Detailed Office Action
1. This communication is being filed in response to the submission having a mailing date of (03/03/2025) which a (3) month Shortened Statutory Period for Response has been set.
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 .
Acknowledgements
3. Upon new entry, claims (1 -6) appear pending for examination, of which (1, 5, 6) are the three (3) parallel running independent claims on record.
Information Disclosure Statement
4. Examiner noted that no Information Disclosure Statement (IDS) disclosed in the filing.
4.1. It is also note that the instant Application is a continuation of a large family of patent applications. However, in the light of the MPEP provision “each patent application must stand on its own”, the undersigned is requesting that Applicant provide the Office with all the documents he’s believe may be relevant to the patentability of this specific filing. See also MPEP 704.11 (b) for more details, and see also 37 CFR 1.105 - “each patent application must stand on its own”.
Drawings
5. The submitted Drawings on date (03/19/2025) has been accepted and considered under the 37 CFR 1.121 (d).
Double Patenting
6. 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 obviousness-type 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); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
6.1. 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 conflicting 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. Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
6.2. Individuals associated with the filing and prosecution of the instant patent application have a duty to disclose information within their knowledge as to other copending United States applications which are "material to patentability" of the application in question. See MPEP §2001.06(b) for more details.
6.3. Independent claims (1, 5, 6) of the instant Application 19/069,116, directed to a codec
ecosystem of the same, being rejected on the ground of nonstatutory obvious-type double patenting as being unpatentable over the analogous claims of the parent Appl. 17/749,040 (now US 11,831,890).
Instant Application
(19/069,116)
Reference: 17/749,040
(now US 11,831,890)
Claim 1. A method of decoding an image signal with a decoding apparatus, comprising: obtaining, with the decoding apparatus, dequantized transform coefficients of a current block by performing a dequantization on transform coefficients of the current block; generating, based on a first inverse-transform, residual samples of the current block from the dequantized transform coefficients; deriving, with the decoding apparatus, prediction samples of the current block based on an intra prediction mode of the current block; and reconstructing, with the decoding apparatus, the current block based on the residual samples and the prediction samples, wherein, in response to a case in which a second inverse-transform is additionally performed between the dequantization and the first inverse-transform, the residual samples of the current block are generated by performing the first inverse-transform on M transform coefficients resulting from performing the second inverse-transform, the M transform coefficients being generated by performing the second inverse-transform on N dequantized transform coefficients of a partial region within the current block, wherein a value of M is less than or equal to a product of a width and a height of the current block and a value of N is less than the value of M, wherein when the width and the height of the current block is equal to 4, respectively, the values of M and N are determined to be 16 and 8, respectively, wherein when the width and the height of the current block is equal to 8, respectively, the value of M is determined to be 48 which is less than the product of the width and the height of the current block and the value of N is determined to be 8, wherein the second inverse-transform is performed only when the current block is a block encoded by intra prediction, wherein pre-defined intra prediction modes are divided into a plurality of groups, wherein one of a plurality of pre-defined transform sets is mapped for one of the plurality of groups of the pre-defined intra prediction modes, and wherein a transform set mapped to a group to which the intra prediction mode of the current block belongs is used for the second inverse-transform.
Claim 5. A method of encoding an image signal with an encoding apparatus, comprising: deriving, with the encoding apparatus, residual samples of a current block based on prediction samples of the current block, the prediction samples being derived based on an intra prediction mode of the current block; generating, with the encoding apparatus, based on a first transform, transform coefficients of the current block from the residual samples of the current block; obtaining, with the encoding apparatus, quantized transform coefficients of the current block by performing a quantization on the transform coefficients; and encoding, with the encoding apparatus, the quantized transform coefficients, wherein in response to a case in which a second transform is additionally performed between the first transform and the quantization, N transform coefficients of a partial region within the current block are generated by performing the second transform on M first transform coefficients resulting from performing the first transform on the residual samples of the current block, wherein a value of M is less than or equal to a product of a width and a height of the current block and a value of N is less than the value of M, wherein when the width and the height of the current block is equal to 4, respectively, the values of M and N are determined to be 16 and 8, respectively, wherein when the width and the height of the current block is equal to 8, respectively, the value of M is determined to be 48 which is less than the product of the width and the height of the current block and the value of N is determined to be 8, wherein the second transform is performed only when the current block is a block encoded by intra prediction, wherein pre-defined intra prediction modes are divided into a plurality of groups, wherein one of a plurality of pre-defined transform sets is mapped for one of the plurality of groups of the pre-defined intra prediction modes, and wherein a transform set mapped to a group to which the intra prediction mode of the current block belongs is used for the second transform.
Claim 6. A non-transitory computer-readable medium for storing a bitstream generated by a method, the method comprising: deriving residual samples of a current block based on prediction samples of the current block, the prediction samples being derived based on an intra prediction mode of the current block; generating, based on a first transform, transform coefficients of the current block from the residual samples of the current block; obtaining quantized transform coefficients of the current block by performing a quantization on the transform coefficients; and encoding the quantized transform coefficients to generate the bitstream, wherein in response to a case in which a second transform is additionally performed between the first transform and the quantization, N transform coefficients of a partial region within the current block are generated by performing the second transform on M first transform coefficients resulting from performing the first transform on the residual samples of the current block, wherein a value of M is less than or equal to a product of a width and a height of the current block and a value of N is less than the value of M, wherein when the width and the height of the current block is equal to 4, respectively, the values of M and N are determined to be 16 and 8, respectively, wherein when the width and the height of the current block is equal to 8, respectively, the value of M is determined to be 48 which is less than the product of the width and the height of the current block and the value of N is determined to be 8, wherein the second transform is performed only when the current block is a block encoded by intra prediction, wherein pre-defined intra prediction modes are divided into a plurality of groups, wherein one of a plurality of pre-defined transform sets is mapped for one of the plurality of groups of the pre-defined intra prediction modes, and wherein a transform set mapped to a group to which the intra prediction mode of the current block belongs is used for the second transform.
Claim 1. A method of decoding an image signal with a decoding apparatus, comprising: deriving, with the decoding apparatus, an intra prediction mode of a current block based on intra prediction information obtained from a bitstream including the image signal; and providing, with the decoding apparatus, a decoded image signal by generating, based on a first inverse-transform, residual samples of the current block from dequantized transform coefficients, wherein, in response to a case in which a second inverse-transform is additionally performed between a dequantization and the first inverse-transform, the residual samples of the current block are generated by performing the first inverse-transform on M transform coefficients resulting from performing the second inverse-transform, the M transform coefficients being generated by performing the second inverse-transform on N dequantized transform coefficients of a partial region within the current block, wherein a value of M is less than or equal to a product of a width and a height of the current block and a value of N is less than the value of M, wherein when the width and the height of the current block is equal to 4, respectively, the values of M and N are determined to be 16 and 8, respectively, wherein when the width and the height of the current block is equal to 8, respectively, the value of M is determined to be 48 which is less than the product of the width and the height of the current block and the value of N is determined to be 8, wherein the second inverse-transform is performed only when the current block is a block encoded by intra prediction, wherein pre-defined intra prediction modes are divided into a plurality of groups, wherein one of a plurality of pre-defined transform sets is mapped for each of the plurality of groups of the pre-defined intra prediction modes, and wherein a transform set mapped to a group to which the derived intra prediction mode belongs is used for the second inverse-transform.
Claim 6. A non-transitory computer-readable medium for storing data associated with an image signal, comprising: a data stream stored in the non-transitory computer-readable medium, the data stream comprising intra prediction information and transform coefficients of a current block, wherein an intra prediction mode of the current block is derived based on the intra prediction information, wherein a first inverse-transform are performed on the transform coefficients of the current block to generate residual samples of the current block, wherein in response to a case in which a second inverse-transform is additionally performed between a dequantization and the first inverse-transform, the residual samples of the current block are generated by performing the first inverse-transform on M transform coefficients resulting from performing the second inverse-transform, the M transform coefficients being generated by performing the second inverse-transform on N dequantized transform coefficients of a partial region within the current block, wherein a value of M is less than or equal to a product of a width and a height of the current block and a value of N is less than the value of M, wherein when the width and the height of the current block is equal to 4, respectively, the values of M and N are determined to be 16 and 8, respectively, wherein when the width and the height of the current block is equal to 8, respectively, the value of M is determined to be 48 which is less than the product of the width and the height of the current block and the value of N is determined to be 8, wherein the second inverse-transform is performed only when the current block is a block encoded by intra prediction, wherein pre-defined intra prediction modes are divided into a plurality of groups, wherein one of a plurality of pre-defined transform sets is mapped for each of the plurality of groups of pre-defined intra prediction modes, and wherein a transform set mapped to a group to which the derived intra prediction mode belongs is used for the second inverse-transform.
6.4. It would have been obvious to one of ordinary skill in the art, at the time the invention was made/filed, to combine the instant 19/069,116 with the cited above reference(s) because although the conflicting claims are not identical, they are not patentably distinct from each other, the claim language uses similar scope of the invention, and/or a similar variation of the same claim language.
7. 35 U.S.C 102(a)(1)
7.1. 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 (i.e., changing from AIA to pre-AIA ) 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim (6) is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Koo; et al. (US 10,499,061 B2; hereafter “Koo”).
Claim (6) is directed to a non-transitory computer readable storage medium (CRM) storing a bitstream generated by an encoding method. The claim doesn’t recite that the CRM contains executable instruction(s), that by execution, would implement the claimed encoding method.
To be given patentable weight, the CRM and the bitstream (i.e. descriptive material) must be in a functional relationship. A functional relationship can be found where the descriptive material performs some function with respect to the CRM to which it is associated. See MPEP §2111.05(I)(A). When a claimed “computer-readable medium merely serves as a support for information or data, no functional relationship exists”. MPEP §2111.05(III).
The CRM storing the claimed bitstream in claim (6) merely services as a support for the CRM of the bitstream, and provides no functional relationship between the stored bitstream and the CRM. Therefore, the structure bitstream, which scope is implied by the method steps, is non-functional descriptive material and given no patentable weight. MPEP §2111.05(III).
Thus, the claim scope is just a storage medium storing data and is anticipated by Koo; et al. (US 10,499,061 B2; which similarly recites a storage medium storing a bitstream (Figs (8, 9)) in at least [Col. 23; 50].
Claim objection
8. Independent claims (1, 5, 6) and the associated dependencies are objected to, because of the judicially created Double patent doctrine (see section (6)) and the USC 102 rejection (see section (7)), but it may be considered for allowance if properly rewritten, and/or if a Terminal Disclaimer (TD) is timely filed, in compliance with 37 CFR 1.321(c) or 1.321(d).
Prior Art Citations
9. The following List of prior art, made of record and not relied upon, is/are considered
pertinent to applicant's disclosure:
9.1. Patent documentation
US 10,499,061 B2 Koo; et al. H04N19/46; H04N19/91; H04N19/80;
US 11,405,614 B2 Koo; et al. H04N19/157; H04N19/136; H04N19/167;
US 11,044,471 B2 Lee; et al. H04N19/14; H04N19/18; H04N19/11;
US 11,176,711 B2 Lim; et al. H04N19/19; H04N7/17318; G06T9/004;
US 11,356,687 B2 Ahn; et al. H04N19/44; H04N19/52; H04N19/62;
US 11,831,890 B2 Ahn; et al. H04N19/44; H04N19/167; H04N19/137;
US 12,184,876 B2 Ahn; et al. H04N19/96; H04N19/62; H04N19/176;
US 2017/0324643 A1 Seregin; et al. H04N19/60; H04N19/12; H04N19/423;
9.1. Non-Patent documentation (NPL):
_ Transform Coefficient Coding in HEVC; Sole; Dec-2012.
_ A Two-stage Algorithm for the Early Detection of Zero-quantized DCT coefficients; 2017.
CONCLUSIONS
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUIS PEREZ-FUENTES (luis.perez-fuentes@uspto.gov) whose telephone number is (571) 270 -1168. The examiner can normally be reached on Monday-Friday 8am-5pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, WILLIAM VAUGHN can be reached on (571) 272-3922. The fax phone number for the organization where this application or proceeding is assigned is (571) 272 -3922. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated system, please call (800) 786 -9199 (USA OR CANADA) or (571) 272 -1000.
/LUIS PEREZ-FUENTES/
Primary Examiner, Art Unit 2481.