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.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,267,531 in view of Wang (US 2013/0114735 A1, already of record, referred to herein as “Wang”).
Claim 1 of Instant Application
A non-transitory computer-readable medium storing computer instructions for decoding a bitstream, that when executed by one or more processors, cause the one or more processors to perform steps of:
receiving a bitstream including a video coding layer (VCL) network abstraction layer (NAL) unit containing a slice of picture data divided into a plurality of tiles;
determining a number of entry points as one less than a number of the tiles in the slice, wherein the number of entry points is not explicitly signaled in the bitstream and is derived based on the number of tiles in the slice;
obtaining entry point offsets for the tiles based on the number of entry points; and
decoding a picture based on the entry point offsets.
Claim 1 of U.S. Patent No. 12,267,531
A method implemented by a decoder, the method comprising:
receiving a bitstream including a video coding layer (VCL) network abstraction layer (NAL) unit containing a slice of picture data divided into a plurality of tiles;
determining a number of entry points as one less than a number of the tiles in the slice, wherein the number of entry points is not explicitly signaled in the bitstream and is derived based on the number of tiles in the slice;
obtaining entry point offsets for the tiles based on the number of entry points; and
decoding a picture based on the entry point offsets.
Table 1.
Regarding claim 1, claim 1 of U.S. Patent No. 12,267,531 discloses many of the same limitations as shown in Table 1.
Claim 1 of U.S. Patent No. 12,267,531 does not explicitly disclose implementation via a non-transitory computer-readable medium storing computer instructions for decoding a bitstream… executed by one or more processors.
However, Wang discloses disclose implementation via a non-transitory computer-readable medium storing computer instructions for decoding a bitstream… executed by one or more processors (Wang: paragraphs [0028] – [0029], disclosing encoding and decoding of video content; paragraphs [0231] – [0232], disclosing implementation via computer-readable medium and associated processors).
At the time the application was effectively filed, it would have been obvious for a person having ordinary skill in the art to use the computer-readable medium implementation of Wang with the decoding method of claim 1 of U.S. Patent No. 12,267,223.
One would have been motivated to modify claim 1 of U.S. Patent No. 12,267,223 in this manner in order to better implement coding methods in a variety of devices (Wang: paragraph [0234]).
Regarding claims 2-8, claims 2-8 of U.S. Patent No. 12,267,223 in view of Wang disclose the same or similar limitations and are likewise rejected.
Claim 9 of Instant Application
An encoder comprising:
one or more processors configured to:
partition a picture into at least one slice and partitioning the at least one slice into a plurality of tiles;
encode the slice into a bitstream in a video coding layer (VCL) network abstraction layer (NAL) unit;
encode a number of the tiles in the slice in the bitstream; and
encode entry point offsets for the tiles in the bitstream, wherein a number of entry points is not explicitly signaled in the bitstream and is derived based on the number of tiles in the slice; and
a transmitter coupled to the one or more processors and configured to transmit the bitstream without the number of entry point offsets to support decoding the tiles according to an inference that the number of entry point offsets is one less than the number of the tiles in the slice.
Claim 9 of U.S. Patent No. 12,267,531
A method implemented by an encoder, the method comprising:
partitioning a picture into at least one slice and partitioning the at least one slice into a plurality of tiles;
encoding the slice into a bitstream in a video coding layer (VCL) network abstraction layer (NAL) unit;
encoding a number of the tiles in the slice in the bitstream;
encoding entry point offsets for the tiles in the bitstream, wherein a number of entry points is not explicitly signaled in the bitstream and is derived based on the number of tiles in the slice; and
transmitting the bitstream without the number of entry point offsets to support decoding the tiles according to an inference that the number of entry point offsets is one less than the number of the tiles in the slice.
Table 2.
Regarding claim 9, claim 9 of U.S. Patent No. 12,267,531 discloses many of the same limitations as shown in Table 2.
Claim 9 of U.S. Patent No. 12,267,531does not explicitly disclose implementation via an encoder comprising one or more processors.
However, Wang discloses implementation via an encoder comprising one or more processors (Wang: paragraphs [0028] – [0029], disclosing encoding and decoding of video content; paragraphs [0045] – [0053], disclosing implementation via a video encoder and associated processors).
At the time the application was effectively filed, it would have been obvious for a person having ordinary skill in the art to use the encoder implementation of Wang with the encoding method of claim 9 of U.S. Patent No. 12,267,531.
One would have been motivated to modify claim 9 of U.S. Patent No. 12,267,531 in this manner in order to better implement coding methods in a variety of devices (Wang: paragraph [0234]).
Regarding claims 10-15, claims 10-15 of U.S. Patent No. 12,267,531 in view of Wang disclose the same or similar limitations and are likewise rejected.
Claim 16 of Instant Application
A non-transitory computer-readable storage medium storing a bitstream that, when parsed by a coding device, is used by the coding device to generate a video, the bitstream comprising:
a picture partitioned into a slice, wherein the slice is partitioned into a plurality of tiles, and wherein the slice is included in a video coding layer (VCL) network abstraction layer (NAL) unit;
a number of the tiles in the slice; and
entry point offsets for the tiles in the bitstream, wherein a number of entry points is not explicitly signaled in the bitstream and is derivable based on the number of tiles in the slice,
wherein the bitstream is configured to be transmitted without the number of entry point offsets to support decoding the tiles according to an inference that the number of entry point offsets is one less than the number of the tiles in the slice.
Claim 16 of U.S. Patent No. 12,267,531
A video coding device comprising:
a receiver configured to receive a bitstream including a video coding layer (VCL) network abstraction layer (NAL) unit containing a slice of picture data divided into a plurality of tiles; and
a processor configured to:
determine a number of entry points as one less than a number of the tiles in the slice, wherein the number of entry points is not explicitly signaled in the bitstream and is derived based on the number of tiles in the slice;
obtain entry point offsets for the tiles based on the number of entry points; and
decode a picture based on the entry point offsets.
Table 3.
Regarding claim 16, claim 16 of U.S. Patent No. 12,267,531 discloses many of the same limitations as shown in Table 3.
Claim 16 of U.S. Patent No. 12,267,531 does not explicitly disclose implementation via a non-transitory computer-readable storage medium storing a bitstream that, when parsed by a coding device, is used by the coding device to generate a video.
However, Wang discloses disclose implementation via a non-transitory computer-readable storage medium storing a bitstream that, when parsed by a coding device, is used by the coding device to generate a video (Wang: paragraphs [0028] – [0031], disclosing encoding and decoding of video content associated with a bitstream; paragraphs [0231] – [0232], disclosing implementation via computer-readable medium and associated processors).
At the time the application was effectively filed, it would have been obvious for a person having ordinary skill in the art to use the computer-readable medium implementation of Wang with the decoding method of claim 16 of U.S. Patent No. 12,267,531.
One would have been motivated to modify claim 16 of U.S. Patent No. 12,267,531 in this manner in order to better implement coding methods in a variety of devices (Wang: paragraph [0234]).
Regarding claims 17-20, claims 17-20 of U.S. Patent No. 12,267,531 in view of Wang disclose the same or similar limitations and are likewise rejected.
Conclusion
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CHRISTOPHER T. BRANIFF
Primary Examiner
Art Unit 2484
/CHRISTOPHER BRANIFF/Primary Examiner, Art Unit 2484