DETAILED ACTION
1. This is a first office action in response to application no. 19/115,123 filed on March 25, 2025 in which claims 1-15 are presented for examination.
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
2. 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).
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3. Claims 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 U.S. Patent no. 12,537,963 to Jeon et al.
Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of the instant application and claim 1 of Patent no. 12,537,963 are drawn to the same invention. A close look at the instant application will show that independent claim 1 of the instant application call for a method of intra predicting a current chroma block by a video decoding device, the method comprising: decoding a cross-component prediction mode for making a cross-component prediction for the current chroma block, the cross-component prediction predicting the current chroma block by using pixels of a corresponding luma region with respect to the current chroma block and the corresponding luma region; generating a first predictor of the current chroma block by performing the cross- component prediction based on the cross-component prediction mode; inferring a representative mode from reconstructed information on a neighboring chroma pixel region that comprises pixels neighboring the current chroma block, the reconstructed information containing values of pixels in the neighboring chroma pixel region, positions of the pixels, and a number of the pixels; generating a second predictor of the current chroma block by performing an intraprediction that uses neighboring pixels of the current chroma block based on the representative mode; deriving weights for the first predictor and the second predictor; and generating an intra predictor of the current chroma block by weight summing the first predictor and the second predictor by using the weights.
Claim 1 of cited Patent no. 12,537,963 call for similar limitations. In fact, independent claim 1 of the cited Patent call for an intra prediction method for a current chroma block performed by a video decoding apparatus, the intra prediction method comprising: determining a cross-component prediction mode for cross-component prediction for the current chroma block, wherein the cross-component prediction includes predicting the current chroma block using pixels in a corresponding luma region of the current chroma block; generating a first predictor of the current chroma block by performing the cross-component prediction based on the cross-component prediction mode; inferring, as a representative mode, an intra prediction mode derived from neighboring regions of the current chroma block; generating a second predictor of the current chroma block by performing intra prediction using neighboring pixels of the current chroma block based on the representative mode; deriving weights for the first predictor and the second predictor; and generating an intra predictor of the current chroma block by performing weighted sum on the first predictor and the second predictor using the weights.
Claim 13 of the instant application calls for limitations similar to the limitations of claim 12 of US Patent no. 12,537,963. In fact, claim 13 of the instant application calls for a method of intra predicting a current chroma block by a video encoding device, the method comprising: determining a cross-component prediction mode for making a cross-component prediction for the current chroma block, the cross-component prediction predicting the current chroma block by using pixels of a corresponding luma region with respect to the current chroma block and the corresponding luma region; generating a first predictor of the current chroma block by performing the cross- component prediction based on the cross-component prediction mode; inferring a representative mode from reconstructed information on a neighboring chroma pixel region that comprises pixels neighboring the current chroma block, the reconstructed information containing values of pixels in the neighboring chroma pixel region, positions of the pixels, and a number of the pixels; generating a second predictor of the current chroma block by performing an intra prediction that uses neighboring pixels of the current chroma block based on the representative mode; deriving weights for the first predictor and the second predictor; and generating an intra predictor of the current chroma block by weight summing the first predictor and the second predictor by using the weights.
Claim 12 of Patent no. 12,537,963 calls for an intra prediction method for a current chroma block performed by a video encoding apparatus, the intra prediction method comprising: determining a cross-component prediction mode for cross-component prediction for the current chroma block, wherein the cross-component prediction includes predicting the current chroma block using pixels in a corresponding luma region for the current chroma block; generating a first predictor of the current chroma block by performing the cross-component prediction based on the cross-component prediction mode; inferring, as a representative mode, an intra prediction mode derived from neighboring regions of the current chroma block; generating a second predictor of the current chroma block by performing intra prediction using neighboring pixels of the current chroma block based on the representative mode; deriving weights for the first predictor and the second predictor; and generating an intra predictor of the current chroma block by performing weighted sum on the first predictor and the second predictor using the weights.
Claim 15 of the instant application calls for limitations similar to the limitations of claim 13 of US Patent no. 12,537,963. In fact, claim 15 of the instant application calls for a computer-readable recording medium storing a bitstream generated by a video encoding method, the video encoding method comprises: determining a cross-component prediction mode for making a cross-component prediction for a current chroma block, the cross-component prediction predicting the current chroma block by using pixels of a corresponding luma region for the current chroma block and the corresponding luma region; generating a first predictor of the current chroma block by performing the cross- component prediction based on the cross-component prediction mode; inferring a representative mode from reconstructed information on a neighboring chroma pixel region that comprises pixels neighboring the current chroma block, the reconstructed information containing values of pixels in the neighboring chroma pixel region, positions of the pixels, and a number of the pixels; generating a second predictor of the current chroma block by performing an intra prediction that uses neighboring pixels of the current chroma block based on the representative mode; deriving weights for the first predictor and the second predictor; and generating an intra predictor of the current chroma block by weight summing the first predictor and the second predictor by using the weights.
Claim 13 of Patent no. 12,537,963 calls for a method for providing a video decoding apparatus with video data, the method comprising: encoding the video data into a bitstream; and transmitting the bitstream to the video decoding device, wherein encoding the video data comprises: determining a cross-component prediction mode for cross-component prediction for a current chroma block, wherein the cross-component prediction includes predicting the current chroma block using pixels in a corresponding luma region for the current chroma block; generating a first predictor of the current chroma block by performing the cross-component prediction based on the cross-component prediction mode; inferring, as a representative mode from prediction modes of adjacent blocks, an intra prediction mode derived from neighboring regions of the current chroma block; generating a second predictor of the current chroma block by performing intra prediction using neighboring pixels of the current chroma block based on the representative mode; deriving weights for the first predictor and the second predictor; and generating an intra predictor of the current chroma block by performing weighted sum on the first predictor and the second predictor using the weights.
The difference between the instant examined claim and the conflicting patented claim is that the conflicting patented claims is narrower in scope and falls within the scope of the examined claims. Thus, the claims of the instant application are anticipated by the patented claims since the claims of the present application are broader. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1)
Claims 2-12 and 14 are rejected by their dependency to claim 1.
Claim interpretation
4. Patentable weight is given to data stored on a computer-readable medium when there exists a functional relationship between the data and its associated substrate. MPEP 2111.05 III. For example, if a claim is drawn to a computer-readable medium containing programming, a functional relationship exists if the programming “performs some function with respect to the computer with which it is associated.” Id. However, if the claim recites that the computer-readable medium merely serves as a support for information or data, no functional relationship exists and the information or data is not given patentable weight.
Claim 15 is directed to a computer-readable recording medium storing a bitstream generated by a video encoding method, the video encoding method comprises: determining a cross-component prediction mode for making a cross-component prediction for a current chroma block, the cross-component prediction predicting the current chroma block by using pixels of a corresponding luma region for the current chroma block and the corresponding luma region; generating a first predictor of the current chroma block by performing the cross- component prediction based on the cross-component prediction mode; inferring a representative mode from reconstructed information on a neighboring chroma pixel region that comprises pixels neighboring the current chroma block, the reconstructed information containing values of pixels in the neighboring chroma pixel region, positions of the pixels, and a number of the pixels; generating a second predictor of the current chroma block by performing an intra prediction that uses neighboring pixels of the current chroma block based on the representative mode; deriving weights for the first predictor and the second predictor; and generating an intra predictor of the current chroma block by weight summing the first predictor and the second predictor by using the weights.
These elements or contents are not performed by an intended computer, and the bitstream is not a form of programming that causes functions to be performed by an intended computer. This shows that the computer-readable medium merely serves as support for the bitstream and provides no functional
relationship between the contents/elements that describe the generation of the bitstream and intended computer system. Therefore, those claim contents/elements are not given patentable weight. Thus, the claim scope is just a storage medium storing data and is anticipated by CHOI et al. (US Patent Application Publication no. 2021/0368165) See Choi ([0017]-[0018] and [0057]).
Claim Rejections - 35 USC § 102
5. 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.
6. 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
7. Claim 15 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Choi et al. (US Patent Application Publication no. 2021/0368165).
Regarding claim 15, Choi discloses a computer-readable recording medium storing a bitstream generated by a video encoding method, the video encoding method comprises: determining a cross-component prediction mode for making a cross-component prediction for a current chroma block, the cross-component prediction predicting the current chroma block by using pixels of a corresponding luma region for the current chroma block and the corresponding luma region; generating a first predictor of the current chroma block by performing the cross- component prediction based on the cross-component prediction mode; inferring a representative mode from reconstructed information on a neighboring chroma pixel region that comprises pixels neighboring the current chroma block, the reconstructed information containing values of pixels in the neighboring chroma pixel region, positions of the pixels, and a number of the pixels; generating a second predictor of the current chroma block by performing an intra prediction that uses neighboring pixels of the current chroma block based on the representative mode; deriving weights for the first predictor and the second predictor; and generating an intra predictor of the current chroma block by weight summing the first predictor and the second predictor by using the weights. See Choi ([0017]-[0018] and [0057]).
NOTE: The Applicant is reminded that the Examiner only had to show a non-transitory storage medium storing a bitstream as disclosed in Choi above. Patentable weight was not given to claim 15 as the limitations were met as being anticipated by Choi.
Claim Rejections - 35 USC § 102
8. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
9. Claims 1, 13 and 15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by anticipated over Huo et al. (US Patent Application Publication no. 2025/0039413).
Regarding claim 1, Huo discloses a method of intra predicting a current chroma block by a video decoding device (See Huo [0073]), the method comprising: decoding a cross-component prediction mode for making a cross-component prediction for the current chroma block (Huo [0037]), the cross-component prediction predicting the current chroma block by using pixels of a corresponding luma region with respect to the current chroma block and the corresponding luma region (See Huo [0037], [0039]); generating a first predictor of the current chroma block by performing the cross-component prediction based on the cross-component prediction mode (See Huo [0181]); inferring a representative mode from reconstructed information on a neighboring chroma pixel region that comprises pixels neighboring the current chroma block (See Huo [0286]), the reconstructed information containing values of pixels in the neighboring chroma pixel region, positions of the pixels, and a number of the pixels (See Huo [0038]-[0039]); generating a second predictor of the current chroma block by performing an intraprediction that uses neighboring pixels of the current chroma block based on the representative mode; deriving weights for the first predictor and the second predictor (See Huo [0062], and [0075]); and generating an intra predictor of the current chroma block by weight summing the first predictor and the second predictor by using the weights (See Huo [0017], [0183] and [0240]).
As per claim 13, Huo discloses a method of intra predicting a current chroma block by a video encoding device (See Huo [0073]), the method comprising: determining a cross-component prediction mode for making a cross-component prediction for the current chroma block (See Huo [0037]), the cross-component prediction predicting the current chroma block by using pixels of a corresponding luma region with respect to the current chroma block and the corresponding luma region (See Huo [0037], [0039]); generating a first predictor of the current chroma block by performing the cross- component prediction based on the cross-component prediction mode (See Huo [0181]); inferring a representative mode from reconstructed information on a neighboring chroma pixel region that comprises pixels neighboring the current chroma block (See Huo [0286]), the reconstructed information containing values of pixels in the neighboring chroma pixel region, positions of the pixels, and a number of the pixels (See Huo [0038]-[0039]); generating a second predictor of the current chroma block by performing an intra prediction that uses neighboring pixels of the current chroma block based on the representative mode; deriving weights for the first predictor and the second predictor (See Huo [0062], and [0075]); and generating an intra predictor of the current chroma block by weight summing the first predictor and the second predictor by using the weights (See Huo [0017], [0183] and [0240]).
Regarding claim 15, Huo discloses a computer-readable recording medium storing a bitstream generated by a video encoding method, (See Huo [0626]) the video encoding method comprises: determining a cross-component prediction mode for making a cross-component prediction for a current chroma block (See Huo [0037]), the cross-component prediction predicting the current chroma block by using pixels of a corresponding luma region for the current chroma block and the corresponding luma region (See Huo [0037], [0039]); generating a first predictor of the current chroma block by performing the cross- component prediction based on the cross-component prediction mode (See Huo [0181]); inferring a representative mode from reconstructed information on a neighboring chroma pixel region that comprises pixels neighboring the current chroma block (See Huo [0286]), the reconstructed information containing values of pixels in the neighboring chroma pixel region, positions of the pixels, and a number of the pixels (See Huo [0038]-[0039]); generating a second predictor of the current chroma block by performing an intra prediction that uses neighboring pixels of the current chroma block based on the representative mode; deriving weights for the first predictor and the second predictor (See Huo [0062], and [0075]); and generating an intra predictor of the current chroma block by weight summing the first predictor and the second predictor by using the weights (See Huo [0017], [0183] and [0240]).
As per claim 14, Huo further discloses encoding the cross-component prediction mode (See Huo [0037]).
10. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
See the Notice of References Cited (PTO-892).
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/GIMS S PHILIPPE/Primary Examiner, Art Unit 2424
