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 .
Status of the Application
Claims 1-3 are currently pending in this application.
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 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 9, and 18 of U.S. Patent No. 11,695,942 in view of LEE et al. (Hereafter, “Lee”) [US 2020/0162729 A1] in further view of DENG et al. (Hereafter, “Deng”) [US 2022/0030257 A1]. Although the claims at issue are not identical, they are not patentably distinct from each other because they cover mutually associated subject matter. Thus, a terminal disclaimer is required. An analysis of the claims can be seen in Table 1 below.
Table 1: Instant Application No. 19/039,060 vs. U.S. Patent No. 11,695,942
Instant Application No. 19/039,060 Claims (Difference Emphasis Added)
U.S. Patent No. 11,695,942 Claims (Difference Emphasis Added)
1. An apparatus for decoding image information, the apparatus comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to: obtain the image information including luma mapping with chroma scaling (LMCS) related information, prediction related information, and residual information from a bitstream; derive LMCS codewords based on the LMCS related information; determine an inter prediction mode as a prediction mode of a current block in a current picture based on the prediction related information; generate prediction chroma samples for the current block based on the prediction mode; derive transform coefficients for the current block based on the residual information; generate residual chroma samples for the current block based on the transform coefficients; derive a chroma residual scaling factor for luma dependent chroma residual scaling based on the LMCS codewords and luma samples; and generate reconstructed chroma samples for the current block based on the chroma residual scaling factor, wherein the LMCS related information includes information on bins and information on the LMCS codewords, wherein a minimum bin index and a maximum bin index are derived based on the information on the bins, wherein the LMCS codewords are derived based on the information on the LMCS codewords, wherein the image information includes information on an absolute value of a chroma residual scaling delta value and information on a sign of the chroma residual scaling delta value, and wherein the chroma residual scaling factor is derived based on the LMCS codewords, the information on the absolute value of the chroma residual scaling delta value and the information on the sign of the chroma residual scaling delta value.
1. An image decoding method performed by a decoding apparatus, the method comprising: obtaining image information including luma mapping with chroma scaling (LMCS) related information, prediction related information, and residual information from a bitstream; deriving LMCS codewords based on the LMCS related information; generating prediction chroma samples based on the prediction related information; generating residual chroma samples based on the residual information; deriving a chroma residual scaling factor for luma dependent chroma residual scaling based on the LMCS codewords and luma samples; and generating reconstructed chroma samples based on the chroma residual scaling factor, wherein the LMCS related information includes information on bins and information on the LMCS codewords, wherein a minimum bin index and a maximum bin index are derived based on the information on the bins, wherein the LMCS codewords are derived based on the information on the LMCS codewords, wherein the image information includes information on an absolute value of a chroma residual scaling delta value and information on a sign of the chroma residual scaling delta value, and wherein the chroma residual scaling factor is derived based on the LMCS codewords, the information on the absolute value of the chroma residual scaling delta value and the information on the sign of the chroma residual scaling delta value.
Claim 2 is the same as claim 1 but in encoding form.
Claim 9 is the same as claim 1 but in encoding form.
Claim 3 is the same as claim 1 but in apparatus for transmitting data form.
Claim 18 is the same as claim 1 but in transmission method of data form.
Regarding the method and apparatus claims, they are obvious variants of each other. In fact, neither can work without the other.
Some of the differences in the claim limitations in the U.S. Patent are narrower than the instant application, and thus it would have been obvious to make the claim limitations in the instant application broader by removing the specific language found in the U.S. Patent.
The U.S. Patent fails to explicitly disclose an apparatus for decoding image information, the apparatus comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to: determine an inter prediction mode as a prediction mode of a current block in a current picture based on the prediction related information; generate prediction chroma samples for the current block based on the prediction mode; derive transform coefficients for the current block based on the residual information; generate residual chroma samples for the current block based on the transform coefficients; and generate reconstructed chroma samples for the current block based on the chroma residual scaling factor.
Lee discloses an apparatus for decoding image information ([0001] an image encoding/decoding apparatus), the apparatus configured to: determine an inter prediction mode as a prediction mode of a current block in a current picture based on the prediction related information ([0129] The encoding apparatus 100 may perform encoding of an input image by using an intra mode or an inter mode or both. In addition, encoding apparatus 100 may generate a bitstream including encoded information through encoding the input image, and output the generated bitstream. [0153] The decoding apparatus 200 may receive a bitstream output from the encoding apparatus 100. The decoding apparatus 200 may decode the bitstream by using an intra mode or an inter mode. [0154] When a prediction mode used when decoding is an inter mode, a switch may be switched to an inter mode. [0160] When an inter mode is used, the motion compensation unit 250 may generate a prediction block by performing, for the current block, motion compensation that uses a motion vector and a reference image stored in the reference picture buffer 270.); generate prediction chroma samples for the current block based on the prediction mode ([0155] The decoding apparatus 200 may obtain a reconstructed residual block by decoding the input bitstream, and generate a prediction block. [0537] The above embodiment may be performed on each luma signal and chroma signal, or the above embodiment may be identically performed on luma and chroma signals.); derive transform coefficients for the current block based on the residual information ([0141] a chroma transform coefficient [0223] The transform may be a primary transform, a secondary transform, or both. The primary transform of the residual signal results in transform coefficients, and the secondary transform of the transform coefficients results in secondary transform coefficients.); generate residual chroma samples for the current block based on the transform coefficients ([0141] a residual chroma sample [0144] Herein, the dequantized or inverse-transformed coefficient or both may mean a coefficient on which at least one of dequantization and inverse-transform is performed, and may mean a reconstructed residual block. [0158] A quantized level may be dequantized in the dequantization unit 220, or inverse-transformed in the inverse-transform unit 230. The quantized level may be a result of dequantizing or inverse-transforming or both, and may be generated as a reconstructed residual block. Herein, the dequantization unit 220 may apply a quantization matrix to the quantized level. [0537] The above embodiment may be performed on each luma signal and chroma signal, or the above embodiment may be identically performed on luma and chroma signals.); generate reconstructed chroma samples for the current block based on the chroma residual scaling factor ([0114] Scaling: may mean a process of multiplying a quantized level by a factor. A transform coefficient may be generated by scaling a quantized level. The scaling also may be referred to as dequantization. [0141] a reconstructed chroma sample [0155] When the reconstructed residual block and the prediction block are obtained, the decoding apparatus 200 may generate a reconstructed block that becomes a decoding target by adding the reconstructed residual block with the prediction block. [0537] The above embodiment may be performed on each luma signal and chroma signal, or the above embodiment may be identically performed on luma and chroma signals.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention with the teachings of Lee in order to improve image quality and coding efficiency [See Lee].
Deng discloses an apparatus for decoding image information ([0004] Devices, systems and methods related to digital video coding/decoding [0009] In yet another example aspect, the above-described method may be implemented by a video decoder apparatus that comprises a processor.), the apparatus ([0504] FIG. 10 is a block diagram of a video processing apparatus 1000. The apparatus 1000 may be used to implement one or more of the methods described herein.) comprising: a memory; and at least one processor connected to the memory ([0504] The apparatus 1000 may include one or more processors 1002, one or more memories 1004 and video processing hardware 1006.), the at least one processor ([0504] The processor(s) 1002 may be configured to implement one or more methods (including, but not limited to, methods 800 and 900) described in the present document. The memory (memories) 1004 may be used for storing data and code used for implementing the methods and techniques described herein. The video processing hardware 1006 may be used to implement, in hardware circuitry, some techniques described in the present document.) configured to.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention with the explicit components of the video decoding apparatus as taught by Deng in order to improve compression efficiency [See Deng].
Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 11,930,192 in view of LEE et al. (Hereafter, “Lee”) [US 2020/0162729 A1]. Although the claims at issue are not identical, they are not patentably distinct from each other because they cover mutually associated subject matter. Thus, a terminal disclaimer is required. An analysis of the claims can be seen in Table 2 below.
Table 2: Instant Application No. 19/039,060 vs. U.S. Patent No. 11,930,192
Instant Application No. 19/039,060 Claims (Difference Emphasis Added)
U.S. Patent No. 11,930,192 Claims (Difference Emphasis Added)
1. An apparatus for decoding image information, the apparatus comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to: obtain the image information including luma mapping with chroma scaling (LMCS) related information, prediction related information, and residual information from a bitstream; derive LMCS codewords based on the LMCS related information; determine an inter prediction mode as a prediction mode of a current block in a current picture based on the prediction related information; generate prediction chroma samples for the current block based on the prediction mode; derive transform coefficients for the current block based on the residual information; generate residual chroma samples for the current block based on the transform coefficients; derive a chroma residual scaling factor for luma dependent chroma residual scaling based on the LMCS codewords and luma samples; and generate reconstructed chroma samples for the current block based on the chroma residual scaling factor, wherein the LMCS related information includes information on bins and information on the LMCS codewords, wherein a minimum bin index and a maximum bin index are derived based on the information on the bins, wherein the LMCS codewords are derived based on the information on the LMCS codewords, wherein the image information includes information on an absolute value of a chroma residual scaling delta value and information on a sign of the chroma residual scaling delta value, and wherein the chroma residual scaling factor is derived based on the LMCS codewords, the information on the absolute value of the chroma residual scaling delta value and the information on the sign of the chroma residual scaling delta value.
1. A decoding apparatus for image decoding, the decoding apparatus comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to: obtain image information including luma mapping with chroma scaling (LMCS) related information, prediction related information, and residual information from a bitstream; derive LMCS codewords based on the LMCS related information; generate prediction chroma samples based on the prediction related information; generate residual chroma samples based on the residual information; derive a chroma residual scaling factor for luma dependent chroma residual scaling based on the LMCS codewords and luma samples; and generate reconstructed chroma samples based on the chroma residual scaling factor, wherein the LMCS related information includes information on bins and information on the LMCS codewords, wherein a minimum bin index and a maximum bin index are derived based on the information on the bins, wherein the LMCS codewords are derived based on the information on the LMCS codewords, wherein the image information includes information on an absolute value of a chroma residual scaling delta value and information on a sign of the chroma residual scaling delta value, and wherein the chroma residual scaling factor is derived based on the LMCS codewords, the information on the absolute value of the chroma residual scaling delta value and the information on the sign of the chroma residual scaling delta value.
Claim 2 is the same as claim 1 but in encoding form.
Claim 2 is the same as claim 1 but in encoding form.
Claim 3 is the same as claim 1 but in apparatus for transmitting data form.
Claim 3 is the same as claim 1 but in apparatus for transmitting data form.
Some of the differences in the claim limitations in the U.S. Patent are narrower than the instant application, and thus it would have been obvious to make the claim limitations in the instant application broader by removing the specific language found in the U.S. Patent.
The U.S. Patent fails to explicitly disclose determine an inter prediction mode as a prediction mode of a current block in a current picture based on the prediction related information; generate prediction chroma samples for the current block based on the prediction mode; derive transform coefficients for the current block based on the residual information; generate residual chroma samples for the current block based on the transform coefficients; and generate reconstructed chroma samples for the current block based on the chroma residual scaling factor.
Lee discloses determine an inter prediction mode as a prediction mode of a current block in a current picture based on the prediction related information ([0129] The encoding apparatus 100 may perform encoding of an input image by using an intra mode or an inter mode or both. In addition, encoding apparatus 100 may generate a bitstream including encoded information through encoding the input image, and output the generated bitstream. [0153] The decoding apparatus 200 may receive a bitstream output from the encoding apparatus 100. The decoding apparatus 200 may decode the bitstream by using an intra mode or an inter mode. [0154] When a prediction mode used when decoding is an inter mode, a switch may be switched to an inter mode. [0160] When an inter mode is used, the motion compensation unit 250 may generate a prediction block by performing, for the current block, motion compensation that uses a motion vector and a reference image stored in the reference picture buffer 270.); generate prediction chroma samples for the current block based on the prediction mode ([0155] The decoding apparatus 200 may obtain a reconstructed residual block by decoding the input bitstream, and generate a prediction block. [0537] The above embodiment may be performed on each luma signal and chroma signal, or the above embodiment may be identically performed on luma and chroma signals.); derive transform coefficients for the current block based on the residual information ([0141] a chroma transform coefficient [0223] The transform may be a primary transform, a secondary transform, or both. The primary transform of the residual signal results in transform coefficients, and the secondary transform of the transform coefficients results in secondary transform coefficients.); generate residual chroma samples for the current block based on the transform coefficients ([0141] a residual chroma sample [0144] Herein, the dequantized or inverse-transformed coefficient or both may mean a coefficient on which at least one of dequantization and inverse-transform is performed, and may mean a reconstructed residual block. [0158] A quantized level may be dequantized in the dequantization unit 220, or inverse-transformed in the inverse-transform unit 230. The quantized level may be a result of dequantizing or inverse-transforming or both, and may be generated as a reconstructed residual block. Herein, the dequantization unit 220 may apply a quantization matrix to the quantized level. [0537] The above embodiment may be performed on each luma signal and chroma signal, or the above embodiment may be identically performed on luma and chroma signals.); and generate reconstructed chroma samples for the current block based on the chroma residual scaling factor ([0114] Scaling: may mean a process of multiplying a quantized level by a factor. A transform coefficient may be generated by scaling a quantized level. The scaling also may be referred to as dequantization. [0141] a reconstructed chroma sample [0155] When the reconstructed residual block and the prediction block are obtained, the decoding apparatus 200 may generate a reconstructed block that becomes a decoding target by adding the reconstructed residual block with the prediction block. [0537] The above embodiment may be performed on each luma signal and chroma signal, or the above embodiment may be identically performed on luma and chroma signals.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention with the teachings of Lee in order to improve image quality and coding efficiency [See Lee].
Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 12,244,830 in view of DENG et al. (Hereafter, “Deng”) [US 2022/0030257 A1]. Although the claims at issue are not identical, they are not patentably distinct from each other because they cover mutually associated subject matter. Thus, a terminal disclaimer is required. An analysis of the claims can be seen in Table 3 below.
Table 3: Instant Application No. 19/039,060 vs. U.S. Patent No. 12,244,830
Instant Application No. 19/039,060 Claims (Difference Emphasis Added)
U.S. Patent No. 12,244,830 Claims (Difference Emphasis Added)
1. An apparatus for decoding image information, the apparatus comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to: obtain the image information including luma mapping with chroma scaling (LMCS) related information, prediction related information, and residual information from a bitstream; derive LMCS codewords based on the LMCS related information; determine an inter prediction mode as a prediction mode of a current block in a current picture based on the prediction related information; generate prediction chroma samples for the current block based on the prediction mode; derive transform coefficients for the current block based on the residual information; generate residual chroma samples for the current block based on the transform coefficients; derive a chroma residual scaling factor for luma dependent chroma residual scaling based on the LMCS codewords and luma samples; and generate reconstructed chroma samples for the current block based on the chroma residual scaling factor, wherein the LMCS related information includes information on bins and information on the LMCS codewords, wherein a minimum bin index and a maximum bin index are derived based on the information on the bins, wherein the LMCS codewords are derived based on the information on the LMCS codewords, wherein the image information includes information on an absolute value of a chroma residual scaling delta value and information on a sign of the chroma residual scaling delta value, and wherein the chroma residual scaling factor is derived based on the LMCS codewords, the information on the absolute value of the chroma residual scaling delta value and the information on the sign of the chroma residual scaling delta value.
1. An image decoding method performed by a decoding apparatus, the image decoding method comprising: obtaining image information including luma mapping with chroma scaling (LMCS) related information, prediction related information, and residual information from a bitstream; deriving LMCS codewords based on the LMCS related information; determining an inter prediction mode as a prediction mode of a current block in a current picture based on the prediction related information; generating prediction chroma samples for the current block based on the prediction mode; deriving transform coefficients for the current block based on the residual information; generating residual chroma samples for the current block based on the transform coefficients; deriving a chroma residual scaling factor for luma dependent chroma residual scaling based on the LMCS codewords and luma samples; and generating reconstructed chroma samples for the current block based on the chroma residual scaling factor, wherein the LMCS related information includes information on bins and information on the LMCS codewords, wherein a minimum bin index and a maximum bin index are derived based on the information on the bins, wherein the LMCS codewords are derived based on the information on the LMCS codewords, wherein the image information includes information on an absolute value of a chroma residual scaling delta value and information on a sign of the chroma residual scaling delta value, and wherein the chroma residual scaling factor is derived based on the LMCS codewords, the information on the absolute value of the chroma residual scaling delta value and the information on the sign of the chroma residual scaling delta value.
Claim 2 is the same as claim 1 but in encoding form.
Claim 2 is the same as claim 1 but in encoding form.
Claim 3 is the same as claim 1 but in apparatus for transmitting data form.
Claim 3 is the same as claim 1 but transmission method form.
Regarding the method and apparatus claims, they are obvious variants of each other. In fact, neither can work without the other.
Some of the differences in the claim limitations in the U.S. Patent are narrower than the instant application, and thus it would have been obvious to make the claim limitations in the instant application broader by removing the specific language found in the U.S. Patent.
The U.S. Patent fails to explicitly disclose the apparatus comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to.
Deng discloses the apparatus ([0004] Devices, systems and methods related to digital video coding/decoding [0009] In yet another example aspect, the above-described method may be implemented by a video decoder apparatus that comprises a processor. [0504] FIG. 10 is a block diagram of a video processing apparatus 1000. The apparatus 1000 may be used to implement one or more of the methods described herein.) comprising: a memory; and at least one processor connected to the memory ([0504] The apparatus 1000 may include one or more processors 1002, one or more memories 1004 and video processing hardware 1006.), the at least one processor configured to ([0504] The processor(s) 1002 may be configured to implement one or more methods (including, but not limited to, methods 800 and 900) described in the present document. The memory (memories) 1004 may be used for storing data and code used for implementing the methods and techniques described herein. The video processing hardware 1006 may be used to implement, in hardware circuitry, some techniques described in the present document.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention with the explicit components of the video decoding apparatus as taught by Deng in order to improve compression efficiency [See Deng].
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kaitlin A Retallick whose telephone number is (571)270-3841. The examiner can normally be reached Monday-Friday 8am-5pm.
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, Chris Kelley can be reached at (571) 272-7331. 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.
/KAITLIN A RETALLICK/Primary Examiner, Art Unit 2482