CTNF 19/172,992 CTNF 89414 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 08-33 AIA 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. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer. 08-34 AIA Claim s 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-3 of U.S. Patent No. 12,301,867. Although the claims at issue are not identical, they are not patentably distinct from each other because although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the application and the patent are substantially similar and obvious variants of one another . For example: U.S. Patent No. 12,301,867 Instant Application: 19/172992 Note: underlined fonts mean difference in instant application 1. A decoding apparatus for an image decoding, the decoding apparatus comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to: 1. A method for decoding image information, the method comprising: obtain image information including residual information and prediction-related information through a bitstream; obtaining the image information including residual information and prediction-related information through a bitstream; generate residual samples for a current block based on the residual information; generating residual samples for a current block based on the residual information; generate prediction samples for the current block based on the prediction-related information; and generating prediction samples for the current block based on the prediction-related information; and generate reconstructed samples for the current block based on the prediction samples and the residual samples, generating reconstructed samples for the current block based on the prediction samples and the residual samples, wherein the image information includes flag information related to whether an intra prediction mode type for the current block is a matrix-based intra prediction (MIP), wherein for the current block of which size is equal to 64×8, the flag information related to whether the intra prediction mode type for the current block is the MIP is included in the image information, wherein the image information includes flag information related to whether an intra prediction mode type for the current block is a matrix-based intra prediction (MIP), wherein for the current block of which size is equal to 64x8, the flag information related to whether the intra prediction mode type for the current block is the MIP is included in the image information, wherein whether the intra prediction mode type for the current block is the MIP is determined based on the flag information, wherein whether the intra prediction mode type for the current block is the MIP is determined based on the flag information, wherein a value of the flag information being equal to 1 is related to representing that the intra prediction mode type for the current block is the MIP, and a value of the flag information being equal to 0 is related to representing that the intra prediction mode type for the current block is not the MIP, wherein a value of the flag information being equal to 1 is related to representing that the intra prediction mode type for the current block is the MIP, and a value of the flag information being equal to 0 is related to representing that the intra prediction mode type for the current block is not the MIP, wherein based on the value of the flag information being equal to 1, the image information includes MIP mode information, wherein the MIP mode information is related to an MIP mode applied to the current block and the MIP mode is used to derive an MIP matrix for the current block, wherein based on the value of the flag information being equal to 1, the image information includes MIP mode information, wherein the MIP mode information is related to an MIP mode applied to the current block and the MIP mode is used to derive an MIP matrix for the current block, wherein the MIP matrix is derived based on (i) a width and a height of the current block for the MIP and (ii) the MIP mode information, and wherein the MIP matrix is derived based on (i) a width and a height of the current block for the MIP and (ii) the MIP mode information, and wherein the prediction samples for the current block are generated based on the MIP matrix. wherein the prediction samples for the current block are generated based on the MIP matrix . 08-34 AIA Claim s 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1, 7 and 13 of U.S. Patent No. 11,743,496 . Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the application and the patent are substantially similar and obvious variants of one another . For example: U.S. Patent No. 11,743,496 Instant Application: 19/172992 Note: underlined fonts mean difference in instant application 1. An image decoding method performed by a decoding apparatus, the method comprising: 1. A method for decoding image information, the method comprising: obtaining image information including residual information and prediction-related information through a bitstream; obtaining the image information including residual information and prediction-related information through a bitstream; deriving transform coefficients based on the residual information; generating residual samples for a current block based on the transform coefficients; generating residual samples for a current block based on the residual information; deriving an intra prediction mode for the current block based on the prediction-related information; generating prediction samples for the current block based on the intra prediction mode; and generating prediction samples for the current block based on the prediction-related information; and generating reconstructed samples for the current block based on the prediction samples and the residual samples, generating reconstructed samples for the current block based on the prediction samples and the residual samples, wherein the image information includes flag information related to whether an intra prediction mode type for the current block is a matrix-based intra prediction (MIP), wherein for the current block of which size is equal to 64×8, the flag information related to whether the intra prediction mode type for the current block is the MIP is included in the image information, wherein the image information includes flag information related to whether an intra prediction mode type for the current block is a matrix-based intra prediction (MIP), wherein for the current block of which size is equal to 64x8, the flag information related to whether the intra prediction mode type for the current block is the MIP is included in the image information, wherein the intra prediction mode type for the current block is determined as the MIP based on the flag information, wherein whether the intra prediction mode type for the current block is the MIP is determined based on the flag information, wherein based on the flag information related to that the intra prediction mode type for the current block is the MIP, the image information includes MIP mode information, wherein the MIP mode information is related to an MIP mode applied to the current block and the MIP mode is used to derive an MIP matrix for the current block, wherein a value of the flag information being equal to 1 is related to representing that the intra prediction mode type for the current block is the MIP, and a value of the flag information being equal to 0 is related to representing that the intra prediction mode type for the current block is not the MIP, wherein based on the value of the flag information being equal to 1, the image information includes MIP mode information, wherein the MIP mode information is related to an MIP mode applied to the current block and the MIP mode is used to derive an MIP matrix for the current block, wherein the MIP matrix is derived based on (i) a width and a height of the current block for the MIP and (ii) the MIP mode information, wherein the MIP matrix is derived based on (i) a width and a height of the current block for the MIP and (ii) the MIP mode information, and wherein MIP samples for the current block are generated based on the MIP matrix, and wherein the prediction samples for the current block are generated based on the MIP samples. wherein the prediction samples for the current block are generated based on the MIP matrix. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANCIS G GEROLEO whose telephone number is (571)270-7206. The examiner can normally be reached on M-F 7:00 am - 3:30 pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna M Momper can be reached on (571) 270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Francis Geroleo/Primary Examiner, Art Unit 3619 Application/Control Number: 19/172,992 Page 2 Art Unit: 3619 Application/Control Number: 19/172,992 Page 3 Art Unit: 3619 Application/Control Number: 19/172,992 Page 4 Art Unit: 3619 Application/Control Number: 19/172,992 Page 5 Art Unit: 3619 Application/Control Number: 19/172,992 Page 6 Art Unit: 3619 Application/Control Number: 19/172,992 Page 7 Art Unit: 3619 Application/Control Number: 19/172,992 Page 8 Art Unit: 3619 Application/Control Number: 19/172,992 Page 9 Art Unit: 3619 Application/Control Number: 19/172,992 Page 10 Art Unit: 3619 Application/Control Number: 19/172,992 Page 11 Art Unit: 3619 Application/Control Number: 19/172,992 Page 12 Art Unit: 3619
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