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 nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8, 14-16 and 18-21 of U.S. Patent No. 11,647,214. Although the claims at issue are not identical, they are not patentably distinct from each other because they recite the same or similar limitations, as shown for claim 1 in Table 1, below. The primary difference between the claims is that the claims of the instant application recite “a pre-adjustment operation” while the claims of U.S. Patent No. 11,647,214 recite “at least one of a pre-adjustment operation or a post-adjustment operation.” Because the claims of U.S. Patent No. 11,647,214 disclose use of a “pre-adjustment operation” as one option in the same way that the instant application recites a “pre-adjustment operation,” the claims are not patentably distinct.
Claim 1 of Instant Application
A method of decoding video data comprising:
determining that a first inverse transform process of a plurality of inverse transform processes is to be applied to a first block of a plurality of blocks of video data, wherein the first inverse transform process comprises one of a DCT-2 matrix, a DCT-3 matrix, a DST-2 matrix, or a DST-3 matrix;
applying the first inverse transform process to first transform coefficients of the first block to generate a first residual;
decoding the first residual to produce a first decoded block;
determining that a second inverse transform process is to be applied to a second block of the plurality of blocks of video data, wherein the second inverse transform process comprises the first inverse transform process and a pre-adjustment operation;
applying the first inverse transform process and the pre-adjustment operation to second transform coefficients of the second block to generate a second residual, wherein the pre-adjustment operation is applied prior to applying the first inverse transform process, and wherein the application of the first inverse transform process and the pre-adjustment operation approximates an inverse transform process of a type different from the first inverse transform process;
decoding the second residual to produce a second decoded block; and
decoding the video data based at least in part on the first decoded block and the second decoded block.
Claim 1 of U.S. Patent No. 11,647,214
A method of decoding video data comprising:
determining that a first inverse transform process of a plurality of inverse transform processes is to be applied to a first block of a plurality of blocks of video data, wherein the first inverse transform process comprises one of a DCT-2 matrix, a DCT-3 matrix, a DST-2 matrix, or a DST-3 matrix;
applying the first inverse transform process to first transform coefficients of the first block to generate a first residual;
decoding the first residual to produce a first decoded block;
determining that a second inverse transform process is to be applied to a second block of the plurality of blocks of video data, wherein the second inverse transform process comprises the first inverse transform process and at least one of a pre-adjustment operation or a post-adjustment operation;
applying the first inverse transform process and the at least one of the pre-adjustment operation or the post-adjustment operation to second transform coefficients of the second block to generate a second residual, wherein the pre-adjustment operation, if applied, is applied prior to applying the first inverse transform process, and wherein the post-adjustment operation, if applied, is applied after applying the first inverse transform process, and wherein the application of the first inverse transform process and the at least one of the pre-adjustment operation or the post-adjustment operation approximates an inverse transform process of a type different from the first inverse transform process;
decoding the second residual to produce a second decoded block; and
decoding the video data based at least in part on the first decoded block and the second decoded block.
Table 1.
Claims 16-19 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 16 and 19-21 of U.S. Patent No. 12,256,092. Although the claims at issue are not identical, they are not patentably distinct from each other because they recite the same or similar limitations, as shown for claim 16 in Table 2, below. The primary difference between the claims is that the claims of the instant application recite “a pre-adjustment operation” while the claims of U.S. Patent No. 12,256,092 recite “at least one of a pre-adjustment operation or a post-adjustment operation.” Because the claims of U.S. Patent No. 12,256,092 disclose use of a “pre-adjustment operation” as one option in the same way that the instant application recites a “pre-adjustment operation,” the claims are not patentably distinct.
Claim 16 of Instant Application
A video encoding device comprising:
a memory configured to store video data; and
one or more processors implemented in circuitry and configured to:
perform a first prediction process for a first block of video data to produce a first residual;
determine that a first transform process of a plurality of transform processes is to be applied to the first residual, wherein the first inverse transform process comprises one of a DCT-2 matrix, a DCT-3 matrix, a DST-2 matrix, or a DST-3 matrix;
apply the first transform process to the first residual to generate first transform coefficients for the first block of video data;
encode the first transform coefficients;
determine that a second transform process is to be applied to the second residual, wherein the second transform process comprises the first transform process and a pre-adjustment operation to apply to the second residual in addition to the first transform process;
apply the first transform process and the pre-adjustment operation to the second residual to generate second transform coefficients for the second block of video data, wherein the pre-adjustment operation is applied prior to applying the first transform process, and wherein the application of the first inverse transform process and the pre-adjustment operation approximates an inverse transform process of a type different from the first inverse transform process; and
encode the second transform coefficients.
Claim 16 of U.S. Patent No. 12,256,092
A video encoding device comprising:
a memory configured to store video data; and
one or more processors implemented in circuitry and configured to:
perform a first prediction process for a first block of video data to produce a first residual;
determine that a first transform process of a plurality of transform processes is to be applied to the first residual, wherein the first inverse transform process comprises one of a DCT-2 matrix, a DCT-3 matrix, a DST-2 matrix, or a DST-3 matrix;
apply the first transform process to the first residual to generate first transform coefficients for the first block of video data;
encode the first transform coefficients;
determine that a second transform process is to be applied to the second residual, wherein the second transform process comprises the first transform process and at least one of a first pre-adjustment operation or a first post-adjustment operation to apply to the second residual in addition to the first transform process;
apply the first transform process and at least one of the first pre-adjustment operation or the first post-adjustment operation to the second residual to generate second transform coefficients for the second block of video data, wherein the first pre-adjustment operation, if applied, is applied prior to applying the first transform process, and wherein the first post-adjustment operation, if applied, is applied after applying the first transform process and wherein the application of the first inverse transform process and the at least one of the pre-adjustment operation or the post-adjustment operation approximates an inverse transform process of a type different from the first inverse transform process; and
encode the second transform coefficients.
Table 2.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christopher Braniff whose telephone number is (571) 270-5009. The examiner can normally be reached M-F 7AM to 4PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thai Tran can be reached at (571) 272-7382. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
CHRISTOPHER T. BRANIFF
Primary Examiner
Art Unit 2484
/CHRISTOPHER BRANIFF/Primary Examiner, Art Unit 2484