DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
The non-statutory 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 non-statutory obviousness-type 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); InreGoodman, 11 F.3d 1046,29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225USPQ645 (Fed. Cir. 1985); In re Van Omum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In reVogel, 422F.2d 438,164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) maybe used to overcome an actual or provisional rejection based on a non-statutory double
patenting ground provided the conflicting 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.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-11 rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claims 1-4, 6-9 and 11-13 of US Patent No.12,250,412 although the conflicting claims are not identical, they are not patentably distinct from each other because they claim the same scope of the invention, but using different variations of the claim language.
Instant Application- 19/046,938
Conflicting U.S. Patent No. 12,250,412
1. A video decoding method performed by a video decoding apparatus, comprising: parsing, from a bitstream, a flag representing whether information on constraints to which output layer sets conform is present in a general constraint information syntax, the flag being present in the general constraint information syntax; parsing the information on the constraints from the general constraint information syntax based on the flag; and decoding a current picture encoded based on the information on the constraints, wherein the general constraint information syntax includes number information on the constraints, reserved bits and alignment information, wherein the alignment information is present after the number information and the reserved bits in the general constraint information syntax, and wherein the alignment information is parsed last from the general constraint information syntax.
1. A video decoding method performed by a video decoding apparatus, comprising: parsing, from a bitstream, a flag representing whether information on constraints to which output layer sets conform is present in a general constraint information syntax, the flag being present in the general constraint information syntax; parsing the information on the constraints from the general constraint information syntax based on the flag; and decoding a current picture encoded based on the information on the constraints, wherein the general constraint information syntax includes number information on the constraints and alignment information, wherein the alignment information is present after the number information in the general constraint information syntax, and wherein the alignment information is parsed last from the general constraint information syntax.
2. The video decoding method of claim 1, wherein the information on the constraints is not present in the general constraint information syntax based on that a value of the flag is 0.
2. The video decoding method of claim 1, wherein the information on the constraints is not present in the general constraint information syntax based on that a value of the flag is 0.
3. The video decoding method of claim 1, wherein the information on the constraints and the number information are parsed from the general constraint information syntax based on that a value of the flag is 1.
3. The video decoding method of claim 1, wherein the information on the constraints and the number information are parsed from the general constraint information syntax based on that a value of the flag is 1.
4. The video decoding method of claim 1, wherein the number information represents the number of the reserved bits for the information on the constraints.
4. The video decoding method of claim 1, wherein the number information represents the number of reserved bits for the information on the constraints.
5. The video decoding method of claim 1, wherein the general constraint information syntax is present in a profile_tier_level syntax of the bitstream, wherein the profile_tier_level syntax comprises level information representing a level to which the output layer sets conform, and wherein the general constraint information syntax is present after the level information in the profile_tier_level syntax structure.
6. The video decoding method of claim 1, wherein the general constraint information syntax is present in a profile_tier_level syntax of the bitstream, wherein the profile_tier_level syntax comprises level information representing a level to which the output layer sets conform, and wherein the general constraint information syntax is present after the level information in the profile_tier_level syntax structure
6. A video encoding method performed by a video encoding apparatus, comprising: performing inter prediction or intra prediction for a current block in a current picture; generating prediction information for the current block based on the inter prediction or the intra prediction; and encoding image information including the prediction information, wherein the image information includes a flag representing whether information on constraints to which output layer sets conform is present in a general constraint information syntax of the image information, wherein the flag is present in the general constraint information syntax, wherein the general constraint information syntax includes number information on the constraints, reserved bits and alignment information, wherein the alignment information is present after the number information and the reserved bits in the general constraint information syntax, and wherein the alignment information is encoded last into the general constraint information syntax.
7. A video encoding method performed by a video encoding apparatus, comprising: performing inter prediction or intra prediction for a current block in a current picture; generating prediction information for the current block based on the inter prediction or the intra prediction; and encoding image information including the prediction information, wherein the image information includes a flag representing whether information on constraints to which output layer sets conform is present in a general constraint information syntax of the image information, wherein the flag is present in the general constraint information syntax, wherein the general constraint information syntax includes number information on the constraints and alignment information, wherein the alignment information is present after the number information in the general constraint information syntax, and wherein the alignment information is encoded last into the general constraint information syntax.
7. The video encoding method of claim 6, wherein the general constraint information syntax does not include the information on the constraints based on that a value of the flag is 0, and includes the information on the constraints based on that the value of the flag is 1.
8. The video encoding method of claim 7, wherein the general constraint information syntax does not include the information on the constraints based on that a value of the flag is 0, and includes the information on the constraints based on that the value of the flag is 1.
8. The video encoding method of claim 6, wherein the number information represents the number of reserved bits for the information on the constraints
9. The video encoding method of claim 7, wherein the number information represents the number of reserved bits for the information on the constraints.
9. The video encoding method of claim 6, wherein the general constraint information syntax is present in a profile_tier_level syntax of the image information, wherein the profile_tier_level syntax comprises level information representing a level to which the output layer sets conform, and wherein the general constraint information syntax is present after the level information in the profile_tier_level syntax structure.
11. The video encoding method of claim 7, wherein the general constraint information syntax is present in a profile_tier_level syntax of the image information, wherein the profile_tier_level syntax comprises level information representing a level to which the output layer sets conform, and wherein the general constraint information syntax is present after the level information in the profile_tier_level syntax structure.
10. A non-transitory computer-readable digital storage medium for storing a bitstream generated by the image encoding method of claim 6.
12. A non-transitory computer-readable digital storage medium for storing a bitstream generated by the image encoding method of claim 7.
11. A method for transmitting data for image information, comprising: performing inter prediction or intra prediction for a current block in a current picture; generating prediction information for the current block based on the inter prediction or the intra prediction; encoding the image information including the prediction information; and transmitting the data including the image information, wherein the image information includes a flag representing whether information on constraints to which output layer sets conform is present in a general constraint information syntax of the image information, wherein the flag is present in the general constraint information syntax, wherein the general constraint information syntax includes number information on the constraints, reserved bits and alignment information, wherein the alignment information is present after the number information and the reserved bits in the general constraint information syntax, and wherein the alignment information is encoded last into the general constraint information syntax.
13. A method for transmitting data for image information, comprising: performing inter prediction or intra prediction for a current block in a current picture; generating prediction information for the current block based on the inter prediction or the intra prediction; encoding the image information including the prediction information; and transmitting the data including the image information, wherein the image information includes a flag representing whether information on constraints to which output layer sets conform is present in a general constraint information syntax of the image information, wherein the flag is present in the general constraint information syntax, wherein the general constraint information syntax includes number information on the constraints and alignment information, wherein the alignment information is present after the number information in the general constraint information syntax, and wherein the alignment information is encoded last into the general constraint information syntax.
It would have been obvious to a person having ordinary skill in the art, at the time the invention was made, to combine the teachings of current Application 19/046,938 although the conflicting claims are not identical, they are not patentably distinct from each other, because they are obvious variations of each other.
Allowable Subject Matter
Claims 1-11 would be allowable pending the non-statutory double patenting rejection
Conclusion
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/TSION B OWENS/Primary Examiner, Art Unit 2487