CTNF 19/197,320 CTNF 90177 DETAILED ACTION This office action is in response to an application filed 5/2/2025, wherein claims 1-4 are pending and being examined. 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 06-52 The information disclosure statement (IDS) was submitted on 5/2/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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. 08-36 AIA Claim s 1-4 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-4 of U.S. Patent No. 11,936,870 in view of Andersson et al. (US 2020/0059647) (hereinafter Andersson) . In regard to claim 1 , Instant Application US Patent No. 11,936,870 1. An image decoding method comprising: 1. An image decoding method comprising: determining at least one coding unit by hierarchically splitting a current image; determining a current transform unit in a current coding unit; determining at least one transform unit in the at least one coding unit; determining whether to obtain residual data of the current transform unit by applying or skipping a transformation on the current transform unit; determining whether to decode residual data of the at least one transform unit according to a transform skip mode; when it is determined to obtain the residual data of the current transform by skipping the transformation on the current transform unit, obtaining a significant sub-block flag which indicates whether a sub-block in the current transform unit comprises at least one non-zero coefficient or not; based on determining that the residual data is to be decoded according to the transform skip mode, obtaining a significant subgroup flag about a subgroup in the at least one transform unit; when the significant sub-block flag indicates that the sub-block comprises the at least one non-zero coefficient, obtaining at least one of a significant coefficient flag, a sign flag, a first flag and a parity flag by decoding at least one first bin about the significant coefficient flag, the sign flag, the first flag and the parity flag based on a context model, obtaining a second flag by decoding a second bin about the second flag, wherein a sum of numbers of the at least one first bin and the second flag is equal to or smaller than a number determined based on at least one of width and height of the current transform unit; based on the significant subgroup flag indicating that the subgroup comprises at least one non-zero significant coefficient and scanning information about coefficients of the subgroup, obtaining at least one first bin about at least one of a significant coefficient flag, a sign flag, a first flag, and a parity flag of a coefficient of a current scan position, the number of the at least one first bin being equal to or smaller than a predetermined number of bins, and the at least one first bin being arithmetic encoded by using a context model; obtaining the residual data of the current transform unit, based on at least one of a base level of a coefficient comprised in the sub-block and a remainder excluding the base level from an absolute value of the coefficient, wherein the base level is determined by using the significant coefficient flag, the first flag, the second flag and the parity flag; and obtaining the residual data comprising at least one coefficient in the subgroup, based on at least one of a base level of the coefficient of the current scan position obtained by arithmetic decoding the first bin by using the context model and a remainder of an absolute value excluding the base level; and obtaining a reconstruction block of the current coding unit by using the residual data of the current transform unit, obtaining a reconstruction block of the coding unit, based on the residual data, wherein: the significant coefficient flag indicates whether the coefficient is a non-zero coefficient or not, the first flag indicates whether the absolute value of the coefficient is greater than a first predetermined value or not, the second flag indicates whether the absolute value of the coefficient is greater than a second predetermined value or not, and the parity flag indicates whether the coefficient is an odd number or an even number. wherein the significant subgroup flag indicates whether the subgroup comprises the at least one non-zero significant coefficient, the significant coefficient flag indicates whether the coefficient of the current scan position is a non-zero coefficient, the first flag indicates whether an absolute value of the coefficient of the current scan position is greater than 1, and the parity flag of the coefficient of the current scan position indicates whether the coefficient of the current scan position is an odd number or an even number. As outlined above, claim 1 of U.S. Patent No. 11,936,870 does not explicitly disclose wherein when the significant sub-block flag indicates that the sub-block dose not comprise at least one non-zero coefficient, the coefficient comprised in the sub-block is determined to be zero. However Andersson discloses, obtaining a significant sub-block flag which indicates whether a sub-block in the current transform unit comprises at least one non-zero coefficient or not; [¶0112; encode a flag that indicates that information from estimated quantized coefficients are used if the flag is 1 and indicates that no information from estimated quantized coefficients are used when the flag is 0… significant sub- block flags can be decoded until all sub-blocks of non-zero delta coefficient significant flags have been decoded. ¶0179-¶0180]. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine claim 1 of U.S. Patent No. 11,936,870 with the significant sub-block flag as disclosed by Andersson in order to signal the position of non-zero coefficients to a decoder in an efficient manner [Andersson ¶0063-¶0064, ¶0126-¶0128, ¶0179-¶0180]. As disclosed by Andersson, using significant sub-block flags in the disclosed manner can provide efficient signaling of the position of non-zero coefficients to a decoder. In regard to claim 2 , this claim is drawn to an image decoding apparatus corresponding to the image decoding apparatus of claim 2 of U.S. Patent No. 11,936,870. As the two claims are not patentably distinct, this claim is rejected for the same reasons noted in the rejection of claim 1. In regard to claim 3 , this claim is drawn to an image encoding method corresponding to the image encoding method of claim 3 of U.S. Patent No. 11,936,870. As the two claims are not patentably distinct, this claim is rejected for the same reasons noted in the rejection of claim 1. In regard to claim 4 , this claim is drawn to a non-transitory computer-readable storage medium storing a bitstream corresponding to the non-transitory computer-readable storage medium storing a bitstream of claim 4 of U.S. Patent No. 11,936,870. As the two claims are not patentably distinct, this claim is rejected for the same reasons noted in the rejection of claim 1 . 08-36 Claims 1-4 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of U.S. Patent No. 12,309,374. In regard to claim 1 , Instant Application US Patent No. 12,309,374 1. An image decoding method comprising: 1. An image decoding method comprising: determining a current transform unit in a current coding unit; determining a current transform unit in a current coding unit; determining whether to obtain residual data of the current transform unit by applying or skipping a transformation on the current transform unit; determining whether to obtain residual data of the current transform unit by applying or skipping a transformation on the current transform unit; when it is determined to obtain the residual data of the current transform by skipping the transformation on the current transform unit, obtaining a significant sub-block flag which indicates whether a sub-block in the current transform unit comprises at least one non-zero coefficient or not; when it is determined to obtain the residual data of the current transform by skipping the transformation on the current transform unit, obtaining a significant sub-block flag which indicates whether a sub-block in the current transform unit comprises at least one non-zero coefficient or not; when the significant sub-block flag indicates that the sub-block comprises the at least one non-zero coefficient, obtaining at least one of a significant coefficient flag, a sign flag, a first flag and a parity flag by decoding at least one first bin about the significant coefficient flag, the sign flag, the first flag and the parity flag based on a context model, obtaining a second flag by decoding a second bin about the second flag, wherein a sum of numbers of the at least one first bin and the second flag is equal to or smaller than a number determined based on at least one of width and height of the current transform unit; when the significant sub-block flag indicates that the sub-block comprises at least one non-zero coefficient, obtaining at least one of a significant coefficient flag, a sign flag, a first flag and a parity flag by decoding at least one first bin about the significant coefficient flag, the sign flag, the first flag and the parity flag based on a context model, wherein the number of the at least one first bin is equal to or smaller than a number determined based on at least one of width and height of the current transform unit; obtaining the residual data of the current transform unit, based on at least one of a base level of a coefficient comprised in the sub-block and a remainder excluding the base level from an absolute value of the coefficient, wherein the base level is determined by using the significant coefficient flag, the first flag and the parity flag; and obtaining the residual data comprising at least one coefficient in the subgroup, based on at least one of a base level of the coefficient of the current scan position obtained by arithmetic decoding the first bin by using the context model and a remainder of an absolute value excluding the base level; and obtaining a reconstruction block of the current coding unit by using the residual data of the current transform unit, obtaining a reconstruction block of the coding unit, based on the residual data, wherein when the significant sub-block flag indicates that the sub-block dose not comprise at least one non-zero coefficient, the coefficient comprised in the sub-block is determined to be zero, wherein: the significant coefficient flag indicates whether the coefficient is a non-zero coefficient or not, the first flag indicates whether the absolute value of the coefficient is greater than a predetermined value or not, the parity flag indicates whether the coefficient is an odd number or an even number. wherein the significant subgroup flag indicates whether the subgroup comprises the at least one non-zero significant coefficient, the significant coefficient flag indicates whether the coefficient of the current scan position is a non-zero coefficient, the first flag indicates whether an absolute value of the coefficient of the current scan position is greater than 1, and the parity flag of the coefficient of the current scan position indicates whether the coefficient of the current scan position is an odd number or an even number. As outlined above, claim 1 of the instant generally corresponds to claim 1 of US Patent No. 12,309,374, wherein every limitation is anticipated by and/or rendered obvious by a corresponding limitation in claim 1 of US Patent No. 12,309,374. Therefore the claims are not patentably distinct and claim 1 is rejected on the grounds of non-statutory double patenting. In regard to claim 2 , this claim is drawn to an image decoding apparatus corresponding to the image decoding apparatus of claim 2 of U.S. Patent No. 12,309,374. As the two claims are not patentably distinct, this claim is rejected for the same reasons noted in the rejection of claim 1. In regard to claim 3 , this claim is drawn to an image encoding method corresponding to the image encoding method of claim 3 of U.S. Patent No. 12,309,374. As the two claims are not patentably distinct, this claim is rejected for the same reasons noted in the rejection of claim 1. In regard to claim 4 , this claim is drawn to a non-transitory computer-readable storage medium storing a bitstream corresponding to the non-transitory computer-readable storage medium storing a bitstream of claim 4 of U.S. Patent No. 12,309,374. As the two claims are not patentably distinct, this claim is rejected for the same reasons noted in the rejection of claim 1. Claim Rejections - 35 USC § 102 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15-aia AIA Claim(s) 4 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Kim et al. (US 2013/0223521) (hereinafter Kim) . In regard to claim 4 , claim 4 is directed to a non-transitory computer-readable medium having stored therein a bitstream generated by an encoding method. Significantly, the claimed non-transitory computer readable medium is NOT implementing any actual method; no instructions/steps are being executed. Instead, the claimed storage medium merely stores the data output from and/or generated by a series of acts. In other words, these claims are directed to a mere machine-readable medium storing data content (a bitstream generated by an encoded method). Applicant therefore seeks to patent the storage of a bitstream in the abstract. In other words , the claim seeks to patent the content of the information (bitstream comprising video information) and not the process itself . Moreover, this stored bitstream does not impose any definitive physical organization on the data as there is no functional relationship between the bitstream and the storage medium. In conclusion, claim 17 and any claims depending therefrom are directed to mere data content (bitstream generated by a series of acts) stored as a bitstream on a computer-readable storage medium. Under MPEP 2111.05(III), such claims are merely machine-readable media. Furthermore, the Examiner found and continues to find that there is no disclosed or claimed functional relationship between the stored data and medium. Instead, the medium is merely a support or carrier for the data being stored. Therefore, the data stored and the way such data is generated should not be given patentable weight. See MPEP 2111.05 applying In re Lowry, 32 F.3d 1579, 1583-84, 32 USPQ2d 1031, 1035 (Fed. Cir. 1994) and In re Ngai, 367 F.3d 1336, 70 USPQ2d 1862 (Fed. Cir. 2004). As such, this claim is subject to a prior art rejection based on any non-transitory computer readable medium known before the earliest effective filing date of the present application. Therefore, claim 1 is anticipated by Kim, as Kim discloses a computer readable medium storing a coded bitstream. Kim discloses, A non-transitory computer-readable storage medium storing a bitstream [¶0073; electronic device 421 transmits the generated bit stream over a network and/or stores the generated bit stream in a memory device in block 515. ¶0209-¶0210; encode the block of data… stores the generated bit stream in a memory device] , the bitstream being encoded by an image encoding method comprising: determining a current transform unit in a current coding unit; determining whether to obtain residual data of the current transform unit by applying or skipping a transformation on the current transform unit; when it is determined to obtain the residual data of the current transform by skipping the transformation on the current transform unit, generating a significant sub-block flag which indicates whether a sub-block in the current transform unit comprises at least one non-zero coefficient or not; when the significant sub-block flag indicates that the sub-block comprises the at least one non-zero coefficient, generating at least one first bin by encoding at least one of a significant coefficient flag, a sign flag, a first flag, and a parity flag based on a context model, generating a second bin by encoding a second flag, wherein a sum of numbers of the at least one first bin and the second flag is equal to or smaller than a number determined based on at least one of width and height of the current transform unit; and generating the bitstream including the residual data that includes the significant sub- block flag, the at least one first bin, and the second bin, wherein: the significant coefficient flag indicates whether a coefficient is a non-zero coefficient or not, the first flag indicates whether an absolute value of the coefficient is greater than a first predetermined value or not, the second flag indicates whether the absolute value of the coefficient is greater than a second predetermined value or not, and the parity flag indicates whether the coefficient is an odd number or an even number. Allowable Subject Matter Claims 1-3 would be allowable if terminal disclaimers are filed to overcome the double patenting rejections noted herein. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to REBECCA A VOLENTINE whose telephone number is (571)270-7261. The examiner can normally be reached Monday-Friday 9am - 5pm. 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, Joe Ustaris can be reached at (571)272-7383. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /REBECCA A VOLENTINE/Primary Examiner, Art Unit 2483 May 7, 2026 Application/Control Number: 19/197,320 Page 2 Art Unit: 2483 Application/Control Number: 19/197,320 Page 3 Art Unit: 2483 Application/Control Number: 19/197,320 Page 4 Art Unit: 2483 Application/Control Number: 19/197,320 Page 5 Art Unit: 2483 Application/Control Number: 19/197,320 Page 6 Art Unit: 2483 Application/Control Number: 19/197,320 Page 7 Art Unit: 2483 Application/Control Number: 19/197,320 Page 8 Art Unit: 2483 Application/Control Number: 19/197,320 Page 9 Art Unit: 2483 Application/Control Number: 19/197,320 Page 10 Art Unit: 2483 Application/Control Number: 19/197,320 Page 11 Art Unit: 2483 Application/Control Number: 19/197,320 Page 12 Art Unit: 2483 Application/Control Number: 19/197,320 Page 13 Art Unit: 2483 Application/Control Number: 19/197,320 Page 14 Art Unit: 2483 Application/Control Number: 19/197,320 Page 15 Art Unit: 2483 Application/Control Number: 19/197,320 Page 16 Art Unit: 2483 Application/Control Number: 19/197,320 Page 17 Art Unit: 2483 Application/Control Number: 19/197,320 Page 18 Art Unit: 2483
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