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
Claims 1-4 filed on 01/16/2025 are pending.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 2 and 4 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The claim limitation “a color format” in the phrase “wherein the downsampled luma samples are derived based on a color format of the current chroma block” is not found to be explicitly described or disclosed in the Specification. Furthermore, the derivation of “downsampled luma samples” based on “a color format” is not explicitly described or disclosed in the Specification.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 2 and 4 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Since the claim limitation “a color format” and the “downsampled luma samples are derived” in the phrase “wherein the downsampled luma samples are derived based on a color format of the current chroma block” is not explicitly described or disclosed in the Specification. The scope of the limitations are not determined.
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 obviousness-type 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); 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 conflicting 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.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claim 1 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of U.S Patent No. 12,149,685 and U.S Patent Application Nos. 18/88985 and 18/909156. Although the conflicting claims are not identical, they are not patentably distinct from each other because the instant claims are similar to the claims in the U.S patent(s) or copending application(s) to meet the limitations claimed in the U.S patent(s) or copending application(s). Table 1 shows comparison between the instant claims and the U.S patent or the copending application claims.
This is a non-provisionally obviousness-type double patenting rejection because the conflicting claims have in fact been patented.
Table 1: Comparison of claims in instant Application No. 19/025680 vs. Patent Application No. 18/889855; U.S Patent Nos. 12,149,685 (Application No. 18/223115) and Application No. 18/909156
Appl. 19/025680
Appl. 18/889855
Appl. 18/223115 (US 12,149,685)
Appl. 18/909156
1. An image decoding method performed by an image decoding apparatus, the image decoding method comprising:
deriving an intra prediction mode of a current chroma block;
selecting one or more luma reference sample lines for a current luma block corresponding to a current chroma block based on the intra prediction mode of the current chroma block being inter-component intra prediction mode;
deriving downsampled luma samples of the current luma block;
deriving downsampled luma reference samples based on the luma reference sample lines;
deriving chroma reference samples for the current chroma block;
deriving prediction parameters for inter-component intra prediction using the downsampled luma reference samples and the chroma reference samples; and
generating a prediction block by performing the inter-component intra prediction for the current chroma block based on the current luma block and the prediction parameters,
wherein the downsampled luma samples are derived based on a color format of the current chroma block,
wherein based on an upper boundary of the current luma block corresponding to an upper boundary of a coding tree block, one upper reference sample line adjacent to the current luma block is selected and three left reference sample lines neighboring of the current luma block are selected,
wherein an upper downsampled luma reference sample for prediction parameters is derived based on three reference samples selected from the one upper reference sample line,
wherein a left downsampled luma reference sample for the prediction parameters is derived based on six reference samples selected from the three left reference sample lines,
wherein the chroma reference samples include an upper chroma reference sample and a left chroma reference sample, and
wherein the prediction parameters are derived by using the upper downsampled luma reference sample derived based on the three reference samples, the left downsampled luma reference sample derived based on the six reference samples, the upper chroma reference sample and the left chroma reference sample.
1. An image decoding method performed by an image decoding apparatus, the image decoding method comprising:
deriving an intra prediction mode of a current chroma block;
selecting one or more luma reference sample lines for a current luma block corresponding to a current chroma block based on the intra prediction mode of the current chroma block being inter-component intra prediction mode;
deriving downsampled luma reference samples based on the luma reference sample lines;
deriving chroma reference samples for the current chroma block;
deriving prediction parameters for inter-component intra prediction using the downsampled luma reference samples and the chroma reference samples; and
generating a prediction block by performing the inter-component intra prediction for the current chroma block based on the current luma block and the prediction parameters,
wherein, in deriving the intra prediction mode of the current chroma block,
whether to apply the inter-component intra prediction mode on the current chroma block is determined based on at least one of a size of the current chroma block or a shape of the current chroma block,
wherein based on an upper boundary of the current luma block corresponding to an upper boundary of a coding tree block, one upper reference sample line adjacent to the current luma block is selected and three left reference sample lines neighboring of the current luma block are selected,
wherein an upper downsampled luma reference sample for prediction parameters is derived based on three reference samples selected from the one upper reference sample line,
wherein a left downsampled luma reference sample for the prediction parameters is derived based on six reference samples selected from the three left reference sample lines,
wherein the chroma reference samples include an upper chroma reference sample and a left chroma reference sample, and
wherein the prediction parameters are derived by using the upper downsampled luma reference sample derived based on the three reference samples, the left downsampled luma reference sample derived based on the six reference samples, the upper chroma reference sample and the left chroma reference sample.
1. An image decoding method performed by an image decoding apparatus, the image decoding method comprising:
deriving an intra prediction mode of a current chroma block;
selecting one or more luma reference sample lines for a current luma block corresponding to a current chroma block based on the intra prediction mode of the current chroma block being inter-component intra prediction mode;
deriving downsampled luma reference samples based on the luma reference sample lines;
deriving chroma reference samples for the current chroma block;
deriving prediction parameters for inter-component intra prediction using the downsampled luma reference samples and the chroma reference samples; and
generating a prediction block by performing the inter-component intra prediction for the current chroma block based on the current luma block and the prediction parameters,
wherein based on an upper boundary of the current luma block corresponding to an upper boundary of a coding tree block, one upper reference sample line adjacent to the current luma block is selected and three left reference sample lines neighboring of the current luma block are selected,
wherein an upper downsampled luma reference sample for prediction parameters is derived based on three reference samples selected from the one upper reference sample line,
wherein a left downsampled luma reference sample for the prediction parameters is derived based on six reference samples selected from the three left reference sample lines,
wherein the chroma reference samples include an upper chroma reference sample and a left chroma reference sample, and
wherein the prediction parameters are derived by using the upper downsampled luma reference sample derived based on the three reference samples, the left downsampled luma reference sample derived based on the six reference samples, the upper chroma reference sample and the left chroma reference sample.
1. An image decoding method comprising:
deriving an intra prediction mode of a current chroma block;
selecting one or more luma reference sample lines for a current luma block from a plurality of luma reference sample lines neighboring the current luma block based on that the intra prediction mode of the current chroma block is an inter color component prediction mode, wherein the current luma block corresponds to the current chroma block;
deriving luma reference samples in the selected one or more luma reference sample line;
deriving downsampled luma reference samples based on the derived luma reference samples;
deriving chroma reference samples used for intra prediction of the current chroma block in a chroma reference sample line neighboring the current chroma block; and
generating a predicted block for the current chroma block based on the downsampled luma reference samples and the chroma reference samples according to the inter color component prediction mode,
wherein in deriving the intra prediction mode of the current chroma block, whether to apply the inter color component prediction mode on the current chroma block is determined based on at least one of a size of the current chroma block, a shape of the current chroma block, and a coding parameter of the current chroma block, wherein the downsampled luma reference samples include a left downsampled luma reference sample and an upper downsampled luma reference sample, and wherein based on that an upper boundary of the current luma block overlaps with a boundary of a coding tree unit (CTU), the left downsampled luma reference sample is derived by using six luma reference samples in three left luma reference sample lines and the upper downsampled luma reference sample is derived by using three luma reference samples in one upper luma reference sample line.
Regarding claim 1 rejected on the ground of nonstatutory obviousness-type double patenting, claim 1 of U.S Patent No. 12,149,685 and U.S Patent Application No. 18/889855 and 18/909156 does not disclose explicitly the following limitation:
wherein the downsampled luma samples are derived based on a color format of the current chroma block.
However in the same field of endeavor, Lei et al. (“Lei”) [US 2014/0355667 A1] discloses
the luma pixel are downsampled for a chroma sampling format [para. 0018: For the ‘4:2:0’ …, the luma pixels are downsampled] to teach the “wherein the downsampled luma samples are derived based on a color format of the current chroma block”.
Lee and Lei are combinable because they are from the same field of video compression.
It would have been obvious to one with ordinary skill in the art before the effective filling date of the claimed invention to combine teachings of Lee and Lei as motivation to down-sample luma samples for the prediction process of chroma LM mode because Winger [US 2008/0130754 A1] discloses “block DC artifacts may be much more visually annoying in chroma than in luma and sub-sampling the luma generally saves twice as much memory as sub-sampling the chroma (for the 4:2:0 format), only the luminance component of the reference frames were downsampled”.
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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(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 3 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lei et al. (“Lei”) [US 2014/0355667 A1]
Regarding claim 3, Lei meets the claim limitations as follows:
A non-transitory computer-readable recording-medium storing a bitstream (i.e. ‘The reconstructed luma pixels’) [para. 0036: ‘The reconstructed luma pixels may be retrieved from storage such as a computer memory of buffer (RAM or DRAM)’] which is generated by the image encoding method of claim 2.
Note: To be given patentable weight to the “image encoding method of claim 2”, the recording medium and the bitstream (i.e. descriptive material) must be in a functional relationship. A functional relationship can be found where the descriptive material performs some function with respect to the recording medium to which it is associated. See MPEP §2111.05(I)(A). When a claimed “computer-readable medium” merely serves as a support for information or data, no functional relationship exists”. MPEP §2111.05(III). The storage medium storing the claimed bitstream in claim 3 merely services as a support for the storage of the bitstream and provides no functional relationship between the stored bitstream and storage medium. Therefore the structure of the bitstream, which scope is implied by the method steps, is non-functional descriptive material and given no patentable weight. MPEP §2111.05(III).
Thus, the claim scope is just a storage medium storing data and is anticipated by reference Lei which recites a storage medium storing a bitstream (i.e. ‘The reconstructed luma pixels’).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form 892.
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/PETER D LE/
Primary Examiner, Art Unit 2488