DETAILED ACTION
1. The Office Action is in response to Application 19188686 filed on 04/24/2025. Claims 1-3 are pending.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
3. The information disclosure statements (IDS) submitted on 06/05/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Double Patenting
5. 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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
6. Claim 1 is rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 1 of US Patent US 12309363 indicated below.
For Claim 1, although the conflicting claims are not identical, they both are dealing with video/image decoding method/apparatus. As clearly indicated in the table below, each claimed limitations of claim 1 of the current application are anticipated by the corresponding limitations of claim 1 of the reference patent.
.
Current Application
US 12309363
Claim 1:
A decoding apparatus for image decoding, the decoding apparatus comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to:
receive image information including prediction related information for a current block;
and generate a reconstructed sample of the current block based on the image information, wherein the reconstructed sample is generated based on:
deriving an intra prediction type for the current block among intra prediction types based on the prediction related information;
constructing an intra prediction mode candidate list of the current block including a DC intra prediction mode based on intra prediction modes of neighboring blocks of the current block;
deriving an intra prediction mode of the current block based on the intra prediction mode candidate list;
and deriving a prediction sample of the current block based the intra prediction mode, wherein the intra prediction types include a first intra prediction type based on an intra prediction reference line adjacent to the current block, a second intra prediction type based on an intra prediction reference line not adjacent to the current block, and a third intra prediction type to which an Intra Sub-Partitions mode (ISP) is applied, wherein the intra prediction type for the current block is derived as the second intra prediction type based on the prediction related information, wherein the intra prediction mode candidate list constructed for a case that the intra prediction type is the first intra prediction type, the intra prediction mode candidate list constructed for a case that the intra prediction type is the second intra prediction type and the intra prediction mode candidate list constructed for a case that the intra prediction type is the third intra prediction type are the same,
wherein based on the intra prediction mode of the current block being derived as the DC intra prediction mode, and a width of the current block being equal to a height of the current block, a DC value is derived based on (i) reference samples located at coordinates from (0, -refIdx-1) to (W-1, -refIdx-1) in the intra prediction reference line indicated by a reference line index of the current block and (ii) reference samples located at coordinates from (-refIdx-1, 0) to (-refIdx-1, H-1) in the intra prediction reference line,
and the prediction sample is derived as the DC value, wherein based on the intra prediction mode of the current block being derived as the DC intra prediction mode, and the width of the current block being greater than the height of the current block, the DC value is derived based on reference samples located at coordinates from (0, -refIdx-1) to (W-1, -refIdx-1) in the intra prediction reference line indicated by the reference line index of the current block,
and the prediction sample is derived as the DC value, wherein based on the intra prediction mode of the current block being derived as the DC intra prediction mode, and the height of the current block being greater than the width of the current block, the DC value is derived based on reference samples located at coordinates from (-refIdx-1, 0) to (-refIdx-1, H-1) in the intra prediction reference line indicated by the reference line index of the current block, and the prediction sample is derived as the DC value, and wherein the refIdx is a value of the reference line index, W represents a width of the current block, H represents a height of the current block, and the prediction related information includes the reference line index.
Claim 1
An image decoding method performed by a decoding apparatus, comprising:
receiving image information including prediction related information for a current block;
and generating a reconstructed sample of the current block based on the image information, wherein the generating of the reconstructed sample comprises:
deriving an intra prediction type for the current block sub among intra prediction types based on the prediction related information;
constructing an intra prediction mode candidate list of the current block including a DC intra prediction mode based on intra prediction modes of neighboring blocks of the current block;
deriving an intra prediction mode of the current block based on the intra prediction mode candidate list;
and deriving a prediction sample of the current block based the intra prediction mode, wherein the intra prediction types include a first intra prediction type based on an intra prediction reference line adjacent to the current block, a second intra prediction type based on an intra prediction reference line not adjacent to the current block, and a third intra prediction type to which an Intra Sub-Partitions mode (ISP) is applied, wherein the intra prediction type for the current block is derived as the second intra prediction type based on the prediction related information, wherein the intra prediction mode candidate list constructed for a case that the intra prediction type is the first intra prediction type, the intra prediction mode candidate list constructed for a case that the intra prediction type is the second intra prediction type and the intra prediction mode candidate list constructed for a case that the intra prediction type is the third intra prediction type are the same,
wherein based on the intra prediction mode of the current block being derived as the DC intra prediction mode, and a width of the current block being equal to a height of the current block, a DC value is derived based on reference samples located at coordinates from (0, −refIdx−1) to (W−1, −refIdx−1) in the intra prediction reference line indicated by a reference line index of the current block and reference samples located at coordinates from (−refIdx−1, 0) to (−refIdx−1, H−1) in the intra prediction reference line,
and the prediction sample is derived as the DC value, wherein based on the intra prediction mode of the current block being derived as the DC intra prediction mode, and the width of the current block being greater than the height of the current block, the DC value is derived based on reference samples located at coordinates from (0, −refIdx−1) to (W−1, −refIdx−1) in the intra prediction reference line indicated by the reference line index of the current block,
and the prediction sample is derived as the DC value, wherein based on the intra prediction mode of the current block being derived as the DC intra prediction mode, and the height of the current block being greater than the width of the current block, the DC value is derived based on reference samples located at coordinates from (−refIdx−1, 0) to (−refIdx−1, H−1) in the intra prediction reference line indicated by the reference line index of the current block, and the prediction sample is derived as the DC value, and wherein the refIdx is a value of the reference line index, W represents a width of the current block, H represents a height of the current block, and the prediction related information includes the reference line index
7. Claim 2 is rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 2 of US Patent US 12309363 indicated below.
For Claim 2, although the conflicting claims are not identical, they both are dealing with video/image encoding method/apparatus. As clearly indicated in the table below, each claimed limitations of claim 2 of the current application are anticipated by the corresponding limitations of claim 2 of the reference patent.
.
Current Application
US 12309363
Claim 2:
A encoding apparatus for image encoding, the encoding apparatus comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to:
generate a reconstructed sample of a current block;
generate prediction related information for the current block;
and encode image information including the prediction related information, wherein the reconstructed sample of the current block is generated based on:
determining an intra prediction type for the current block among intra prediction types;
constructing an intra prediction mode candidate list of the current block including a DC intra prediction mode based on intra prediction modes of neighboring blocks of the current block;
deriving an intra prediction mode of the current block based on the intra prediction mode candidate list;
and deriving a prediction sample of the current block based the intra prediction mode, wherein the intra prediction types includes a first intra prediction type using an intra-prediction reference line adjacent to the current block, a second intra prediction type using an intra-prediction reference line not adjacent to the current block, and a third intra prediction type to which an Intra Sub-Partitions mode (ISP) is applied,
wherein the intra prediction type for the current block is determined as the second intra prediction type,
wherein the intra prediction mode candidate list constructed for a case that the intra prediction type is the first intra prediction type, the intra prediction mode candidate list constructed for a case that the intra prediction type is the second intra prediction type and the intra prediction mode candidate list constructed for a case that the intra prediction type is the third intra prediction type are the same, wherein based on the intra prediction mode of the current block being derived as the DC intra prediction mode, and a width of the current block being equal to a height of the current block, a DC value is derived based on (i) reference samples located at coordinates from (0, -refIdx-1) to (W-1, -refIdx-1) in the intra prediction reference line indicated by a reference line index of the current block and (ii) reference samples located at coordinates from (-refIdx-1, 0) to (-refIdx-1, H-1) in the intra prediction reference line,
and the prediction sample is derived as the DC value, wherein based on the intra prediction mode of the current block being derived as the DC intra prediction mode, and the width of the current block being greater than the height of the current block, the DC value is derived based on reference samples located at coordinates from (0, -refIdx-1) to (W-1, -refIdx-1) in the intra prediction reference line indicated by the reference line index of the current block, and the prediction sample is derived as the DC value,
wherein based on the intra prediction mode of the current block being derived as the DC intra prediction mode, and the height of the current block being greater than the width of the current block, the DC value is derived based on reference samples located at coordinates from (-refIdx-1, 0) to (-refIdx-1, H-1) in the intra prediction reference line indicated by the reference line index of the current block,
and the prediction sample is derived as the DC value, and wherein the refIdx is a value of the reference line index, W represents a width of the current block, H represents a height of the current block, and the prediction related information includes the reference line index.
Claim 2
An image encoding method performed by an encoding apparatus, comprising:
generating a reconstructed sample of a current block;
generating prediction related information for the current block;
and encoding image information including the prediction related information, wherein the generating of the reconstructed sample of the current block comprises:
determining an intra prediction type for the current block among intra prediction types;
constructing an intra prediction mode candidate list of the current block including a DC intra prediction mode based on intra prediction modes of neighboring blocks of the current block;
deriving an intra prediction mode of the current block based on the intra prediction mode candidate list;
and deriving a prediction sample of the current block based the intra prediction mode, wherein the intra prediction types include a first intra prediction type using an intra-prediction reference line adjacent to the current block, a second intra prediction type using an intra-prediction reference line not adjacent to the current block, and a third intra prediction type to which an Intra Sub-Partitions mode (ISP) is applied,
wherein the intra prediction type for the current block is determined as the second intra prediction type,
wherein the intra prediction mode candidate list constructed for a case that the intra prediction type is the first intra prediction type, the intra prediction mode candidate list constructed for a case that the intra prediction type is the second intra prediction type and the intra prediction mode candidate list constructed for a case that the intra prediction type is the third intra prediction type are the same, wherein based on the intra prediction mode of the current block being derived as the DC intra prediction mode, and a width of the current block being equal to a height of the current block, a DC value is derived based on reference samples located at coordinates from (0, −refIdx−1) to (W−1, −refIdx−1) in the intra prediction reference line indicated by a reference line index of the current block and reference samples located at coordinates from (−refIdx−1, 0) to (−refIdx−1, H−1) in the intra prediction reference line,
and the prediction sample is derived as the DC value, wherein based on the intra prediction mode of the current block being derived as the DC intra prediction mode, and the width of the current block being greater than the height of the current block, the DC value is derived based on reference samples located at coordinates from (0, −refIdx−1) to (W−1, −refIdx−1) in the intra prediction reference line indicated by the reference line index of the current block, and the prediction sample is derived as the DC value,
wherein based on the intra prediction mode of the current block being derived as the DC intra prediction mode, and the height of the current block being greater than the width of the current block, the DC value is derived based on reference samples located at coordinates from (−refIdx−1, 0) to (−refIdx−1, H−1) in the intra prediction reference line indicated by the reference line index of the current block,
and the prediction sample is derived as the DC value, and wherein the refIdx is a value of the reference line index, W represents a width of the current block, H represents a height of the current block, and the prediction related information includes the reference line index
8. Claim 3 is rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 3 of US Patent US 12309363 indicated below.
For Claim 3, although the conflicting claims are not identical, they both are dealing with video/image transmitting method/apparatus. As clearly indicated in the table below, each claimed limitations of claim 3 of the current application are anticipated by the corresponding limitations of claim 3 of the reference patent.
.
Current Application
US 12309363
Claim 3:
An apparatus for transmitting data for an image, the apparatus comprising at least one processor configured to
obtain a bitstream for the image, wherein the bitstream is generated based on generating a reconstructed sample of a current block,
generating prediction related information for the current block, and generating the bitstream by encoding image information including the prediction related information;
and a transmitter configured to transmit the data comprising the bitstream, wherein the reconstructed sample of the current block is generated based on:
determining an intra prediction type for the current block among intra prediction types,
constructing an intra prediction mode candidate list of the current block including a DC intra prediction mode based on intra prediction modes of neighboring blocks of the current block,
deriving an intra prediction mode of the current block based on the intra prediction mode candidate list,
and deriving a prediction sample of the current block based the intra prediction mode, wherein the intra prediction types includes a first intra prediction type using an intra-prediction reference line adjacent to the current block, a second intra prediction type using an intra-prediction reference line not adjacent to the current block, and a third intra prediction type to which an Intra Sub-Partitions mode (ISP) is applied,
wherein the intra prediction type for the current block is determined as the second intra prediction type,
wherein the intra prediction mode candidate list constructed for a case that the intra prediction type is the first intra prediction type, the intra prediction mode candidate list constructed for a case that the intra prediction type is the second intra prediction type and the intra prediction mode candidate list constructed for a case that the intra prediction type is the third intra prediction type are the same,
wherein based on the intra prediction mode of the current block being derived as the DC intra prediction mode, and a width of the current block being equal to a height of the current block, a DC value is derived based on (i) reference samples located at coordinates from (0, -refIdx-1) to (W-1, -refIdx-1) in the intra prediction reference line indicated by a reference line index of the current block and (ii) reference samples located at coordinates from (-refIdx-1, 0) to (-refIdx-1, H-1) in the intra prediction reference line,
and the prediction sample is derived as the DC value, wherein based on the intra prediction mode of the current block being derived as the DC intra prediction mode, and the width of the current block being greater than the height of the current block, the DC value is derived based on reference samples located at coordinates from (0, -refIdx-1) to (W-1, -refIdx-1) in the intra prediction reference line indicated by the reference line index of the current block, and the prediction sample is derived as the DC value,
wherein based on the intra prediction mode of the current block being derived as the DC intra prediction mode, and the height of the current block being greater than the width of the current block, the DC value is derived based on reference samples located at coordinates from (-refIdx-1, 0) to (-refIdx-1, H-1) in the intra prediction reference line indicated by the reference line index of the current block, and the prediction sample is derived as the DC value,
and wherein the refIdx is a value of the reference line index, W represents a width of the current block, H represents a height of the current block, and the prediction related information includes the reference line index.
Claim 3
A transmission method of data for an image, the transmission method comprising:
obtaining a bitstream generated based on generating a reconstructed sample of a current block,
generating prediction related information for the current block, and generating the bitstream by encoding image information including the prediction related information;
and transmitting the data comprising the bitstream, wherein the generating of the reconstructed sample of the current block comprises:
determining an intra prediction type for the current block among intra prediction types;
constructing an intra prediction mode candidate list of the current block including a DC intra prediction mode based on intra prediction modes of neighboring blocks of the current block;
deriving an intra prediction mode of the current block based on the intra prediction mode candidate list;
and deriving a prediction sample of the current block based the intra prediction mode, wherein the intra prediction types include a first intra prediction type using an intra-prediction reference line adjacent to the current block, a second intra prediction type using an intra-prediction reference line not adjacent to the current block, and a third intra prediction type to which an Intra Sub-Partitions mode (ISP) is applied,
wherein the intra prediction type for the current block is determined as the second intra prediction type,
wherein the intra prediction mode candidate list constructed for a case that the intra prediction type is the first intra prediction type, the intra prediction mode candidate list constructed for a case that the intra prediction type is the second intra prediction type and the intra prediction mode candidate list constructed for a case that the intra prediction type is the third intra prediction type are the same,
wherein based on the intra prediction mode of the current block being derived as the DC intra prediction mode, and a width of the current block being equal to a height of the current block, a DC value is derived based on (i) reference samples located at coordinates from (0, −refIdx−1) to (W−1, −refIdx−1) in the intra prediction reference line indicated by a reference line index of the current block and (ii) reference samples located at coordinates from (−refIdx−1, 0) to (−refIdx−1, H−1) in the intra prediction reference line,
and the prediction sample is derived as the DC value, wherein based on the intra prediction mode of the current block being derived as the DC intra prediction mode, and the width of the current block being greater than the height of the current block, the DC value is derived based on reference samples located at coordinates from (0, −refIdx−1) to (W−1, −refIdx−1) in the intra prediction reference line indicated by the reference line index of the current block, and the prediction sample is derived as the DC value,
wherein based on the intra prediction mode of the current block being derived as the DC intra prediction mode, and the height of the current block being greater than the width of the current block, the DC value is derived based on reference samples located at coordinates from (−refIdx−1, 0) to (−refIdx−1, H−1) in the intra prediction reference line indicated by the reference line index of the current block, and the prediction sample is derived as the DC value,
and wherein the refIdx is a value of the reference line index, W represents a width of the current block, H represents a height of the current block, and the prediction related information includes the reference line index
Claim Rejections - 35 USC § 112
9. 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.
10. Claim 1 is 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 pre-AIA the applicant regards as the invention.
For claim 1, it recites limitations of “a reconstructed sample” in “and generate a reconstructed sample of the current block based on the image information, wherein the reconstructed sample is generated based on: deriving an intra prediction type for the current block among intra prediction types based on the prediction related information”; However, it is not clear whether only one reconstructed sampled is generated for the current block (note: the current block has many samples) or a plurality of reconstructed sampled are generated for the current block to decode the image (note: the claim is about decoding apparatus for image decoding).
Thus the scope of the claim is unclear.
11. Claim 2 is 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 pre-AIA the applicant regards as the invention.
For claim 2, it recites limitations of “a reconstructed sample” in “generate a reconstructed sample of a current block; generate prediction related information for the current block; and encode image information including the prediction related information, wherein the reconstructed sample of the current block is generated based on: determining an intra prediction type for the current block among intra prediction types; constructing an intra prediction mode candidate list of the current block including a DC intra prediction mode based on intra prediction modes of neighboring blocks of the current block”; However, it is not clear whether only one reconstructed sampled is generated for the current block (note: the current block has many samples) or a plurality of reconstructed sampled are generated for the current block to encode the image (note: the claim is about encoding apparatus for image encoding).
Thus the scope of the claim is unclear.
12. Claim 3 is 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 pre-AIA the applicant regards as the invention.
For claim 3, it recites limitations of “a reconstructed sample” in “wherein the bitstream is generated based on generating a reconstructed sample of a current block; ….wherein the reconstructed sample of the current block is generated based on: determining an intra prediction type for the current block among intra prediction types, constructing an intra prediction mode candidate list of the current block including a DC intra prediction mode based on intra prediction modes of neighboring blocks of the current block”; However, it is not clear whether only one reconstructed sampled is generated for the current block (note: the current block has many samples) or a plurality of reconstructed sampled are generated for the current block to encode the image (note: the claim is about encoding apparatus for image encoding).
Thus the scope of the claim is unclear.
13. Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form 892.
14. Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZAIHAN JIANG whose telephone number is (571)272-1399. The examiner can normally be reached on flexible.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sath Perungavoor can be reached on (571)272-7455. The fax phone number for the organization where this application or proceeding is assigned is 571-270-0655.
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/ZAIHAN JIANG/Primary Examiner, Art Unit 2488
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