Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Specification
The disclosure is objected to because of the following informalities: on line 3 of paragraph [0006], “adaptive filer” should be “adaptive filter”.
Appropriate correction is required.
Claim Objections
Claims 1-2 and 8-14 are objected to because of the following informalities: an image filtering method or device is claimed with no mention of filtering in the body of the claim. Appropriate correction is required.
Claim Interpretation
1. The Examiner would like to note that the data structure of claims 15-20 do not have to be given weight because there is no functional relationship between the medium and the computer (see MPEP 2111.05(III) titled MACHINE-READABLE MEDIA). The non-transitory computer-readable medium merely serves as a support for the data structure. The Examiner recommends adding instructions stored on the non-transitory computer-readable medium which cause a processor generate video similar to the body of claim 8, except with an additional video generation and storing step.
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1, 8 and 15 are rejected on the ground of nonstatutory double patenting as being unpatentable over dependent claim 6 of U.S. Patent No. 9,497,455, which includes claim 5, claim 12 of U.S. Patent No. 9,866,833, claim 12 of U.S. Patent No. 10,390,012, claim 5 of U.S. Patent No. 10,440,362, claim 12 of U.S. Patent No. 10,764,580, claim 6 of U.S. Patent No. 11,089,302, claim 6 of U.S. Patent No. 11,765,350, and claim 9 of U.S. Patent No. 12,284,342. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1, 8 and 15 of the current application is anticipated by claim 6 of the U.S. patent.
Current Application
U.S. patent no. 9,497,455
Claim 1
Claim 5
1 .(New) An image filtering method, comprising: determining a pixel bit depth (PICDEPTH) for a unit area of an input image which is constituted by a plurality of unit areas; determining a maximum bit length representing an offset value range based on the pixel bit depth (PICDEPTH), wherein when the pixel bit depth (PICDEPTH) is ten bits or smaller, the maximum bit length is equal to PIC_DEPTH - K and the value of K is equal to 4, and when the pixel bit depth (PICDEPTH) is eleven bits or greater, the maximum bit length is equal to six bits; and adding an offset which belongs to the offset value range to a pixel value of a pixel of the unit area.
5. An image filtering device comprising: a non-transitory memory having processor-executable instructions stored thereon; and a processor in communication with the non-transitory memory, the processor being configured to execute the processor-executable instructions stored in the non-transitory memory for: setting an offset value range in accordance with a bit depth of pixel values of pixels forming an input image, wherein the a bit depth of the pixel values of the pixels forming the input image is obtained from coded data; decoding an offset value which is restricted to the set offset value range; and adding the offset value to a pixel value of each pixel forming the input image which is constituted by a plurality of unit areas; wherein an offset bit depth of the offset value is set to be equal to the bit depth of the pixel values in a case in which the bit depth of the pixel values is ten or smaller, and the offset bit depth of the offset value is set to be ten in a case in which the bit depth of the pixel values is eleven or greater; and wherein a maximum bit length representing offset value range of the offset value is set to be (the offset bit depth—K) or smaller, wherein the offset value range of the offset value is determined to be (−2.sup.the offset bit depth—K−1)) to (2.sup.(the offset bit depth—K−1)−1), and K is an integer greater than 0.
Claim 6
6. The image filtering device according to claim 5, wherein a value of K is equal to 4.
Claim 8
Claim 5
8. (New) An image filtering device, comprising: at least one processor; and a memory coupled to the at least one processor and storing programming instructions, which when executed by the at least one processor, cause the device to: determine a pixel bit depth (PIC_DEPTH) for a unit area of an input image which is constituted by a plurality of unit areas; determine a maximum bit length representing an offset value range based on the pixel bit depth (PIC_DEPTH), wherein when the pixel bit depth (PIC_DEPTH) is ten bits or smaller, the maximum bit length is equal to PIC_DEPTH - K and the value of K is equal to 4, and when the pixel bit depth (PIC_DEPTH) is eleven bits or greater, the maximum bit length is equal to six bits; and add an offset which belongs to the offset value range to a pixel value of a pixel of the unit area.
5. An image filtering device comprising: a non-transitory memory having processor-executable instructions stored thereon; and a processor in communication with the non-transitory memory, the processor being configured to execute the processor-executable instructions stored in the non-transitory memory for: setting an offset value range in accordance with a bit depth of pixel values of pixels forming an input image, wherein the a bit depth of the pixel values of the pixels forming the input image is obtained from coded data; decoding an offset value which is restricted to the set offset value range; and adding the offset value to a pixel value of each pixel forming the input image which is constituted by a plurality of unit areas; wherein an offset bit depth of the offset value is set to be equal to the bit depth of the pixel values in a case in which the bit depth of the pixel values is ten or smaller, and the offset bit depth of the offset value is set to be ten in a case in which the bit depth of the pixel values is eleven or greater; and wherein a maximum bit length representing offset value range of the offset value is set to be (the offset bit depth—K) or smaller, wherein the offset value range of the offset value is determined to be (−2.sup.the offset bit depth—K−1)) to (2.sup.(the offset bit depth—K−1)−1), and K is an integer greater than 0.
Claim 6
6. The image filtering device according to claim 5, wherein a value of K is equal to 4.
Claim 15
Claim 5
15. (New) A non-transitory computer-readable medium storing a data structure of coded data that, when decoded by a coding device, is used by the coding device to generate a video, the data structure comprises: offset-type specifying information, which specifies an offset type and includes a pixel bit depth (PIC_DEPTH) for the unit area; an offset group including a plurality of offsets; and wherein maximum bit length representing an offset value range relates to the pixel bit depth (PIC DEPTH), and wherein when the pixel bit depth (PIC_DEPTH) is ten bits or smaller, the maximum bit length is equal to PIC_DEPTH - K and the value of K is equal to 4, and when the pixel bit depth (PIC_DEPTH) is eleven bits or greater, the maximum bit length is equal to six bits.
5. An image filtering device comprising: a non-transitory memory having processor-executable instructions stored thereon; and a processor in communication with the non-transitory memory, the processor being configured to execute the processor-executable instructions stored in the non-transitory memory for: setting an offset value range in accordance with a bit depth of pixel values of pixels forming an input image, wherein the a bit depth of the pixel values of the pixels forming the input image is obtained from coded data; decoding an offset value which is restricted to the set offset value range; and adding the offset value to a pixel value of each pixel forming the input image which is constituted by a plurality of unit areas; wherein an offset bit depth of the offset value is set to be equal to the bit depth of the pixel values in a case in which the bit depth of the pixel values is ten or smaller, and the offset bit depth of the offset value is set to be ten in a case in which the bit depth of the pixel values is eleven or greater; and wherein a maximum bit length representing offset value range of the offset value is set to be (the offset bit depth—K) or smaller, wherein the offset value range of the offset value is determined to be (−2.sup.the offset bit depth—K−1)) to (2.sup.(the offset bit depth—K−1)−1), and K is an integer greater than 0.
Claim 6
6. The image filtering device according to claim 5, wherein a value of K is equal to 4.
The same rejection can be made for U.S. Patent nos. 9,866,833 (claim 12), 10,390,012 (claim 12), 10,440,362 (claim 5), 10,764,580 (claim 12), 11,089,302 (claim 6), 11,765,350 (claim 6) and 12,284,342 (claim 9).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 15-20 is/are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Segall et al. (U.S. 2006/0268991), hereinafter Segall.
Regarding claim 15, Segall discloses a non-transitory computer-readable medium storing a data structure (Segall [0015]) of coded data that, when decoded by a coding device, is used by the coding device to generate a video, the data structure comprises: offset-type specifying information, which specifies an offset type and includes a pixel bit depth (PIC_DEPTH) for the unit area; an offset group including a plurality of offsets; and wherein maximum bit length representing an offset value range relates to the pixel bit depth (PIC DEPTH), and wherein when the pixel bit depth (PIC_DEPTH) is ten bits or smaller, the maximum bit length is equal to PIC_DEPTH - K and the value of K is equal to 4, and when the pixel bit depth (PIC_DEPTH) is eleven bits or greater, the maximum bit length is equal to six bits (see Claim Interpretation section above).
Claims 16-20 are rejected for the same reasons (see Claim Interpretation section above and claim 15 citation)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW KWAN whose telephone number is (571)270-7073. The examiner can normally be reached Monday-Friday 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chris Kelley can be reached on (571)272-7331. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW K KWAN/Primary Examiner, Art Unit 2482
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