DETAILED ACTION
This action is in response to application 19/075,108 filed on 03/10/2025.
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
3. 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).
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).
4. Claims 1-3 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-4 of U.S. Patent No. 12,273,529 B2 in view of Nalci et al. (“Nalci”) (US Pub. No.: 2020/0396487 A1).
Furthermore, although the conflicting claims at issue are not identical, they are not patentably distinct from each other because U.S. Patent No.: 12,273,529 B2 claims:
Instant Application: 19/075,108
Note: bold and underlined fonts means same features between instant application and conflicting appl.
Conflicting Application: 18/369,015
→ now US Patent No.: 12,273,529 B2
Claim [1]: A decoding apparatus for image decoding, the decoding apparatus comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to: obtain image information including a flag related to whether an Intra sub-partitions (ISP) mode is applied and information on transform coefficients from a bitstream; derive quantized transform coefficients for a current block based on the information on the transform coefficients; derive transform coefficients for the current block by performing a dequantization on the quantized transform coefficients; derive modified transform coefficients for the current block by applying a low-frequency non-separable transform (LFNST) to the transform coefficients based on an LFNST matrix; derive residual samples for the current block by applying an inverse primary transform on the modified transform coefficients; and generate a reconstructed picture based on the residual samples and prediction samples for the current block, wherein in case the flag represents that the ISP mode is not applied to the current block, based on a non-zero transform coefficient being present in a region other than a DC position of the current block, the image information includes an LFNST index related to the LFNST matrix, wherein based on the flag representing that the ISP mode is applied to the current block, the image information includes the LFNST index related to the LFNST matrix without considering of whether the non-zero transform coefficient is present in the region other than the DC position of the current block, and wherein based on a sub-partition block divided from the current block being a 4×4 block or an 8×8 block, the LFNST is applied from a top-left position of the sub-partition block up to 8th transform coefficients in a scan direction.
Claim [1]: An image decoding method performed by a decoding apparatus, the method comprising: obtaining image information including a flag related to whether an Intra sub-partitions (ISP) mode is applied and information on transform coefficients from a bitstream; deriving quantized transform coefficients for a current block based on the information on the transform coefficients; deriving transform coefficients for the current block by performing a dequantization on the quantized transform coefficients; deriving modified transform coefficients for the current block by applying a low-frequency non-separable transform (LFNST) to the transform coefficients based on an LFNST matrix; deriving residual samples for the current block by applying an inverse primary transform on the modified transform coefficients; and generating a reconstructed picture based on the residual samples and prediction samples for the current block, wherein in case the flag represents that the ISP mode is not applied to the current block, based on a non-zero transform coefficient being present in a region other than a DC position of the current block, the image information includes an LFNST index related to the LFNST matrix, wherein based on the flag representing that the ISP mode is applied to the current block, the image information includes the LFNST index related to the LFNST matrix without considering of whether the non-zero transform coefficient is present in the region other than the DC position of the current block, and wherein based on a sub-partition block divided from the current block being a 4×4 block or a 8×8 block, the LFNST is applied from a top-left position of the sub-partition block up to 8th transform coefficients in a scan direction.
Claim [2]: An encoding apparatus for image encoding, the encoding apparatus comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to: determine whether to apply an Intra Sub-Partitions (ISP) mode to a current block; derive residual samples for the current block based on prediction samples for the current block; derive transform coefficients for the current block by applying a primary transform to the residual samples; derive modified transform coefficients for the current block by applying a low-frequency non-separable transform (LFNST) to the transform coefficients based on an LFNST matrix; derive quantized transform coefficients for the current block by performing a quantization on the modified transform coefficients; and encode image information including information related to the quantized transform coefficients and a flag related to whether the ISP mode is applied to the current block, wherein in case the flag represents that the ISP mode is not applied to the current block, based on a non-zero transform coefficient being present in a region other than a DC position of the current block, the image information includes an LFNST index related to the LFNST matrix, wherein based on the flag representing that the ISP mode is applied to the current block, the image information includes the LFNST index related to the LFNST matrix without considering of whether the non-zero transform coefficient is present in the region other than the DC position of the current block, and wherein based on a sub-partition block divided from the current block being a 4×4 block or an 8×8 block, 8 modified transform coefficients are derived through the LFNST.
Claim [2]: An image encoding method performed by an encoding apparatus, the method comprising: determining whether to apply an Intra Sub-Partitions (ISP) mode to a current block; deriving residual samples for the current block based on prediction samples for the current block; deriving transform coefficients for the current block by applying a primary transform to the residual samples; deriving modified transform coefficients for the current block by applying a low-frequency non-separable transform (LFNST) to the transform coefficients based on an LFNST matrix; deriving quantized transform coefficients for the current block by performing a quantization on the modified transform coefficients; and encoding image information including information related to the quantized transform coefficients and a flag related to whether the ISP mode is applied to the current block, wherein in case the flag represents that the ISP mode is not applied to the current block, based on a non-zero transform coefficient being present in a region other than a DC position of the current block, the image information includes an LFNST index related to the LFNST matrix, wherein based on the flag representing that the ISP mode is applied to the current block, the image information includes the LFNST index related to the LFNST matrix without considering of whether the non-zero transform coefficient is present in the region other than the DC position of the current block, and wherein based on a sub-partition block divided from the current block being a 4×4 block or a 8×8 block, 8 modified transform coefficients are derived through the LFNST.
Claim [3]: An apparatus for transmitting data for an image, the apparatus comprising: at least one processor configured to obtain a bitstream for the image, wherein the bitstream is generated based on determining whether to apply an Intra Sub-Partitions (ISP) mode to a current block, deriving residual samples for the current block based on prediction samples for the current block, deriving transform coefficients for the current block by applying a primary transform to the residual samples, deriving modified transform coefficients for the current block by applying a low-frequency non-separable transform (LFNST) to the transform coefficients based on an LFNST matrix, deriving quantized transform coefficients for the current block by performing a quantization on the modified transform coefficients, and encoding image information including information related to the quantized transform coefficients and a flag related to whether the ISP mode is applied to the current block; and a transmitter configured to transmit the data comprising the bitstream, wherein in case the flag represents that the ISP mode is not applied to the current block, based on a non-zero transform coefficient being present in a region other than a DC position of the current block, the image information includes an LFNST index related to the LFNST matrix, wherein based on the flag representing that the ISP mode is applied to the current block, the image information includes the LFNST index related to the LFNST matrix without considering of whether the non-zero transform coefficient is present in the region other than the DC position of the current block, and wherein based on a sub-partition block divided from the current block being a 4×4 block or an 8×8 block, 8 modified transform coefficients are derived through the LFNST.
Claim [4]: A transmission method of data for an image, the method comprising: obtaining a bitstream for the image, wherein the bitstream is generated based on determining whether to apply an Intra Sub-Partitions (ISP) mode to a current block, deriving residual samples for the current block based on prediction samples for the current block, deriving transform coefficients for the current block by applying a primary transform to the residual samples, deriving modified transform coefficients for the current block by applying a low-frequency non-separable transform (LFNST) to the transform coefficients based on an LFNST matrix, deriving quantized transform coefficients for the current block by performing a quantization on the modified transform coefficients, and encoding image information including information related to the quantized transform coefficients and a flag related to whether the ISP mode is applied to the current block; and transmitting the data comprising the bitstream, wherein in case the flag represents that the ISP mode is not applied to the current block, based on a non-zero transform coefficient being present in a region other than a DC position of the current block, the image information includes an LFNST index related to the LFNST matrix, wherein based on the flag representing that the ISP mode is applied to the current block, the image information includes the LFNST index related to the LFNST matrix without considering of whether the non-zero transform coefficient is present in the region other than the DC position of the current block, and wherein based on a sub-partition block divided from the current block being a 4×4 block or a 8×8 block, 8 modified transform coefficients are derived through the LFNST.
However, examiner notes that Nalci et al. (“Nalci”) (US Pub. No.: 2020/0396487 A1) teaches the unique limitations in the instant application regarding Nalci discloses an image decoding (see fig. 9 unit 300) and encoding apparatus (see fig. 8 unit 200) comprising: an LFNST index (see paragraph [0116]) related to the LFNST matrix (see paragraph [0221]); deriving modified transform coefficients (see paragraph [0096] and [0157]) by applying a low-frequency non-separable transform (LFNST) to the transform coefficients (see paragraph [0032]); deriving residual samples for the current block (see paragraphs [0149] and [0223]) by applying an inverse primary transform (see fig. 9 unit 308) on the modified transform coefficients (see paragraph [0096] and [0157]); and generating a reconstructed picture (see paragraph [0177]) based on the residual samples (see paragraphs [0149] and [0223]).
Therefore, it 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 could recognize the advantage of providing an image decoding and encoding apparatus based on transform by modifying Koo’s teachings in the present US Patent No.: 12,273,529 B2 for the purpose of wherein based on the flag representing that the ISP mode is applied to the current block, the image information includes the LFNST index related to the LFNST matrix without considering of whether the non-zero transform coefficient is present in the region other than the DC position of the current block, and wherein based on a sub-partition block divided from the current block being a 4×4 block or a 8×8 block, the LFNST is applied from a top-left position of the sub-partition block up to 8th transform coefficients in a scan direction, thereby improving compression efficiency.
Allowable Subject Matter
5. The following is a statement of reasons for the indication of allowable subject matter:
Claims 1-3 of the instant application would be allowable provided obviousness type double patenting rejection above is overcome.
Conclusion
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zhao et al. (US Pub. No.: 2020/0389666 A1) discloses method and apparatus for video coding.
Chiang et al. (US Patent No.: 10,855,997 B2) discloses secondary transform kernel size selection.
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Richard Carter whose telephone number is (571)270-1220. The examiner can normally be reached on M-F 8:30 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jay Patel can be reached on 571-272-2988. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/R.B.C/Examiner, Art Unit 2485
/JAYANTI K PATEL/Supervisory Patent Examiner, Art Unit 2485 July 23, 2026
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