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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/27/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
The Amendment filed 04/24/2026 has been entered. Claims 1-20 are pending in this application.
Claims 1-3, 5, 8- 10, 12, and 15-16 have been amended.
Response to Arguments
Applicant’s arguments, see Remarks, filed 04/24/2026, with respect to the Claim Rejections - 35 U.S.C. § 102 of claims 15- 20 have been fully considered and are persuasive. The Claim Rejections - 35 U.S.C. § 102 of claims 15- 20 has been withdrawn.
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 claim 1- 15, and 21- 26 of U.S. Patent No. US 12356012 B2 in view of official notice.
Although the claims at issue are not identical, they are not patentably distinct from each other because Patent No. US 12,356,012 B2 teaches the method as per Table 1 below, however failing to but the Office is taking Official Notice that it would have been common knowledge before the effective filing date of the claimed invention to store a process in the form of computer instructions on a non-transitory computer-readable medium. As they are substantially the same invention, both the corresponding patent and the claimed invention are analogous art.
Therefore, it would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to put a computer process on a computer storage mechanism as this is the only practicable means for carrying out the programming in every facet of the art.
*Note: The items below in BOLD correspond to claim limitations that are identical, or functionally identical between the instant application and Issued U.S. Patent No. 12,356,012 B2.
Pending Application
Patent No. US 12,356,012 B2
Claim 1:
A non-transitory computer-readable storage medium storing instructions that, when executed by one or more processors, cause a video processing apparatus to:
receive a bitstream including a sequence parameter set (SPS), a picture parameter set (PPS), and a plurality of subpictures associated with a subpicture identifier (ID) mapping, wherein the SPS includes a first flag;
determine whether the first flag has a first value or a second value, wherein the first flag having the first value specifies that the subpicture ID mapping is signaled in the SPS, and wherein the first flag having the second value specifies that the subpicture ID mapping is signaled in the PPS;
obtain the subpicture ID mapping from the SPS when the first flag has the first value or from the PPS when the first flag has the second value; and
decode the plurality of subpictures using the subpicture ID mapping.
Claim 1:
A method implemented by a decoder, comprising:
receiving a bitstream including a sequence parameter set (SPS), a picture parameter set (PPS), and a plurality of subpictures associated with a subpicture identifier (ID) mapping, wherein the SPS includes an SPS flag;
determining whether the SPS flag has a first value or a second value, wherein the SPS flag having the first value specifies that the subpicture ID mapping is signaled in the SPS, and wherein the SPS flag having the second value specifies that the subpicture ID mapping is signaled in the PPS;
obtaining the subpicture ID mapping from the SPS when the SPS flag has the first value and from the PPS when the SPS flag has the second value; and
decoding the plurality of subpictures using the subpicture ID mapping.
Claim 2:
The non-transitory computer-readable storage medium of claim 1, wherein the PPS includes a second flag, and wherein the one or more processors cause the video processing apparatus to:
determine whether the second flag has the first value or the second value, wherein the second flag having the first value specifies that the subpicture ID mapping is signaled in the PPS, and wherein the second flag having the second value specifies that the subpicture ID mapping is not signaled in the PPS; and
obtain the subpicture ID mapping from the PPS when the second flag has the first value.
Claim 2:
The method of claim 1, wherein the PPS includes a PPS flag, and the method further comprises:
determining whether the PPS flag has the first value or the second value, wherein the PPS flag having the first value specifies that the subpicture ID mapping is signaled in the PPS, and wherein the PPS flag having the second value specifies that the subpicture ID mapping is not signaled in the PPS; and
obtaining the subpicture ID mapping from the PPS when the PPS flag has the first value.
Claim 3:
The non-transitory computer-readable storage medium of claim 2, wherein the first flag has the first value when the second flag has the second value, and wherein the first flag has the second value when the second flag has the first value.
Claim 3:
The method of claim 2, wherein the SPS flag has the first value when the PPS flag has the second value, and wherein the SPS flag has the second value when the PPS flag has the first value.
Claim 4:
The non-transitory computer-readable storage medium of claim 1, wherein the first value is one and the second value is zero.
Claim 4:
The method of claim 1, wherein the first value is one and the second value is zero.
Claim 5:
The non-transitory computer-readable storage medium of claim 1, wherein the SPS includes a third flag, and wherein the third flag specifies whether the subpicture ID mapping is explicitly signaled in the SPS or the PPS.
Claim 5:
The method of claim 1, wherein the SPS includes a second SPS flag, and wherein the second SPS flag specifies whether the subpicture ID mapping is explicitly signaled in the SPS or the PPS.
Claim 6:
The non-transitory computer-readable storage medium of claim 1, wherein the bitstream further comprises a coded video sequence (CVS) change flag, and wherein the CVS change flag indicates whether the subpicture ID mapping is permitted to change within a CVS of the bitstream.
Claim 6:
The method of claim 1, wherein the bitstream further comprises a coded video sequence (CVS) change flag, and wherein the CVS change flag indicates whether the subpicture ID mapping is permitted to change within a coded video sequence (CVS) of the bitstream.
Claim 7:
The non-transitory computer-readable storage medium of claim 6, wherein the bitstream comprises a merged bitstream, and wherein the subpicture ID mapping has changed within the CVS of the bitstream.
Claim 7:
The method of claim 6, wherein the bitstream comprises a merged bitstream, and wherein the subpicture ID mapping has changed within the CVS of the bitstream.
Claim 8:
A non-transitory computer-readable storage medium storing instructions that, when executed by one or more processors, cause a video processing apparatus to:
encode a bitstream including a sequence parameter set (SPS), a picture parameter set (PPS), and a plurality of subpictures associated with a subpicture identifier (ID) mapping, wherein the SPS includes a first flag; and
set the first flag to a first value when the subpicture ID mapping is signaled in the SPS or to a second value when the subpicture ID mapping is signaled in the PPS.
Claim 8:
A method implemented by an encoder, the method comprising:
encoding a bitstream including a sequence parameter set (SPS), a picture parameter set (PPS), and a plurality of subpictures associated with a subpicture identifier (ID) mapping, wherein the SPS includes an SPS flag;
setting the SPS flag to a first value when the subpicture ID mapping is signaled in the SPS and to a second value when the subpicture ID mapping is signaled in the PPS; and
storing the bitstream for communication toward a decoder.
Claim 9:
The non-transitory computer-readable storage medium of claim 8, wherein the one or more processors set a second flag in the PPS to the first value when the subpicture ID mapping is signaled in the PPS and to the second value when the subpicture ID mapping is not signaled in the PPS.
Claim 9:
The method of claim 8, further setting a PPS flag in the PPS to the first value when the subpicture ID mapping is signaled in the PPS and to the second value when the subpicture ID mapping is not signaled in the PPS.
Claim 10:
The non-transitory computer-readable storage medium of claim 9, wherein the first flag has the first value when the second flag has the second value, and wherein the first flag has the second value when the second flag has the first value.
Claim 10:
The method of claim 9, wherein the SPS flag has the first value when the PPS flag has the second value, and wherein the SPS flag has the second value when the PPS flag has the first value.
Claim11:
The non-transitory computer-readable storage medium of claim 8, wherein the first value is one and the second value is zero.
Claim 11:
The method of claim 8, wherein the first value is one and the second value is zero.
Claim 12 :
The non-transitory computer-readable storage medium of claim 8, wherein the SPS includes a third flag, and wherein the third flag specifies whether the subpicture ID mapping is explicitly signaled in the SPS or the PPS.
Claim 12:
The method of claim 8, wherein the SPS includes a second SPS flag, and wherein the second SPS flag specifies whether the subpicture ID mapping is explicitly signaled in the SPS or the PPS.
Claim 13:
The non-transitory computer-readable storage medium of claim 8, wherein the bitstream further comprises a coded video sequence (CVS) change flag, and wherein the CVS change flag indicates whether the subpicture ID mapping may change within a CVS of the bitstream.
Claim 13:
The method of claim 8, wherein the bitstream further comprises a coded video sequence (CVS) change flag, and wherein the CVS change flag indicates whether the subpicture ID mapping may change within a coded video sequence (CVS) of the bitstream.
Claim 14:
The non-transitory computer-readable storage medium of claim 13, wherein the bitstream comprises a merged bitstream, and wherein the subpicture ID mapping has changed within the CVS of the bitstream.
Claim 14:
The method of claim 13, wherein the bitstream comprises a merged bitstream, and wherein the subpicture ID mapping has changed within the CVS of the bitstream.
Claim 15:
A non-transitory computer-readable storage medium storing a bitstream, the bitstream comprising video data and one or more syntax elements, the syntax elements used as instructions that describe how to reconstruct a picture by processing of the video data, the instructions executable by a video decoding device, comprising a processor, to perform a plurality of steps
wherein the bitstream comprises:
a sequence parameter set (SPS), a picture parameter set (PPS), and a plurality of subpictures associated with a subpicture identifier (ID) mapping, wherein the SPS includes a first flag,
wherein the first flag has a first value when the subpicture ID mapping is signaled in the SPS and has a second value when the subpicture ID mapping is signaled in the PPS, and
wherein a second flag in the PPS has the first value when the subpicture ID mapping is signaled in the PPS or has the second value when the subpicture ID mapping is not signaled in the PPS,
wherein the plurality of steps comprise:
decoding the SPS, the PPS, and the plurality of subpictures;
decoding the first flag and the second flag; and
reconstructing the picture based on the first flag or the second flag.
Claim 21:
An encoding device, comprising:
a memory containing instructions;
one or more processors coupled to the memory, the one or more processors configured to implement the instructions to cause the encoding device to:
encode a bitstream including a sequence parameter set (SPS), a picture parameter set (PPS), and a plurality of subpictures associated with a subpicture identifier (ID) mapping, wherein the SPS includes an SPS flag;
set the SPS flag to a first value when the subpicture ID mapping is signaled in the SPS and to a second value when the subpicture ID mapping is signaled in the PPS;
set a PPS flag in the PPS to the first value when the subpicture ID mapping is signaled in the PPS and to the second value when the subpicture ID mapping is not signaled in the PPS;
Claim 15:
A decoding device, comprising:
…
obtain the subpicture ID mapping from the SPS when the SPS flag has the first value and from the PPS when the SPS flag has the second value; and
decode the plurality of subpictures using the subpicture ID mapping.
Claim 16:
The non-transitory computer-readable storage medium of claim 15, wherein the first flag has the first value when the second flag has the second value, and wherein the first flag has the second value when the second flag has the first value.
Claim 22:
The encoding device of claim 21, wherein the SPS flag has the first value when the PPS flag has the second value, and wherein the SPS flag has the second value when the PPS flag has the first value.
Claim 17:
The non-transitory computer-readable storage medium of claim 15, wherein the first value is one and the second value is zero.
Claim 23:
The encoding device of claim 21, wherein the first value is one and the second value is zero.
Claim 18:
The non-transitory computer-readable storage medium of claim 15, wherein the bitstream further comprises a coded video sequence (CVS) change flag, and wherein the CVS change flag indicates whether the subpicture ID mapping may change within a CVS of the bitstream.
Claim 24:
The encoding device of claim 21, wherein the bitstream further comprises a coded video sequence (CVS) change flag, and wherein the CVS change flag indicates whether the subpicture ID mapping may change within a coded video sequence (CVS) of the bitstream.
Claim 19:
The non-transitory computer-readable storage medium of claim 15, wherein the subpicture ID specifies a value of a second subpicture ID for the PPS in use, and wherein the second subpicture ID identifies the PPS for reference by syntax elements.
Claim 25:
The encoding device of claim 21, wherein the subpicture ID specifies a value of a second subpicture ID for the PPS in use, and wherein the second subpicture ID identifies the PPS for reference by syntax elements.
Claim 20:
The non-transitory computer-readable storage medium of claim 19, wherein the bitstream comprises a merged bitstream, and wherein the subpicture ID mapping has changed within a coded video sequence (CVS) of the bitstream.
Claim 26:
The encoding device of claim 24, wherein the bitstream comprises a merged bitstream, and wherein the subpicture ID mapping has changed within the CVS of the bitstream.
Table 1
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHMOUD KAMAL ABOUZAHRA whose telephone number is (703)756-1694. The examiner can normally be reached M-F 7:00 AM to 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jamie Atala can be reached at (571) 272-7384. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAHMOUD KAMAL ABOUZAHRA/Examiner, Art Unit 2486
/JAMIE J ATALA/Supervisory Patent Examiner, Art Unit 2486
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