CTNF 19/191,994 CTNF 87964 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. Patent No. 12,316,861 Instant Application: 19/191,994 1. An image decoding apparatus, comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to: derive transform coefficients for a current block based on residual information on the current block, derive residual samples from the transform coefficients based on at least one of a low frequency non-separable transform (LFNST) or a multiple transform selection (MTS), and generate a reconstructed picture based on the residual samples, wherein whether to parse an MTS index related to an MTS kernel is determined based on a first variable indicating whether zero-out for the MTS is performed, wherein whether to parse an LFNST index related to an LFNST kernel is determined based on a second variable indicating whether zero-out for the LFNST is performed, wherein the first variable is set to an initial value of 1 in a coding unit syntax, wherein the first variable is changed to 0 based on a color index of the current block being a luma component, and wherein the second variable is determined regardless of the color index of the current block. 1. A method, comprising: deriving transform coefficients for a current block based on residual information on the current block; deriving residual samples from the transform coefficients based on at least one of a low frequency non-separable transform (LFNST) or a multiple transform selection (MTS); and generating a reconstructed picture based on the residual samples, wherein whether to parse an MTS index related to an MTS kernel is determined based on a first variable indicating whether zero-out for the MTS is performed, wherein whether to parse an LFNST index related to an LFNST kernel is determined based on a second variable indicating whether zero-out for the LFNST is performed, wherein the first variable is set to an initial value of 1 in a coding unit syntax, wherein the first variable is changed to 0 based on a color index of the current block being a luma component, and wherein the second variable is determined regardless of the color index of the current block. 2. The image decoding apparatus of claim 1, wherein the MTS index is parsed based on the first variable indicating that the zero-out for the MTS is performed. 2. The method of claim 1, wherein the MTS index is parsed based on the first variable indicating that the zero-out for the MTS is performed. 3. The image decoding apparatus of claim 1, wherein the LFNST index is parsed based on the second variable indicating that the zero-out for the LFNST is performed. 3. The method of claim 1, wherein the LFNST index is parsed based on the second variable indicating that the zero-out for the LFNST is performed. 4. The image decoding apparatus of claim 1, wherein the MTS index is parsed based on a flag related to whether a transform coefficient for the luma component of the current block is present, and wherein when a value of the flag is 0, the MTS index is not parsed. 4. The method of claim 1, wherein the MTS index is parsed based on a flag related to whether a transform coefficient for the luma component of the current block is present, and wherein when a value of the flag is 0, the MTS index is not parsed. 5. An image encoding apparatus, comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to: derive prediction samples for a current block, derive residual samples for the current block based on the prediction samples, derive transform coefficients for the current block from the residual samples based on at least one of a multiple transform selection (MTS) or a low frequency non-separable transform (LFNST), and encode at least one of an LFNST index related to an LFNST kernel or an MTS index related to an MTS kernel, wherein whether to encode the MTS index is determined based on a first variable indicating whether zero-out for the MTS is performed, wherein whether to encode the LFNST index is determined based on a second variable indicating whether zero-out for the LFNST is performed, wherein the first variable is set to an initial value of 1 in a coding unit syntax, wherein the first variable is changed to 0 based on a color index of the current block being a luma component, and wherein the second variable is determined regardless of the color index of the current block. 5. A method, comprising: deriving prediction samples for a current block; deriving residual samples for the current block based on the prediction samples; deriving transform coefficients for the current block from the residual samples based on at least one of a multiple transform selection (MTS) or a low frequency non-separable transform (LFNST); and encoding at least one of an LFNST index related to an LFNST kernel or an MTS index related to an MTS kernel, wherein whether to encode the MTS index is determined based on a first variable indicating whether zero-out for the MTS is performed, wherein whether to encode the LFNST index is determined based on a second variable indicating whether zero-out for the LFNST is performed, wherein the first variable is set to an initial value of 1 in a coding unit syntax, wherein the first variable is changed to 0 based on a color index of the current block being a luma component, and wherein the second variable is determined regardless of the color index of the current block. 6. The image encoding apparatus of claim 5, wherein the MTS index is encoded based on the first variable indicating that the zero-out for the MTS is performed. 6. The method of claim 5, wherein the MTS index is encoded based on the first variable indicating that the zero-out for the MTS is performed. 7. The image encoding apparatus of claim 5, wherein the LFNST index is encoded based on the second variable indicating that the zero-out for the LFNST is performed. 7. The method of claim 5, wherein the LFNST index is encoded based on the second variable indicating that the zero-out for the LFNST is performed. 8. The image encoding apparatus of claim 5, wherein the MTS index is encoded based on a flag related to whether a transform coefficient for the luma component of the current block is present, and wherein when a value of the flag is 0, the MTS index is not encoded. 8. The method of claim 5, wherein the MTS index is encoded based on a flag related to whether a transform coefficient for the luma component of the current block is present, and wherein when a value of the flag is 0, the MTS index is not encoded. 9. A transmission apparatus of data for an image, comprising: at least one processor configured to obtain a bitstream for the image, wherein the bitstream is generated based on deriving prediction samples for a current block, deriving residual samples for the current block based on the prediction samples, deriving transform coefficients for the current block from the residual samples based on at least one of a multiple transform selection (MTS) or a low frequency non-separable transform (LFNST), and encoding at least one of an LFNST index related to an LFNST kernel or an MTS index related to an MTS kernel; and a transmitter configured to transmit the data including the bitstream, wherein whether to encode the MTS index is determined based on a first variable indicating whether zero-out for the MTS is performed, wherein whether to encode the LFNST index is determined based on a second variable indicating whether zero-out for the LFNST is performed, wherein the first variable is set to an initial value of 1 in a coding unit syntax, wherein the first variable is changed to 0 based on a color index of the current block being a luma component, and wherein the second variable is determined regardless of the color index of the current block. 9. A method, comprising: obtaining a bitstream for an image, wherein the bitstream is generated based on deriving prediction samples for a current block, deriving residual samples for the current block based on the prediction samples, deriving transform coefficients for the current block from the residual samples based on at least one of a multiple transform selection (MTS) or a low frequency non-separable transform (LFNST), and encoding at least one of an LFNST index related to an LFNST kernel or an MTS index related to an MTS kernel; and transmitting data including the bitstream, wherein whether to encode the MTS index is determined based on a first variable indicating whether zero-out for the MTS is performed, wherein whether to encode the LFNST index is determined based on a second variable indicating whether zero-out for the LFNST is performed, wherein the first variable is set to an initial value of 1 in a coding unit syntax, wherein the first variable is changed to 0 based on a color index of the current block being a luma component, and wherein the second variable is determined regardless of the color index of the current block. 08-34 AIA Claim s 1-9 rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-9 of U.S. Patent No. 12,316,861 . Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-9 of the instant application differ from claims 1-9 of U.S. Patent 12,316,861 in that the instant application is broader in scope and therefore the entire scope of the reference claim falls within the scope of the examined claim . Allowable Subject Matter Claims 1-9 would be allowable pending the rejections seen above. The following is an examiner’s statement of reasons for allowable subject matter: The prior art of record (in particular, Bross et al. [“Versatile Video Coding (Draft 6)”, JVET-O2001-vE] and Lainema [“CE6-related: Latency Reduction for LFNST signalling”, JVET-P0196]) do not disclose, with respect to claim 1, an image decoding method which derives transform coefficients for a current block based on residual information on the current block and applies at least one of LFNST and MTS to the transform coefficients to derive residual samples and reconstruct a picture, wherein the determination of parsing an LFNST index related to an LFNST kernel is based on a second variable indicating whether a zero-out is performed, wherein the zero-out for the LFNST is determined regardless of the color index of the current block, meanwhile the determining of parsing an MTS index related to an MTS kernel is also based on a first variable indicating whether a zero-out is performed, however whether the zero-out of the MTS is performed is determined based on a color index of the current block being a luma component. Rather, though together Bross et al. and Lainema teach the derivation of transform coefficients of a current block and apply at least one of LFNST and MTS to generate a reconstructed picture and also makes a determination on whether to zero-out either the MTS or LFNST indices based on a flag as described by at least Bross et al. in page 66 via LfnstZeroOutSigCoeffFlag and parsing lfnst_idx regardless of the color component of the current block, the prior art fails to specify wherein the zeroing-out of the MTS index is determined based on a color index of the current block being a luma component as per currently claimed. Additional prior art was searched in regards to this claim limitation, however none was found by the examiner that wasn’t from the same assignee. Additionally, other prior art such as Egilmez et al. (U.S. PG Publication No. 2021/0306678) and Egilmez et al. (U.S. PG Publication No. 2021/0321137) worked with similar subject matter but was not found to sufficiently teach the required limitation. The same reasoning applies to claims 5 and 9 mutatis mutandis. 13-03 Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDEMIO NAVAS JR whose telephone number is (571)270-1067. The examiner can normally be reached M-F, ~ 9 AM -6 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, Joseph Ustaris can be reached at 5712727383. 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. EDEMIO NAVAS JR Primary Examiner Art Unit 2483 /EDEMIO NAVAS JR/Primary Examiner, Art Unit 2483 Application/Control Number: 19/191,994 Page 2 Art Unit: 2483 Application/Control Number: 19/191,994 Page 3 Art Unit: 2483 Application/Control Number: 19/191,994 Page 4 Art Unit: 2483 Application/Control Number: 19/191,994 Page 5 Art Unit: 2483 Application/Control Number: 19/191,994 Page 6 Art Unit: 2483 Application/Control Number: 19/191,994 Page 7 Art Unit: 2483 Application/Control Number: 19/191,994 Page 8 Art Unit: 2483 Application/Control Number: 19/191,994 Page 9 Art Unit: 2483 Application/Control Number: 19/191,994 Page 10 Art Unit: 2483 Application/Control Number: 19/191,994 Page 11 Art Unit: 2483 Application/Control Number: 19/191,994 Page 12 Art Unit: 2483 Application/Control Number: 19/191,994 Page 13 Art Unit: 2483 Application/Control Number: 19/191,994 Page 14 Art Unit: 2483 Application/Control Number: 19/191,994 Page 15 Art Unit: 2483 Application/Control Number: 19/191,994 Page 16 Art Unit: 2483 Application/Control Number: 19/191,994 Page 17 Art Unit: 2483 Application/Control Number: 19/191,994 Page 18 Art Unit: 2483
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