DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claims 1, 4 and 5 are objected to because of the following informalities: on the line before last of 1, line before last of 4 and 3 lines before last of 5, the first instance of “CTU” should be spelled out as “coding tree units”. See Examiner’s Amendment in parent application #17/282,912 notice of allowance dated 9/25/24.
Claim 4 is objected to because of the following informalities: on line 6, “transmitting the encoding bitstream” should be “transmitting the encoded bitstream”.
Claim 1 is objected to because of the following informalities: based on the preamble, the claim is directed towards “An encoder” , but then lists all decoding steps as a decoder usually receives a bitstream and decodes the current block (see first and last step). The Examiner recommends either changing the preamble to a decoder or in the alternative, removing receive bitstream step, changing decode to encode at the end and adding a transmitting the bitstream step (similar to claim 4).
Claim 4 is objected to because of the following informalities: based on the preamble, the claim is directed towards “A method of transmitting an encoded bitstream”, but only the first 2 steps are related to the transmitting, while the remainder of the claim relates to a decoder as a decoder usually receives a bitstream and decodes the current block (see first and last step). The issue is similar to the issue in claim 1.
Appropriate correction is required.
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.
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Claims 1-5 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-3 of U.S. Patent No. 12,238,315 in view of Li et al. (U.S. 2013/0170549), hereinafter Li.
Current Application
U.S. Patent No. 12,238,315
1. An encoder for providing an encoded bitstream, the bitstream being decodable by a compatible decoder, the bitstream including a coded picture partitioned into an array of coded blocks, one of the blocks being a current block, wherein the current block being a symmetric block, the decoder being configured to: receive the bitstream; construct for the current block a merge list of motion vector candidates, the merge list having a fixed number of candidates; the constructing comprising: evaluate a plurality of candidates from blocks spatially adjacent to the symmetric current block, and, if available, add the spatially adjacent candidates to the merge list; if the number of spatially adjacent candidates added to the merge list is less than the fixed number, evaluate, according to a predetermined order, at least one candidate from a spatially non-adjacent block, at least one temporal candidate, a candidate derived from two other candidates, and a zero motion vector candidate; and if available, add these candidates to the merge list until the number of candidates in the merge list equals the fixed number, wherein the candidate from a spatially non-adjacent block has a higher priority for inclusion in the merge list than the candidate derived from two other candidates and the zero motion vector candidate and wherein one or more of the spatially adjacent candidates are unavailable so that the number of spatially adjacent candidates added to the list is less than the fixed number, one unavailable spatially adjacent candidate being an asymmetric block, and wherein the spatially non-adjacent block is in the same row of CTU as the current block; and decode the current block using the constructed merge list.
1. A decoder configured to: receive a bitstream including a coded picture partitioned into an array of coded blocks, one of the blocks being a current block, wherein the current block being a symmetric block; construct for the current block a merge list of motion vector candidates, the merge list having a fixed number of candidates; the constructing comprising: evaluate a plurality of candidates from blocks spatially adjacent to the symmetric current block, and, if available, add the spatially adjacent candidates to the merge list; if the number of spatially adjacent candidates added to the merge list is less than the fixed number, evaluate, according to a predetermined order, at least one candidate from a spatially non-adjacent block, at least one temporal candidate, a candidate derived from two other candidates, and a zero motion vector candidate; and if available, add these candidates to the merge list until the number of candidates in the merge list equals the fixed number, wherein the candidate from a spatially non-adjacent block has a higher priority for inclusion in the merge list than the candidate derived from two other candidates and the zero motion vector candidate and wherein one or more of the spatially adjacent candidates are unavailable so that the number of spatially adjacent candidates added to the list is less than the fixed number, one unavailable spatially adjacent candidate being an asymmetric block, and wherein the spatially non-adjacent block is in the same row of coding tree units as the current block; and decode the current block using the constructed merge list.
2. The encoder of claim 1 wherein the asymmetric unavailable spatially adjacent candidate is an above left spatially adjacent candidate.
2. The decoder of claim 1 wherein the asymmetric unavailable spatially adjacent candidate is an above left spatially adjacent candidate.
3. The encoder of claim 1 wherein a below left spatially adjacent candidate is asymmetric and unavailable.
3. The decoder of claim 2 wherein a below left spatially adjacent candidate is asymmetric and unavailable.
4. A method of transmitting an encoded bitstream decodable by a compatible decoder, comprising: encoding a bitstream including a coded picture partitioned into an array of coded blocks, one of the blocks being a current block, wherein the current block being a symmetric block; transmitting the encoding bitstream over a channel to a compatible decoder, the decoder being configured to: receive the bitstream; construct for the current block a merge list of motion vector candidates, the merge list having a fixed number of candidates; the constructing comprising: evaluate a plurality of candidates from blocks spatially adjacent to the symmetric current block, and, if available, add the spatially adjacent candidates to the merge list; if the number of spatially adjacent candidates added to the merge list is less than the fixed number, evaluate, according to a predetermined order, at least one candidate from a spatially non-adjacent block, at least one temporal candidate, a candidate derived from two other candidates, and a zero motion vector candidate; and if available, add these candidates to the merge list until the number of candidates in the merge list equals the fixed number, wherein the candidate from a spatially non-adjacent block has a higher priority for inclusion in the merge list than the candidate derived from two other candidates and the zero motion vector candidate and wherein one or more of the spatially adjacent candidates are unavailable so that the number of spatially adjacent candidates added to the list is less than the fixed number, one unavailable spatially adjacent candidate being an asymmetric block, and wherein the spatially non-adjacent block is in the same row of CTU as the current block; and decode the current block using the constructed merge list.
1. A decoder configured to: receive a bitstream including a coded picture partitioned into an array of coded blocks, one of the blocks being a current block, wherein the current block being a symmetric block; construct for the current block a merge list of motion vector candidates, the merge list having a fixed number of candidates; the constructing comprising: evaluate a plurality of candidates from blocks spatially adjacent to the symmetric current block, and, if available, add the spatially adjacent candidates to the merge list; if the number of spatially adjacent candidates added to the merge list is less than the fixed number, evaluate, according to a predetermined order, at least one candidate from a spatially non-adjacent block, at least one temporal candidate, a candidate derived from two other candidates, and a zero motion vector candidate; and if available, add these candidates to the merge list until the number of candidates in the merge list equals the fixed number, wherein the candidate from a spatially non-adjacent block has a higher priority for inclusion in the merge list than the candidate derived from two other candidates and the zero motion vector candidate and wherein one or more of the spatially adjacent candidates are unavailable so that the number of spatially adjacent candidates added to the list is less than the fixed number, one unavailable spatially adjacent candidate being an asymmetric block, and wherein the spatially non-adjacent block is in the same row of coding tree units as the current block; and decode the current block using the constructed merge list.
5. A decoder having circuitry configured to: receive a bitstream including a coded picture partitioned into an array of coded blocks including a first coded block and a second coded block, and signalling information indicating the first block is decoded using a merge mode and the second block is decoded without using a merge mode, the second block being an intra-predicted block, construct for the first block a merge list of motion vector candidates, the merge list having a fixed number of candidates; the constructing comprising: evaluate a plurality of candidates from blocks spatially adjacent to the first block, and, if available, add the spatially adjacent candidates to the merge list; if the number of spatially adjacent candidates added to the merge list is less than the fixed number, evaluate, according to a predetermined order, at least one candidate from a spatially non-adjacent block, at least one temporal candidate, a candidate derived from two other candidates, and a zero motion vector candidate; and if available, add these candidates to the merge list until the number of candidates in the merge list equals the fixed number, wherein the candidate from a spatially non-adjacent block has a higher priority for inclusion in the merge list than the candidate derived from two other candidates and the zero motion vector candidate and wherein one or more of the spatially adjacent candidates are unavailable so that the number of spatially adjacent candidates added to the list is less than the fixed number, one unavailable spatially adjacent candidate being an asymmetric block, and wherein the spatially non-adjacent block is in the same row of CTU units as the first block; decode the first block using the constructed merge list; and decode the second block without constructing a merge list of motion vector candidates and using intra-prediction.
1. A decoder configured to: receive a bitstream including a coded picture partitioned into an array of coded blocks, one of the blocks being a current block, wherein the current block being a symmetric block; construct for the current block a merge list of motion vector candidates, the merge list having a fixed number of candidates; the constructing comprising: evaluate a plurality of candidates from blocks spatially adjacent to the symmetric current block, and, if available, add the spatially adjacent candidates to the merge list; if the number of spatially adjacent candidates added to the merge list is less than the fixed number, evaluate, according to a predetermined order, at least one candidate from a spatially non-adjacent block, at least one temporal candidate, a candidate derived from two other candidates, and a zero motion vector candidate; and if available, add these candidates to the merge list until the number of candidates in the merge list equals the fixed number, wherein the candidate from a spatially non-adjacent block has a higher priority for inclusion in the merge list than the candidate derived from two other candidates and the zero motion vector candidate and wherein one or more of the spatially adjacent candidates are unavailable so that the number of spatially adjacent candidates added to the list is less than the fixed number, one unavailable spatially adjacent candidate being an asymmetric block, and wherein the spatially non-adjacent block is in the same row of coding tree units as the current block; and decode the current block using the constructed merge list.
The U.S. Patent does not explicitly disclose the underlined limitations.
However, Li teaches an encoder for providing an encoded bitstream (Li fig. 1 and [0048]), a method of transmitting an encoded bitstream decodable by a compatible decoder (Li figs. 1-2, [0033] and [0035]), comprising: encoding a bitstream, transmitting the encoding bitstream over a channel to a compatible decoder (Li figs. 1-2, [0033] and [0035]), a decoder having circuitry configured to (Li [0072]): receive a bitstream comprising a second coded block (Li fig. 2 and [0035]), and signalling information indicating the first block is decoded using a merge mode and the second block is decoded without using a merge mode (Li fig. 5 and [0048]), the second block being an intra-predicted block (Li [0058] and [0036]), and decode the second block without constructing a merge list of motion vector candidates and using intra-prediction (Li [0036] and [0048]).
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 decoder taught by the U.S. Patent with the missing limitations as taught by Li to compress and decompress video more efficiently as a result of encoding and decoding into a bitstream using circuitry and signalling information (Li [0002] and cites above).
As shown above, all of the limitations are known, they can be applied to a known device such as a processor to yield a predictable result of improving coding efficiency.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (U.S. 2013/0170549), hereinafter Li in view of Yu et al. ("CE 4-2/1: Adding non-adjacent spatial merge candidates", JVET-K0228-v1, 10-18 July 2018), hereinafter Yu and Oh et al. (U.S. 2014/0294087), hereinafter Oh.
Regarding claim 1, Li discloses an encoder for providing an encoded bitstream (Li fig. 1 and [0048]), the bitstream being decodable by a compatible decoder (Li figs. 1-2, [0033] and [0035]), the bitstream including a coded picture partitioned into an array of coded blocks (Li [0025] and fig. 1), one of the blocks being a current block (Li [0028]), wherein the current block being a symmetric block (Li [0060]), the decoder being configured to:
receive the bitstream (Li fig. 2 and [0035]);
construct for the current block a merge list of motion vector candidates (Li fig. 4);
the constructing comprising:
evaluate a plurality of candidates from blocks spatially adjacent to the symmetric current block, and, if available, add the spatially adjacent candidates to the merge list (Li [0040] and [0045]);
one unavailable spatially adjacent candidate being an asymmetric block (Li [0060]); and
decode the current block using the constructed merge list (Li fig. 4).
Li does not explicitly disclose the merge list having a fixed number of candidates; if the number of spatially adjacent candidates added to the merge list is less than the fixed number, evaluate, according to a predetermined order, at least one candidate from a spatially non-adjacent block, at least one temporal candidate, a candidate derived from two other candidates, and a zero motion vector candidate; and if available, add these candidates to the merge list until the number of candidates in the merge list equals the fixed number, wherein the candidate from a spatially non-adjacent block has a higher priority for inclusion in the merge list than the candidate derived from two other candidates and the zero motion vector candidate and wherein one or more of the spatially adjacent candidates are unavailable so that the number of spatially adjacent candidates added to the list is less than the fixed number and wherein the spatially non-adjacent block is in the same row of CTU as the current block.
However, Yu teaches construct for the current block a merge list of motion vector candidates, the merge list having a fixed number of candidates (Yu p. 2, first paragraph);
the constructing comprising:
evaluate a plurality of candidates from blocks spatially adjacent to the symmetric current block, and, if available, add the spatially adjacent candidates to the merge list (Yu p. 2, portion above section 2);
if the number of spatially adjacent candidates added to the merge list is less than the fixed number, evaluate, according to a predetermined order, at least one candidate from a spatially non-adjacent block, at least one temporal candidate, a candidate derived from two other candidates, and a zero motion vector candidate (Yu p. 2 fig. 2 and paragraph above describing it); and
if available, add these candidates to the merge list until the number of candidates in the merge list equals the fixed number (Yu p. 1, section 1), wherein the candidate from a spatially non-adjacent block has a higher priority for inclusion in the merge list than the candidate derived from two other candidates and the zero motion vector candidate (Yu p. 2, fig. 2) and wherein one or more of the spatially adjacent candidates are unavailable so that the number of spatially adjacent candidates added to the list is less than the fixed number (Yu p. 2, fig. 1 and paragraph under it) and wherein the spatially non-adjacent block is in the same row of CTU as the current block (Yu p. 2, fig. 1).
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 method taught by the Li with the missing limitations as taught by Yu to compress and decompress video more efficiently as a result of using adding candidates including non-adjacent candidates in a specific order (Yu Abstract and fig. 2).
As shown above, all of the limitations are known, they can be applied to a known device such as a processor to yield a predictable result of improving coding efficiency.
Li does not explicitly disclose if available, add these candidates to the merge list until the number of candidates in the merge list equals the fixed number, wherein one or more of the spatially adjacent candidates are unavailable so that the number of spatially adjacent candidates added to the list is less than the fixed number, one unavailable spatially adjacent candidate being an asymmetric block.
However, Oh teaches if available, add these candidates to the merge list until the number of candidates in the merge list equals the fixed number, wherein one or more of the spatially adjacent candidates are unavailable so that the number of spatially adjacent candidates added to the list is less than the fixed number, one unavailable spatially adjacent candidate being an asymmetric block. (Oh Abstract and [0006]).
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 decoder taught by the Li in view of Yu with the missing limitations as taught by Oh to compress and decompress video more efficiently as a result of removing unavailable merge candidates and adding new merge candidates from the merge list (Oh Abstract).
As shown above, all of the limitations are known, they can be applied to a known device such as a processor to yield a predictable result of improving coding efficiency.
Regarding claim 2, Li in view of Yu and Oh teaches the encoder of claim 1. Li does not explicitly disclose wherein the asymmetric unavailable spatially adjacent candidate is an above left spatially adjacent candidate.
However, Oh further teaches wherein the asymmetric unavailable spatially adjacent candidate is an above left spatially adjacent candidate (Oh Abstract and [0006]).
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 decoder taught by the Li in view of Yu with the missing limitations as taught by Oh to compress and decompress video more efficiently as a result of removing unavailable merge candidates and adding new merge candidates from the merge list (Oh Abstract).
As shown above, all of the limitations are known, they can be applied to a known device such as a processor to yield a predictable result of improving coding efficiency.
Regarding claim 3, Li in view of Yu and Oh teaches the encoder of claim 1 wherein a below left spatially adjacent candidate is asymmetric and unavailable (Oh Abstract and [0006]).
The same motivation for claim 2 applies to claim 3.
Regarding claim 4, Li in view of Yu and Oh teaches a method of transmitting an encoded bitstream decodable by a compatible decoder (Li figs. 1-2, [0033] and [0035]), comprising:
encoding a bitstream including a coded picture partitioned into an array of coded blocks, one of the blocks being a current block, wherein the current block being a symmetric block (Li figs. 1-2, [0033] and [0035]);
transmitting the encoding bitstream over a channel to a compatible decoder (Li figs. 1-2, [0033] and [0035]), the decoder being configured to:
receive the bitstream;
construct for the current block a merge list of motion vector candidates, the merge list having a fixed number of candidates;
the constructing comprising:
evaluate a plurality of candidates from blocks spatially adjacent to the symmetric current block, and, if available, add the spatially adjacent candidates to the merge list;
if the number of spatially adjacent candidates added to the merge list is less than the fixed number, evaluate, according to a predetermined order, at least one candidate from a spatially non-adjacent block, at least one temporal candidate, a candidate derived from two other candidates, and a zero motion vector candidate; and
if available, add these candidates to the merge list until the number of candidates in the merge list equals the fixed number, wherein the candidate from a spatially non-adjacent block has a higher priority for inclusion in the merge list than the candidate derived from two other candidates and the zero motion vector candidate and wherein one or more of the spatially adjacent candidates are unavailable so that the number of spatially adjacent candidates added to the list is less than the fixed number, one unavailable spatially adjacent candidate being an asymmetric block, and wherein the spatially non-adjacent block is in the same row of CTU as the current block; and
decode the current block using the constructed merge list (see claim 1 for remaining limitations as the limitations are analogous to claim 1).
The same motivation for claim 1 applies to claim 4.
Regarding claim 5, Li in view of Yu and Oh teaches a decoder having circuitry (Li [0072]) configured to:
receive a bitstream including a coded picture partitioned into an array of coded blocks including a first coded block and a second coded block (Li fig. 2 and [0035]), and signalling information indicating the first block is decoded using a merge mode and the second block is decoded without using a merge mode (Li fig. 5 and [0048]), the second block being an intra-predicted block (Li [0058] and [0036]),
construct for the first block a merge list of motion vector candidates, the merge list having a fixed number of candidates;
the constructing comprising:
evaluate a plurality of candidates from blocks spatially adjacent to the first block, and, if available, add the spatially adjacent candidates to the merge list;
if the number of spatially adjacent candidates added to the merge list is less than the fixed number, evaluate, according to a predetermined order,
at least one candidate from a spatially non-adjacent block, at least one temporal candidate, a candidate derived from two other candidates, and a zero motion vector candidate; and
if available, add these candidates to the merge list until the number of candidates in the merge list equals the fixed number, wherein the candidate from a spatially non-adjacent block has a higher priority for inclusion in the merge list than the candidate derived from two other candidates and the zero motion vector candidate and wherein one or more of the spatially adjacent candidates are unavailable so that the number of spatially adjacent candidates added to the list is less than the fixed number, one unavailable spatially adjacent candidate being an asymmetric block, and wherein the spatially non-adjacent block is in the same row of CTU units as the first block;
decode the first block using the constructed merge list; and
decode the second block without constructing a merge list of motion vector candidates and using intra-prediction (Li [0036] and [0048]).
See claim 1 for remaining limitations as the limitations are analogous to claim 1.
The same motivation for claim 1 applies to claim 4.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Oh et al. (U.S. 2014/0294086), Lee (U.S. 2020/0045306), Chen (U.S. 2018/0359483), Oh et al. (U.S. 2014/0269909) and Lee et al. (U.S. 2017/0332099) were the closest prior art cited in the parent application no. 17/282,912 (see Non-Final Rejection dated 3/26/24).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW KWAN whose telephone number is (571)270-7073. The examiner can normally be reached Monday-Friday 9am-5pm.
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/MATTHEW K KWAN/Primary Examiner, Art Unit 2482
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