DETAILED ACTION
1. The communication is in response to the application received 02/18/2025, wherein claims 1-3 are pending and are examined as follows. This is a continuation of 17/713,693 (now U.S. Patent No. 12,262,039).
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
3. The information disclosure statements (IDS) were submitted on 02/18/2025 and 10/31/2025. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Priority
4. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Examiner’s note
5. The limitation phrase “first tool set index” and “second tool set index” cannot be found in Applicant’s priority support 62/913,264. Although it discloses a ‘toolset index’, there does not appear to be any mention of a first and/or a second ‘toolset index’ as claimed nor does there appear to be any teaching or suggestion for distinguishing between two toolset indices as referenced for e.g. in ¶0292-¶0294 of the instant disclosure. As such, the 62/913,264 document does not appear to provide clear support for this limitation. For this reason, the teachings of Chernyak et al. (“Suggested improvements for WD and TM”, ISO/IEC JTC1/SC29/WG11, Coding of Moving Pictures and Audio, ISO/IEC JTC1/SC29/WG11 MPEG2020/M52223, January 2020), hereinafter referred to as Chernyak, are deemed relevant. This also finds support in Chernyak et al. US 2022/0345751 A1, hereinafter referred to as Chernyak 751. Please see below for details.
Claim Rejections - 35 USC § 112
6. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 3 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 3, claim 3 recites “A method of transmitting the bitstream generated by the image encoding method of claim 2.”, however the claim scope is indefinite, since the claim is directed to a method of transmitting the bitstream without any reference to transmission steps. Further, the encoding method of claim 2, on which claim 3 depends, only generates said bitstream without any steps for transmitting said bitstream. As such, the metes and bounds of the claim cannot be unequivocally ascertained.
Double Patenting
7. 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 1.321I 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).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, and 4 of U.S. Patent No. 12,262,039 B2, hereinafter referred to as 039, in view of Chernyak. Based on the work of Chernyak, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the conformance restrictions of SPS tool flag values (e.g. Sect. 1.4) in order to provide more flexible control over which coding tools get applied or not applied during video decoding applications.
The claim mapping between claim sets is shown in the table below for reference.
Table
**Note: The items below that are BOLD/UNDERLINED in the Instant Application/Co-pending Application, respectively, indicate differences in the claim limitation.
Instant Application 19/055,936
U.S. Patent No. 12,262,039 B2
(17/713,693)
Claim 1
An image decoding method performed by an image decoding apparatus, the image decoding method comprising: receiving a bitstream generated as a result of encoding an image sequence; obtaining, from a sequence parameter set of the bitstream, a first tool set index and a second tool set index for indicating a tool needed to decode the bitstream among a first tool and a second tool; obtaining, from the sequence parameter set, a first tool flag indicating whether the first tool is used for the image sequence, and a second tool flag indicating whether the second tool is used for the image sequence; from the first tool flag and the second tool flag, identifying a tool that is used for the image sequence; and reconstructing the image sequence based on the identified tool, wherein when a value of a first bit included in the first tool set index is 1 and a value of a first bit included in the second tool set index is 1, a value of the first tool flag is 1, when the value of the first bit included in the first tool set index is 1 and the value of the first bit included in the second tool set index is 0, the value of the first tool flag is 0 or 1, when the value of the first bit included in the first tool set index is 0 and the value of the first bit included in the second tool set index is 0, the value of the first tool flag is 0, when a value of a second bit included in the first tool set index is 1 and a value of a second bit included in the second tool set index is 1, a value of the second tool flag is 1, when the value of the second bit included in the first tool set index is 1 and the value of the second bit included in the second tool set index is 0, the value of the second tool flag is 0 or 1, and when the value of the second bit included in the first tool set index is 0 and the value of the second bit included in the second tool set index is 0, the value of the second tool flag is 0, wherein when the value of the first bit included in the first tool set index is 0, the value of the first bit included in the second tool set index is set to 0, wherein when information indicating a profile indicates a predetermined profile, the value of the first bit included in the first tool set index and the value of the second bit included in the first tool set index are 0.
Claim 1
An image decoding method performed by an image decoding apparatus, the image decoding method comprising: receiving a bitstream generated as a result of encoding an image sequence; obtaining, from a sequence parameter set of the bitstream, a first tool set index and a second tool set index for indicating a tool allowed to decode the bitstream among a first tool and a second tool; obtaining, from the sequence parameter set, a first tool flag indicating whether the first tool is used for the image sequence, and a second tool flag indicating whether the second tool is used for the image sequence; from the first tool flag and the second tool flag, identifying a tool that is used for the image sequence; and reconstructing the image sequence based on the identified tool, wherein when a value of a first bit included in the first tool set index is 1 and a value of a first bit included in the second tool set index is 1, a value of the first tool flag is 1, when the value of the first bit included in the first tool set index is 1 and the value of the first bit included in the second tool set index is 0, the value of the first tool flag is 0 or 1, when the value of the first bit included in the first tool set index is 0 and the value of the first bit included in the second tool set index is 0, the value of the first tool flag is 0, when a value of a second bit included in the first tool set index is 1 and a value of a second bit included in the second tool set index is 1, a value of the second tool flag is 1, when the value of the second bit included in the first tool set index is 1 and the value of the second bit included in the second tool set index is 0, the value of the second tool flag is 0 or 1, and when the value of the second bit included in the first tool set index is 0 and the value of the second bit included in the second tool set index is 0, the value of the second tool flag is 0, wherein when the value of the first bit included in the first tool set index is 0, the value of the first bit included in the second tool set index is set to 0.
Claim 2
An image encoding method performed by an image encoding apparatus, the image encoding method comprising: encoding an image sequence based on at least one tool selected from among a first tool and a second tool; generating a first tool set index and a second tool set index for indicating a tool needed to decode a bitstream, among the first tool and the second tool; generating a first tool flag indicating whether the first tool is used for the image sequence, and a second tool flag indicating whether the second tool is used for the image sequence; and generating the bitstream including the first tool set index, the second tool set index, the first tool flag, and the second tool flag, wherein when a value of a first bit included in the first tool set index is 1 and a value of a first bit included in the second tool set index is 1, a value of the first tool flag is 1, when the value of the first bit included in the first tool set index is 1 and the value of the first bit included in the second tool set index is 0, the value of the first tool flag is 0 or 1, when the value of the first bit included in the first tool set index is 0 and the value of the first bit included in the second tool set index is 0, the value of the first tool flag is 0, when a value of a second bit included in the first tool set index is 1 and a value of a second bit included in the second tool set index is 1, a value of the second tool flag is 1, when the value of the second bit included in the first tool set index is 1 and the value of the second bit included in the second tool set index is 0, the value of the second tool flag is 0 or 1, and when the value of the second bit included in the first tool set index is 0 and the value of the second bit included in the second tool set index is 0, the value of the second tool flag is 0, wherein when the value of the first bit included in the first tool set index is 0, the value of the first bit included in the second tool set index is set to 0, wherein when information indicating a profile indicates a predetermined profile, the value of the first bit included in the first tool set index and the value of the second bit included in the first tool set index are 0.
Claim 3
An image encoding method performed by an image encoding apparatus, the image encoding method comprising: encoding an image sequence based on at least one tool selected from among a first tool and a second tool; generating a first tool set index and a second tool set index for indicating a tool allowed to decode a bitstream, among the first tool and the second tool; generating a first tool flag indicating whether the first tool is used for the image sequence, and a second tool flag indicating whether the second tool is used for the image sequence; and generating the bitstream including the first tool set index, the second tool set index, the first tool flag, and the second tool flag, wherein when a value of a first bit included in the first tool set index is 1 and a value of a first bit included in the second tool set index is 1, a value of the first tool flag is 1, when the value of the first bit included in the first tool set index is 1 and the value of the first bit included in the second tool set index is 0, the value of the first tool flag is 0 or 1, when the value of the first bit included in the first tool set index is 0 and the value of the first bit included in the second tool set index is 0, the value of the first tool flag is 0, when a value of a second bit included in the first tool set index is 1 and a value of a second bit included in the second tool set index is 1, a value of the second tool flag is 1, when the value of the second bit included in the first tool set index is 1 and the value of the second bit included in the second tool set index is 0, the value of the second tool flag is 0 or 1, and when the value of the second bit included in the first tool set index is 0 and the value of the second bit included in the second tool set index is 0, the value of the second tool flag is 0, wherein when the value of the first bit included in the first tool set index is 0, the value of the first bit included in the second tool set index is set to 0.
Claim 3
A method of transmitting the bitstream generated by the image encoding method of claim 2.
Claim 4
A method of transmitting the bitstream generated by the image encoding method of claim 1.
Obviousness rationale:
Regarding claim 1, patented claim 1 of 039 discloses all of the featured limitations, with the exception of “wherein when information indicating a profile indicates a predetermined profile, the value of the first bit included in the first tool set index and the value of the second bit included in the first tool set index are 0.” However, given the broadest reasonable interpretation (BRI) of the aforementioned limitation, the work of Chernyak from the same or similar field of endeavor is found to teach and/or suggest these features as indicated in tables 7-9 of Sect. 1.4 “Toolset idc extension” on pg. 4, i.e. “wherein when information indicating a profile indicates a predetermined profile [Profiles are specified in table 8 via the 8-bit syntax element ‘profile_idc’. This indicates a given profile can be selected, i.e. a predetermined profile], the value of the first bit included in the first tool set index [A first toolset index can be given by for e.g. syntax element ‘toolset_idc_h’ which has 32 bits, where a first bit corresponds to a specific tool flag (e.g. “btt_flag”). See tables 8-9] and the value of the second bit included in the first tool set index [This corresponds to a second bit of ‘toolset_idc_h’ (e.g. “suco_flag”). See tables 8-9] are 0.” [Given the BRI of “wherein when information indicating a profile indicates a predetermined profile”, one can construe said predetermined profile to mean any profile that allows/disallows a set of coding tools. For e.g., a selected profile may disable the first two tool flags above so that they cannot be used for decoding a bitstream. Thus, the first two bits of ‘toolset_idc_h’ will both be equal to ‘0’. Please see table 9 of Chernyak] Given Chernyak’s teachings above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the conformance restrictions of SPS tool flag values (e.g. Sect. 1.4) to provide more flexible control for determining which coding tools get selected or not selected for decoding video bitstreams.
Regarding claim 2, claim 2 is for an image encoding method and recites similar limitations as claim 1. For this reason, the same rationale above applies with respect to Chernyak.
Regarding claim 3, claim 3 depends on the image encoding method of claim 2, thus the same rationale above also applies with respect to Chernyak.
Examiner’s note
The same rationale presented in the Notice of Allowance for the Parent Application 17/713,693, now U.S. Patent No. 12,262,039, regarding prior art Li et al. US 2014/0294067 A1, Zhao et al. “Non-CE6: Configurable max transform size in VVC”, Joint Video Experts Team JVET of ITU-T SG 16 WP 3 and ISO/IEC JTC 1/SC 29/WG 11, 14th Meeting: Geneva, CH, 19-27 March 2019, and Rusanovskyy et al. “On enabling toolset signalling for EVC” ISO/IEC JTC1/SC29/WG11 Coding of Moving Pictures and Audio, ISO/IEC JTC1/SC29/WG11 MPEG2018/m51483, October 2019, Geneva, Switzerland, hereinafter referred to as Li, Zhao, and Rusanovskyy, also applies to instant claims 1-3, since they recite the same features as those found in the patented claims (see table above for reference). Additionally, the works of Rusanovskyy et al. US 2021/0014535 A1, Stockhammer et al. US 2021/0211735 A1, Chernyak, and Chernyak 751 (see PTO 892), also do not appear to reasonably teach and/or suggest every feature recited in instant claims 1-3, either alone or in combination, when considering the claims as a whole. For these reasons, no prior art rejections have been made for this office action, either under 35 U.S.C. 102 and/or 35 U.S.C. 103.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO 892 for additional references.
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/RICHARD A HANSELL JR./Primary Examiner, Art Unit 2486