CTNF 19/075,061 CTNF 90497 DETAILED ACTION 07-03-fti AIA The present application is being examined under the pre-AIA first to invent provisions. This office action is a response to an application filed on 03/10/2025, in which claims 1-11 are pending and ready for examination. Priority Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Double Patenting 08-33 AIA 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 §§ 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/patent/patents-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 www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp. 08-34 Claims 7-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of U.S. Patent No. 9838706 B2. Although the claims at issue are not identical, they are not patentably distinct from each other as tabulated below. The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows: Instant - 19075061 U.S. Patent No. 9838706 B2 Claim 7 - A system, comprising: an encoder apparatus configured to encode a current picture of a video stream, according to a scheme in which one or more previously decoded pictures are used as reference pictures for decoding and according to which scheme the encoder apparatus indicates to a decoder apparatus, in a reference picture set (RPS), which of the one or more previously decoded pictures in a decoded picture buffer (DPB) are reference pictures, wherein the RPS indicates each of the reference pictures by a respective picture order count (POC) value; and the decoder apparatus; wherein the encoder apparatus is further configured to: determine, for at least one long-term picture indicator i of the RPS of the current picture, that there are at least two reference pictures in the DPB with a least significant bit (lsb) of the POC, denoted as "POC lsb," equal to POC lsb indicated for said at least one long-term picture indicator i; and Claim 1 - a method performed by an encoder for encoding a current picture of a current slice of video data of a video stream, according to a scheme in which previously decoded pictures are used as reference pictures for decoding and according to a scheme in which the encoder indicates, in a reference picture set (RPS) to a decoder, which previously decoded pictures in a decoded picture buffer (DPB) are reference pictures, wherein the RPS indicates the reference pictures by a respective picture order count (POC) value, said method comprising: determining, for each long-term picture indication i of the RPS of the current picture, whether there are at least two reference pictures in the DPB with a least significant bit (lsb) of the POC, denoted as “POC lsb,” equal to POC lsb indicated for said long-term picture indication i; and responsive to said determining, set a parameter indicating that the at least one long-term picture indicator i should be indicated by the full POC; and responsive to determining that there are at least two reference pictures in the DPB with POC lsb equal to the POC lsb indicated for the long-term picture indication i, setting a parameter indicating that the long-term picture indication i should be indicated by the full POC; encoding the current picture to generate an encoded current picture, using reference pictures indicated by the POC lsb or the full POC in the DPB; generating an encoded bitstream including the encoded current picture and the RPS with said parameter; and sending the current picture and the RPS with said parameter to the decoder apparatus. sending the encoded bitstream including the encoded current picture and the RPS with said parameter to the decoder; wherein the method further comprising imposing a restriction such that after a long-term picture indication i has been signaled with the parameter indicating that the long-term picture indication i is to be indicated by the full POC, the long-term picture indication i is not to be signaled, within the remainder of the current slice of video data, with an indication that the long-term picture indication i is to be indicated by its POC lsb. Claim 8 - wherein said parameter is a flag. Claim 2 - wherein said parameter is a flag. Claim 9 - wherein said parameter is a parameter delta_poc_msb_present_flag[ i ]. Claim 3 - wherein said parameter is a parameter delta_poc_msb_present_flag[i ]. Claim 10 - to impose a restriction such that a long-term picture indicator i that has been signaled with the parameter indicating that the long-term picture indicator i should be indicated by the full POC will never signaled in the future with an indicator that the long-term picture indicator i should be indicated by its POC lsb. Claim 1 - … imposing a restriction such that after a long-term picture indication i has been signaled with the parameter indicating that the long-term picture indication i is to be indicated by the full POC, the long-term picture indication i is not to be signaled, within the remainder of the current slice of video data, with an indication that the long-term picture indication i is to be indicated by its POC lsb. Claim 11 - the encoder apparatus comprises a High Efficiency Video Coding (HEVC) encoder. Claim 4 - wherein the encoder is a High Efficiency Video Coding (HEVC) encoder. Although the claims at issue are not identical, they are not patentably distinct from each other as shown above. Each limitation of the limitation pair tabulated above is equivalent to each other in claim scope. 08-34 Claims 7-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 of U.S. Patent No. 11412245 B2. Although the claims at issue are not identical, they are not patentably distinct from each other as tabulated below. Instant - 19075061 Patent – US 11412245 B2 Claim 7 - A system, comprising: an encoder apparatus configured to encode a current picture of a video stream, according to a scheme in which one or more previously decoded pictures are used as reference pictures for decoding and according to which scheme the encoder apparatus indicates to a decoder apparatus, in a reference picture set (RPS), which of the one or more previously decoded pictures in a decoded picture buffer (DPB) are reference pictures, wherein the RPS indicates each of the reference pictures by a respective picture order count (POC) value; and the decoder apparatus; wherein the encoder apparatus is further configured to: determine, for at least one long-term picture indicator i of the RPS of the current picture, that there are at least two reference pictures in the DPB with a least significant bit (lsb) of the POC, denoted as "POC lsb," equal to POC lsb indicated for said at least one long-term picture indicator i; and Claim 1 - A method performed by an encoder for encoding a current picture of a video stream, according to a scheme in which one or more previously decoded pictures are used as reference pictures for decoding and according to a scheme in which the encoder indicates to a decoder, in a reference picture set (RPS), which of the one or more previously decoded pictures in a decoded picture buffer (DPB) are reference pictures, wherein the RPS indicates each of the reference pictures by a respective picture order count (POC) value, said method comprising: determining, for each long-term picture indication i of the RPS of the current picture, whether there are at least two reference pictures in the DPB with a least significant bit (lsb) of the POC, denoted as “POC lsb,” equal to POC lsb indicated for said long-term picture indication i; and responsive to said determining, set a parameter indicating that the at least one long-term picture indicator i should be indicated by the full POC; and responsive to determining that there are at least two reference pictures in the DPB with POC lsb equal to the POC lsb indicated for the long-term picture indication i, setting a parameter indicating that the long-term picture indication i should be indicated by the full POC; and sending the current picture and the RPS with said parameter to the decoder apparatus. sending the current picture and the RPS with said parameter to the decoder. Claim 8 - wherein said parameter is a flag. Claim 2 - wherein said parameter is a flag. Claim 9 - wherein said parameter is a parameter delta_poc_msb_present_flag[ i ]. Claim 3 - wherein said parameter is a parameter delta_poc_msb_present_flag[ i ]. Claim 10 - to impose a restriction such that a long-term picture indicator i that has been signaled with the parameter indicating that the long-term picture indicator i should be indicated by the full POC will never signaled in the future with an indicator that the long-term picture indicator i should be indicated by its POC lsb. Claim 4 - imposing a restriction such that a long-term picture indication i that has been signaled with the parameter indicating that the long-term picture indication i should be indicated by the full POC is not subsequently signaled with an indication that the long-term picture indication i should be indicated by its POC lsb. Claim 11 - the encoder apparatus comprises a High Efficiency Video Coding (HEVC) encoder. Claim 5 - wherein the encoder is a High Efficiency Video Coding (HEVC) encoder. Although the claims at issue are not identical, they are not patentably distinct from each other as shown above. Each limitation of the limitation pair tabulated above is equivalent to each other in claim scope. 08-34 Claims 7-11 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 of U.S. Patent No. 12262042 B2. Although the claims at issue are not identical, they are not patentably distinct from each other as tabulated below. Instant - 19075061 Patent – US 12262042 B2 Claim 7 - A system, comprising: an encoder apparatus configured to encode a current picture of a video stream, according to a scheme in which one or more previously decoded pictures are used as reference pictures for decoding and according to which scheme the encoder apparatus indicates to a decoder apparatus, in a reference picture set (RPS), which of the one or more previously decoded pictures in a decoded picture buffer (DPB) are reference pictures, wherein the RPS indicates each of the reference pictures by a respective picture order count (POC) value; and the decoder apparatus; wherein the encoder apparatus is further configured to: determine, for at least one long-term picture indicator i of the RPS of the current picture, that there are at least two reference pictures in the DPB with a least significant bit (lsb) of the POC, denoted as "POC lsb," equal to POC lsb indicated for said at least one long-term picture indicator i; and Claim 1 - A method performed by an encoder for encoding a current picture of a video stream, according to a scheme in which one or more previously decoded pictures are used as reference pictures for decoding and according to which scheme the encoder indicates to a decoder, in a reference picture set (RPS), which of the one or more previously decoded pictures in a decoded picture buffer (DPB) are reference pictures, wherein the RPS indicates each of the reference pictures by a respective picture order count (POC) value and wherein each indication of a reference picture is a short-term picture indication or a long-term picture indication, said method comprising: determining, for at least one long-term picture indicator i of the RPS of the current picture, that there are at least two reference pictures in the DPB with a least significant bit (lsb) of the POC, denoted as “POC lsb,” equal to POC lsb indicated for said at least one long-term picture indicator i; and responsive to said determining, set a parameter indicating that the at least one long-term picture indicator i should be indicated by the full POC; and responsive to said determining, setting a parameter specifying that the at least one long-term picture indicator i be is indicated by the full POC; and sending the current picture and the RPS with said parameter to the decoder apparatus. sending the current picture and the RPS with said parameter to the decoder. Claim 8 - wherein said parameter is a flag. Claim 2 - wherein said parameter is a flag. Claim 9 - wherein said parameter is a parameter delta_poc_msb_present_flag[ i ]. Claim 3 - wherein said parameter is a parameter delta_poc_msb_present_flag[i]. Claim 10 - to impose a restriction such that a long-term picture indicator i that has been signaled with the parameter indicating that the long-term picture indicator i should be indicated by the full POC will never signaled in the future with an indicator that the long-term picture indicator i should be indicated by its POC lsb. Claim 4 - imposing a restriction such that a long-term picture indicator i that has been signaled with the parameter specifying that the long-term picture indicator i is indicated by the full POC will never be signaled in the future with an indicator that the long-term picture indicator i is indicated by its POC lsb. Claim 11 - the encoder apparatus comprises a High Efficiency Video Coding (HEVC) encoder. Claim 5 - the encoder is a High Efficiency Video Coding (HEVC) encoder. Although the claims at issue are not identical, they are not patentably distinct from each other as shown above. Each limitation of the limitation pair tabulated above is equivalent to each other in claim scope. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hendry (US Pub. 20220303549 A1) teaches a video coding system that performs coding using long term reference pictures. Hendry (US Pub. 20150103881 A1) teaches a video coding system that uses MSBs for signaling long term reference pictures with the use of a 1-bit flag. Wang (US Pub. 20130089134 A1) teaches a video coding system that uses a picture parameter set to signal reference pictures in a long-term reference picture set. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALBERT KIR whose telephone number is (571)272-6245. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ALBERT KIR/Primary Examiner, Art Unit 2485 Application/Control Number: 19/075,061 Page 2 Art Unit: 2485 Application/Control Number: 19/075,061 Page 3 Art Unit: 2485 Application/Control Number: 19/075,061 Page 4 Art Unit: 2485 Application/Control Number: 19/075,061 Page 5 Art Unit: 2485 Application/Control Number: 19/075,061 Page 6 Art Unit: 2485 Application/Control Number: 19/075,061 Page 7 Art Unit: 2485 Application/Control Number: 19/075,061 Page 8 Art Unit: 2485 Application/Control Number: 19/075,061 Page 9 Art Unit: 2485 Application/Control Number: 19/075,061 Page 10 Art Unit: 2485 Application/Control Number: 19/075,061 Page 11 Art Unit: 2485 Application/Control Number: 19/075,061 Page 12 Art Unit: 2485 Application/Control Number: 19/075,061 Page 13 Art Unit: 2485 Application/Control Number: 19/075,061 Page 14 Art Unit: 2485 Application/Control Number: 19/075,061 Page 15 Art Unit: 2485 Application/Control Number: 19/075,061 Page 16 Art Unit: 2485 Application/Control Number: 19/075,061 Page 17 Art Unit: 2485 Application/Control Number: 19/075,061 Page 18 Art Unit: 2485 Application/Control Number: 19/075,061 Page 19 Art Unit: 2485 Application/Control Number: 19/075,061 Page 20 Art Unit: 2485
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