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 .
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
US Patent 11,616,958 B2
Claims 1-4 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of US 11,616,958 B2 in view of Wang et al. (US 2013/0136175 A1) (hereinafter Wang).
Instant 19/026,989
US 11,616,958 B2
1. A method for decoding a coded data stream representative of at least one image, said image being split into blocks, wherein the method comprises the following acts performed by a decoding device, for at least one block of the image, referred to as a current block:
1. A method for decoding a coded data stream representative of at least one image, said image being split into blocks, wherein the method comprises the following acts performed by a decoding device, for at least one block of the image, referred to as the current block:
reading from the data stream a threshold value defining a block size,
determining whether a size of the current block is less than or equal to said threshold value,
determining whether a size of the current block is less than or equal to a predetermined threshold;
if the size of the current block is less than or equal to said threshold value, decoding an item of information indicating a coding mode of the current block among a first coding mode and a second coding mode and reconstructing the current block according to the coding mode indicated by the decoded item of information, and
if the size of the current block is less than or equal to the predetermined threshold, decoding an item of information indicating a coding mode of the current block among a first coding mode and a second coding mode and reconstructing the current block according to the coding mode indicated by the decoded item of information; and
if the size of the current block is greater than said threshold value, reconstructing the current block according to the first coding mode,
if the size of the current block is greater than the predetermined threshold, reconstructing the current block according to the first coding mode,
the first coding mode corresponding to a coding mode according to which the current block is reconstructed using an inverse transform of a transformed prediction residue decoded for the current block, and
in the first coding mode the current block is reconstructed using an inverse transform of a transformed prediction residue decoded for the current block; and
the second coding mode corresponding to a coding mode according to which the current block is not reconstructed using an inverse transform of a transformed prediction residue decoded for the current block, but by:
in the second coding mode the current block is reconstructed without using an inverse transform of a transformed prediction residue decoded for the current block, but by
scanning each pixel of the current block according to a scanning order, said scanning comprising, for said pixel of the current block:
scanning each pixel of the current block according to a scanning order, said scanning of each pixel of the pixel block comprising:
obtaining a prediction of said pixel from another previously decoded pixel, said other previously decoded pixel belonging to said current block or to a previously decoded block of the image, and
obtaining a prediction of said pixel from another previously decoded pixel, said other previously decoded pixel belonging to said current block or to a previously decoded block of the image; and
reconstructing said pixel from the prediction of said pixel obtained and a decoded prediction residue associated with said pixel,
reconstructing said pixel from the obtained prediction of said pixel and a decoded prediction residue associated with said pixel.
wherein the size of the current block corresponds to a greatest width of the current block.
Although the claims are not identical, they are not patentably distinct from each other because claim 1 of the instant application differs from claim 1 of US 11,616,958 B2 in that the instant application discloses the limitations of reading from the data stream a threshold value defining a block size; and wherein the size of the current block corresponds to a greatest width of the current block.
However, these limitations are known in the art as described in Wang, wherein in Paragraph [0065], syntax data within a bitstream may define a largest coding unit (LCU), which is a largest CU in terms of the number of pixels and thus is the greatest width of the current block. It would have been obvious to the person of ordinary skill in the art before the effective filing date of the claimed invention to modify claim 1 of US 11,616,958 B2 to incorporate LCU size thresholds within a bitstream as described in Wang, for decreasing encoded video bit rate and for reducing encoder complexity by reducing the number of intra-mode sets available for short distance intra-prediction (SDIP) partitions as Wang describes in Paragraph [0006].
Regarding claim 2, claim 2 in the instant application corresponds to claim 4 in US 11,616,958 B2.
Regarding claims (3-4), claim (3-4) are drawn to a method of coding a data stream having reciprocal limitations similar to the method of decoding a data stream of using the same as claimed in claim (1-2) treated in the above rejection. Therefore, method claim (3-4) corresponds to method claim (1-2) and is rejected for the same reasons of obviousness as used above.
US 12,244,815 B2
Claims 1-4 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of US 12,244,815 B2 in view of Wang et al. (US 2013/0136175 A1) (hereinafter Wang).
Instant 19/026,989
US 12,244,815 B2
1. A method for decoding a coded data stream representative of at least one image, said image being split into blocks, wherein the method comprises the following acts performed by a decoding device, for at least one block of the image, referred to as a current block:
1. A method for decoding a coded data stream representative of at least one image, said image being split into blocks, wherein the method comprises the following acts performed by a decoding device, for at least one block of the image, referred to as a current block:
reading from the data stream a threshold value defining a block size,
reading from the data stream a threshold value defining a block size,
determining whether a size of the current block is less than or equal to said threshold value,
determining whether a size of the current block is less than or equal to said threshold value,
if the size of the current block is less than or equal to said threshold value, decoding an item of information indicating a coding mode of the current block among a first coding mode and
if the size of the current block is less than or equal to said threshold value, decoding an item of information indicating a coding mode of the current block among a first coding mode and
a second coding mode and reconstructing the current block according to the coding mode indicated by the decoded item of information, and
a second coding mode and reconstructing the current block according to the coding mode indicated by the decoded item of information, and
if the size of the current block is greater than said threshold value, reconstructing the current block according to the first coding mode,
if the size of the current block is greater than said threshold value, reconstructing the current block according to the first coding mode,
the first coding mode corresponding to a coding mode according to which the current block is reconstructed using an inverse transform of a transformed prediction residue decoded for the current block, and the second coding mode corresponding to a coding mode according to which the current block is not reconstructed using an inverse transform of a transformed prediction residue decoded for the current block, but by:
the first coding mode corresponding to a coding mode according to which the current block is reconstructed using an inverse transform of a transformed prediction residue decoded for the current block, and the second coding mode corresponding to a coding mode according to which the current block is not reconstructed using an inverse transform of a transformed prediction residue decoded for the current block, but by:
scanning each pixel of the current block according to a scanning order, said scanning comprising, for said pixel of the current block:
scanning each pixel of the current block according to a scanning order, said scanning comprising, for said pixel of the current block:
obtaining a prediction of said pixel from another previously decoded pixel, said other previously decoded pixel belonging to said current block or to a previously decoded block of the image, and
obtaining a prediction of said pixel from another previously decoded pixel, said other previously decoded pixel belonging to said current block or to a previously decoded block of the image, and
reconstructing said pixel from the prediction of said pixel obtained and a decoded prediction residue associated with said pixel,
reconstructing said pixel from the prediction of said pixel obtained and a decoded prediction residue associated with said pixel.
wherein the size of the current block corresponds to a greatest width of the current block.
Although the claims are not identical, they are not patentably distinct from each other because claim 1 of the instant application differs from claim 1 of US 12,244,815 B2 in that the instant application discloses the limitations of wherein the size of the current block corresponds to a greatest width of the current block.
However, these limitations are known in the art as described in Wang, wherein in Paragraph [0065], syntax data within a bitstream may define a largest coding unit (LCU), which is a largest CU in terms of the number of pixels and thus is the greatest width of the current block. It would have been obvious to the person of ordinary skill in the art before the effective filing date of the claimed invention to modify claim 1 of US 11,616,958 B2 to incorporate LCU size thresholds within a bitstream as described in Wang, for decreasing encoded video bit rate and for reducing encoder complexity by reducing the number of intra-mode sets available for short distance intra-prediction (SDIP) partitions as Wang describes in Paragraph [0006].
Regarding claim 2, claim 2 in the instant application corresponds to claim 4 in US 12,244,815 B2.
Regarding claims (3-4), claim (3-4) are drawn to a method of coding a data stream having reciprocal limitations similar to the method of decoding a data stream of using the same as claimed in claim (1-2) treated in the above rejection. Therefore, method claim (3-4) corresponds to method claim (1-2) and is rejected for the same reasons of obviousness as used above.
This is a nonstatutory double patenting rejection.
Allowable Subject Matter
Claims 1-4 would be allowable over prior art upon overcoming the Double Patenting rejection of the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL CHANG whose telephone number is (571)272-5707. The examiner can normally be reached M-Sa, 12PM - 10 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Czekaj can be reached at 571-272-7327. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DANIEL CHANG/Primary Examiner, Art Unit 2487