DETAILED ACTION
This office action is in response to the application filed on 03/03/2025. Claims 1-3 have been examined.
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
Acknowledgement is made of applicant's claim for foreign application number KR: 10-2017-0096443 filed on 07/28/2017.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/03/2025 and 04/22/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 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 1.321(c) 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. 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The 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 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 1-4 of U.S. patent Application No. 18/482,863. Although the claims at issue are not identical, they are not patentably distinct from each other because it would be obvious to one of ordinary skill in the art at the time of invention that the claims cover substantially the same subject matter. The table below shows only a sample of how each of these claims is anticipated by claims such as claim 1 of U.S. patent application No. 18/482,863.
Instant Application
U.S. patent application No. 18/482,863
Claim 1: An image decoding method comprising: acquiring, from a bitstream, intra prediction mode information of a current block; when the current block is non-square, based on a comparison result of an intra prediction mode indicated by the intra prediction mode information and a threshold, shifting a number of the intra prediction mode indicated by the intra prediction mode information by a predetermined offset; deriving a reference sample of intra prediction of the current block; generating a prediction block of the current block by performing intra prediction of the current block based on the shifted number of the intra prediction mode and the reference sample; generating a residual block of the current block from the bitstream; and reconstructing the current block based on the prediction block of the current block and the residual block of the current block, wherein the threshold is determined based on a ratio between a width to a height of the current block.
Claim 1: An image decoding method, comprising: acquiring, from a bitstream, intra prediction mode information of a current block; when the current block is non-square, based on a comparison result of an intra prediction mode indicated by the intra prediction mode information and a threshold, shifting a number of the intra prediction mode indicated by the intra prediction mode information by a predetermined offset; deriving a reference sample of intra prediction of the current block; generating a prediction block of the current block by performing intra prediction of the current block based on the shifted number of the intra prediction mode and the reference sample, and reconstructing the current block based on the prediction block, wherein the threshold is determined based on a ratio between a width to a height of the current block
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Jang (US 2018/0343455) herein after Jang ‘455 in view of Jang (US 2019/0174128) herein after Jang ‘128.
Regarding claim 1, Jang ‘455 discloses the following claim limitations: An image decoding method comprising: acquiring, from a bitstream, intra prediction mode information of a current block (Jang ‘455, paragraph 145 discloses “the decoding device may acquire information on an intra prediction mode through a bit-stream”), when the current block is non-square (Jang ‘455, paragraph 132 discloses the encoding device may determine whether the CIIP is applied to the current block, on the basis of whether the current PU to which the current block belongs is a non-square PU).
Jang ‘455 does not explicitly disclose the following claim limitations: based on a comparison result of an intra prediction mode indicated by the intra prediction mode information and a threshold, shifting a number of the intra prediction mode indicated by the intra prediction mode information by a predetermined offset; deriving a reference sample of intra prediction of the current block; generating a prediction block of the current block by performing intra prediction of the current block based on the shifted number of the intra prediction mode and the reference sample; generating a residual block of the current block from the bitstream; and reconstructing the current block based on the prediction block of the current block and the residual block of the current block, wherein the threshold is determined based on a ratio between a width to a height of the current block.
However, in the same field of endeavor Jang ‘128 discloses more explicitly the following: based on a comparison result of an intra prediction mode indicated by the intra prediction mode information and a threshold, shifting a number of the intra prediction mode indicated by the intra prediction mode information by a predetermined offset; deriving a reference sample of intra prediction of the current block; generating a prediction block of the current block by performing intra prediction of the current block based on the shifted number of the intra prediction mode and the reference sample; generating a residual block of the current block from the bitstream; and reconstructing the current block based on the prediction block of the current block and the residual block of the current block, wherein the threshold is determined based on a ratio between a width to a height of the current block (Jang ‘128 paragraphs 12 and 14 discloses the plurality of intra prediction modes applicable to the current block may be determined as intra prediction modes in which prediction directions are differentially distributed (i.e. threshold such as mode direction)… the step of deriving the intra prediction mode of the current block (i.e. for prediction) further includes the step of adaptively determining a plurality of intra prediction modes applicable to the current block based on the width and height information of the current block…. the plurality of intra prediction modes applicable to the current block may be determined as intra prediction modes in which prediction directions are differentially distributed (i.e. threshold such as mode direction) based on a ratio of the width and height of the current block).
It would have been obvious to one with ordinary skill in the art at the time of invention to modify the teachings of Jang ‘455 with Jang ‘128 create the decoding device of Jang ‘455 with a method for encoding/decoding a still image or moving image based on an intra-prediction mode.
The reasoning being is to design a coding tool for processing next-generation video contents efficiently (Jang ‘128, paragraph 4).
Regarding claim 2, Jang ‘455 and Jang ‘128 discloses an image encoding method comprising: determining an intra prediction mode of a current block; deriving a reference sample of intra prediction of the current block generating a prediction block of the current block by performing intra prediction of the current block based on the intra prediction mode and the reference sample; generating a residual block of the current block based on the prediction block of the current block; generating transform coefficients of the current block based on the residual block of the current block; encoding the transform coefficients of the current block; when the current block is non-square, based on a comparison result of the intra prediction mode of the current block and a threshold, shifting a number of the intra prediction mode of the current block by a predetermined offset; and encoding intra prediction mode information of the current block based on the shifted number of the intra prediction mode of the current block, wherein the threshold is determined based on a width and a height of the current block (Jang ‘455, paragraph 145 discloses “the decoding device may acquire information on an intra prediction mode through a bit-stream”; Jang ‘455, paragraph 132 discloses the encoding device may determine whether the CIIP is applied to the current block, on the basis of whether the current PU to which the current block belongs is a non-square PU; in addition Jang ‘128 paragraphs 12 and 14 discloses the plurality of intra prediction modes applicable to the current block may be determined as intra prediction modes in which prediction directions are differentially distributed (i.e. threshold such as mode direction)… the step of deriving the intra prediction mode of the current block (i.e. for prediction) further includes the step of adaptively determining a plurality of intra prediction modes applicable to the current block based on the width and height information of the current block…. the plurality of intra prediction modes applicable to the current block may be determined as intra prediction modes in which prediction directions are differentially distributed (i.e. threshold such as mode direction) based on a ratio of the width and height of the current block). The same motivation that was utilized in claim 1 applies equally as well to claim 2.
Regarding claim 3, Jang ‘455 and Jang ‘128 discloses a transmission method for data comprising a bitstream for an image, the method comprising: obtaining the bitstream for the image; and transmitting the data of the bitstream, wherein the bitstream is generated by performing the steps of: determining an intra prediction mode of a current block; deriving a reference sample of intra prediction of the current block; generating a prediction block of the current block by performing intra prediction of the current block based on the intra prediction mode and the reference sample; generating a residual block of the current block based on the prediction block of the current block; generating transform coefficients of the current block based on the residual block of the current block; encoding the transform coefficients of the current block; when the current block is non-square, based on a comparison result of the intra prediction mode of the current block and a threshold, shifting a number of the intra prediction mode of the current block by a predetermined offset; and encoding intra prediction mode information of the current block based on the shifted number of the intra prediction mode of the current block, wherein the threshold is determined based on a width and a height of the current block (Jang ‘455, paragraph 145 discloses “the decoding device may acquire information on an intra prediction mode through a bit-stream”; Jang ‘455, paragraph 132 discloses the encoding device may determine whether the CIIP is applied to the current block, on the basis of whether the current PU to which the current block belongs is a non-square PU; in addition Jang ‘128 paragraphs 12 and 14 discloses the plurality of intra prediction modes applicable to the current block may be determined as intra prediction modes in which prediction directions are differentially distributed (i.e. threshold such as mode direction)… the step of deriving the intra prediction mode of the current block (i.e. for prediction) further includes the step of adaptively determining a plurality of intra prediction modes applicable to the current block based on the width and height information of the current block…. the plurality of intra prediction modes applicable to the current block may be determined as intra prediction modes in which prediction directions are differentially distributed (i.e. threshold such as mode direction) based on a ratio of the width and height of the current block). The same motivation that was utilized in claim 1 applies equally as well to claim 3.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JERRY T JEAN BAPTISTE whose telephone number is (571)272-6189. The examiner can normally be reached on Monday-Friday 9-5PM EST.
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/JERRY T JEAN BAPTISTE/Primary Examiner, Art Unit 2481