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 § 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 1-5 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 of U.S. Patent No. 12,244,842. Although the claims at issue are not identical, they are not patentably distinct from each other because the only difference in the claim limitations is the preamble, and a small narrowing in how the MTS index is configured.
Application No. 19/037,983
U.S. Patent No. 12,244,862
Claim 1
Claim 1
A method, comprising:
An image decoding method performed by a decoding apparatus, comprising:
receiving residual information from a bitstream;
receiving residual information from a bitstream;
deriving transform coefficients for a current block based on the residual information;
deriving transform coefficients for a current block based on the residual information;
deriving residual samples from the transform coefficients based on multiple transform
selection (MTS); and
deriving residual samples from the transform coefficients based on multiple transform selection (MTS); and
generating a reconstructed picture based on the residual samples,
generating a reconstructed picture based on the residual samples,
wherein whether to parse an MTS index related to an MTS kernel is determined based on a first variable indicating whether zero-out for the MTS is performed,
wherein whether to parse an MTS index related to an MTS kernel is determined based on a first variable indicating whether zero-out for the MTS is performed,
wherein the first variable is set to an initial value equal to 1 in a coding unit syntax,
wherein the first variable is set to an initial value equal to 1 in a coding unit syntax,
wherein, in response to a case where at least one non-zero transform coefficient is present in a region other than a top-left 16×16 region within the current block and a color index of the current block indicates a luma component, the first variable is changed to 0 in a residual coding syntax, and
wherein, in response to a case where at least one non-zero transform coefficient is present in a region other than a top-left 16×16 region within the current block and a color index of the current block indicates a luma component, the first variable is changed to 0 in a residual coding syntax, and
wherein the MTS index is parsed from the coding unit syntax based on the first variable being equal to 1.
wherein the MTS index is configured in the coding unit syntax.
Claim 2
Claim 2
wherein the MTS index is parsed based on a flag
related to whether a non-zero transform coefficient for the luma component of the current
block is present, and
wherein the MTS index is parsed based on a flag value related to whether a transform coefficient for the luma component of the current block is present, and
wherein based on a value of the flag being 0, the MTS index is not parsed.
wherein based on the flag value being 0, the MTS index is not parsed.
Claim 3
Claim 3
A method, comprising:
An image encoding method performed by an image encoding apparatus, comprising:
deriving prediction samples for a current block;
deriving prediction samples for a current block;
deriving residual samples for the current block based on the prediction samples;
deriving residual samples for the current block based on the prediction samples;
deriving transform coefficients for the current block from the residual samples based on multiple transform selection (MTS); and
deriving transform coefficients for the current block from the residual samples based on multiple transform selection (MTS); and
encoding an MTS index related to an MTS kernel,
encoding an MTS index related to an MTS kernel,
wherein whether to encode the MTS index is determined based on a first variable indicating whether zero-out for the MTS is performed,
wherein whether to encode the MTS index is determined based on a first variable indicating whether zero-out for the MTS is performed,
wherein the first variable is set to an initial value equal to 1 in a coding unit syntax,
wherein the first variable is set to an initial value equal to 1 in a coding unit syntax,
wherein, in response to a case where at least one non-zero transform coefficient is present in a region other than a top-left 16x 16 region within the current block and a color index of the current block indicates a luma component, the first variable is changed to 0 in a residual coding syntax, and
wherein, in response to a case where at least one non-zero transform coefficient is present in a region other than a top-left 16×16 region within the current block and a color index of the current block indicates a luma component, the first variable is changed to 0 in a residual coding syntax, and
wherein the MTS index is encoded in the coding unit syntax based on the first variable being equal to 1.
wherein the MTS index is configured in the coding unit syntax.
Claim 4
Claim 4
encoding a flag related to whether a non-zero transform coefficient for the luma
component of the current block is present,
further comprises encoding a flag related to whether a transform coefficient for the luma component of the current block is present,
wherein the MTS index is encoded based on a value of the flag, and
wherein the MTS index is encoded based on a value of the flag, and
wherein based on the value of the flag being 0, the MTS index is not encoded.
wherein based on the value of the flag being 0, the MTS index is not encoded.
Claim 5
Claim 5
A non-transitory computer-readable digital storage medium that stores a bitstream generated by a method, the method comprising:
A non-transitory computer-readable digital storage medium that stores a bitstream generated by a method, the method comprising:
deriving prediction samples for a current block;
deriving prediction samples for a current block;
deriving residual samples for the current block based on the prediction samples;
deriving residual samples for the current block based on the prediction samples;
deriving transform coefficients for the current block from the residual samples based
on multiple transform selection (MTS); and
deriving transform coefficients for the current block from the residual samples based on multiple transform selection (MTS); and
encoding an MTS index related to an MTS kernel to generate the bitstream,
encoding an MTS index related to an MTS kernel to generate the bitstream,
wherein whether to encode the MTS index is determined based on a first variable indicating whether zero-out for the MTS is performed,
wherein whether to encode the MTS index is determined based on a first variable indicating whether zero-out for the MTS is performed,
wherein the first variable is set to an initial value equal to 1 in a coding unit syntax,
wherein the first variable is set to an initial value equal to 1 in a coding unit syntax,
wherein, in response to a case where at least one non-zero transform coefficient is present in a region other than a top-left 16x 16 region within the current block and a color index of the current block indicates a luma component, the first variable is changed to 0 in a residual coding syntax, and
wherein, in response to a case where at least one non-zero transform coefficient is present in a region other than a top-left 16×16 region within the current block and a color index of the current block indicates a luma component, the first variable is changed to 0 in a residual coding syntax, and
wherein the MTS index is encoded in the coding unit syntax based on the first variable being equal to 1.
wherein the MTS index is configured in the coding unit syntax.
Claim Rejections - 35 USC § 102
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)(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 5 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Nalci et al. (U.S. Publication No. 2020/0396487), hereinafter referred to as Nalci.
In regard to claim 5, this claim is applying product-by-process type claim language, where the bitstream is being described as a product that is the result of the encoding method process. The method steps are not required elements of the CRM because they only describe the scope of the product, which in this claim is the bitstream. The contents of the bitstream, defined by how the bitstream was generated, only describe the content of the information in the bitstream and as a result are descriptive language. See MPEP §2111.05. The bitstream has no functional relationship with the claimed non-transitory computer-readable storage medium. The claim scope (in light of the specification) describes the relationship of the contents of the bitstream in terms of how video content can be encoded into a bitstream, however there is no functional relationship between the contents of the information in the bitstream and the storage of that bitstream of the medium.
As such, Nalci teaches a non-transitory computer-readable digital storage medium that stores a bitstream generated by a method (Nalci paragraph 42 noting Video encoder 200 may generate a bitstream including encoded video data. Source device 102 may then output the encoded video data via output interface 108 onto computer-readable medium 110; and Nalci paragraphs 45-46).
Allowable Subject Matter
Claims 1-4 are objected to as being rejected on the grounds of non-statutory double patenting, but would be in condition for allowance 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 a statement of reasons for the indication of allowable subject matter: The prior art does not teach or suggest wherein whether to parse an MTS index related to an MTS kernel is determined based on a first variable indicating whether zero-out for the MTS is performed, wherein the first variable is set to an initial value equal to 1 in a coding unit syntax, wherein, in response to a case where at least one non-zero transform coefficient is present in a region other than a top-left 16x 16 region within the current block and a color index of the current block indicates a luma component, the first variable is changed to 0 in a residual coding syntax, and wherein the MTS index is parsed from the coding unit syntax based on the first variable being equal to 1.
The closest prior art of reference, Bross et al. "Versatile Video Coding (Draft 6)," JVET-02001-VvE, Joint Video Experts Team (JVET) of ITU-T SG 16 WP 3 and ISO/IEC JTC 1/SC 29/WG 11, 15th Meeting: Gothenburg, SE, 31 July 2019, pages 1-439, discloses parsing residual coding syntax and performing residual coding to acquire an array of transform coefficients, and disclosing a transformation process for scaled transform coefficients to output a processed reconstructed picture. However, Bross does not expressly disclose wherein whether to parse an MTS index related to an MTS kernel is determined based on a first variable indicating whether zero-out for the MTS is performed, wherein the first variable is set to an initial value equal to 1 in a coding unit syntax, wherein, in response to a case where at least one non-zero transform coefficient is present in a region other than a top-left 16x 16 region within the current block and a color index of the current block indicates a luma component, the first variable is changed to 0 in a residual coding syntax, and wherein the MTS index is parsed from the coding unit syntax based on the first variable being equal to 1.
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