DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. 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).
3. 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).
4. 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.
5. 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.
6. Claims 1-9 of the instant application is rejected on the ground of nonstatutory double patenting as being unpatentable over patented claims 4-9,12-16 of U.S. Patent No. 12323605. Although the conflicting claims are not identical, they are not patentably distinct from each other because they claim the same scope of the invention, but using different variations. The claims of the instant application is broader than the corresponding patented claims.
19/199215
US 12323605
1. A method for decoding a video signal, comprising: parsing a matrix-based intra prediction (MIP) flag indicating whether an MIP mode is applied to a current luma block; generating a luma prediction sample of a current luma block by applying the MIP mode to the current luma block when the MIP mode is applied to the current luma block; generating the luma prediction sample of the current luma block by not applying the MIP mode to the current luma block when the MIP mode is not applied to the current luma block; determining, based on the MIP flag, whether to use an inverse LFNST(low frequency non-separable transform) of the current luma block and whether to parse a LFNST index indicating a transform kernel used for the inverse LFNST; generating a residual block of the current luma block by performing an inverse transform on the current luma block based on the determination; and restoring the current luma block based on the luma prediction sample and the residual block of the current luma block.
4. The method of claim 1, further comprising: parsing an MIP flag indicating whether the MIP mode is applied to a current luma block; generating a luma prediction sample of the current luma block by applying the MIP to the current luma block when the MIP mode is applied to the current luma block; generating the luma prediction sample of the current luma block without applying the MIP to the current luma block when the MIP mode is not used for the current luma block; generating a residual block of the current luma block by performing an inverse transform on the current luma block; and restoring the current luma block based on the luma prediction sample and the residual block of the current luma block.
5. … wherein the generating the residual block of the current luma block includes determining, based on the MIP flag, whether to use an inverse LFNST (low frequency non-separable transform) of the current luma block and whether to parse a LFNST index indicating a transform kernel used for the inverse LFNST.
2. The method of claim 1, wherein the parsing of the MIP flag includes: obtaining a syntax element indicating whether the MIP mode is to be used in a current sequence, and determining whether to parse the MIP flag based on the obtained syntax element.
6. The method of claim 4, wherein the parsing of the MIP flag includes: obtaining a syntax element indicating whether the MIP mode is to be used in a current sequence, and determining whether to parse the MIP flag based on the obtained syntax element.
3. The method of claim 1, further comprising: generating a most probable mode, MPM, list of the current luma block based on intra prediction modes of neighboring blocks adjacent to a bottom left and a top right of the current luma block when the MIP mode is not applied to the current luma block; inducing a luma intra prediction mode of the current luma block based on the MPM list; and generating a luma prediction sample of the current luma block by using the luma intra prediction mode.
7. The method of claim 4, further comprising: generating a most probable mode (MPM) list of the current luma block based on intra prediction modes of neighboring blocks adjacent to a bottom left and a top right of the current luma block, when the MIP mode is not applied to the current luma block; inducing a luma intra prediction mode of the current luma block based on the MPM list; and generating a luma prediction sample of the current luma block by using the luma intra prediction mode.
4. The method of claim 3, wherein when the MIP mode is applied to at least one block among the neighboring blocks adjacent to the bottom left and the top right of the current luma block, a luma intra prediction mode of the block to which the MIP mode is applied is set to a preset specific luma intra prediction mode.
8. The method of claim 7, wherein when the MIP mode is applied to at least one block among the neighboring blocks adjacent to the bottom left and the top right of the current luma block, a luma intra prediction mode of the block to which the MIP mode is applied is set to the preset specific luma intra prediction mode.
5. A device for decoding a video signal, comprising: a processor, wherein the processor is configured to: parse a matrix-based intra prediction (MIP) flag indicating whether an MIP mode is applied to a current luma block; generate a luma prediction sample of the current luma block by applying the MIP mode to the current luma block when the MIP mode is applied to the current luma block; generate the luma prediction sample of the current luma block by not applying the MIP mode to the current luma block when the MIP mode is not applied to the current luma block; determine, based on the MIP flag, whether to use an inverse LFNST(low frequency non-separable transform) of the current luma block and whether to parse a LFNST index indicating a transform kernel used for the inverse LFNST generate a residual block of the current luma block by performing an inverse transform on the current luma block based on the determination; and restore the current luma block based on the luma prediction sample and the residual block of the current luma block.
9. A device for decoding a video signal, comprising: a processor,
12. The device of claim 9, wherein the processor is configured to: parse an MIP flag indicating whether the MIP mode is applied to a current luma block; generate a luma prediction sample of the current luma block by applying the MIP to the current luma block when the MIP mode is applied to the current luma block; generate the luma prediction sample of the current luma block without applying the MIP to the current luma block when the MIP mode is not used for the current luma block; generate a residual block of the current luma block by performing an inverse transform on the current luma block; and restore the current luma block based on the luma prediction sample and the residual block of the current luma block.
13. … determine, based on the MIP flag, whether to use an inverse LFNST (low frequency non-separable transform) of the current luma block and whether to parse a LFNST index indicating a transform kernel used for the inverse LFNST.
6. The device of claim 5, wherein the processor is configured to: obtain a syntax element indicating whether the MIP mode is to be used in a current sequence, and determine whether to parse the MIP flag based on the obtained syntax element.
14. … wherein the processor is configured to: obtain a syntax element indicating whether the MIP mode is to be used in a current sequence, and determine whether to parse the MIP flag based on the obtained syntax element.
7. The device of claim 5, wherein the processor is configured to: generate a most probable mode (MPM) list of the current luma block based on intra prediction modes of neighboring blocks adjacent to a bottom left and a top right of the current luma block when the MIP mode is not applied to the current luma block; induce a luma intra prediction mode of the current luma block based on the MPM list; and generate a luma prediction sample of the current luma block by using the luma intra prediction mode.
15. The device of claim 12, wherein the processor is configured to: generate a most probable mode (MPM) list of the current luma block based on intra prediction modes of neighboring blocks adjacent to a bottom left and a top right of the current luma block, when the MIP mode is not applied to the current luma block; induce a luma intra prediction mode of the current luma block based on the MPM list; and generate a luma prediction sample of the current luma block by using the luma intra prediction mode.
8. The device of claim 7, wherein when the MIP mode is applied to at least one block among the neighboring blocks adjacent to the bottom left and the top right of the current luma block, a luma intra prediction mode of the block to which the MIP mode is applied is set to a preset specific luma intra prediction mode.
16. The device of claim 15, wherein when the MIP mode is applied to at least one block among the neighboring blocks adjacent to the bottom left and the top right of the current luma block, a luma intra prediction mode of the block to which the MIP mode is applied is set to a preset specific luma intra prediction mode.
9. A method for encoding a video signal, comprising: encoding a matrix-based intra prediction (MIP) flag indicating whether an MIP mode is applied to a current luma block, wherein the MIP flag, in a decoding process, is used for determining whether to use an inverse low frequency non-separable transform (LFNST) of the current luma block and whether to parse a LFNST index indicating a transform kernel used for the inverse LFNST; generating a luma prediction sample of a current luma block by applying the MIP mode to the current luma block when the MIP mode is applied to the current luma block; generating the luma prediction sample of the current luma block by not applying the MIP mode to the current luma block when the MIP mode is not applied to the current luma block; generating a residual block of the current luma block by performing an inverse transform on the current luma block based on the MIP flag; and restoring the current luma block based on the luma prediction sample and the residual block of the current luma block.
4. … comprising: parsing an MIP flag indicating whether the MIP mode is applied to a current luma block; generating a luma prediction sample of the current luma block by applying the MIP to the current luma block when the MIP mode is applied to the current luma block; generating the luma prediction sample of the current luma block without applying the MIP to the current luma block when the MIP mode is not used for the current luma block; generating a residual block of the current luma block by performing an inverse transform on the current luma block; and restoring the current luma block based on the luma prediction sample and the residual block of the current luma block.
5. … based on the MIP flag, whether to use an inverse LFNST (low frequency non-separable transform) of the current luma block and whether to parse a LFNST index indicating a transform kernel used for the inverse LFNST.
It is noted that, encoding process is an obvious variant of the decoding process, an encoder provides the exact reverse/reciprocal process of a decoder, which would have been obvious to one skilled in the art.
In view of the above, allowing claims 1-9 of the instant application would result in an
unjustified or improper time-wise extension of the "right to exclude" granted by a patent. See In re
Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Feb. Cir. 1993).
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/BEHROOZ M SENFI/Primary Examiner, Art Unit 2482
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