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 01/17/2025 are pending.
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).
Claims 1-4 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1, 2 and 4 of U.S. Patent No. 12,519,934; claims 1, 6 and 11 of U.S Patent No. 12,143,576 and claims 1-4 of U.S Patent Application No. 19/024733. 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 copending U.S patent application to meet the limitations claimed in the instant application. Table 1 shows comparison between the instant claims and the copending application claims.
This is a provisionally obviousness-type double patenting rejection because the conflicting claims have not in fact been patented.
Table 1: Comparison of claims in instant Application No. 19/027653 vs. U.S. Patent Nos. 12,519,934; 12,143,576 and U.S. Patent Application No. 19/024733
Appl. 19/027653
Appl. 18/888727 (US Pat. 12,519,934)
Appl. 18/222566 (US Pat. 12,143,576)
Appl. 19/024733
1. An image decoding method performed by an image decoding apparatus, the method comprising:
receiving partition information for a coding tree unit and size information;
partitioning a split target block in the coding tree unit into a plurality of coding units based on the partition information; and
performing intra prediction for each of the plurality of coding units,
wherein a partition type for the coding tree unit includes at least one of quad tree split, binary tree split and ternary tree split,
wherein the partition information includes quad tree split information for the quad tree split and multi-type tree split information for the binary tree split and the ternary tree split,
wherein the size information includes minimum size information of the quad tree split and information related to a minimum size of the binary tree split or a minimum size of the ternary tree split,
wherein based on a multi-type tree depth of the split target block being equal to a maximum multi-type tree depth, the split target block is not split into a binary tree,
wherein based on a multi-type tree depth of the split target block being equal to a maximum multi-type tree depth, the split target block is not split into a ternary tree,
wherein based on a size of the split target block being equal to the minimum size of the binary tree, the split target block is not split into the binary tree, and
wherein based on the size of the split target block being equal to two times as large as the minimum size of the ternary tree, the split target block is not split into the ternary tree.
1. An image decoding method performed by an image decoding apparatus, the method comprising: receiving partition information for a coding tree unit and size information;
partitioning a split target block in the coding tree unit into a plurality of coding units based on the partition information; and performing intra prediction for each of the plurality of coding units,
wherein a partition type for the coding tree unit includes at least one of quad tree split, binary tree split and ternary tree split,
wherein the partition information includes quad tree split information for the quad tree split and multi-type tree split information for the binary tree split and the ternary tree split,
wherein the size information includes minimum size information of the quad tree split, information related to a maximum size of the binary tree split, information related to a maximum size of the ternary tree split, and information related to a minimum size of the binary tree split or a minimum size of the ternary tree split,
wherein based on a size of the split target block being greater than the maximum size of a binary tree, the split target block is not split into the binary tree,
wherein based on a size of the split target block being greater than the maximum size of a ternary tree, the split target block is not split into the ternary tree,
wherein based on a size of the split target block being equal to the minimum size of the binary tree, the split target block is not split into the binary tree, and
wherein based on the size of the split target block being equal to two times as large as the minimum size of the ternary tree, the split target block is not split into the ternary tree.
1. An image decoding method performed by a decoding apparatus, the method comprising: receiving partition information for a coding tree unit and size information;
partitioning a split target block in the coding tree unit into a plurality of coding units based on the partition information; and performing intra prediction for each of the plurality of coding units,
wherein a partition type for the coding tree unit includes at least one of quad tree split, binary tree split and ternary tree split, wherein the partition information includes quad tree split information for the quad tree split and multi-type tree split information for the binary tree split and the ternary tree split, wherein the size information includes minimum size information of the quad tree split and information related to a maximum size of the binary tree split or a maximum size of the ternary tree split, wherein based on a size of the split target block being equal to a minimum size of binary tree, the split target block is not split into the binary tree, and wherein based on the size of the split target block being equal to two times as large as a minimum size of ternary tree, the split target block is not split into the ternary tree.
1. An image decoding method performed by an image decoding apparatus, the method comprising:
receiving partition information for a coding tree unit and size information;
partitioning a split target block in the coding tree unit into a plurality of coding units based on the partition information;
performing intra prediction for each of the plurality of coding units; and
generating a reconstructed picture based on the intra prediction,
wherein a partition type for the coding tree unit includes at least one of quad tree split, binary tree split and ternary tree split,
wherein the partition information includes quad tree split information for the quad tree split and multi-type tree split information for the binary tree split and the ternary tree split,
wherein the size information includes information related to a maximum size of the binary tree split and information related to a maximum size of the ternary tree split,
wherein based on a size of the split target block being greater than the maximum size of a binary tree, the split target block is not split into the binary tree,
wherein based on a size of the split target block being greater than the maximum size of a ternary tree, the split target block is not split into the ternary tree,
wherein based on a multi-type tree depth of the split target block being equal to a maximum multi-type tree depth, the split target block is not split into the binary tree, and
wherein based on a multi-type tree depth of the split target block being equal to a maximum multi-type tree depth, the split target block is not split into the ternary tree.
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)(2) as being anticipated by Yasugi et al. (“Yasugi”) [U.S Patent No. 11,722,664 B2]
Regarding claim 3, Yasugi meets the claim limitations as follows:
A non-transitory computer-readable recording-medium storing a bitstream which is generated by the image encoding method of claim 2 [Fig. 4, 5: encoding/decoding apparatus; col. 6, ll. 45-60: ‘a storage medium that records the coding stream Te, such as Digital Versatile Disc (DVD) and Blueray Disc (BD)’].
Note: To be given patentable weight, 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. Therefor 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 Yasugi which recites a storage medium (e.g. ‘DVD’ or ‘BD’) storing a bitstream.
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