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 .
Status of the Application
Claims 1-14 are currently pending in this application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/10/2025 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 10 and 11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 10 recites the limitation "the intra prediction mode" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "the intra prediction mode" in line 1. There is insufficient antecedent basis for this limitation in the claim.
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 13 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because it is related to a signal per se. The claims do not define a non-transitory computer-readable recording media and is thus non-statutory for that reason (i.e., "When functional descriptive material is recorded on some non-transitory computer-readable medium it becomes structurally and functionally interrelated to the non- transitory medium and will be statutory in most cases since use of technology permits the function of the descriptive material to be realized"- Guidelines Annex IV).
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.
Claim(s) 13 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by LEE et al. (Hereafter, “Lee426”) [US 2022/0086426 A1].
Regarding claim 13, the claim limitations and recitations of, “computer-readable recording medium for storing a bitstream generated using the method, …” is a non- functional descriptive material, wherein no functional relationship exists between the recording medium and the data. "To be given patentable weight, the printed matter and associated product must be in a functional relationship. A functional relationship can be found where the printed matter performs some function with respect to the product to which it is associated". MPEP §2111.05(i)(A). When a claimed "computer-readable medium merely serves as a support for information or data, no functional relationship exists. MPEP §2111.05(III). The computer-readable recording medium storing the bitstream in claim 13 merely services as a support for the storage of the bitstream and provides no functional relationship between the bitstream and the computer-readable recording medium. Therefore, the structure data is non-functional descriptive material and given no patentable weight. MPEP §2111.05(III). Thus, the claim scope is just a computer-readable recording medium storing a bitstream generated by a method and is anticipated by Lee426 which recites a computer-readable recording medium storing the bitstream ([0148] a bitstream stored in a computer readable recording medium).
Regarding claim 14, the claim limitations and recitations of, “method of transmitting a bitstream generated using an image encoding method, …” is a non- functional descriptive material, wherein the bitstream has no functional relationship with the claimed method for transmitting the bitstream. "To be given patentable weight, the printed matter and associated product must be in a functional relationship. A functional relationship can be found where the printed matter performs some function with respect to the product to which it is associated". MPEP §2111.05(i)(A). The contents of the bitstream, defined by how the bitstream was generated, only describes the content of the information in the bitstream and as result are descriptive language. See MPEP §2111.05. The claim scope (in light of the specification) describes the generation of bitstream in terms of how the video gets encoded within the bitstream, there is provided no functional relationship between the bitstream’s contents once generated and the process for transmitting the bitstream. As result, the contents of the bitstream are non-functional descriptive language and will be given not patentable weight. Thus, the claim scope is just the transmission of a bitstream and is anticipated by Lee426 which recites the transmission of a bitstream ([0148] a bitstream that is streamed through a wired/wireless transmission medium).
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole 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. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-8 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (Hereafter, “Li”) [US 2019/0141318 A1] in view of LEE [US 2019/0313116 A1].
Regarding claim 1, Li discloses a method of decoding an image performed by an image decoding apparatus ([0011] an encoder or decoder performs mode-dependent padding to replace one or more unavailable sample values during intra-picture prediction with multiple candidate reference lines available), the method comprising: selecting a first reference sample line for a current block ([0011] selecting one of multiple candidate reference lines of sample values [0294] To start, the encoder or decoder selects (3110) one of multiple candidate reference lines of sample values outside the current block.); determining whether some reference samples in the first reference sample line are available ([0011] the encoder or decoder determines that a sample value of the selected reference line is unavailable at a given position of the selected reference line [0295] The encoder or decoder determines (3120) that a sample value of the selected reference line is unavailable at a given position of the selected reference line. ); and deriving a second reference sample line for the current block on the basis of the determination ([0011] The encoder or decoder identifies a padding direction of an intra-picture prediction mode, then determines a sample value of another reference line on a projection through the given position of the selected reference line in the padding direction. [0297] The encoder or decoder determines (3140) a sample value, if any, available on another reference line on a projection, in the padding direction, through the given position of the selected reference line.).
Lee discloses a method of decoding an image performed by an image decoding apparatus ([0011] A method and an apparatus for encoding a video signal according to the present invention), the method comprising: selecting a first reference sample line for a current block ([0011] select a reference sample line used for intra prediction of the current block among the plurality of reference sample lines); determining whether some reference samples in the first reference sample line are available ([0011] if an unavailable reference sample is included in a first reference sample line among the plurality of reference sample lines); and deriving a second reference sample line for the current block on the basis of the determination ([0011] the unavailable reference sample is replaced with an available reference sample included in a second reference sample line different from the first reference sample line.).
It would have been obvious to modify the teachings of Li with the teachings of Lee in order to improve the coding performance of the system [See Lee].
Regarding claim 2, the limitations of claim 1 have been addressed. Li discloses wherein the second reference sample line is acquired by deriving a value of at least one reference sample using a reference sample line other than the first reference sample line on the basis of at least one reference sample being unavailable in the first reference sample line ([0011] For example, after selecting one of multiple candidate reference lines of sample values, the encoder or decoder determines that a sample value of the selected reference line is unavailable at a given position of the selected reference line. The encoder or decoder identifies a padding direction of an intra-picture prediction mode, then determines a sample value of another reference line on a projection through the given position of the selected reference line in the padding direction. The encoder or decoder sets the unavailable sample value at the given position of the selected reference line based at least in part on the determined sample value of the other reference line.).
Regarding claim 3, the limitations of claim 2 have been addressed. Li discloses wherein a reference sample used for deriving the value of the at least one of reference sample in the other reference sample line is determined on the basis of a distance from the at least one reference sample ([0011] The encoder or decoder identifies a padding direction of an intra-picture prediction mode, then determines a sample value of another reference line on a projection through the given position of the selected reference line in the padding direction. The encoder or decoder sets the unavailable sample value at the given position of the selected reference line based at least in part on the determined sample value of the other reference line.).
Lee discloses wherein a reference sample used for deriving the value of the at least one of reference sample in the other reference sample line is determined on the basis of a distance from the at least one reference sample ([0012] In the method and the apparatus for encoding/decoding a video signal according to the present invention, the unavailable reference sample is replaced with an available reference sample which has a shortest distance from the unavailable reference sample among available reference samples included in the first reference sample line or in the second reference sample line.).
It would have been obvious to modify the teachings of Li with the teachings of Lee in order to improve the coding performance of the system [See Lee].
Regarding claim 4, the limitations of claim 3 have been addressed. Li discloses wherein the reference sample used for deriving the value of the at least one reference sample value is determined to be a reference sample closest to the at least one reference sample ([0297] For example, the encoder or decoder evaluates one or more positions along the projection in one or more candidate reference lines, in order of increasing distance away from the given position of selected reference line, until an available sample value is determined in one of the candidate reference line(s) along the projection in the padding direction.).
Regarding claim 5, the limitations of claim 3 have been addressed. Li discloses wherein the reference sample used for deriving the at least one reference sample value is determined on the basis of any one of a horizontal distance from the at least one reference sample, a vertical distance from the at least one reference sample, and a distance in a direction of an intra prediction mode of the at least one reference sample ([0296 and Fig. 28] The encoder or decoder identifies (3130) a padding direction of an intra-picture prediction mode. For example, the padding direction is a prediction direction for an angular prediction mode having the prediction direction. Or, for a non-directional prediction mode such as DC prediction mode or planar prediction mode, the padding direction is vertical or horizontal. [0297] The encoder or decoder determines (3140) a sample value, if any, available on another reference line on a projection, in the padding direction, through the given position of the selected reference line. For example, the encoder or decoder evaluates one or more positions along the projection in one or more candidate reference lines, in order of increasing distance away from the given position of selected reference line, until an available sample value is determined in one of the candidate reference line(s) along the projection in the padding direction. The available sample value can be available, without padding, at an integer-sample offset horizontally and vertically in one of the candidate reference line(s). Or, the available sample value can be derived by interpolation from sample values available, without padding, at integer-sample offsets horizontally and vertically in one of the candidate reference line(s). In this case, the determining the sample value can include interpolating the sample value at a fractional-sample offset horizontally and/or vertically in another reference line.).
Regarding claim 6, the limitations of claim 1 have been addressed. Li discloses further comprising generating a reference sample line list including the second reference sample line on the basis of at least one reference sample being unavailable in the first reference sample line, wherein the first reference sample line is not included in the reference sample line list ([0011] multiple candidate reference lines available [0278] Along the padding direction, a projection passes through the given position (with the unavailable sample value) and through the position(s) of the other reference line(s). The reference sample value(s) on the projection can be on either side of the given position with the unavailable sample value. [0280] The reference sample value(s) on the projection are checked sequentially, starting at the position closest to the given position (with the unavailable sample value), and continuing outward, until a position is found with an available, actual reference sample value or the last position is evaluated. If two positions are equidistant from the given position with the unavailable sample value, the position closer to the current block is checked first. If an available, actual sample value is found, that sample value is used in place of the unavailable sample value in the given position.).
Regarding claim 7, the limitations of claim 6 have been addressed. Li discloses wherein the second reference sample line is composed of available samples ([0278-0280] The reference sample value(s) on the projection are checked sequentially, starting at the position closest to the given position (with the unavailable sample value), and continuing outward, until a position is found with an available, actual reference sample value or the last position is evaluated. If two positions are equidistant from the given position with the unavailable sample value, the position closer to the current block is checked first. If an available, actual sample value is found, that sample value is used in place of the unavailable sample value in the given position.).
Regarding claim 8, the limitations of claim 1 have been addressed. Li discloses wherein whether the reference samples in the first reference sample line are available is determined on the basis of whether the samples included in the first reference sample line are outside a picture boundary, a sub-picture boundary, a slice boundary, a tile boundary, a virtual pipeline data unit (VPDU) boundary, or a coding tree unit (CTU) boundary ([0295] The encoder or decoder determines (3120) that a sample value of the selected reference line is unavailable at a given position of the selected reference line. For example, the given position is outside a picture boundary, outside a slice boundary, not reconstructed yet, constrained to not be used for reference in intra-picture prediction, or otherwise unavailable for use in intra-picture prediction.).
Claim 12 lists all the same elements of claim 1, but in encoding form rather than decoding form. Therefore, the supporting rationale of the rejection to claim 1 applies equally as well to claim 12.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Lee in further view of LEE et al. (Hereafter, “Lee426” [US 2022/0086426 A1].
Regarding claim 9, the limitations of claim 1 have been addressed. Li fails to explicitly disclose further comprising generating an intra prediction candidate list of the current block, wherein, on the basis of at least one reference sample being unavailable in the first reference sample line, the intra prediction candidate list is composed of intra prediction modes that do not refer to the unavailable reference sample.
Lee426 discloses further comprising generating an intra prediction candidate list of the current block, wherein, on the basis of at least one reference sample being unavailable in the first reference sample line, the intra prediction candidate list is composed of intra prediction modes that do not refer to the unavailable reference sample ([0249] The intra prediction mode of an unavailable neighbor block may be replaced by a predetermined intra prediction mode. The predetermined intra prediction mode may be, for example, a DC mode, a Planar mode, a vertical mode, a horizontal mode and/or a diagonal mode. For example, when the neighbor block is located outside the boundary of at least one predetermined unit such as a picture, a slice, a tile or a coding tree unit (CTU), is subjected to inter prediction or is encoded in a PCM mode, the neighbor block may be determined as being unavailable. In contrast, when the neighbor block is an inter prediction block and an indicator (e.g., inter_intra_flag) indicating whether inter prediction and intra prediction are combined is 1, the neighbor block may be determined as being available. [0250] For example, when the neighbor block is an upper block and a CTU, to which the neighbor block belongs, is different from a CTU, to which the current block belongs (that is, the upper boundary of the current block is the upper boundary of the current CTU), the neighbor block may be determined as being unavailable.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Li with the exclusion of an intra prediction mode that would use an unavailable neighboring block as taught by Lee426 in order to improve prediction efficiency in the system [See Lee426].
Claim(s) 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Lee in further view of WANG et al. (Hereafter, “Wang”) [US 2022/0329826 A1].
Regarding claim 10, the limitations of claim 1 have been addressed. Li fails to explicitly disclose wherein the intra prediction mode is determined to be one of template-based intra mode derivation (TIMD) and template-based multiple reference line intra prediction (TMRL), wherein, on the basis of at least one reference sample being unavailable in the first reference sample line, a template matching (TM) cost for predicting the current block is calculated using a reference sample in the second reference sample line.
Wang discloses wherein the intra prediction mode is determined to be one of template-based intra mode derivation (TIMD) and template-based multiple reference line intra prediction (TMRL) ([0002] The present disclosure relates generally to video coding, and more particularly, to video encoding and decoding based on templates for decoder-side intra-prediction mode derivation.), wherein, on the basis of at least one reference sample being unavailable in the first reference sample line, a template matching (TM) cost for predicting the current block is calculated using a reference sample in the second reference sample line ([0219] deriving at least one intra-prediction mode (IPM) based on cost calculations [0224] In one example, unavailable template-reference samples may be filled using the available template-reference samples. In one example, the unavailable template-reference samples may be filled using the nearest available template-reference samples.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Li with substituting of unavailable template-reference samples for cost calculations as taught by Wang in order to improve the coding efficiency of intra mode coding [See Wang].
Regarding claim 11, the limitations of claim 1 have been addressed. Li fails to explicitly disclose wherein the intra prediction mode is determined to be one of template-based intra mode derivation (TIMD) and template-based multiple reference line intra prediction (TMRL), wherein, on the basis of at least one reference sample being unavailable in a first template area for calculating a template matching (TM) cost of the current block, the TM cost is calculated using a second template area.
Wang discloses wherein the intra prediction mode is determined to be one of template-based intra mode derivation (TIMD) and template-based multiple reference line intra prediction (TMRL) ([0002] The present disclosure relates generally to video coding, and more particularly, to video encoding and decoding based on templates for decoder-side intra-prediction mode derivation.), wherein, on the basis of at least one reference sample being unavailable in a first template area for calculating a template matching (TM) cost of the current block, the TM cost is calculated using a second template area ([0219] deriving at least one intra-prediction mode (IPM) based on cost calculations [0224] In one example, unavailable template-reference samples may be filled using the available template-reference samples. In one example, the unavailable template-reference samples may be filled using the nearest available template-reference samples.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Li with substituting of unavailable template-reference samples for cost calculations as taught by Wang in order to improve the coding efficiency of intra mode coding [See Wang].
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kaitlin A Retallick whose telephone number is (571)270-3841. The examiner can normally be reached Monday-Friday 8am-5pm.
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/KAITLIN A RETALLICK/Primary Examiner, Art Unit 2482
