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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Objections
Claims 1-2, and 4 are objected to because of the following informalities: Claims 1-2, and 4 recite the limitation, “… wherein the information related to the intra prediction mode includes index information specifies one of intra prediction modes in the MPM list..” should be amended to ” wherein the information related to the intra prediction mode includes index information that specifies one of the intra prediction modes in the MPM list” for grammatical correctness. Appropriate correction is required.
Further regarding claim 4, which recites “A method for transmitting for image data” should be amended to “A method for transmitting image data” for grammatical correctness.
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 1-4 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 4-5, and 9 of U.S. Patent No. 12,126,798 B2 (herein referenced as “Ko”) and in view of Kim et al., (U.S. Pub. No. 2021/0160487 A1).
As per claim 1, Koo teaches an image decoding method performed by an image decoding apparatus, the image decoding method comprising: receiving information related to an intra prediction mode (claim 4, “index information specifying any one of the intra prediction modes in the MPM list”); deriving a Most Probable Mode (MPM) list based on intra prediction modes of neighboring blocks adjacent to a current block (claim 1, “deriving a Most Probable Mode (MPM) list based on intra prediction modes of neighboring blocks adjacent to a current block”); deriving an intra prediction mode of the current block based on the MPM list and the information related to the intra prediction mode (claim 1, claim 4; “ wherein the intra prediction mode for the current block is derived based on index information specifying any one of the intra prediction modes in the MPM list”); performing intra prediction on the current block based on the intra prediction mode (claim 1, claim 4); wherein the information related to the intra prediction mode includes index information specifies one of intra prediction modes in the MPM list (claim 4, “wherein the intra prediction mode for the current block is derived based on index information specifying any one of the intra prediction modes in the MPM list”), wherein the MPM list comprises an intra prediction mode of a left block adjacent to the current block (claim 1, “ wherein the MPM list comprises an intra prediction mode of a left block adjacent to the current block”), an intra prediction mode of an upper block adjacent to the current block (claim 1, “an intra prediction mode of an upper block adjacent to the current block”), and two or more additional MPM candidates (claim 1, “and two or more additional MPM candidates”), wherein the two or more additional MPM candidates are derived based on a minimum value and a maximum value of (i) a mode value of the intra prediction mode of the left block and (ii) a mode value of the intra prediction mode of the upper block (claim 1, “wherein the two or more additional MPM candidates are derived based on a minimum value and a maximum value of (i) a mode value of the intra prediction mode of the left block and (ii) a mode value of the intra prediction mode of the upper block”), wherein the current block is divided into a plurality of sub-blocks (claim 1,” wherein the current block is divided into a plurality of sub-blocks”), wherein an intra prediction mode for the plurality of sub-blocks is derived based on the MPM list (claim 1, “and wherein an intra prediction mode for the plurality of sub-blocks is derived based on the MPM list”). Although Ko discloses performing intra prediction on the current block based on the MPM list (claim 1), Koo does not explicitly disclose performing intra prediction on the current block based on the intra prediction mode, and wherein the index information is decoded based on unary binarization.
However, Kim teaches wherein index information is decoded based on unary binarization ([0032],[0061], [0078], and at least claim 4 “… one of the six MPMs is indicated using a syntax element indicating a MPM index value (referred to as “mpm_index_jem” herein). In JEM, a truncated unary binarization process is specified by the syntax element indicate a MPM index value”).
Therefore, it would have been obvious to one of ordinary skill in the art o incorporate the teachings of Kim with Koo for the benefit of more efficiently performing intra prediction coding, overall coding efficiency may be improved, [0062].
As per claim 2, Ko teaches an image encoding method performed by an image encoding apparatus, the image encoding method comprising: deriving a Most Probable Mode (MPM) list based on intra prediction mode of neighboring blocks adjacent to a current block (claim 5, “deriving a Most Probable Mode (MPM) list based on intra prediction modes of neighboring blocks adjacent to a current block”) deriving an intra prediction mode of the current lock based on the MPM list (claim 8, “herein the intra prediction mode for the current block is derived based on index information specifying any one of the intra prediction modes in the MPM list”); performing intra prediction on the current block based on the intra prediction mode (claim 2 and claim 8); and encoding image information including informai5ton relate to an intra prediction mode (claim 5, claim 8,” and encoding image information including information related to the intra prediction mode ”), wherein the information related to the intra prediction mode includes index information specifies one of intra prediction modes in the MPM list (claim 8), wherein the MPM list comprises an intra prediction mode of left block adjacent to the current block, an intra prediction mode of an upper block adjacent to the current block, and two or more additional MPM candidates (claim 2, “wherein the MPM list comprises an intra prediction mode of a left block adjacent to the current block, an intra prediction mode of an upper block adjacent to the current block, and two or more additional MPM candidates”), wherein the two or more additional MPM candidates are derived based on a minimum value and a maximum value of (i) a mode value of the intra prediction mode of the left block and (ii) a mode value of the intra prediction mode of the upper block (claim 2, “wherein the two or more additional MPM candidates are derived based on a minimum value and a maximum value of (i) a mode value of the intra prediction mode of the left block and (ii) a mode value of the intra prediction mode of the upper block”), wherein the current block is divided into a plurality of sub-blocks (claim 2, “wherein the current block is divided into a plurality of sub-blocks”), wherein an intra prediction mode for the plurality of sub-blocks is derived based on the MPM list (claim 2, “wherein an intra prediction mode for the plurality of sub-blocks is derived based on the MPM list”). Ko does not explicitly disclose wherein the index information is encoded based on unary binarization.
However, Kim teaches wherein the index information is encoded based on unary binarization ([0032],[0061], [0078], and at least claim 4 “… one of the six MPMs is indicated using a syntax element indicating a MPM index value (referred to as “mpm_index_jem” herein). In JEM, a truncated unary binarization process is specified by the syntax element indicate a MPM index value”).
Therefore, it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Kim with Koo for the benefit of more efficiently performing intra prediction coding, overall coding efficiency may be improved, [0062].
Claim 3 of the instant application is the corresponding non-transitory computer-readable recording-medium storing a bitstream with the limitations of the method as recited in claim 2, thus the rejection and analysis made for claim 2 also applies here.
Claim 4 of the instant application is the corresponding method for transmitting for image data with the limitations of method as recited in claim 4, thus the rejection and analysis made for claim 2 also applies here. In addition, Claim 4 of the instant application corresponds to claim94 of U.S. Patent No. 12,126,798 B2.
Claims 1-4 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of copending Application No. 18/887748 (herein referenced as “Ko”) in view of Kim et al., (U.S. Pub. No. 2021/0160487 A1).
As per claim 1, Koo teaches an image decoding method performed by an image decoding apparatus, the image decoding method comprising: receiving information related to an intra prediction mode (claim 1, “receiving information related to an intra prediction mode”); deriving a Most Probable Mode (MPM) list based on intra prediction modes of neighboring blocks adjacent to a current mode (claim 1, “deriving a Most Probable Mode (MPM) list based on intra prediction modes of neighboring blocks adjacent to a current block”); and performing intra prediction on the current block based on the intra prediction mode (claim 1, “and performing intra prediction on the current block based on the MPM list and the information related to the intra prediction mode”), wherein the information related to the intra prediction mode of a left block adjacent to the current block, an intra prediction mode of an upper block adjacent to the current block, and two or more additional MPM candidates (claim 1, “wherein the MPM list comprises an intra prediction mode of a left block adjacent to the current block, an intra prediction mode of an upper block adjacent to the current block, and two or more additional MPM candidates”), wherein the two or more additional candidates are derived based on a minimum value and a maximum value of (i) a mode value of the intra prediction mode of the left block and (ii) a mode value of the intra prediction mode of the upper block (claim 1, “wherein the two or more additional MPM candidates are derived based on a minimum value and a maximum value of (i) a mode value of the intra prediction mode of the left block and (ii) a mode value of the intra prediction mode of the upper block”), wherein the current block is divided into a plurality of sun-blocks (claim 1, “wherein the current block is divided into a plurality of sub-blocks”), wherein an intra prediction mode for the plurality of sub-blocks is derived based on the MPM list (claim 1, “and wherein an intra prediction mode for the plurality of sub-blocks is derived based on the MPM list”). Ko does not explicitly disclose deriving an intra prediction mode of the current block based on the MPM list and the information related to the intra prediction mode, and wherein the index information is decoded based on unary binarization.
However, Kim teaches deriving an intra prediction mode of the current block based on the MPM list and the information related to the intra prediction mode (fig. 4), wherein the index information is decoded based on unary binarization ([0032],[0061], [0078], and at least claim 4 “… one of the six MPMs is indicated using a syntax element indicating a MPM index value (referred to as “mpm_index_jem” herein). In JEM, a truncated unary binarization process is specified by the syntax element indicate a MPM index value”).
As per claim 2, Ko teaches an image encoding method performed by an image encoding apparatus, the image encoding method comprising (claim 2): deriving a Most Probable Mode (MPM) list based on intra predic6tion modes of neighboring blocks adjacent to a current block (claim 2, “deriving a Most Probable Mode (MPM) list based on intra prediction modes of neighboring blocks adjacent to a current block”); deriving an intra prediction mode of the current block based on the MPM list (); performing intra prediction on the current block based on the intra prediction mode (claim 2, “performing intra prediction on the current block based on the MPM list”); and encoding image information including information related to an intra prediction mode (claim 2, “and encoding image information including information related to an intra prediction mode”), wherein the information related to the intra prediction mode includes index information specifies one of intra prediction modes int the MPM list (claim 2, “wherein the information related to the intra prediction mode includes index information specifies one of intra prediction modes in the MPM list”), wherein the MPM list comprises an intra prediction mode of a left block adjacent to the current block, and intra prediction mode of an upper block adjacent to the current block, and two or more additional MPM candidates (claim 2, “wherein the MPM list comprises an intra prediction mode of a left block adjacent to the current block, an intra prediction mode of an upper block adjacent to the current block, and two or more additional MPM candidates”), wherein the two or more additional MPM candidates are derived based on a minimum value and a maximum value of (i) a mode value of the intra prediction mode of the left5 block and (ii) a mode value of the intra prediction mode of the upper block (claim 2, “wherein the two or more additional MPM candidates are derived based on a minimum value and a maximum value of (i) a mode value of the intra prediction mode of the left block and (ii) a mode value of the intra prediction mode of the upper block”), wherein the current block is divided into a plurality of sub-blocks (claim 2, “wherein the current block is divided into a plurality of sub-blocks”), wherein an intra prediction mode for the plurality of sub-blocks is derived based on the MPM list (claim 2, “and wherein an intra prediction mode for the plurality of sub-blocks is derived based on the MPM list”). Ko does not explicitly disclose wherein the index information is encoded based on unary binarization.
However, Kim teaches wherein the index information is encoded based on unary binarization ([0032],[0061], [0078], and at least claim 4 “… one of the six MPMs is indicated using a syntax element indicating a MPM index value (referred to as “mpm_index_jem” herein). In JEM, a truncated unary binarization process is specified by the syntax element indicate a MPM index value”).
Therefore, it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Kim with Koo for the benefit of more efficiently performing intra prediction coding, overall coding efficiency may be improved, [0062].
As per claim 3, which is the corresponding non-transitory computer-readable recording-medium storing a bitstream generated by the image encoding method of claim 2, with the limitations of the image encoding method as recited in claim 2, thus the rejection and analysis made for claim 2 also applies here.
As per claim 4, which is the corresponding method for transmitting for image data with the limitations of encoding method as recited in claim 2, thus the rejection and analysis made for claim 2 also applies. In addition, claim 4 corresponds to claim 3 of co-pending Application No. 18/887748.
This is a provisional nonstatutory double patenting rejection.
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 (i.e., changing from AIA to pre-AIA ) 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(s) 3 is/are rejected under 35 U.S.C. 102(a as being (a2) by Kim et al., (U.S. Pub. No. 2021/0160487 A1).
Regarding claim 3, the recitation of “non-transitory computer-readable recording-medium storing a bitstream …” is a product by process claim limitation where the product is the bitstream and the process is the encoding method. MPEP 2113 recites “Product-by-Process claims are not limited to manipulations of the recited steps, only the structure implied by the steps”. Thus, the scope of the claim is the storage medium storing the bitstream (with the structure implied by the encoding steps). The structure includes the data in compressed form manipulated by the steps. “To be given patentable weight, the printed matter and associated product must be in a functional relationship. A functional relationship can be found where the printed matter performs some function with respect to the product to which it is associated”. MPEP 2111.05(I)(A). When a claimed “computer-readable medium merely serves as support for information or data no functional relationship exists. MPEP 2111.05(III). The storage medium storing the claimed bitstream in 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 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 claimed scope of claim 3 is just a storage medium storing data and is anticipated by Kim et al., (U.S. Pub. No. 2021/0160487 A1) where Kim teaches [0065], “.. storage devices may include any type of device or storage medium capable of storing data”).
Conclusion
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JESSICA PRINCE
Examiner
Art Unit 2486
/JESSICA M PRINCE/Primary Examiner, Art Unit 2486