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
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 16/099,639, filed on 11/07/2018.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 01/16/2025, 02/12/2025, 06/02/2025, 07/16/2025, 09/16/2025, 10/27/2025, 03/10/2026, and 05/13/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are 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 1-9 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of copending Application No. 18/909,095 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Application No. 19/024,563
Application No. 18/909,095
Claim 1
Claim 1
An image decoding method performed by a decoding apparatus, the method comprising:
An image decoding method performed by an image decoding apparatus, the method comprising:
obtaining a coding block by partitioning an image;
obtaining a coding block by partitioning an image;
determining a split type for the coding block based on a size of the coding block;
determining a split type for the coding block based on a size of the coding block;
deriving a current coding block split from the coding block based on the split type for the coding
block; and
deriving a current coding block split from the coding block based on the split type for the coding block; and
reconstructing the current coding block,
reconstructing the current coding block,
wherein determining the split type for the coding block based on the size of the coding block comprises:
wherein the determining the split type for the coding block based on the size of the coding block comprises:
decoding a split flag indicating whether the coding block is spilt;
decoding a split flag indicating whether the coding block is spilt;
based on a value of the split flag being equal to 1, decoding a first flag indicating whether the coding block is quad tree split; and
based on a value of the split flag being equal to 1, decoding a first flag indicating whether the coding block is quad tree split; and
based on a value of the first flag indicating that the coding block is not quad tree split, decoding
a second flag indicating whether a split direction of the coding block is a vertical direction or a horizontal direction,
based on a value of the first flag indicating that the coding block is not quad tree split, decoding
a second flag indicating whether a split direction of the coding block is a vertical direction or a horizontal direction,
wherein information on a maximum block size about binary tree split is signaled,
wherein information on a minimum block size about the quad tree split is signaled, and
wherein signaling of the first flag is determined based on the maximum block size about the binary tree split.
wherein signaling of the first flag is determined based on the minimum block size about the quad tree split.
Claim 2
Claim 2
wherein determining the split type for the coding block further comprises: based on the value of the split flag being equal to 1, decoding a third flag indicating whether the coding block is binary tree split.
wherein the determining the split type for the coding block further comprises: based on the value of the split flag being equal to 1, decoding a third flag indicating whether the coding block is binary tree split.
Claim 3
Claim 3
wherein current coding block is partitioned into one or more transform blocks.
wherein the current coding block is partitioned into one or more transform blocks
Claim 4
Claim 4
An image encoding method performed by an encoding apparatus, the method comprising:
An image encoding method performed by an image encoding apparatus, the method comprising:
obtaining a coding block by partitioning an image;
obtaining a coding block by partitioning an image;
determining a split type for the coding block based on a size of the coding block;
determining a split type for the coding block based on a size of the coding block;
deriving a current coding block split from the coding block based on the split type for the coding block; and
deriving a current coding block split from the coding block based on the split type for the coding block; and
encoding image information including information on the split type,
encoding image information including information on the split type,
wherein encoding the image information comprises:
wherein the encoding the image information comprises:
encoding a split flag indicating whether the coding block is spilt;
encoding a split flag indicating whether the coding block is spilt;
based on a value of the split flag being equal to 1, encoding a first flag indicating whether the coding block is quad tree split; and
based on a value of the split flag being equal to 1, encoding a first flag indicating whether the coding block is quad tree split; and
based on a value of the first flag indicating that the coding block is not quad tree split, encoding
a second flag indicating whether a split direction of the coding block is a vertical direction or a horizontal direction,
based on a value of the first flag indicating that the coding block is not quad tree split, encoding a second flag indicating whether a split direction of the coding block is a vertical direction or a horizontal direction,
wherein information on a maximum block size about binary tree split is encoded,
wherein information on a minimum block size about the quad tree split is signaled, and
wherein the encoding of the first flag is determined based on the maximum block size about the binary tree split.
wherein signaling of the first flag is determined based on the minimum block size about
the quad tree split.
Claim 5
Claim 5
wherein encoding the image information further
comprises: based on the value of the split flag being equal to 1, encoding a third flag indicating whether the coding block is binary tree split
wherein the encoding the image information further comprises: based on the value of the split flag being equal to 1, encoding a third flag indicating whether the coding block is binary tree split.
Claim 6
Claim 6
wherein current coding block is partitioned into one or more transform blocks
wherein the current coding block is partitioned into one or more transform blocks.
Claim 7
Claim 7
A transmission method for image data, the method comprising
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 obtaining a coding block by partitioning an image, determining a split type for the coding block based on a size of the coding block, deriving a current coding block split from the coding block based on the split type for the coding block, and encoding image information including information on the split type; and
obtaining a bitstream of encoded image information, wherein the encoded image
information is generated based on obtaining a coding block by partitioning an image, determining a split type for the coding block based on a size of the coding block, deriving a current coding block split from the coding block based on the split type for the coding block, and encoding image information including information on the split type; and
transmitting the image data comprising the bitstream,
transmitting the image data comprising the bitstream,
wherein encoding the image information comprises:
wherein the encoding the image information comprises:
based on a value of the split flag being equal to 1, encoding a first flag indicating whether the
coding block is quad tree split; and
encoding a split flag indicating whether the coding block is spilt; based on a value of the split flag being equal to 1, encoding a first flag indicating whether the coding block is quad tree split; and
based on a value of the first flag indicating that the coding block is not quad tree split, encoding
a second flag indicating whether a split direction of the coding block is a vertical direction or a horizontal direction
based on a value of the first flag indicating that the coding block is not quad tree split, encoding a second flag indicating whether a split direction of the coding block is a vertical direction or a horizontal direction,
wherein information on a maximum block size about binary tree split is encoded,
wherein information on a minimum block size about the quad tree split is signaled, and
wherein the encoding of the first flag is determined based on the maximum block size about the binary tree split
wherein signaling of the first flag is determined based on the minimum block size about the quad tree split.
Claim 8
Claim 8
wherein encoding the image information further
comprises:
wherein the encoding the image information further comprises:
based on the value of the split flag being equal to 1, encoding a third flag indicating whether the
coding block is binary tree split.
based on the value of the split flag being equal to 1, encoding a third flag indicating
whether the coding block is binary tree split.
Claim 9
Claim 9
wherein current coding block is partitioned into one or more transform blocks
wherein the current coding block is partitioned into one or more transform blocks.
Claim 1-9 are additionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 of U.S. Patent No. 11,128,861. Although the claims at issue are not identical, they are not patentably distinct from each other for similar reasons to those discussed above in regard to the claims of U.S. Application No. 18/909,095.
Claim 1-9 are additionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 12,143,577. Although the claims at issue are not identical, they are not patentably distinct from each other for similar reasons to those discussed above in regard to the claims of U.S. Application No. 18/909,095.
Allowable Subject Matter
Claims 1-6 are objected to as being rejected on the grounds of non-statutory double patenting but would be allowable if the double patenting rejections were to be overcome, such as through the filing of a Terminal disclaimer in compliance with 37 CFR 1.321(b).
The following is a statement of reasons for the indication of allowable subject matter: The prior art does not teach or suggest the combination of limitations presented in the independent claims, with specific regard to determining the split type for the coding block includes: (A) decoding a split flag indicating whether the coding block is split, (B) based on a value of the split flag being equal to 1, decoding a first flag indicating whether the coding block is quad tree split; and (C) based on a value of the first flag indicating that the coding block is not quad tree split, decoding a second flag indicating whether a split direction of the coding block is a vertical direction or a horizontal direction, as well as wherein information on a maximum block size about the quad tree split is signaled, and wherein signaling of the first flag is determined based on the maximum block size about the quad tree split.
The closest prior art of reference, Lee et al. (U.S. Publication No. 2014/0341276), discloses methods for encoding and decoding a video, obtaining a coding block by partitioning an image, and splitting the LCU until a specified split depth has been reached, i.e., the size range of the coding blocks are between the LCU and the split depth, which places them within a predetermined range. However, Lee does not expressly disclose determining a split type for the coding block based on whether the size of the coding block belongs to the predetermined range; deriving a current coding block split from the coding block based on the split type for the coding block: reconstructing the current coding block, wherein determining the split type for the coding block comprises: decoding a spit flag indicating whether the coding block is spilt: based on a value of the split flag being equal to 1, decoding a first flag indicating whether the coding block is quad tree spilt and based on a value of the first flag indicating that the coding block is not quad tree split, decoding a second flag indicating whether a split direction of the coding block isa vertical direction or a horizontal direction, as well as wherein information on a maximum block size about the quad tree split is signaled, and wherein signaling of the first flag is determined based on the maximum block size about the quad tree split.
The next closest prior art of reference, Wang et al. (U.S. Publication No. 2013/0039417), discloses that an LCU can be split into smaller blocks via quad tree split until a determined split depth. Additionally, Wang discloses that a CU can be portioned into PUs by various partition types, such as binary tree splitting. As such, the teachings of Wang describe that outside of the predetermined range in which quad tree split is performed, binary tree split can be performed. However, Wang does not expressly disclose that determining the split type for the coding block includes: (A) decoding a split flag indicating whether the coding block is split, (B) based on a value of the split flag being equal to 1, decoding a first flag indicating whether the coding block is quad tree split; and (C) based on a value of the first flag indicating that the coding block is not quad tree split, decoding a second flag indicating whether a split direction of the coding block is a vertical direction or a horizontal direction, as well as wherein information on a maximum block size about the quad tree split is signaled, and wherein signaling of the first flag is determined based on the maximum block size about the quad tree split.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled "Comments on Statement of Reasons for Allowance."
Conclusion
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/TYLER B. EDWARDS/
Examiner
Art Unit 2488
/SATH V PERUNGAVOOR/Supervisory Patent Examiner, Art Unit 2488
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