DETAILED ACTION
1. The communication is in response to the application received 04/25/2025, where Claims 1-11 are pending and are examined as follows. This is a continuation of Parent Application No. 17/259,842, now U.S. Patent No. 12,309,396 B2.
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) were submitted on 04/25/2025. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Priority
4. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Examiner’s notes
5. Upon examination of independent claim 11 (“A non-transitory computer readable recording medium storing a bitstream generated by a method of encoding an image, wherein the method comprising:”), this is a product by process claim limitation where the product is a bitstream and the process is the method steps to generate the bitstream. MPEP §2113 recites “Product-by-Process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps”. Thus, the scope of the claim is the storage medium storing the bitstream (with the structure implied by the method steps). The structure includes the information and samples manipulated by the steps. “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 storage medium storing the claimed bitstream in claim 11 merely serves as a support for the storage of the bitstream and provides no functional relationship between the stored bitstream and storage medium. Therefore the structure bitstream, which scope is implied by the method steps, is non-functional descriptive material and given no patentable weight. MPEP §2111.05(III). Thus, the claim scope is just a storage medium storing data and is anticipated by any prior art which recites a storage medium storing a bitstream. Please see details below with respect to the prior art rejection of claim 11 under 35 U.S.C. 102.
6. For the same reasons presented in the Notice of Allowance (01/21/2025) for Parent Application 17/259,842 (now U.S. Patent No. 12,309,396 B2), the closest prior art (notably Chong, Wang, Karczewicz, and Cook) do not reasonably teach and/or suggest, either alone or in combination, all of the disclosed features of the instant claims given their broadest reasonable interpretation (BRI). Other than the prior art rejection of claim 11 referenced above, no further prior art rejections have been made in light of the foregoing.
Specification
7. The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Please include more specific terms that reflect the claimed subject matter.
Drawings
8. The drawings are objected to because of the following. Some text in figs. 1-2, 8, and 29 are either too small and/or too light to be able to read. Please update accordingly. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Double Patenting
9. 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 claims at issue 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 1.321I or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference 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. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
10. Claims 1-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of U.S. Patent No.12,309,396 B2, hereinafter referred to as 396. Although the claims at issue are not identical, they are not patentably distinct from each other because the patented claims of 396 anticipate the instant claims of this application, where both are directed to adaptively and flexibly configure a transform coefficient grouping. Please refer to for e.g. col. 4 lines 9-29 of 396 and ¶28 in the filed specification of the Instant Application. Please refer to table 1 below which illustrates the mapping between both claim sets.
Table 1
**Note: The items below that are BOLD/UNDERLINED in the Instant Application/Co-pending Application, respectively, indicate differences in the claim limitation.
Instant Application 19/190,511
US Patent No. 12,309,396 B2
(17/259,842)
Claim 1
A method of decoding an image, the method comprising: determining a non-zeroed region of a current block; partitioning the non-zeroed region into transform coefficient groups; decoding transform coefficients of the non-zeroed region on the per transform coefficient group basis; and generating a residual block of the current block based on the transform coefficients of the non-zeroed region, wherein a size of each of the transform coefficient groups is determined based on a width and a height of the non-zeroed region, and wherein, for the non-zeroed region of which width or height is smaller than a first predefined size, a shape of each of the transform coefficient groups is determined to be a non-square shape having a second predefined size, when an area of the non-zeroed region is larger than a predefined area and a shape of the non-zeroed region is a non-square shape, and wherein, for the non-zeroed region of which width and height is larger than the first predefined size, each of the transform coefficient groups is determined to have a third predefined size which is different from the second predefined size.
Note: “and generating a residual block of the current block based on the transform coefficients of the non-zeroed region” is deemed within the level of skill in the art.”
Claim 1
A method of decoding an image, the method comprising: determining a non-zeroed region within a current block; partitioning the non-zeroed region into transform coefficient groups after determining the non-zeroed region within the current block; and decoding a transform coefficient on the per transform coefficient group basis, wherein a size of each of the transform coefficient groups is determined based on a width and a height of the non-zeroed region, and wherein, for the non-zeroed region of which width or height is smaller than a first predefined size, a shape of each of the transform coefficient groups is determined to be a non-square shape having a second predefined size, when an area of the non-zeroed region is larger than a predefined area and a shape of the non-zeroed region is a non-square shape, and wherein, for the non-zeroed region of which width and height is larger than the first predefined size, each of the transform coefficient groups is determined to have a third predefined size which is different from the second fifth predefined size.
Claim 2
The method of claim 1, wherein at the determining of the non-zeroed region, when a width or a height of the current block is larger than a fourth predefined size, a region of which a size is larger than the fourth predefined size within the current block is determined to be a zeroed region, a region except for the zeroed region within the current block is determined to be the non-zeroed region.
Claim 2
The method of claim 1, wherein at the determining of the non-zeroed region, when a width or a height of the current block is larger than a fourth predefined size, a region of which a size is larger than the fourth predefined size within the current block is determined to be a zeroed region, a region except for the zeroed region within the current block is determined to be the non-zeroed region.
Claim 3
The method of claim 1, wherein at the determining of the non-zeroed region, the determining is based on a type of frequency transform of the current block.
Claim 3
The method of claim 1, wherein at the determining of the non-zeroed region, the determining is based on a type of frequency transform of the current block.
Claim 4
The method of claim 1, wherein at the determining of the non-zeroed region, when a type of frequency transform of the current block is DST-7 or DCT-8, a region of which a size is equal to or smaller than a fifth predefined size within the current block is determined to be the non-zeroed region.
Claim 4
The method of claim 1, wherein at the determining of the non-zeroed region, when a type of frequency transform of the current block is DST-7 or DCT-8, a region of which a size is equal to or smaller than a fifth predefined size within the current block is determined to be the non-zeroed region.
Claim 5
The method of claim 1, wherein at the determining of the non-zeroed region, when a type of frequency transform of the current block is DCT-2, a region of which a size is equal to or smaller than a sixth predefined size within the current block is determined to be the non-zeroed region.
Claim 5
The method of claim 1, wherein at the determining of the non-zeroed region, when a type of frequency transform of the current block is DCT-2, a region of which a size is equal to or smaller than a sixth predefined size within the current block is determined to be the non-zeroed region.
Claim 6
A method of encoding an image, the method comprising: generating transform coefficients of a current block; determining a non-zeroed region within the current block;
partitioning the non-zeroed region into transform coefficient groups; and encoding transform coefficients of the non-zeroed region on the per transform coefficient group basis, wherein a size of each of the transform coefficient groups is determined based on a width and a height of the non-zeroed region, and wherein, for the non-zeroed region of which width or height is smaller than a first predefined size, a shape of each of the transform coefficient groups is determined to be a non-square shape having a second predefined size, when an area of the non-zeroed region is larger than a predefined area and a shape of the non-zeroed region is a non-square shape, and wherein, for the non-zeroed region of which width and height is larger than the first predefined size, each of the transform coefficient groups is determined to have a third predefined size which is different from the second predefined size.
Note: “generating transform coefficients of a current block” is deemed within the level of skill in the art.”
Claim 6
A method of encoding an image, the method comprising: determining a non-zeroed region within a current block; partitioning the non-zeroed region into transform coefficient groups after determining the non-zeroed region within the current block; and encoding a transform coefficient on the per transform coefficient group basis, wherein a size of each of the transform coefficient groups is determined based on a width and a height of the non-zeroed region, and wherein, for the non-zeroed region of which width or height is smaller than a first predefined size, a shape of each of the transform coefficient groups is determined to be a non-square shape having a second predefined size, when an area of the non-zeroed region is larger than a predefined area and a shape of the non-zeroed region is a non-square shape, and wherein, for the non-zeroed region of which width and height is larger than the first predefined size, each of the transform coefficient groups is determined to have a third predefined size which is different from the second predefined size.
Claim 7
The method of claim 6, wherein at the determining of the non-zeroed region, when a width or a height of the current block is larger than a fourth predefined size, a region of which a size is larger than the fourth predefined size within the current block is determined to be a zeroed region, a region except for the zeroed region within the current block is determined to be the non-zeroed region.
Claim 7
The method of claim 6, wherein at the determining of the non-zeroed region, when a width or a height of the current block is larger than a fourth predefined size, a region of which a size is larger than the fourth predefined size within the current block is determined to be a zeroed region, a region except for the zeroed region within the current block is determined to be the non-zeroed region.
Claim 8
The method of claim 6, wherein at the determining of the non-zeroed region, the determining is based on a type of frequency transform of the current block.
Claim 8
The method of claim 6, wherein at the determining of the non-zeroed region, the determining is based on a type of frequency transform of the current block.
Claim 9
The method of claim 6, wherein at the determining of the non-zeroed region, when a type of frequency transform of the current block is DST-7 or DCT-8, a region of which a size is equal to or smaller than a fifth predefined size within the current block is determined to be the non-zeroed region.
Claim 9
The method of claim 6, wherein at the determining of the non-zeroed region, when a type of frequency transform of the current block is DST-7 or DCT-8, a region of which a size is equal to or smaller than a fifth predefined size within the current block is determined to be the non-zeroed region.
Claim 10
The method of claim 6, wherein at the determining of the non-zeroed region, when a type of frequency transform of the current block is DCT-2, a region of which a size is equal to or smaller than a sixth predefined size within the current block is determined to be the non-zeroed region.
Claim 10
The method of claim 6, wherein at the determining of the non-zeroed region, when a type of frequency transform of the current block is DCT-2, a region of which a size is equal to or smaller than a sixth predefined size within the current block is determined to be the non-zeroed region.
Claim 11
A non-transitory computer readable recording medium storing a bitstream generated by a method of encoding an image, wherein the method comprising: generating transform coefficients of a current block; determining a non-zeroed region within the current block; partitioning the non-zeroed region into transform coefficient groups; and encoding transform coefficients of the non-zeroed region on the per transform coefficient group basis, and wherein a size of each of the transform coefficient groups is determined based on a width and a height of the non-zeroed region, and wherein, for the non-zeroed region of which width or height is smaller than a first predefined size, a shape of each of the transform coefficient groups is determined to be a non-square shape having a second predefined size, when an area of the non-zeroed region is larger than a predefined area and a shape of the non-zeroed region is a non-square shape, and wherein, for the non-zeroed region of which width and height is larger than the first predefined size, each of the transform coefficient groups is determined to have a third predefined size which is different from the second predefined size.
Note: “generating transform coefficients of a current block” is deemed within the level of skill in the art.”
Claim 11
A non-transitory computer readable recording medium storing a bitstream generated by a method of encoding an image, wherein the method comprising: determining a non-zeroed region within a current block; partitioning the non-zeroed region into transform coefficient groups after determining the non-zeroed region within the current block; and encoding a transform coefficient on the per transform coefficient group basis, and wherein a size of each of the transform coefficient groups is determined based on a width and a height of the non-zeroed region, and wherein, for the non-zeroed region of which width or height is smaller than a first predefined size, a shape of each of the transform coefficient groups is determined to be a non-square shape having a second predefined size, when an area of the non-zeroed region is larger than a predefined area and a shape of the non-zeroed region is a non-square shape, and wherein, for the non-zeroed region of which width and height is larger than the first predefined size, each of the transform coefficient groups is determined to have a third predefined size which is different from the second predefined size.
Claim Rejections - 35 USC § 102
11. 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 11 is rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Regunathan et al. US 9,571,840 B2, hereinafter referred to as Regunathan, since this is a product by process claim limitation where the product is a bitstream and the process is the method steps to generate the bitstream (MPEP §2113). For the reasons previously presented, the storage medium storing the claimed bitstream in claim 11 merely serve as a support for the storage of the bitstream and provides no functional relationship between the stored bitstream and storage medium. Thus, the claim scope is just a storage medium storing data and is anticipated by Regunathan below which recites a storage medium storing a bitstream.
Regarding claim 11. Given the broadest reasonable interpretation (BRI) of the following limitations, Regunathan discloses and/or suggests “A non-transitory computer readable recording medium storing a bitstream generated by a method of encoding an image, wherein the method comprising [See claim 33 which recites a computer-readable storage medium having stored thereon encoded data in a bitstream for video…the encoded data including…]: generating transform coefficients of a current block; determining a non-zeroed region within the current block; partitioning the non-zeroed region into transform coefficient groups; and encoding transform coefficients of the non-zeroed region on the per transform coefficient group basis, and wherein a size of each of the transform coefficient groups is determined based on a width and a height of the non-zeroed region, and wherein, for the non-zeroed region of which width or height is smaller than a first predefined size, a shape of each of the transform coefficient groups is determined to be a non-square shape having a second predefined size, when an area of the non-zeroed region is larger than a predefined area and a shape of the non-zeroed region is a non-square shape, and wherein, for the non-zeroed region of which width and height is larger than the first predefined size, each of the transform coefficient groups is determined to have a third predefined size which is different from the second predefined size.” [The aforementioned limitation is not given patentable weight for the reasons previously discussed. See MPEP §2111.05(III)]
To help advance prosecution, it is recommended that “A non-transitory computer readable recording medium storing a bitstream generated by a method of encoding an image, wherein the method comprising:” be rewritten to also include instructions executed by a processor which cause the processor to perform the encoding method that generates the bitstream.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD A HANSELL JR. whose telephone number is (571)270-0615. The examiner can normally be reached Mon - Fri 10 am- 7 pm.
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/RICHARD A HANSELL JR./Primary Examiner, Art Unit 2486
Prosecution Insights