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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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-7 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 10,999,593. Although the conflicting claims at issue are not identical, they are not patentably distinct from each other. See the reasons sets forth below:
Instance Application No. 19/041,113
U.S. Patent No. 10,999,593
1. An encoding method for encoding an image on a block- by-block basis, the method comprising: dividing a current block that is a unit of encoding into a plurality of sub-blocks each of which is a unit of prediction; deriving, for each of the plurality of sub-blocks, one or more prediction information candidates each of which is a candidate for prediction information indicating a reference picture list, a motion vector, and a reference picture index; selecting a prediction information candidate to be used for encoding the current block from among the one or more prediction information candidates; adding, to a bitstream, an index for identifying the selected prediction information candidate; and encoding the current block using the selected prediction information candidate, wherein the deriving includes: determining whether or not a neighboring block neighboring each of the plurality of sub-blocks is included in the current block, and when the neighboring block is not included in the current block, determining the neighboring block to be a reference block available to the sub-block, and when the neighboring block is included in the current block, determining the neighboring block not to be the reference block; and deriving a prediction information candidate of the sub- block from prediction information of the reference block.
2. The encoding method according to The encoding method according to wherein the deriving of one or more prediction information candidates further includes: determining whether or not the neighboring block is (i) a block encoded by intra prediction, (ii) a block outside a boundary of a slice including the current block or a boundary of a picture including the current block, and (iii)a block yet to be encoded, and when the neighboring block is (1) not included in the current block, (2) not a block encoded by intra prediction, (3) not a block outside a boundary of a slice including the current block or a boundary of a picture including the current block, and (4) not a block yet to be encoded, determining the neighboring block to be the reference block.
3. The encoding method according to claim 1, further comprising: determining a maximum number of the prediction information candidates, wherein the deriving of one or more prediction information candidates further includes: determining whether or not the total number of the prediction information candidates is smaller than the maximum number, and when the total number of the prediction information candidates is smaller than the maximum number, deriving the one or more new candidates each of which has a reference picture index for a picture that is available for encoding the sub- block.
4. The encoding method according to claim 1, further comprising: generating a prediction picture of the sub-block using the prediction information candidate selected in the selecting.
5. An encoding apparatus which encodes an image on a block-by-block basis, the apparatus comprising: a division unit configured to divide a current block that is a unit of encoding into a plurality of sub-blocks each of which is a unit of prediction; a deriving unit configured to derive, for each of the plurality of sub-blocks, one or more prediction information candidates each of which is a candidate for prediction information indicating a reference picture list, a motion vector, and a reference picture index; a selecting unit configured to select a prediction information candidate to be used for encoding the current block from among the one or more prediction information candidates; an adding unit configured to add, to a bitstream, an index for identifying the selected prediction information candidate; and an encoding unit configured to encode the current block using the selected prediction information candidate, wherein the deriving unit is configured to: determine whether or not a neighboring block neighboring each of the plurality of sub-blocks is included in the current block, and when the neighboring block is not included in the current block, determine the neighboring block to be a reference block available to the sub-block, and when the neighboring block is included in the current block, determine the neighboring block not to be the reference block; and derive a prediction information candidate of the sub- block from prediction information of the reference block.
6. An encoding apparatus which encodes an image on a block-by-block basis, the apparatus comprising: storage; and processing circuitry that is coupled to the storage and executes the encoding, wherein the encoding includes: dividing a current block that is a unit of encoding into a plurality of sub-blocks each of which is a unit of prediction; deriving, for each of the plurality of sub-blocks, one or more prediction information candidates each of which is a candidate for prediction information indicating a reference picture list, a motion vector, and a reference picture index; selecting a prediction information candidate to be used for encoding the current block from among the one or more prediction information candidates; adding, to a bitstream, an index for identifying the selected prediction information candidate; and encoding the current block using the selected prediction information candidate, wherein the deriving includes: reading, from the storage, a neighboring block neighboring each of the plurality of sub-blocks; determining whether or not the neighboring block is included in the current block, when the neighboring block is not included in the current block, determining the neighboring block to be a reference block available to the sub-block, and when the neighboring block is included in the current block, determining the neighboring block not to be the reference block; and deriving a prediction information candidate of the sub-block from prediction information of the reference block.
7. A non-transitory computer readable medium storing a bitstream, the bitstream comprising information that causes a decoder to execute a decoding process for decoding, on a block- by-block basis, an image included in the bitstream, the decoding process comprising: dividing a current block that is a unit of decoding into a plurality of sub-blocks each of which is a unit of prediction; deriving, for each of the plurality of sub-blocks, one or more prediction information candidates each of which is a candidate for prediction information indicating a reference picture list, a motion vector, and a reference picture index; obtaining, from the bitstream, an index for selecting a prediction information candidate to be used for decoding the current block from among the one or more prediction information candidates; and decoding the current block using the prediction information candidate selected by the index, wherein the deriving includes: determining whether or not a neighboring block neighboring each of the plurality of sub-blocks is included in the current block, and when the neighboring block is not included in the current block, determining the neighboring block to be a reference block available to the sub-block, and when the neighboring block is included in the current block, determining the neighboring block not to be the reference block; and deriving a prediction information candidate of the sub- block from prediction information of the reference block.
1. An image encoding method for generating a bitstream by encoding an image, the method comprising: dividing a current block into a plurality of partitions including a first partition; deriving one or more prediction information candidates, each of the one or more prediction information candidates being a candidate for prediction information indicating a motion vector; selecting a prediction information candidate from among the derived one or more prediction information candidates; and adding, to the bitstream, an index for identifying the selected prediction information candidate, wherein the deriving includes: when a second partition neighboring the first partition is not included in the current block, determining the second partition to be a reference block available to the first partition; when the second partition is included in the current block, determining the second partition not to be the reference block; and deriving a prediction information candidate of the first partition from prediction information of the reference block.
2. An image encoding apparatus which generates a bitstream by encoding an image, the apparatus comprising: a division unit configured to divide a current block into a plurality of partitions including a first partition; a deriving unit configured to derive one or more prediction information candidates, each of the one or more prediction information candidates being a candidate for prediction information indicating a motion vector; a selecting unit configured to select a prediction information candidate from among the derived one or more prediction information candidates; and an encoding unit configured to add, to the bitstream, an index for identifying the selected prediction information candidate, wherein the deriving unit is configured to: when a second partition neighboring the first partition is not included in the current block, determined the second partition to be a reference block available to the first partition; when the second partition is included in the current block, determine the second partition not to be the reference block; and derive a prediction information candidate of the first partition from prediction information of the reference block.
3. An image encoding apparatus which generates a bitstream by encoding an image, the apparatus comprising: storage; and processing circuitry that is coupled to the storage and executes the encoding, wherein the encoding includes: dividing a current block into a plurality of partitions including a first partition; deriving one or more prediction information candidates, each of the one or more prediction information candidates being a candidate for prediction information indicating a motion vector; selecting a prediction information candidate from among the derived one or more prediction information candidates; and adding, to the bitstream, an index for identifying the selected prediction information candidate, wherein the deriving includes: when a second partition neighboring the first partition is not included in the current block, determining the second partition to be a reference block available to the first partition; when the second partition is included in the current block, determining the second partition not to be the reference block; and deriving a prediction information candidate of the first partition from prediction information of the reference block.
Claims 1-7 are anticipated by U.S. Patent No. 10,999,593 claims 1-3 as show in the table above.
Claims 1-7 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 10,666,966. Although the conflicting claims at issue are not identical, they are not patentably distinct from each other. See the reasons sets forth below:
Instance Application No. 19/041,113
U.S. Patent No. 10,666,966
1. An encoding method for encoding an image on a block- by-block basis, the method comprising: dividing a current block that is a unit of encoding into a plurality of sub-blocks each of which is a unit of prediction; deriving, for each of the plurality of sub-blocks, one or more prediction information candidates each of which is a candidate for prediction information indicating a reference picture list, a motion vector, and a reference picture index; selecting a prediction information candidate to be used for encoding the current block from among the one or more prediction information candidates; adding, to a bitstream, an index for identifying the selected prediction information candidate; and encoding the current block using the selected prediction information candidate, wherein the deriving includes: determining whether or not a neighboring block neighboring each of the plurality of sub-blocks is included in the current block, and when the neighboring block is not included in the current block, determining the neighboring block to be a reference block available to the sub-block, and when the neighboring block is included in the current block, determining the neighboring block not to be the reference block; and deriving a prediction information candidate of the sub- block from prediction information of the reference block.
2. The encoding method according to The encoding method according to wherein the deriving of one or more prediction information candidates further includes: determining whether or not the neighboring block is (i) a block encoded by intra prediction, (ii) a block outside a boundary of a slice including the current block or a boundary of a picture including the current block, and (iii)a block yet to be encoded, and when the neighboring block is (1) not included in the current block, (2) not a block encoded by intra prediction, (3) not a block outside a boundary of a slice including the current block or a boundary of a picture including the current block, and (4) not a block yet to be encoded, determining the neighboring block to be the reference block.
3. The encoding method according to claim 1, further comprising: determining a maximum number of the prediction information candidates, wherein the deriving of one or more prediction information candidates further includes: determining whether or not the total number of the prediction information candidates is smaller than the maximum number, and when the total number of the prediction information candidates is smaller than the maximum number, deriving the one or more new candidates each of which has a reference picture index for a picture that is available for encoding the sub- block.
4. The encoding method according to claim 1, further comprising: generating a prediction picture of the sub-block using the prediction information candidate selected in the selecting.
5. An encoding apparatus which encodes an image on a block-by-block basis, the apparatus comprising: a division unit configured to divide a current block that is a unit of encoding into a plurality of sub-blocks each of which is a unit of prediction; a deriving unit configured to derive, for each of the plurality of sub-blocks, one or more prediction information candidates each of which is a candidate for prediction information indicating a reference picture list, a motion vector, and a reference picture index; a selecting unit configured to select a prediction information candidate to be used for encoding the current block from among the one or more prediction information candidates; an adding unit configured to add, to a bitstream, an index for identifying the selected prediction information candidate; and an encoding unit configured to encode the current block using the selected prediction information candidate, wherein the deriving unit is configured to: determine whether or not a neighboring block neighboring each of the plurality of sub-blocks is included in the current block, and when the neighboring block is not included in the current block, determine the neighboring block to be a reference block available to the sub-block, and when the neighboring block is included in the current block, determine the neighboring block not to be the reference block; and derive a prediction information candidate of the sub- block from prediction information of the reference block.
6. An encoding apparatus which encodes an image on a block-by-block basis, the apparatus comprising: storage; and processing circuitry that is coupled to the storage and executes the encoding, wherein the encoding includes: dividing a current block that is a unit of encoding into a plurality of sub-blocks each of which is a unit of prediction; deriving, for each of the plurality of sub-blocks, one or more prediction information candidates each of which is a candidate for prediction information indicating a reference picture list, a motion vector, and a reference picture index; selecting a prediction information candidate to be used for encoding the current block from among the one or more prediction information candidates; adding, to a bitstream, an index for identifying the selected prediction information candidate; and encoding the current block using the selected prediction information candidate, wherein the deriving includes: reading, from the storage, a neighboring block neighboring each of the plurality of sub-blocks; determining whether or not the neighboring block is included in the current block, when the neighboring block is not included in the current block, determining the neighboring block to be a reference block available to the sub-block, and when the neighboring block is included in the current block, determining the neighboring block not to be the reference block; and deriving a prediction information candidate of the sub-block from prediction information of the reference block.
7. A non-transitory computer readable medium storing a bitstream, the bitstream comprising information that causes a decoder to execute a decoding process for decoding, on a block- by-block basis, an image included in the bitstream, the decoding process comprising: dividing a current block that is a unit of decoding into a plurality of sub-blocks each of which is a unit of prediction; deriving, for each of the plurality of sub-blocks, one or more prediction information candidates each of which is a candidate for prediction information indicating a reference picture list, a motion vector, and a reference picture index; obtaining, from the bitstream, an index for selecting a prediction information candidate to be used for decoding the current block from among the one or more prediction information candidates; and decoding the current block using the prediction information candidate selected by the index, wherein the deriving includes: determining whether or not a neighboring block neighboring each of the plurality of sub-blocks is included in the current block, and when the neighboring block is not included in the current block, determining the neighboring block to be a reference block available to the sub-block, and when the neighboring block is included in the current block, determining the neighboring block not to be the reference block; and deriving a prediction information candidate of the sub- block from prediction information of the reference block.
1. A decoding method for decoding an image included in a bitstream, the method comprising: dividing a current block into a plurality of partitions including a first partition; deriving one or more prediction information candidates, each of the one or more prediction information candidates being a candidate for prediction information indicating a motion vector; obtaining, from the bitstream, an index for selecting a prediction information candidate to be used for predicting the current block from among the one or more prediction information candidates; and decoding the current block using the prediction information candidate selected by the index, wherein the deriving includes: when a second partition neighboring the first partition is not included in the current block, determining the second partition to be a reference block available to the first partition; when the second partition is included in the current block, determining the second partition not to be the reference block; and deriving a prediction information candidate of the first partition from prediction information of the reference block.
2. A decoding apparatus which decodes an image included in a bitstream, the decoding apparatus comprising: a division unit configured to divide a current block into a plurality of partitions including a first partition; a deriving unit configured to derive one or more prediction information candidates, each of the one or more prediction information candidates being a candidate for prediction information indicating a motion vector; an index obtainment unit configured to obtain, from the bitstream, an index for selecting a prediction information candidate to be used for predicting the current block from among the one or more prediction information candidates; and a decoding unit configured to decode the current block using the prediction information candidate selected by the index, wherein the deriving unit is configured to: when a second partition neighboring the first partition is not included in the current block, determined the second partition to be a reference block available to the first partition; when the second partition is included in the current block, determine the second partition not to be the reference block; and derive a prediction information candidate of the first partition from prediction information of the reference block.
3. A decoding apparatus which decodes an image included in a bitstream, the decoding apparatus comprising: storage; and processing circuitry that is coupled to the storage and executes the decoding, wherein the decoding includes: dividing a current block into a plurality of partitions including a first partition; deriving one or more prediction information candidates, each of the one or more prediction information candidates being a candidate for prediction information indicating a motion vector; obtaining, from the bitstream, an index for selecting a prediction information candidate to be used for predicting the current block from among the one or more prediction information candidates; and decoding the current block using the prediction information candidate selected by the index, wherein the deriving includes: when a second partition neighboring the first partition is not included in the current block, determining the second partition to be a reference block available to the first partition; when the second partition is included in the current block, determining the second partition not to be the reference block; and deriving a prediction information candidate of the first partition from prediction information of the reference block.
Claims 1-7 are anticipated by U.S. Patent No. 10,666,966 claims 1-3 as show in the table above.
Claims 1-7 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 10,334,266. Although the conflicting claims at issue are not identical, they are not patentably distinct from each other. See the reasons sets forth below:
Instance Application No. 19/041,113
U.S. Patent No. 10,334,266
1. An encoding method for encoding an image on a block- by-block basis, the method comprising: dividing a current block that is a unit of encoding into a plurality of sub-blocks each of which is a unit of prediction; deriving, for each of the plurality of sub-blocks, one or more prediction information candidates each of which is a candidate for prediction information indicating a reference picture list, a motion vector, and a reference picture index; selecting a prediction information candidate to be used for encoding the current block from among the one or more prediction information candidates; adding, to a bitstream, an index for identifying the selected prediction information candidate; and encoding the current block using the selected prediction information candidate, wherein the deriving includes: determining whether or not a neighboring block neighboring each of the plurality of sub-blocks is included in the current block, and when the neighboring block is not included in the current block, determining the neighboring block to be a reference block available to the sub-block, and when the neighboring block is included in the current block, determining the neighboring block not to be the reference block; and deriving a prediction information candidate of the sub- block from prediction information of the reference block.
2. The encoding method according to The encoding method according to wherein the deriving of one or more prediction information candidates further includes: determining whether or not the neighboring block is (i) a block encoded by intra prediction, (ii) a block outside a boundary of a slice including the current block or a boundary of a picture including the current block, and (iii)a block yet to be encoded, and when the neighboring block is (1) not included in the current block, (2) not a block encoded by intra prediction, (3) not a block outside a boundary of a slice including the current block or a boundary of a picture including the current block, and (4) not a block yet to be encoded, determining the neighboring block to be the reference block.
3. The encoding method according to claim 1, further comprising: determining a maximum number of the prediction information candidates, wherein the deriving of one or more prediction information candidates further includes: determining whether or not the total number of the prediction information candidates is smaller than the maximum number, and when the total number of the prediction information candidates is smaller than the maximum number, deriving the one or more new candidates each of which has a reference picture index for a picture that is available for encoding the sub- block.
4. The encoding method according to claim 1, further comprising: generating a prediction picture of the sub-block using the prediction information candidate selected in the selecting.
5. An encoding apparatus which encodes an image on a block-by-block basis, the apparatus comprising: a division unit configured to divide a current block that is a unit of encoding into a plurality of sub-blocks each of which is a unit of prediction; a deriving unit configured to derive, for each of the plurality of sub-blocks, one or more prediction information candidates each of which is a candidate for prediction information indicating a reference picture list, a motion vector, and a reference picture index; a selecting unit configured to select a prediction information candidate to be used for encoding the current block from among the one or more prediction information candidates; an adding unit configured to add, to a bitstream, an index for identifying the selected prediction information candidate; and an encoding unit configured to encode the current block using the selected prediction information candidate, wherein the deriving unit is configured to: determine whether or not a neighboring block neighboring each of the plurality of sub-blocks is included in the current block, and when the neighboring block is not included in the current block, determine the neighboring block to be a reference block available to the sub-block, and when the neighboring block is included in the current block, determine the neighboring block not to be the reference block; and derive a prediction information candidate of the sub- block from prediction information of the reference block.
6. An encoding apparatus which encodes an image on a block-by-block basis, the apparatus comprising: storage; and processing circuitry that is coupled to the storage and executes the encoding, wherein the encoding includes: dividing a current block that is a unit of encoding into a plurality of sub-blocks each of which is a unit of prediction; deriving, for each of the plurality of sub-blocks, one or more prediction information candidates each of which is a candidate for prediction information indicating a reference picture list, a motion vector, and a reference picture index; selecting a prediction information candidate to be used for encoding the current block from among the one or more prediction information candidates; adding, to a bitstream, an index for identifying the selected prediction information candidate; and encoding the current block using the selected prediction information candidate, wherein the deriving includes: reading, from the storage, a neighboring block neighboring each of the plurality of sub-blocks; determining whether or not the neighboring block is included in the current block, when the neighboring block is not included in the current block, determining the neighboring block to be a reference block available to the sub-block, and when the neighboring block is included in the current block, determining the neighboring block not to be the reference block; and deriving a prediction information candidate of the sub-block from prediction information of the reference block.
7. A non-transitory computer readable medium storing a bitstream, the bitstream comprising information that causes a decoder to execute a decoding process for decoding, on a block- by-block basis, an image included in the bitstream, the decoding process comprising: dividing a current block that is a unit of decoding into a plurality of sub-blocks each of which is a unit of prediction; deriving, for each of the plurality of sub-blocks, one or more prediction information candidates each of which is a candidate for prediction information indicating a reference picture list, a motion vector, and a reference picture index; obtaining, from the bitstream, an index for selecting a prediction information candidate to be used for decoding the current block from among the one or more prediction information candidates; and decoding the current block using the prediction information candidate selected by the index, wherein the deriving includes: determining whether or not a neighboring block neighboring each of the plurality of sub-blocks is included in the current block, and when the neighboring block is not included in the current block, determining the neighboring block to be a reference block available to the sub-block, and when the neighboring block is included in the current block, determining the neighboring block not to be the reference block; and deriving a prediction information candidate of the sub- block from prediction information of the reference block.
1. A decoding method for decoding, on a block-by-block basis, an image included in a bitstream, the method comprising: dividing a current block that is a unit of decoding into a plurality of sub-blocks each of which is a unit of prediction; deriving, for each of the plurality of sub-blocks, one or more prediction information candidates each of which is a candidate for prediction information indicating a reference picture list, a motion vector, and a reference picture index; and decoding the current block using the one or more prediction information candidates, wherein the deriving includes: determining, for each adjacent block that is adjacent to a sub-block among the plurality of sub-blocks, whether the adjacent block is included in the current block or not included in the current block, and determining a block not included in the current block to be a reference block available to the sub-block; determining a block included in the current block not to be the reference block; and deriving a prediction information candidate of the sub-block from the predication information of the reference block.
2. A decoding apparatus which decodes, on a block-by-block basis, an image included in a bitstream, the apparatus comprising: a division unit configured to divide a current block that is a unit of decoding into a plurality of sub-blocks each of which is a unit of prediction; a deriving unit configured to derive, for each of the plurality of sub-blocks, one or more prediction information candidates each of which is a candidate for prediction information indicating a reference picture list, a motion vector, and a reference picture index; and a decoding unit configured to decode the current block using the one or more prediction information candidates, wherein the deriving unit is configured to: determine, for each adjacent block that is adjacent to a sub-block among the plurality of sub-blocks, whether the adjacent block is included in the current block or not included in the current block, and determine a block not included in the current block to be a reference block available to the sub-block; determine a block included in the current block not to be the reference block; and derive a prediction information candidate of the sub-block from the predication information of the reference block.
3. A decoding apparatus which decodes, on a block-by-block basis, an image included in a bitstream, the apparatus comprising: storage; and processing circuitry that is coupled to the storage and executes the decoding, wherein the decoding includes: dividing a current block that is a unit of decoding into a plurality of sub-blocks each of which is a unit of prediction; deriving, for each of the plurality of sub-blocks, one or more prediction information candidates each of which is a candidate for prediction information indicating a reference picture list, a motion vector, and a reference picture index; and decoding the current block using the one or more prediction information candidates, wherein the deriving includes: determining, for each adjacent block that is adjacent to a sub-block among the plurality of sub-blocks, whether the adjacent block is included in the current block or not included in the current block, and determining a block not included in the current block to be a reference block available to the sub-block; determining a block included in the current block not to be the reference block; and deriving a prediction information candidate of the sub-block from the predication information of the reference block.
Claims 1-7 are anticipated by U.S. Patent No. 10,334,266 claims 1-3 as show in the table above.
Claims 1-7 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1, 5 and 6 of U.S. Patent No. 9,888,253. Although the conflicting claims at issue are not identical, they are not patentably distinct from each other. See the reasons sets forth below:
Instance Application No. 19/041,113
U.S. Patent No. 9,888,253
1. An encoding method for encoding an image on a block- by-block basis, the method comprising: dividing a current block that is a unit of encoding into a plurality of sub-blocks each of which is a unit of prediction; deriving, for each of the plurality of sub-blocks, one or more prediction information candidates each of which is a candidate for prediction information indicating a reference picture list, a motion vector, and a reference picture index; selecting a prediction information candidate to be used for encoding the current block from among the one or more prediction information candidates; adding, to a bitstream, an index for identifying the selected prediction information candidate; and encoding the current block using the selected prediction information candidate, wherein the deriving includes: determining whether or not a neighboring block neighboring each of the plurality of sub-blocks is included in the current block, and when the neighboring block is not included in the current block, determining the neighboring block to be a reference block available to the sub-block, and when the neighboring block is included in the current block, determining the neighboring block not to be the reference block; and deriving a prediction information candidate of the sub- block from prediction information of the reference block.
2. The encoding method according to The encoding method according to wherein the deriving of one or more prediction information candidates further includes: determining whether or not the neighboring block is (i) a block encoded by intra prediction, (ii) a block outside a boundary of a slice including the current block or a boundary of a picture including the current block, and (iii)a block yet to be encoded, and when the neighboring block is (1) not included in the current block, (2) not a block encoded by intra prediction, (3) not a block outside a boundary of a slice including the current block or a boundary of a picture including the current block, and (4) not a block yet to be encoded, determining the neighboring block to be the reference block.
3. The encoding method according to claim 1, further comprising: determining a maximum number of the prediction information candidates, wherein the deriving of one or more prediction information candidates further includes: determining whether or not the total number of the prediction information candidates is smaller than the maximum number, and when the total number of the prediction information candidates is smaller than the maximum number, deriving the one or more new candidates each of which has a reference picture index for a picture that is available for encoding the sub- block.
4. The encoding method according to claim 1, further comprising: generating a prediction picture of the sub-block using the prediction information candidate selected in the selecting.
5. An encoding apparatus which encodes an image on a block-by-block basis, the apparatus comprising: a division unit configured to divide a current block that is a unit of encoding into a plurality of sub-blocks each of which is a unit of prediction; a deriving unit configured to derive, for each of the plurality of sub-blocks, one or more prediction information candidates each of which is a candidate for prediction information indicating a reference picture list, a motion vector, and a reference picture index; a selecting unit configured to select a prediction information candidate to be used for encoding the current block from among the one or more prediction information candidates; an adding unit configured to add, to a bitstream, an index for identifying the selected prediction information candidate; and an encoding unit configured to encode the current block using the selected prediction information candidate, wherein the deriving unit is configured to: determine whether or not a neighboring block neighboring each of the plurality of sub-blocks is included in the current block, and when the neighboring block is not included in the current block, determine the neighboring block to be a reference block available to the sub-block, and when the neighboring block is included in the current block, determine the neighboring block not to be the reference block; and derive a prediction information candidate of the sub- block from prediction information of the reference block.
6. An encoding apparatus which encodes an image on a block-by-block basis, the apparatus comprising: storage; and processing circuitry that is coupled to the storage and executes the encoding, wherein the encoding includes: dividing a current block that is a unit of encoding into a plurality of sub-blocks each of which is a unit of prediction; deriving, for each of the plurality of sub-blocks, one or more prediction information candidates each of which is a candidate for prediction information indicating a reference picture list, a motion vector, and a reference picture index; selecting a prediction information candidate to be used for encoding the current block from among the one or more prediction information candidates; adding, to a bitstream, an index for identifying the selected prediction information candidate; and encoding the current block using the selected prediction information candidate, wherein the deriving includes: reading, from the storage, a neighboring block neighboring each of the plurality of sub-blocks; determining whether or not the neighboring block is included in the current block, when the neighboring block is not included in the current block, determining the neighboring block to be a reference block available to the sub-block, and when the neighboring block is included in the current block, determining the neighboring block not to be the reference block; and deriving a prediction information candidate of the sub-block from prediction information of the reference block.
7. A non-transitory computer readable medium storing a bitstream, the bitstream comprising information that causes a decoder to execute a decoding process for decoding, on a block- by-block basis, an image included in the bitstream, the decoding process comprising: dividing a current block that is a unit of decoding into a plurality of sub-blocks each of which is a unit of prediction; deriving, for each of the plurality of sub-blocks, one or more prediction information candidates each of which is a candidate for prediction information indicating a reference picture list, a motion vector, and a reference picture index; obtaining, from the bitstream, an index for selecting a prediction information candidate to be used for decoding the current block from among the one or more prediction information candidates; and decoding the current block using the prediction information candidate selected by the index, wherein the deriving includes: determining whether or not a neighboring block neighboring each of the plurality of sub-blocks is included in the current block, and when the neighboring block is not included in the current block, determining the neighboring block to be a reference block available to the sub-block, and when the neighboring block is included in the current block, determining the neighboring block not to be the reference block; and deriving a prediction information candidate of the sub- block from prediction information of the reference block.
1. A decoding method for decoding, on a block-by-block basis, an image included in a bitstream, the method comprising: dividing a current block that is a unit of decoding into a plurality of sub-blocks each of which is a unit of prediction; deriving, for each of the plurality of sub-blocks, one or more prediction information candidates each of which is a candidate for prediction information indicating a reference picture list, a motion vector, and a reference picture index; obtaining, from the bitstream, an index for selecting a prediction information candidate to be used for decoding the current block from among the one or more prediction information candidates; and decoding the current block using the prediction information candidate selected by the index, wherein the deriving includes: determining whether or not a neighboring block neighboring each of the plurality of sub-blocks is included in the current block, and when the neighboring block is not included in the current block, determining the neighboring block to be a reference block available to the sub-block, and when the neighboring block is included in the current block, determining the neighboring block not to be the reference block; and deriving a prediction information candidate of the sub-block from prediction information of the reference block.
5. A decoding apparatus which decodes, on a block-by-block basis, an image included in a bitstream, the apparatus comprising: a division unit configured to divide a current block that is a unit of decoding into a plurality of sub-blocks each of which is a unit of prediction; a deriving unit configured to derive, for each of the plurality of sub-blocks, one or more prediction information candidates each of which is a candidate for prediction information indicating a reference picture list, a motion vector, and a reference picture index; an index obtainment unit configured to obtain, from the bitstream, an index for selecting a prediction information candidate to be used for decoding the current block from among the one or more prediction information candidates; and a decoding unit configured to decode the current block using the prediction information candidate selected by the index, wherein the deriving unit is configured to: determine whether or not a neighboring block neighboring each of the plurality of sub-blocks is included in the current block, and when the neighboring block is not included in the current block, determine the neighboring block to be a reference block available to the sub-block, and when the neighboring block is included in the current block, determine the neighboring block not to be the reference block; and derive a prediction information candidate of the sub-block from prediction information of the reference block.
6. A decoding apparatus which decodes, on a block-by-block basis, an image included in a bitstream, the apparatus comprising: storage; and processing circuitry that is coupled to the storage and executes the decoding, wherein the decoding includes: dividing a current block that is a unit of decoding into a plurality of sub-blocks each of which is a unit of prediction; deriving, for each of the plurality of sub-blocks, one or more prediction information candidates each of which is a candidate for prediction information indicating a reference picture list, a motion vector, and a reference picture index; obtaining, from the bitstream, an index for selecting a prediction information candidate to be used for decoding the current block from among the one or more prediction information candidates; and decoding the current block using the prediction information candidate selected by the index, wherein the deriving includes: reading, from the storage, a neighboring block neighboring each of the plurality of sub-blocks; determining whether or not the neighboring block is included in the current block, and when the neighboring block is not included in the current block, determining the neighboring block to be a reference block available to the sub-block, and when the neighboring block is included in the current block, determining the neighboring block not to be the reference block; and deriving a prediction information candidate of the sub-block from prediction information of the reference block.
Claims 1-7 are anticipated by U.S. Patent No. 9,888,253 claims 1, 5 and 6 as show in the table above.
Claims 1-7 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1, 5 and 6 of U.S. Patent No. 9,712,840. Although the conflicting claims at issue are not identical, they are not patentably distinct from each other. See the reasons sets forth below:
Instance Application No. 19/041,113
U.S. Patent No. 9,712,840
1. An encoding method for encoding an image on a block- by-block basis, the method comprising: dividing a current block that is a unit of encoding into a plurality of sub-blocks each of which is a unit of prediction; deriving, for each of the plurality of sub-blocks, one or more prediction information candidates each of which is a candidate for prediction information indicating a reference picture list, a motion vector, and a reference picture index; selecting a prediction information candidate to be used for encoding the current block from among the one or more prediction information candidates; adding, to a bitstream, an index for identifying the selected prediction information candidate; and encoding the current block using the selected prediction information candidate, wherein the deriving includes: determining whether or not a neighboring block neighboring each of the plurality of sub-blocks is included in the current block, and when the neighboring block is not included in the current block, determining the neighboring block to be a reference block available to the sub-block, and when the neighboring block is included in the current block, determining the neighboring block not to be the reference block; and deriving a prediction information candidate of the sub- block from prediction information of the reference block.
2. The encoding method according to The encoding method according to wherein the deriving of one or more prediction information candidates further includes: determining whether or not the neighboring block is (i) a block encoded by intra prediction, (ii) a block outside a boundary of a slice including the current block or a boundary of a picture including the current block, and (iii)a block yet to be encoded, and when the neighboring block is (1) not included in the current block, (2) not a block encoded by intra prediction, (3) not a block outside a boundary of a slice including the current block or a boundary of a picture including the current block, and (4) not a block yet to be encoded, determining the neighboring block to be the reference block.
3. The encoding method according to claim 1, further comprising: determining a maximum number of the prediction information candidates, wherein the deriving of one or more prediction information candidates further includes: determining whether or not the total number of the prediction information candidates is smaller than the maximum number, and when the total number of the prediction information candidates is smaller than the maximum number, deriving the one or more new candidates each of which has a reference picture index for a picture that is available for encoding the sub- block.
4. The encoding method according to claim 1, further comprising: generating a prediction picture of the sub-block using the prediction information candidate selected in the selecting.
5. An encoding apparatus which encodes an image on a block-by-block basis, the apparatus comprising: a division unit configured to divide a current block that is a unit of encoding into a plurality of sub-blocks each of which is a unit of prediction; a deriving unit configured to derive, for each of the plurality of sub-blocks, one or more prediction information candidates each of which is a candidate for prediction information indicating a reference picture list, a motion vector, and a reference picture index; a selecting unit configured to select a prediction information candidate to be used for encoding the current block from among the one or more prediction information candidates; an adding unit configured to add, to a bitstream, an index for identifying the selected prediction information candidate; and an encoding unit configured to encode the current block using the selected prediction information candidate, wherein the deriving unit is configured to: determine whether or not a neighboring block neighboring each of the plurality of sub-blocks is included in the current block, and when the neighboring block is not included in the current block, determine the neighboring block to be a reference block available to the sub-block, and when the neighboring block is included in the current block, determine the neighboring block not to be the reference block; and derive a prediction information candidate of the sub- block from prediction information of the reference block.
6. An encoding apparatus which encodes an image on a block-by-block basis, the apparatus comprising: storage; and processing circuitry that is coupled to the storage and executes the encoding, wherein the encoding includes: dividing a current block that is a unit of encoding into a plurality of sub-blocks each of which is a unit of prediction; deriving, for each of the plurality of sub-blocks, one or more prediction information candidates each of which is a candidate for prediction information indicating a reference picture list, a motion vector, and a reference picture index; selecting a prediction information candidate to be used for encoding the current block from among the one or more prediction information candidates; adding, to a bitstream, an index for identifying the selected prediction information candidate; and encoding the current block using the selected prediction information candidate, wherein the deriving includes: reading, from the storage, a neighboring block neighboring each of the plurality of sub-blocks; determining whether or not the neighboring block is included in the current block, when the neighboring block is not included in the current block, determining the neighboring block to be a reference block available to the sub-block, and when the neighboring block is included in the current block, determining the neighboring block not to be the reference block; and deriving a prediction information candidate of the sub-block from prediction information of the reference block.
7. A non-transitory computer readable medium storing a bitstream, the bitstream comprising information that causes a decoder to execute a decoding process for decoding, on a block- by-block basis, an image included in the bitstream, the decoding process comprising: dividing a current block that is a unit of decoding into a plurality of sub-blocks each of which is a unit of prediction; deriving, for each of the plurality of sub-blocks, one or more prediction information candidates each of which is a candidate for prediction information indicating a reference picture list, a motion vector, and a reference picture index; obtaining, from the bitstream, an index for selecting a prediction information candidate to be used for decoding the current block from among the one or more prediction information candidates; and decoding the current block using the prediction information candidate selected by the index, wherein the deriving includes: determining whether or not a neighboring block neighboring each of the plurality of sub-blocks is included in the current block, and when the neighboring block is not included in the current block, determining the neighboring block to be a reference block available to the sub-block, and when the neighboring block is included in the current block, determining the neighboring block not to be the reference block; and deriving a prediction information candidate of the sub- block from prediction information of the reference block.
1. An image encoding method for generating a bitstream by encoding an image on a block-by-block basis, the method comprising: dividing a current block that is a unit of encoding into a plurality of sub-blocks each of which is a unit of prediction; deriving, for each of the plurality of sub-blocks, one or more prediction information candidates each of which is a candidate for prediction information indicating a reference picture list, a motion vector, and a reference picture index; selecting a prediction information candidate from among the derived one or more prediction information candidates; and adding, to the bitstream, an index for identifying the selected prediction information candidate, wherein the deriving includes: determining whether or not a neighboring block neighboring each of the plurality of sub-blocks is included in the current block, and when the neighboring block is not included in the current block, determining the neighboring block to be a reference block available to the sub-block, and when the neighboring block is included in the current block, determining the neighboring block not to be the reference block; and deriving a prediction information candidate of the sub-block from prediction information of the reference block; and when a total number of the prediction information candidates is smaller than a predetermined number, generating one or more new candidates without using the prediction information of the reference block until the total number of the prediction information candidates reaches the predetermined number.
5. An image encoding apparatus which generates a bitstream by encoding an image on a block-by-block basis, the apparatus comprising: a division unit configured to divide a current block that is a unit of encoding into a plurality of sub-blocks each of which is a unit of prediction; a deriving unit configured to derive, for each of the plurality of sub-blocks, one or more prediction information candidates each of which is a candidate for prediction information indicating a reference picture list, a motion vector, and a reference picture index; a selecting unit configured to select a prediction information candidate from among the derived one or more prediction information candidates; and an encoding unit configured to add, to the bitstream, an index for identifying the selected prediction information candidate, wherein the deriving unit is configured to: determine whether or not a neighboring block neighboring each of the plurality of sub-blocks is included in the current block, and when the neighboring block is not included in the current block, determine the neighboring block to be a reference block available to the sub-block, and when the neighboring block is included in the current block, determine the neighboring block not to be the reference block; derive a prediction information candidate of the sub-block from prediction information of the reference block; and when a total number of the prediction information candidates is smaller than a predetermined number, generate one or more new candidates without using the prediction information of the reference block until the total number of the prediction information candidates reaches the predetermined number.
6. An image encoding apparatus which generates a bitstream by encoding an image on a block-by-block basis, the apparatus comprising: storage; and processing circuitry that is coupled to the storage and executes the encoding, wherein the encoding includes: dividing a current block that is a unit of encoding into a plurality of sub-blocks each of which is a unit of prediction; deriving, for each of the plurality of sub-blocks, one or more prediction information candidates each of which is a candidate for prediction information indicating a reference picture list, a motion vector, and a reference picture index; selecting a prediction information candidate from among the derived one or more prediction information candidates; and adding, to the bitstream, an index for identifying the selected prediction information candidate, wherein the deriving includes: reading, from the storage, a neighboring block neighboring each of the plurality of sub-blocks, determining whether or not the neighboring block is included in the current block, and when the neighboring block is not included in the current block, determining the neighboring block to be a reference block available to the sub-block, and when the neighboring block is included in the current block, determining the neighboring block not to be the reference block; and deriving a prediction information candidate of the sub-block from prediction information of the reference block; and when a total number of the prediction information candidates is smaller than a predetermined number, generating one or more new candidates without using the prediction information of the reference block until the total number of the prediction information candidates reaches the predetermined number.
Claims 1-7 are anticipated by U.S. Patent No. 9,712,840 claims 1, 5 and 6 as show in the table above.
Claims 1-7 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1, 5 and 6 of U.S. Patent No. 9,161,036. Although the conflicting claims at issue are not identical, they are not patentably distinct from each other. See the reasons sets forth below:
Instance Application No. 19/041,113
U.S. Patent No. 9,161,036
1. An encoding method for encoding an image on a block- by-block basis, the method comprising: dividing a current block that is a unit of encoding into a plurality of sub-blocks each of which is a unit of prediction; deriving, for each of the plurality of sub-blocks, one or more prediction information candidates each of which is a candidate for prediction information indicating a reference picture list, a motion vector, and a reference picture index; selecting a prediction information candidate to be used for encoding the current block from among the one or more prediction information candidates; adding, to a bitstream, an index for identifying the selected prediction information candidate; and encoding the current block using the selected prediction information candidate, wherein the deriving includes: determining whether or not a neighboring block neighboring each of the plurality of sub-blocks is included in the current block, and when the neighboring block is not included in the current block, determining the neighboring block to be a reference block available to the sub-block, and when the neighboring block is included in the current block, determining the neighboring block not to be the reference block; and deriving a prediction information candidate of the sub- block from prediction information of the reference block.
2. The encoding method according to The encoding method according to wherein the deriving of one or more prediction information candidates further includes: determining whether or not the neighboring block is (i) a block encoded by intra prediction, (ii) a block outside a boundary of a slice including the current block or a boundary of a picture including the current block, and (iii)a block yet to be encoded, and when the neighboring block is (1) not included in the current block, (2) not a block encoded by intra prediction, (3) not a block outside a boundary of a slice including the current block or a boundary of a picture including the current block, and (4) not a block yet to be encoded, determining the neighboring block to be the reference block.
3. The encoding method according to claim 1, further comprising: determining a maximum number of the prediction information candidates, wherein the deriving of one or more prediction information candidates further includes: determining whether or not the total number of the prediction information candidates is smaller than the maximum number, and when the total number of the prediction information candidates is smaller than the maximum number, deriving the one or more new candidates each of which has a reference picture index for a picture that is available for encoding the sub- block.
4. The encoding method according to claim 1, further comprising: generating a prediction picture of the sub-block using the prediction information candidate selected in the selecting.
5. An encoding apparatus which encodes an image on a block-by-block basis, the apparatus comprising: a division unit configured to divide a current block that is a unit of encoding into a plurality of sub-blocks each of which is a unit of prediction; a deriving unit configured to derive, for each of the plurality of sub-blocks, one or more prediction information candidates each of which is a candidate for prediction information indicating a reference picture list, a motion vector, and a reference picture index; a selecting unit configured to select a prediction information candidate to be used for encoding the current block from among the one or more prediction information candidates; an adding unit configured to add, to a bitstream, an index for identifying the selected prediction information candidate; and an encoding unit configured to encode the current block using the selected prediction information candidate, wherein the deriving unit is configured to: determine whether or not a neighboring block neighboring each of the plurality of sub-blocks is included in the current block, and when the neighboring block is not included in the current block, determine the neighboring block to be a reference block available to the sub-block, and when the neighboring block is included in the current block, determine the neighboring block not to be the reference block; and derive a prediction information candidate of the sub- block from prediction information of the reference block.
6. An encoding apparatus which encodes an image on a block-by-block basis, the apparatus comprising: storage; and processing circuitry that is coupled to the storage and executes the encoding, wherein the encoding includes: dividing a current block that is a unit of encoding into a plurality of sub-blocks each of which is a unit of prediction; deriving, for each of the plurality of sub-blocks, one or more prediction information candidates each of which is a candidate for prediction information indicating a reference picture list, a motion vector, and a reference picture index; selecting a prediction information candidate to be used for encoding the current block from among the one or more prediction information candidates; adding, to a bitstream, an index for identifying the selected prediction information candidate; and encoding the current block using the selected prediction information candidate, wherein the deriving includes: reading, from the storage, a neighboring block neighboring each of the plurality of sub-blocks; determining whether or not the neighboring block is included in the current block, when the neighboring block is not included in the current block, determining the neighboring block to be a reference block available to the sub-block, and when the neighboring block is included in the current block, determining the neighboring block not to be the reference block; and deriving a prediction information candidate of the sub-block from prediction information of the reference block.
7. A non-transitory computer readable medium storing a bitstream, the bitstream comprising information that causes a decoder to execute a decoding process for decoding, on a block- by-block basis, an image included in the bitstream, the decoding process comprising: dividing a current block that is a unit of decoding into a plurality of sub-blocks each of which is a unit of prediction; deriving, for each of the plurality of sub-blocks, one or more prediction information candidates each of which is a candidate for prediction information indicating a reference picture list, a motion vector, and a reference picture index; obtaining, from the bitstream, an index for selecting a prediction information candidate to be used for decoding the current block from among the one or more prediction information candidates; and decoding the current block using the prediction information candidate selected by the index, wherein the deriving includes: determining whether or not a neighboring block neighboring each of the plurality of sub-blocks is included in the current block, and when the neighboring block is not included in the current block, determining the neighboring block to be a reference block available to the sub-block, and when the neighboring block is included in the current block, determining the neighboring block not to be the reference block; and deriving a prediction information candidate of the sub- block from prediction information of the reference block.
1. A decoding method for decoding, on a block-by-block basis, an image included in a bitstream, the method comprising: dividing a current block that is a unit of decoding into a plurality of sub-blocks each of which is a unit of prediction; deriving, for each of the plurality of sub-blocks, one or more prediction information candidates each of which is a candidate for prediction information indicating a reference picture list, a motion vector, and a reference picture index; obtaining, from the bitstream, an index for selecting a prediction information candidate to be used for decoding the current block from among the one or more prediction information candidates; and decoding the current block using the prediction information candidate selected by the index, wherein the deriving includes: determining whether or not a neighboring block neighboring each of the plurality of sub-blocks is included in the current block, and when the neighboring block is not included in the current block, determining the neighboring block to be a reference block available to the sub-block, and when the neighboring block is included in the current block, determining the neighboring block not to be the reference block; deriving a prediction information candidate of the sub-block from prediction information of the reference block; and when a total number of the prediction information candidates is smaller than a predetermined number, generating one or more new candidates without using the prediction information of the reference block until the total number of the prediction information candidates reaches the predetermined number.
5. A decoding apparatus which decodes, on a block-by-block basis, an image included in a bitstream, the apparatus comprising: a division unit configured to divide a current block that is a unit of decoding into a plurality of sub-blocks each of which is a unit of prediction; a deriving unit configured to derive, for each of the plurality of sub-blocks, one or more prediction information candidates each of which is a candidate for prediction information indicating a reference picture list, a motion vector, and a reference picture index; an index obtainment unit configured to obtain, from the bitstream, an index for selecting a prediction information candidate to be used for decoding the current block from among the one or more prediction information candidates; and a decoding unit configured to decode the current block using the prediction information candidate selected by the index, wherein the deriving unit is configured to: determine whether or not a neighboring block neighboring each of the plurality of sub-blocks is included in the current block, and when the neighboring block is not included in the current block, determine the neighboring block to be a reference block available to the sub-block, and when the neighboring block is included in the current block, determine the neighboring block not to be the reference block; and derive a prediction information candidate of the sub-block from prediction information of the reference block; and when a total number of the prediction information candidates is smaller than a predetermined number, generate one or more new candidates without using the prediction information of the reference block until the total number of the prediction information candidates reaches the predetermined number.
6. A decoding apparatus which decodes, on a block-by-block basis, an image included in a bitstream, the apparatus comprising: storage; and processing circuitry that is coupled to the storage and executes the decoding, wherein the decoding includes: dividing a current block that is a unit of decoding into a plurality of sub-blocks each of which is a unit of prediction; deriving, for each of the plurality of sub-blocks, one or more prediction information candidates each of which is a candidate for prediction information indicating a reference picture list, a motion vector, and a reference picture index; obtaining, from the bitstream, an index for selecting a prediction information candidate to be used for decoding the current block from among the one or more prediction information candidates; and decoding the current block using the prediction information candidate selected by the index, wherein the deriving includes: reading, from the storage, a neighboring block neighboring each of the plurality of sub-blocks; determining whether or not the neighboring block is included in the current block, and when the neighboring block is not included in the current block, determining the neighboring block to be a reference block available to the sub-block, and when the neighboring block is included in the current block, determining the neighboring block not to be the reference block; and deriving a prediction information candidate of the sub-block from prediction information of the reference block; and when a total number of the prediction information candidates is smaller than a predetermined number, generating one or more new candidates without using the prediction information of the reference block until the total number of the prediction information candidates reaches the predetermined number.
Claims 1-7 are anticipated by U.S. Patent No. 9,161,036 claims 1, 5 and 6 as show in the table above.
Allowable Subject Matter
Claims 1-7 would be allowable if rewritten to overcome the rejection(s) under nonstatutory obviousness-type double patenting, set forth in this office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
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