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 01/17/2025, 02/12/2025, 06/02/2025, 07/16/2025, 09/16/2026, 10/27/2025, 03/09/2026, 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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 of U.S. Patent No. 12,382,030. Although the claims at issue are not identical, they are not patentably distinct from each other:
Application No. 19/030,224
U.S. Patent No. 12,382,030
Claim 1
Claim 1
An image decoding method performed by an image decoding apparatus, the method
comprising:
An image decoding method performed by an image decoding apparatus, the method comprising:
obtaining, through a bitstream, image information comprising information on quantized transform coefficient levels;
obtaining, through a bitstream, image information comprising information on quantized transform coefficient levels;
deriving transform coefficients of a current block based on the information on quantized transform coefficient levels;
deriving transform coefficients of a current block based on the information on quantized transform coefficient levels;
determining a transform set for a secondary inverse-transform based on an intra prediction
mode of the current block;
determining a transform set for a secondary inverse-transform based on an intra prediction mode of the current block;
determining a transform kernel for the secondary inverse-transform based on the transform set and a size of the current block;
determining a transform kernel for the secondary inverse-transform based on the transform set and a size of the current block;
deriving modified transform coefficients by performing the secondary inverse-transform
based on the transform coefficients and the transform kernel for the secondary inverse-transform
deriving modified transform coefficients by performing the secondary inverse-transform based on the transform coefficients and the transform kernel for the secondary inverse-transform;
deriving a reconstructed residual signal by performing a primary inverse-transform based
on the modified transform coefficients; and
deriving a reconstructed residual signal by performing a primary inverse-transform based on the modified transform coefficients; and
generating a reconstructed current block based on the reconstructed residual signal,
generating a reconstructed current block based on the reconstructed residual signal,
wherein the secondary inverse-transform is a non-separable inverse-transform
wherein the secondary inverse-transform is a non-separable inverse-transform
wherein the transform set including plural transform kernel candidates is determined based
on the intra prediction mode of the current block wherein one of the plural transform kernel candidates in the transform set is determined as
the transform kernel for the secondary inverse-transform based on the size of the current block
and the transform set includes a plurality of transform kernel candidates for the non-separable inverse-transform, and wherein based on whether the intra prediction mode is a non-directional prediction mode, the transform kernel for the secondary inverse-transform is determined differently.
Claim 2
Claim 2
wherein a number of the plural transform kernel
candidates in the transform set is determined differently based on the size of the current block
wherein a number of the transform kernel candidates related to the transform set is determined differently based on the size of the current block.
Claim 3
Claim 3
An image encoding method performed by an image encoding apparatus, the method
comprising:
An image encoding method performed by an image encoding apparatus, the method comprising:
deriving a residual signal for a current block;
deriving a residual signal for a current block;
deriving transform coefficients by performing a primary transform based on the residual
signal;
deriving transform coefficients by performing a primary transform based on the residual
signal;
determining a transform set for a secondary transform based on an intra prediction mode of
the current block
determining a transform set for a secondary transform based on an intra prediction mode of the current block;
determining a transform kernel for the secondary transform based on the transform set and
a size of the current block
determining a transform kernel for the secondary transform based on the transform set and a size of the current block;
deriving modified transform coefficients by performing the secondary transform on the
transform coefficients based on the transform kernel for the secondary transform;
deriving modified transform coefficients by performing the secondary transform on the transform coefficients based on the transform kernel for the secondary transform;
deriving quantized transform coefficient levels based on the modified transform
coefficients; and
deriving quantized transform coefficient levels based on the modified transform
coefficients; and
encoding image information including information on the quantized transform coefficient
levels,
encoding image information including information on the quantized transform coefficient
levels,
wherein the secondary transform is a non-separable transform,
wherein the secondary transform is a non-separable transform,
wherein the transform set including plural transform kernel candidates is determined based
on the intra prediction mode of the current block wherein one of the plural transform kernel candidates in the transform set is determined as
the transform kernel for the secondary inverse-transform based on the size of the current block.
and the transform set includes a plurality of transform kernel candidates for the non-separable transform, and wherein based on whether the intra prediction mode is a non-directional prediction mode, the transform kernel for the secondary transform is determined differently
Claim 4
Claim 4
wherein a number of the plural transform kernel
candidates in the transform set is determined differently based on the size of the current block.
wherein a number of the transform kernel candidates related to the transform set is determined differently based on the size of the current block.
Claim 5
Claim 5
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 deriving a residual signal for a current block, deriving transform coefficients by performing a primary transform based on the residual signal, determining a transform set for a secondary transform based on an intra prediction mode of the current block, determining a transform kernel for the secondary transform based on the transform set and a size of the current block, deriving modified transform coefficients by performing the secondary transform based on the
transform coefficients and the transform kernel for the secondary transform, deriving quantized transform coefficient levels based on the modified transform coefficients, and encoding image
information including information on the quantized transform coefficient levels; and
obtaining a bitstream of encoded image information, wherein the encoded image information is generated based on deriving a residual signal for a current block, deriving transform coefficients by performing a primary transform based on the residual signal, determining a transform set for a secondary transform based on an intra prediction mode of the current block, determining a transform kernel for the secondary transform based on the transform set and a size of the current block, deriving modified transform coefficients by performing the secondary transform based on the transform coefficients and the transform kernel for the secondary transform, deriving quantized transform coefficient levels based on the modified transform coefficients, and encoding image information including information on the quantized transform coefficient levels;
transmitting the image data comprising the bitstream,
transmitting the image data comprising the bitstream,
wherein the secondary transform is a non-separable transform,
wherein the secondary transform is a non-separable transform
wherein the transform set including plural transform kernel candidates is determined based
on the intra prediction mode of the current block, wherein one of the plural transform kernel candidates in the transform set is determined as
the transform kernel for the secondary inverse-transform based on the size of the current block
the transform set includes a plurality of transform kernel candidates for the non-separable transform, and wherein based on whether the intra prediction mode is a non-directional prediction mode, the transform kernel for the secondary transform is determined differently.
Claim 6
Claim 4
wherein a number of the plural transform kernel candidates in the transform set is determined differently based on the size of the current block
wherein a number of the transform kernel candidates related to the transform set is determined differently based on the size of the current block.
Claims 1-6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 of U.S. Patent No. 12,143,575. Although the claims at issue are not identical, they are not patentably distinct from each other for similar reasons to those shown above in regard to the claims of U.S. Patent No. 12,382,030.
Claims 1-6 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-6 of copending Application No. 19/030,353 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of the copending application are substantially similar to the limitations of the claims of the instant application, with the addition of a single extra limitation regarding the first and second transform kernel being different.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-6 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-6 of copending Application No. 19/030,269 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of the copending application are substantially similar to the limitations of the claims of the instant application, with the addition of an extra limitation regarding the first and second transform kernel being different, and the kernel candidates are different.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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 an examiner's statement of reasons for allowance: The prior art does not teach or suggest the combination of limitations presented in the independent claims, with specific regard to determining a transform set for a secondary transform based on an intra prediction mode of the current block, determining a transform kernel for the secondary transform based on the transform set and a size of the current block, deriving modified transform coefficients by performing the secondary transform based on the transform coefficients and the transform kernel for the secondary transform.
The closest prior art of reference, Zhao et al. (U.S. Publication No. 2017/0094314), discloses an
apparatus for decoding video data that may determine whether an index of a Secondary transform is
signaled in the bitstream, applies a first inverse transform, and applies a second inverse transform to
generate a residual video block, in which the secondary inverse transform is a non-separable transform
and the primary inverse transform is a separable inverse transform. However, Zhao does not expressly
disclose determining a transform set for a Secondary transform based on an intra prediction mode of the
current block, determining a transform kernel for the secondary transform based on the transform set and
a size of the current block, deriving modified transform coefficients by performing the secondary transform
based on the transform coefficients and the transform kernel for the secondary transform.
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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYLER B EDWARDS whose telephone number is (571)272-2738. The examiner can normally be reached 9:00 am - 5:00 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, Sathyanarayanan Perungavoor can be reached at (571)272-7455. 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.
/TYLER B. EDWARDS/
Examiner
Art Unit 2488
/SATH V PERUNGAVOOR/Supervisory Patent Examiner, Art Unit 2488
Prosecution Insights