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 .
Detailed Action
Response to Amendment
This Office Action is in response to the correspondence on 05/19/2026. Applicant’s argument, filed on 05/19/2026 has been entered and carefully considered. Claims 1-20 are pending.
The application filed on 01/23/2025 is a CON of 18/349,988 07/11/2023 (PAT 12238289), which is a CON of 17/686,585 03/04/2022 (PAT 11736695), which is a CON of 17/319,098 05/13/2021 (PAT 11317091), which is a CON of PCT/CN2020/110914 08/24/2020. Claimed foreign priority to PCTEP2019072643 08/23/2019, PCTRU2019000639 09/16/2019, and PCTEP2019077057 10/07/2019. The certified copy of priority has been filed on 05/24/2025.
Response to Arguments
Applicant’s arguments in the 05/19/2026 Remarks have been fully considered but they are not persuasive because of the following:
Regarding claims, on page 2-6 argues “decision”, “variable (tC)”, “mapping table”, “Average”, etc.. While the applicant’s argument points are understood, the examiner respectfully disagrees it is because ‘289 teaches (MPEP 804, "The public should ….. be able to act on the assumption that upon the expiration of the patent it will be free to use not only the invention claimed in the patent but also modifications or variants which would have been obvious to those of ordinary skill in the art at the time the invention was made, taking into account the skill in the art and prior art other than the invention claimed in the issued patent", the steps, 1. Do A -> 2.Decision -> 3. Do B, is same as 1. Do A -> 2. Do B, if the “decision” step is flow through or does not bear any specific meaning; the “variable (tC)” makes ‘289 narrower than the broader current claim; the “mapping table” and “averaging the first chroma …. the second chroma”, the differences are obvious to the ordinary skill in the art, Hunleth, US 20120307151 A1, [0033], for two chroma combinations, average is the most common, so, modifications or variants of ‘289 are obvious to the ordinary skill in the art, so, the rejections is maintained).
Therefore, the rejection is maintained.
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.
Claims 1, 11, 20 and similar dependent claims are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of Conflicting Patent PAT US 12,238,289 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is anticipated by the Conflicting Patent and is covered by the Patent since the Patent and the application are claiming common subject matter, below is a list of limitations that perform the same function, however, different terminology may be used in both sets to describe the limitations, as follows, Claim 1 is used as an example to analyze the common subject matter:
Conflicting Patent No. US 12,238,289 B2
Instant Application:-19/034,636
1. A deblocking method for deblocking a chroma block edge between a first chroma block of a first image block and a second chroma block of a second image block in image encoding or image decoding, comprising: performing a decision process for the chroma block edge; and performing a filtering process for the chroma block edge at least based on a value of a variable (t.sub.C) used for the decision process; wherein the decision process comprises: determining a first chroma quantization parameter (Qp.sub.Cp) for the first chroma block, wherein the first chroma quantization parameter (QpCp) is determined based on a first luma quantization parameter (Qp.sub.YP) of a first luma block of the first image block and a chroma quantization parameter (QP) mapping table for the first chroma block; determining a second chroma quantization parameter (Qp.sub.Cq) for the second chroma block, wherein the second chroma quantization parameter (Qp.sub.Cq) is determined based on a second luma quantization parameter (Qp.sub.YQ) of a second luma block of the second image block and a chroma QP mapping table for the second chroma block; and determining a third chroma quantization parameter (Qp.sub.C) based on the first chroma quantization parameter (Qp.sub.Cp) for the first chroma block and the second chroma quantization parameter (Qp.sub.Cq) for the second chroma block, wherein a value of a threshold variable (t.sub.C′) is determined based on the third chroma quantization parameter (Qp.sub.C) using a mapping table, and the value of the variable (t.sub.C) is derived based on the value of the threshold variable (t.sub.C′); and wherein at least one of the first chroma block and the second chroma block is a Joint Cb-Cr residual (JCCR) coded block.
2. The deblocking method of claim 1, wherein the first chroma block is a Joint Cb-Cr residual (JCCR) coded block of the first image block, and the second chroma block is a Joint Cb-Cr residual (JCCR) coded block of the second image block.
3. The deblocking method of claim 1, wherein the first chroma block is a Joint Cb-Cr residual (JCCR) coded block of the first image block, and the second chroma block is a first chroma (Cb) component or a second chroma (Cr) component of the second image block.
4. The deblocking method of claim 1, wherein the first chroma block is a first chroma component or a second chroma component of the first image block, and the second chroma block is a Joint Cb-Cr residual (JCCR) coded block of the second image block.
5. The deblocking method of claim 1, wherein the chroma quantization parameter (QP) mapping table for the first chroma block comprises at least one of: a first chroma QP mapping table for a joint Cb-Cr coded block, a second chroma QP mapping table for a first chroma component, or a third chroma QP mapping table for a second chroma component.
6. The deblocking method of claim 1, wherein the chroma quantization parameter (QP) mapping table for the second chroma block comprises at least one of: a first chroma QP mapping table for a joint Cb-Cr coded block, a second chroma QP mapping table for a first chroma component, or a third chroma QP mapping table for a second chroma component.
7. The deblocking method of claim 5, wherein the first chroma QP mapping table, the second chroma QP mapping table and the third chroma QP mapping table are indicated or indexed by a first index value, a second index value and a third index value, respectively.
10. The deblocking method of claim 1, wherein the joint Cb-Cr coded block is coded using a JCCR mode and the JCCR mode is a second mode of a set of available JCCR modes.
11. The deblocking method of claim 1, wherein the first image block and the second image block are transform blocks or the first image block and the second image block are coding blocks.
1. (Currently Amended) A deblocking method for deblocking a chroma block edge between a first chroma block of a first image block and a second chroma block of a second image block in an image encoding or decoding, comprising: performing a decision process for the chroma block edge, to obtain a decision result of the decision process; and performing a filtering process for the chroma block edge based on the decision result of the decision process, wherein the decision process involves using third chroma quantization parameter (Qpc);wherein the decision process comprises: determining a first chroma quantization parameter (Qpcp) for the first chroma block, based on a first luma quantization parameter (QpyP) of a first luma block of the first image block and a chroma quantization parameter (QP) mapping table for the first chroma block, wherein the chroma QP mapping table for the first chroma block is a first chroma QP mapping table for a Joint Cb-Cr residual;(JCCR)I coded block when the first chroma block is the JCCR coded block of the first image block, or the chroma QP mapping table for the first chroma block is a second chroma QP mapping table for a first chroma component (Cb) when the first chroma block is the first chroma component (Cb) of the first image block, or the chroma QP mapping table for the first chroma block is a third chroma QP mapping table for a second chroma component (Cr) when the first chroma block is the second chroma component (Cr) of the first image block; determining a second chroma quantization parameter (Qpcq) for the second chroma block, based ona second luma quantization parameter (QpYQ) of a second luma block of the second image block and a chroma QP mapping table for the second chroma block, wherein the chroma QP mapping table for the second chroma block is a first chroma QP mapping table for a JCCR; coded block when the second chroma block is the JCCR coded block of the second image block, or the chroma QP mapping table for the second chroma block is a second chroma QP mapping table for a first chroma component (Cb) when the second chroma block is the first chroma component (Cb) of the second image block, or the chroma QP mapping table for the second chroma block is a third chroma QP mapping table for a second chroma component (Cr) when the second chroma block is the second chroma component (Cr) of the second image block; determining the third chroma quantization parameter (Qpc) by averaging the first chroma quantization parameter (Qpcp) for the first chroma block and the second chroma quantization parameter (Qpcq) for the second chroma block; wherein the third chroma quantization parameter Qpc is used for the decision process for the chroma block edge; and wherein at least one of the first chroma block and the second chroma block is a, JCCR- coded block.
As demonstrated, the claim of US patent US 12,238,289 B2 anticipate the features of the claim of instant application 19/034,636. Similar rejections could be presented for US patent US 11,317,091 B2 and US 11,736,695 B2.
A nonstatutory type (35 U.S.C. 101) double patenting rejection can be overcome by amending the conflicting claims so they are no longer coextensive in scope or filing of a terminal disclaimer.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMAD J RAHMAN whose telephone number is (571)270-7190. The examiner can normally be reached Monday-Friday 9AM-5PM.
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/Mohammad J Rahman/Primary Examiner, Art Unit 2487
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