CTNF 19/185,655 CTNF 87915 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. Status of the Claims Claims 1-10 are pending. Priority 02-27 AIA Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 17/632,957 , filed on 02/04/2022 . 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 1-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-2, 4-5, 7-11, 13, 15, and 17 of U.S. Patent No. 12316874 . Although the claims at issue are not identical, they are not patentably distinct from each other because Instant Application Patent No. 12316874 1. A video decoding method for a coding block that is split into a plurality of transform blocks, the method comprising: obtaining information representative of an index of a second transform in a list of Low-Frequency-Non-Separable Transforms; when the index is zero or the size of a transform block of the plurality of transform blocks is smaller than a threshold in width or height: performing a first inverse transform on all of the plurality of transform blocks of the coding block, the first transform being selected in a set of transforms; when the index is not zero and the size of a transform block of the plurality of transform blocks is greater than or equal to the threshold in width and height: performing a second inverse transform on all of the plurality of transform blocks of the coding block based on a second transform identified by the index; and performing a first inverse transform on a result of the second inverse transform; and ( claim 2 ) The method of claim 1, wherein the first inverse transform is a two-dimensional (2D) discrete cosine transform (DCT) 2 transform. decoding the inversed transform blocks. 3. A non-transitory computer-readable storage medium having stored instructions that, when executed by a processor, cause the processor to perform the method of claim 1. 4. A video decoding apparatus for a coding block that is split into a plurality of transform blocks, the apparatus comprising a processor configured to: obtain information representative of an index of a second transform in a list of Low-Frequency-Non-Separable Transforms; when the index is zero or the size of a transform block of the plurality of transform blocks is smaller than a threshold in width or height: perform a first inverse transform on all of the plurality of transform blocks of the coding block, the first transform being selected in a set of transforms; when the index is not zero and the size of a transform block of the plurality of transform blocks is greater than or equal to the threshold in width and height: perform a second inverse transform on all of the plurality of transform blocks of the coding block based on a second transform identified by the index; and perform a first inverse transform on a result of the second inverse transform; and ( claim 5 ) The apparatus of claim 4, wherein the first inverse transform is a two-dimensional (2D) discrete cosine transform (DCT) 2 transform. decoding the inversed transform blocks. 6. A video encoding method comprising: splitting an intra coding block in at least two transform blocks; obtaining a decision that a second transform is to be applied and a selection of an index of a selected second transform in a list of Low-Frequency-Non-Separable Transforms; when the size of a transform block of the plurality of transform blocks is greater than or equal to the threshold in width and height: signaling the application of the second transform for the intra coding block; performing a first transform on all of the plurality of transform blocks; and ( claim 7 ) The method of claim 6, wherein the first inverse transform is a two-dimensional (2D) discrete cosine transform (DCT) 2 transform. performing a second transform on a result of the first transform using the selected second transform; when the size of a transform block of the plurality of transform blocks is smaller than a threshold in width or height: selecting zero as index value of the selected second transform in the list of Low-Frequency-Non-Separable Transforms; and performing a first transform on all of the plurality of transform blocks, the first transform being selected in a set of transforms; and encoding the coding block with signaling information representative of the index of the selected second transform in the list of Low-Frequency-Non-Separable Transforms. 8. A non-transitory computer-readable storage medium having stored instructions that, when executed by a processor, cause the processor to perform the method of claim 6. 9. A video encoding apparatus comprising a processor configured to: split an intra coding block in at least two transform blocks; obtain a decision that a second transform is to be applied and a selection of an index of a selected second transform in a list of Low-Frequency-Non-Separable Transforms; when the size of a transform block of the plurality of transform blocks is greater than or equal to the threshold in width and height: perform a first transform on all of the plurality of transform blocks; and ( claim 10 ) The apparatus of claim 9, wherein the first inverse transform is a two-dimensional (2D) discrete cosine transform (DCT) 2 transform. perform a second transform on a result of the first transform using the selected second transform; when the size of a transform block of the plurality of transform blocks is smaller than a threshold in width or height: select zero as index value of the selected second transform in the list of Low-Frequency-Non-Separable Transforms; and perform a first transform on all of the plurality of transform blocks, the first transform being selected in a set of transforms; and encode the coding block with signaling information representative of the index of the selected second transform in the list of Low-Frequency-Non-Separable Transforms. 4. A video decoding method for a coding block that is split into a plurality of transform blocks, comprising: obtaining information representative of an index of a second transform; when the index is a null value: performing an inverse of a first transform on all of the plurality of transform blocks of the coding block, the first transform being selected in a set of transforms; and when the index is not a null value: performing an inverse of the second transform on all of the plurality of transform blocks of the coding block using a second transform selected identified by the index in a list of second transforms, the second transform being a Low-Frequency-Non-Separable Transform; and performing an inverse of a first transform on all of the plurality of transform blocks of the coding block, wherein the first transform is a two-dimensional (2D) discrete cosine transform (DCT) 2 transform; and decoding the inversed transform blocks. 10. A non-transitory computer-readable storage medium having stored instructions that, when executed by a processor on a coding block that is split into a plurality of transform blocks, cause the processor to: obtain information representative of an index of a second transform; when the index is a null value: perform an inverse of a first transform on all of the plurality of transform blocks of the coding block, the first transform being selected in a set of transforms; and when the index is not a null value: perform an inverse of the second transform on all the transform blocks of the plurality of transform blocks of the coding block using a second transform selected identified by the index in a list of second transforms, the second transform being a Low-Frequency-Non-Separable Transform; and perform an inverse of a first transform on all of the plurality of transform blocks of the coding block, wherein the first transform is a two-dimensional (2D) discrete cosine transform (DCT) 2 transform; and decode the inversed transform blocks. 8. A video decoding apparatus for a coding block that is split into a plurality of transform blocks, the apparatus comprising a processor configured to: obtain information representative of an index of a second transform; when the index is a null value: perform an inverse of a first transform on all of the plurality of transform blocks of the coding block, the first transform being selected in a set of transforms; and when the index is not a null value: perform an inverse of the second transform on all the transform blocks of the plurality of transform blocks of the coding block using a second transform selected identified by the index in a list of second transforms, the second transform being a Low-Frequency-Non-Separable Transform; and perform an inverse of a first transform on all of the plurality of transform blocks of the coding block, wherein the first transform is a two-dimensional (2D) discrete cosine transform (DCT) 2 transform; and decode the inversed transform blocks. 1. A video encoding method comprising: splitting an intra coding block into a plurality of transform blocks; obtaining a decision whether a second transform is to be applied and a selection of an index of a selected transform in a list of transforms, the second transform being a Low-Frequency-Non-Separable Transform; when the decision is that the second transform is to be applied: (signaling the application of the second transform is implied and would have been obvious in order to perform the second transform) performing a first transform on all of the plurality of transform blocks, wherein the first transform is a two-dimensional (2D) discrete cosine transform (DCT) 2 transform; and performing the second transform on all of the plurality of transform blocks of the intra coding block using the selected transform; and when the decision is that the second transform is not to be applied: selecting a null value as the index for the second transform in the list of transforms; and performing a first transform on all of the plurality of transform blocks, the first transform being selected in a set of transforms; and encoding the intra coding block with signaling information representative of the index of the second transform. 9. A non-transitory computer-readable storage medium having stored instructions that, when executed by a processor, cause the processor to: split an intra coding block into a plurality of transform blocks; obtain a decision whether a second transform is to be applied and a selection of an index of a selected transform in a list of transforms, the second transform being a Low-Frequency-Non-Separable Transform; when the decision is that the second transform is to be applied: perform a first transform on all of the plurality of transform blocks, the first transform being a two-dimensional (2D) discrete cosine transform (DCT) 2 transform; and perform the second transform on all the transform blocks of the plurality of transform blocks of the intra coding block using the selected transform; and when the decision is that the second transform is not to be applied: selecting a null value as the index for the second transform in the list of transforms; and performing a first transform on all of the plurality of transform blocks, the first transform being selected in a set of transforms; and encode the intra coding block with signaling information representative of the index of the second transform. 7. A video encoding apparatus comprising a processor configured to: split an intra coding block into a plurality of transform blocks; obtain a decision whether a second transform is to be applied and a selection of an index of a selected transform in a list of transforms, the second transform being a Low-Frequency-Non-Separable Transform; when the decision is that the second transform is to be applied: perform a first transform on all of the plurality of transform blocks, the first transform being a two-dimensional (2D) discrete cosine transform (DCT) 2 transform; and perform the second transform on all the transform blocks of the plurality of transform blocks of the intra coding block using the selected transform; and when the decision is that the second transform is not to be applied: selecting a null value as the index for the second transform in the list of transforms; and performing a first transform on all of the plurality of transform blocks, the first transform being selected in a set of transforms; and encode the intra coding block with signaling information representative of the index of the second transform . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim s 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Koo et al. (US 20210321134 A1) in view of Egilmez et al. (US 20200322636 A1) . Concerning claim 1, Koo et al. teaches a video decoding method for a coding block that is split into a plurality of transform blocks ( fig. 2: decoder 200 ), the method comprising: obtaining information representative of an index of a second transform ( ¶0211: non-separable secondary transform (NSST); ¶0254 ); when the index is zero ( fig. 6b: MTS_CU Flag = 0 ) or the size of a transform block of the plurality of transform blocks is smaller than a threshold in width or height (¶ 0073 ): performing a first inverse transform on all of the plurality of transform blocks of the coding block, the first transform being selected in a set of transforms ( ¶0071; ¶¶0090-0091; ¶¶0107-0111 ); when the index is not zero ( fig. 6b: MTS_CU Flag = 1 ) and the size of a transform block of the plurality of transform blocks is greater than or equal to the threshold in width and height (¶ 0073 ): performing a second inverse transform on all of the plurality of transform blocks of the coding block based on a second transform identified by the index ( ¶0073; ¶¶0090-0091; ¶¶0112-0113 ); and performing a first inverse transform on a result of the second inverse transform ( fig. 2: unit 230; ¶¶0071-0073; ¶¶0090-0091; ¶¶0107-0111 ); and decoding the inversed transform blocks ( ¶¶0086-0091 ). Not explicitly taught is in a list of Low-Frequency-Non-Separable Transforms. Egilmez et al. (hereinafter Egilmez), in the same field of endeavor, teaches extended multiple transform selection for video coding, wherein signaling information representative of a secondary transform in a list of Low-Frequency Non-Separable Transforms is obtained ( fig. 8: N secondary transforms; ¶0230: the secondary transform may be a Low-Frequency Non-separable Transformation (LFNST) ). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to add the features of Egilmez and use the LFNST as the second transform in order to improve coding efficiency of multiple transform selection (MTS) ( Egilmez, ¶0231 ). Concerning claim 2, Koo further teaches the method of claim 1, wherein the first inverse transform is a two-dimensional (2D) discrete cosine transform (DCT) 2 transform ( fig. 6b: DCT-2; ¶0111 ). Claim 3 is the corresponding non-transitory computer-readable storage medium to the method of claim 1 and is rejected under the same rationale ( Koo, ¶0378 ). Claim 4 is the corresponding apparatus to the method of claim 1 and is rejected under the same rationale ( Koo, ¶¶0376-0377 ). Claim 5 is the corresponding apparatus to the method of claim 2 and is rejected under the same rationale ( Koo, ¶¶0376-0377 ). Concerning claim 6, Koo teaches a video encoding method ( fig. 1: encoder 100 ) comprising: splitting an intra coding block in at least two transform blocks ( fig. 1: unit 110; ¶0065 ); obtaining a decision that a second transform is to be applied and a selection of an index of a selected second transform ( ¶0211: non-separable secondary transform (NSST) index is the signaling index that designates a corresponding transform from a list of transforms. The value of the NSST index determines if a second transform is applied .); when the size of a transform block of the plurality of transform blocks is greater than or equal to the threshold in width and height (¶ 0073 ): signaling the application of the second transform for the intra coding block (¶ 0073 ); performing a first transform on all of the plurality of transform blocks ( fig. 1: unit 120; ¶¶0071-0073; ¶¶0107-0111 ); and performing a second transform on a result of the first transform using the selected second transform ( ¶0073; ¶¶0112-0113 ); when the size of a transform block of the plurality of transform blocks is smaller than a threshold in width or height (¶ 0073 ): selecting zero as index value of the selected second transform ( ¶0073; ¶¶0112-0113: omitting application of a forward NSST; ¶0211: assigning No. 0 index in a case a secondary transform is not applied ); and performing a first transform on all of the plurality of transform blocks, the first transform being selected in a set of transforms ( ¶0071; ¶¶0107-0111 ); and encoding the coding block with signaling information representative of the index of the selected second transform ( ¶¶0217-0219 ). Not explicitly taught is in a list of Low-Frequency-Non-Separable Transforms. Egilmez et al. (hereinafter Egilmez), in the same field of endeavor, teaches extended multiple transform selection for video coding, wherein signaling information representative of a secondary transform in a list of Low-Frequency Non-Separable Transforms is obtained ( fig. 8: N secondary transforms; ¶0230: the secondary transform may be a Low-Frequency Non-separable Transformation (LFNST) ). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to add the features of Egilmez and use the LFNST as the second transform in order to improve coding efficiency of multiple transform selection (MTS) ( Egilmez, ¶0231 ). Concerning claim 7, Koo further teaches the method of claim 6, wherein the first inverse transform is a two-dimensional (2D) discrete cosine transform (DCT) 2 transform ( fig. 6b: DCT-2; ¶0111 ). Claim 8 is the corresponding non-transitory computer-readable storage medium to the method of claim 6 and is rejected under the same rationale ( Koo, ¶0378 ). Claim 9 is the corresponding apparatus to the method of claim 6 and is rejected under the same rationale ( Koo, ¶¶0376-0377 ). Claim 10 is the corresponding apparatus to the method of claim 7 and is rejected under the same rationale ( Koo, ¶¶0376-0377 ). 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. 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, BRIAN PENDLETON can be reached at 571-272-7527. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /James M Anderson II/Primary Examiner, Art Unit 2425 Application/Control Number: 19/185,655 Page 2 Art Unit: 2425 Application/Control Number: 19/185,655 Page 3 Art Unit: 2425 Application/Control Number: 19/185,655 Page 4 Art Unit: 2425 Application/Control Number: 19/185,655 Page 5 Art Unit: 2425 Application/Control Number: 19/185,655 Page 6 Art Unit: 2425 Application/Control Number: 19/185,655 Page 7 Art Unit: 2425 Application/Control Number: 19/185,655 Page 8 Art Unit: 2425 Application/Control Number: 19/185,655 Page 9 Art Unit: 2425 Application/Control Number: 19/185,655 Page 10 Art Unit: 2425 Application/Control Number: 19/185,655 Page 11 Art Unit: 2425 Application/Control Number: 19/185,655 Page 12 Art Unit: 2425 Application/Control Number: 19/185,655 Page 13 Art Unit: 2425 Application/Control Number: 19/185,655 Page 14 Art Unit: 2425 Application/Control Number: 19/185,655 Page 15 Art Unit: 2425 Application/Control Number: 19/185,655 Page 16 Art Unit: 2425 Application/Control Number: 19/185,655 Page 17 Art Unit: 2425 Application/Control Number: 19/185,655 Page 18 Art Unit: 2425 Application/Control Number: 19/185,655 Page 19 Art Unit: 2425 Application/Control Number: 19/185,655 Page 20 Art Unit: 2425 Application/Control Number: 19/185,655 Page 21 Art Unit: 2425 Application/Control Number: 19/185,655 Page 22 Art Unit: 2425 Application/Control Number: 19/185,655 Page 23 Art Unit: 2425 Application/Control Number: 19/185,655 Page 24 Art Unit: 2425 Application/Control Number: 19/185,655 Page 25 Art Unit: 2425
