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 .
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Claim Objections
Claim 27 is objected to because of the following informalities: claim 27 depends on canceled claim 24. 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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 25-29 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 of U.S. Patent No. 12,256,097. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the application and the patent are substantially similar and obvious variants of one another. For example:
U.S. Patent No. 12,256,097
Instant Application: 19/050969
1. A method of decoding an image with a decoding apparatus, comprising:
25. (New) A method of decoding an image with a decoding apparatus, comprising:
determining an intra prediction mode of a current block in the image from intra prediction modes pre-defined in the decoding apparatus, the intra prediction modes including a Planar mode, a DC mode, and directional prediction modes;
determining an intra prediction mode of a current block;
deriving reference samples for intra prediction of the current block; and
wherein deriving the reference samples comprises: deriving the reference samples in a reference sample group based on an index of a reference sample line of the current block,
decoding an index of a reference sample line of the current block; deriving a group of reference samples included in the reference sample line specified by the index;
generating a prediction sample at a current position in the current block based on a first reference sample determined according to the intra prediction mode of the current block; and
generating prediction samples of the current block based on the intra prediction mode and the reference samples; and
generating a reconstruction sample at the current position using the prediction sample,
generating reconstruction samples using the prediction sample,
wherein in response to a value of an MPM (Most Probable Mode) flag being true, a planar mode flag indicating whether the intra prediction mode of the current block is a planar mode or not is decoded from a bitstream,
wherein in response to a value of an MPM (Most Probable Mode) flag being true, a planar mode flag indicating whether the intra prediction mode of the current block is a planar mode or not is decoded from a bitstream,
wherein in response to the planar mode flag indicating that the intra prediction mode of the current block is not the planar mode, the intra prediction mode of the current block is determined as one of MPM candidates specified by an MPM index, the MPM index being decoded from the bitstream,
wherein in response to the planar mode flag indicating that the intra prediction mode of the current block is not the planar mode, the intra prediction mode of the current block is determined as one of MPM candidates specified by an MPM index, the MPM index being decoded from the bitstream,
wherein the prediction sample is obtained by interpolating continuously located four reference samples, and
wherein a prediction sample of the current block is obtained by interpolating four consecutive reference samples, and
wherein in response to one of the four reference samples being not included in the reference sample group, a value of the one of the four reference samples is derived to be the same as a reference sample at a pre-defined position in the reference sample group.
wherein in response to one of the four consecutive reference samples being not included in the group, a value of the one of the four consecutive reference samples is the same as a reference sample at a pre-defined position in the group.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 10630977 B2, Yoo et al., Method And Apparatus For Encoding/decoding A Video Signal
US 2019/0281289 A1, Zhao et al., METHODS AND APPARATUS FOR DIRECTIONAL INTRA PREDICTION IN VIDEO COMPRESSION
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANCIS G GEROLEO whose telephone number is (571)270-7206. The examiner can normally be reached M-F 7:00 am - 3:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna M Momper can be reached at (571) 270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Francis Geroleo/Primary Examiner, Art Unit 3619
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