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 .
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).
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Claims 1-4 and 6-11 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2-5, and 7-11 of copending Application No. 19116841 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because
Instant Application
Application No. 19116841
1. An image decoding method, the method comprising:
deriving transform coefficients of a current block from a bitstream;
performing at least one of a dequantization or an inverse transform on the transform coefficients of the current block to derive residual samples of the current block; wherein the inverse transform is performed based on a non-separable primary inverse transform kernel, and
reconstructing the current block based on the residual samples of the current block.
2. The method of claim 1, wherein the non-separable primary inverse transform kernel is a kernel in which N transform coefficients are input and M transform coefficients are output, and wherein N is smaller than M.
3. The method of claim 2, wherein the N is variably determined based on a predefined encoding parameter.
4. The method of claim 3, wherein the encoding parameter includes at least one of a block size, inter prediction information, intra prediction information or a quantization parameter.
6. The method of claim 1, wherein the non-separable primary inverse transform kernel is selected based on a size or a shape of the current block among a plurality of kernel candidates.
7. The method of claim 1, wherein deriving the residual samples includes: determining a transform set for a non-separable primary inverse transform based on an intra prediction mode of the current block; and deriving the non-separable primary inverse transform kernel from the transform set.
8. The method of claim 7, wherein the transform set is determined based on the intra prediction mode of the current block and a pre-defined mapping table.
9. An image encoding method, the method comprising:
deriving residual samples of a current block;
performing at least one of a transform or a quantization on the residual samples of the current block to derive transform coefficients of the current block; wherein the transform is performed based on a non-separable primary transform kernel, and
encoding the transform coefficients of the current block.
10. A computer readable storage medium storing a bitstream generated by an image encoding method according to claim 9.
11. A method for transmitting data, the method comprising:
obtaining a bitstream for image information; wherein the bitstream is generated by deriving residual samples of a current block, performing at least one of a transform or a quantization on the residual samples of the current block to derive transform coefficients of the current block, and encoding the transform coefficients of the current block, and
transmitting data including the bitstream,
wherein the transform is performed based on a non-separable primary transform kernel.
1. An image decoding method, the method comprising:
deriving transform coefficients of a current block from a bitstream;
performing at least one of a dequantization or an inverse transform on the transform coefficients of the current block to derive residual samples of the current block; wherein a transform kernel for the inverse transform is determined based on a plurality of predefined transform kernels, and the plurality of predefined transform kernels include at least one of a non- separable primary inverse transform kernel or a trigonometric function-based primary transform kernel, and
reconstructing the current block based on the residual samples of the current block.
3. The method of claim 1, wherein the non-separable primary inverse transform kernel is a kernel in which N transform coefficients are input and M transform coefficients are output, and wherein N is smaller than M.
4. The method of claim 3, wherein the N is variably determined based on a predefined encoding parameter.
5. The method of claim 3, wherein the encoding parameter includes at least one of a block size, inter prediction information, intra prediction information or a quantization parameter.
1. … wherein a transform kernel for the inverse transform is determined based on a plurality of predefined transform kernels, and the plurality of predefined transform kernels include at least one of a non- separable primary inverse transform kernel or a trigonometric function-based primary transform kernel…
7. The method of claim 1, wherein deriving the residual samples includes: determining a transform set for a non-separable primary inverse transform based on an intra prediction mode of the current block; and deriving the non-separable primary inverse transform kernel from the transform set.
8. The method of claim 7, wherein the transform set is determined based on the intra prediction mode of the current block and a pre-defined mapping table.
9. An image encoding method, the method comprising:
deriving residual samples of a current block;
performing at least one of a transform or a quantization on the residual samples of the current block to derive transform coefficients of the current block; wherein a transform kernel for the transform is determined based on a plurality of predefined transform kernels, and the plurality of predefined transform kernels include at least one of a non-separable primary transform kernel or a trigonometric function-based primary transform kernel, and
encoding the transform coefficients of the current block.
10. A computer readable storage medium storing a bitstream generated by an image encoding method according to claim 9.
11. A method for transmitting data, the method comprising:
obtaining a bitstream for image information; wherein the bitstream is generated by deriving residual samples of a current block, performing at least one of a transform or a quantization on the residual samples of the current block to derive transform coefficients of the current block, and encoding the transform coefficients of the current block, and
transmitting data including the bitstream,
wherein a transform kernel for the transform is determined based on a plurality of predefined transform kernels, and the plurality of predefined transform kernels include at least one of a non-separable primary transform kernel or a trigonometric function-based primary transform kernel.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim 5 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 19116841 in view of Sim et al. (US 20260107015 A1, hereinafter Sim).
Concerning claim 5, the copending Application teaches the method according to claim 1. Not explicitly taught is the method, wherein whether a non-separable primary inverse transform is applied by the inverse transform is determined based on a size or a shape of the current block; however, Sim teaches determining if a non-separable primary inverse transform is to be applied based on if the width and/or height of the current transform block is larger than a threshold (¶0164). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the teachings of the copending application and Sim in order to determine if a non-separable primary inverse transform can be applied to the current block (Sim, ¶0164).
This is a provisional nonstatutory double patenting rejection.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 10 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter, as they do not fall under any of the statutory classes of inventions. These claims are directed towards computer readable storage medium which is not limited to falling under the statutory classes of invention set forth. These claims in using the term “computer readable storage medium,” in accordance with paragraphs [0016]-[0017] of pages 2-3 in Applicants’ Specification, allows for the computer readable storage medium to be signals. Based on current USPTO Policy, when the computer readable medium is not specifically defined as non-transitory in the Specification the broadest reasonable interpretation is used according to MPEP 2111, thus the computer readable medium may embody signals, i.e. transitory media. Examiner suggests that Applicants amend the claims to add a limitation to direct the language of the ‘computer readable storage medium’ claims to only include the non-transitory embodiment which would remove the possibility of claiming signals.
Claim Rejections - 35 USC § 102
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.
Claims 10 is rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Chono et al. (US 20130101037 A1; hereinafter Chono).
Concerning claim 10, the claim is directed to a computer readable storage medium storing a bitstream generated by a method. The claimed computer readable storage medium does not implement any method and/or execute any instructions/steps. Instead, the claimed storage medium merely stores the data output from and/or generated by a method. That is to say, the claims are directed to mere machine-readable medium storing data content (a bitstream generated by a method).
Applicant seeks to patent the storage of a bitstream in the abstract. That is to say, the claim seeks to patent the content of the information (bitstream with video content) and not the process itself. Moreover, the stored bitstream does not impose any definitive physical organization on the data and there is no functional relationship between the bitstream and the storage medium. To be given patentable weight, computer readable medium 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 computer-readable medium to which it is associated. See MPEP §2111.05(I)(A). When a claimed “computer readable medium merely serves as a support for the information data (i.e., an encoded bitstream), no functional relationship exists”. MPEP §2111.05(III). The storage medium storing the claimed bitstream in claim 10 merely services as a support for the storage of the bitstream and provides no functional relationship between the stored bitstream and storage medium. 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 Chono et al. which teaches a storage medium storing a bitstream (fig. 10: storage medium 1004; ¶0136).
Claims 1 and 9-11 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Naser et al. (US 20220312040 A1; hereinafter Naser).
Examiner Note
Independent claims 1 and 9-11, as currently constructed, include contingent limitations. The broadest reasonable interpretation (BRI) of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met. See MPEP 2111.04(II). Language that suggests or makes a feature or step optional but does not require that feature or step does not limit the scope of a claim under the broadest reasonable claim interpretation. In addition, when a claim requires selection of an element from a list of alternatives, the prior art teaches the element if one of the alternatives is taught by the prior art. See MPEP 2143.03. In this case, the “wherein” clause only applies when the “inverse transform” step is performed. Accordingly, this clause is not required when the “dequantization” step is performed because the claims state “performing at least one of a dequantization or an inverse transform”.
Concerning claim 1, Naser teaches an image decoding method, the method comprising:
deriving transform coefficients of a current block from a bitstream (fig. 2: entropy decoder 230, ¶0066);
performing at least one of a dequantization on the transform coefficients of the current block to derive residual samples of the current block (fig. 2: inverse quantization 240, ¶0066); and
reconstructing the current block based on the residual samples of the current block (fig. s: adder 255, ¶0066: “Combining (255) the decoded prediction residuals and the predicted block, an image block is reconstructed.”).
Concerning claims 9 and 10, Naser teaches an image encoding method (¶0055: The method may be implemented in a computer readable storage medium), the method comprising:
deriving residual samples of a current block (fig. 1: subtractor 110, ¶0062);
performing at least one of a quantization on the residual samples of the current block to derive transform coefficients of the current block (fig. 1: quantization 130, ¶0063); and
encoding the transform coefficients of the current block (fig. 1: entropy coding 145, ¶0063).
Concerning claim 11, Naser teaches a method for transmitting data (¶0055: “transmitting a bitstream”), the method comprising:
obtaining a bitstream for image information (¶0055; ¶0108); wherein the bitstream is generated by deriving residual samples of a current block (fig. 1: subtractor 110, ¶0062);
performing at least one of a quantization on the residual samples of the current block to derive transform coefficients of the current block (fig. 1: quantization 130, ¶0063); and
encoding the transform coefficients of the current block (fig. 1: entropy coding 145, ¶0063), and
transmitting data including the bitstream (¶0055; ¶0108).
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.
Claims 1-11 are rejected under 35 U.S.C. 102 (a)(2) as being anticipated by Sim et al. (US 20260107015 A1, claiming foreign benefit of Sep. 29, 2022; hereinafter Sim).
Concerning claim 1, Sim teaches an image decoding method, the method comprising:
deriving transform coefficients of a current block from a bitstream (fig. 5: entropy decoder 510, ¶0088);
performing at least one of a dequantization (fig. 5: inverse quantizer 520, ¶0090) or an inverse transform on the transform coefficients of the current block to derive residual samples of the current block (fig. 5: inverse transformer 530, ¶0091); wherein the inverse transform is performed based on a non-separable primary inverse transform kernel (fig. 6: inverse transformer 530, ¶0138; fig. 7, ¶0141), and
reconstructing the current block based on the residual samples of the current block (fig. 5: adder 550, ¶0136).
Concerning claim 2, Sim further teaches the method of claim 1, wherein the non-separable primary inverse transform kernel is a kernel in which N transform coefficients are input and M transform coefficients are output (¶¶0174-0180 & figs. 12A-12B: primary coefficient vector), and
wherein N is smaller than M (¶¶0174-0180 & figs. 12A-12B).
Concerning claim 3, Sim further teaches the method of claim 2, wherein the N is variably determined based on a predefined encoding parameter (¶0176: block size).
Concerning claim 4, Sim further teaches the method of claim 2, wherein the encoding parameter includes at least one of a block size (¶0176: block size), inter prediction information, intra prediction information or a quantization parameter.
Concerning claim 5, Sim further teaches the method of claim 1, wherein whether a non-separable primary inverse transform is applied by the inverse transform is determined based on a size or a shape of the current block (¶0164).
Concerning claim 6, Sim further teaches the method of claim 1, wherein the non-separable primary inverse transform kernel is selected based on a size or a shape of the current block among a plurality of kernel candidates (¶0214 & ¶0218).
Concerning claim 7, Sim further teaches the method of claim 1, wherein deriving the residual samples includes:
determining a transform set for a non-separable primary inverse transform based on an intra prediction mode of the current block (¶0141: kernel set); and
deriving the non-separable primary inverse transform kernel from the transform set (¶0141).
Concerning claim 8, Sim further teaches the method of claim 7, wherein the transform set is determined based on the intra prediction mode of the current block and a pre-defined mapping table (¶¶0154-0155 & Table 7).
Concerning claims 9 and 10, Sim teaches an image encoding method (¶0078 & ¶0231: stored in “storage media/medium”), the method comprising:
deriving residual samples of a current block (fig. 1: subtractor 130, ¶0065);
performing at least one of a transform or a quantization on the residual samples of the current block to derive transform coefficients of the current block (fig. 1: transformer 140, ¶0066; fig. 1: quantizer 145, ¶0068); wherein the transform is performed based on a non-separable primary transform kernel (¶0185), and
encoding the transform coefficients of the current block (fig. 1: entropy encoder 155, ¶0071).
Concerning claim 11, Sim teaches a method for transmitting data, the method comprising:
obtaining a bitstream for image information (¶0078: a video decoding device receives the bitstream); wherein the bitstream is generated by deriving residual samples of a current block (fig. 1: subtractor 130, ¶0065), performing at least one of a transform or a quantization on the residual samples of the current block to derive transform coefficients of the current block (fig. 1: transformer 140, ¶0066; fig. 1: quantizer 145, ¶0068), and encoding the transform coefficients of the current block (fig. 1: entropy encoder 155, ¶0071), and
transmitting data including the bitstream (¶0078),
wherein the transform is performed based on a non-separable primary transform kernel (¶0185).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES M ANDERSON II whose telephone number is (571)270-1444. The examiner can normally be reached Monday - Friday 10AM-6PM.
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/James M Anderson II/Primary Examiner, Art Unit 2425
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