal pixel, wherein the causal pixel is adjacent to the block of image data,
a vector of split possibilities based on a block of image data and a plurality of pixels adjacent to the block, wherein the causal pixel is a pixel of a causal border of the block of image data, wherein the causal border comprises a row of pixels on top of the block of image data and a column of pixels to the left of the block of image data, wherein the convolutional neural network comprises a convolutional layer and a fully connected layer, wherein an output of the convolutional layer comprises a vector associated with a level of splitting, wherein the output of the convolutional layer is concatenated with quantization information associated with the block of image data, wherein the output of the convolution layer,
concatenated with the quantization information, is an input of the fully connected layer,
and wherein an output of the fully connected layer, based on a dimension reduction, comprises the vector of split possibilities;
partitioning the block of image data into a plurality of smaller blocks based on the vector of split possibilities;
and predicting the plurality of smaller blocks.
9. Limitations of remaining claims of instant application are obvious over US Pat 12284344 B2. Please note 35 U.S.C. 101 allows only one patent from one patent application or invention. In that aspect all dependent claims of instant application are obvious variation of independent claim 16.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NASIM N NIRJHAR whose telephone number is (571) 272-3792. The examiner can normally be reached on Monday - Friday, 8 am to 5 pm ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William F Kraig can be reached on (571) 272-8660. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NASIM N NIRJHAR/Primary Examiner, Art Unit 2896
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