DETAILED ACTION
Notice of Pre-AIA or AIA Status
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
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.
Claims 1-5 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 11,936,886. Although the claims at issue are not identical, they are not patentably distinct from each other because the outstanding application simply broadens the scope of the claims to include any parameters with a same value rather than specifically including two parameters that both indicate the total number of temporal sub-layers.
Application No. 19/199,809 Claim 1
U.S. Patent No. 11,936,886 Claim 1
An encoder comprising: memory; and circuitry coupled to the memory and configured to:
An encoder comprising: memory; and circuitry coupled to the memory and configured to:
store one or more first parameters for each of temporal sub-layers in buffering period supplemental enhancement information (SEI), the one or more first parameters indicating initial delays in timing for extracting data from a coded picture buffer (CPB); and
for each of temporal sub-layers for temporal scalability different from spatial scalability, store first parameters into buffering period supplemental enhancement information (SEI) and encode the first parameters, the first parameters presenting initial delays in timing to extract data from a coded picture buffer (CPB); and
store a second parameter in the buffering period SEI, the second parameter indicating a number of the one or more first parameters,
store a second parameter into the buffering period SEI and encode the second parameter, the second parameter indicating a total number of the temporal sub-layers,
wherein a third parameter is included in a Hypothetical Reference Decoder (HRD) parameter syntax, and the third parameter has a value equal to a value of the second parameter.
wherein a value of the second parameter is equal to a value of a third parameter that is encoded into a sequence parameter set and indicates a total number of the temporal sub-layers.
Claims 2-5 are similarly unpatentable over claims 2-3 of U.S. Patent No. 11,936,886.
Claims 1-5 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 of U.S. Patent No. 12,335,498. Although the claims at issue are not identical, they are not patentably distinct from each other because the outstanding application simply broadens the scope of the claims to include any parameters with a same value rather than specifically including two separate parameters with the same value that specify the number of timing delays and associated schedules.
Application No. 19/199,809 Claim 1
U.S. Patent No. 12,335,498 Claim 1
An encoder comprising: memory; and circuitry coupled to the memory and configured to:
An encoder comprising: memory; and circuitry coupled to the memory and configured to:
store one or more first parameters for each of temporal sub-layers in buffering period supplemental enhancement information (SEI), the one or more first parameters indicating initial delays in timing for extracting data from a coded picture buffer (CPB); and
store one or more first parameters for each of temporal sub-layers in buffering period supplemental enhancement information (SEI), the one or more first parameters indicating initial delays in timing for extracting data from a coded picture buffer (CPB); and
store a second parameter in the buffering period SEI, the second parameter indicating a number of the one or more first parameters,
store a second parameter in the buffering period SEI, the second parameter indicating a number of the one or more first parameters,
wherein a third parameter is included in a Hypothetical Reference Decoder (HRD) parameter syntax, and the third parameter has a value equal to a value of the second parameter.
wherein a third parameter is included in a Hypothetical Reference Decoder (HRD) parameter syntax, and the third parameter indicates a number of schedules and has a value equal to a value of the second parameter.
Claims 2-5 are similarly unpatentable over claims 2-5 of U.S. Patent No. 12,335,498.
Claim Rejections - 35 USC § 102
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.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang (WO 2015/195763 A1).
Regarding claims 1-5, Wang discloses an encoder (and corresponding decoder) comprising: memory; and circuitry coupled to the memory and configured to:
store one or more first parameters for each of temporal sub-layers in buffering period supplemental enhancement information (SEI), the one or more first parameters indicating initial delays in timing for extracting data from a coded picture buffer (CPB delays indicated in SEI message, paragraphs 0073-0075); and
store a second parameter in the buffering period SEI, the second parameter indicating a number of the one or more first parameters (at least the number of layers in the event each layer has one associated CPB delay, paragraph 0071), wherein
a third parameter is included in a Hypothetical Reference Decoder (HRD) parameter syntax, and the third parameter has a value equal to a value of the second parameter (num_sub_layer_hrd_minus1[i], paragraph 0071).
Regarding claim 5, said claim is drawn to a non-transitory computer readable medium storing a bitstream. The details regarding the manner in which the bitstream could be utilized if it were executed by a computer are not included in the scope of the claim, as claimed details only describe the structure of the bitstream itself. This constitutes non-functional descriptive language, as there is no claimed functional relationship between the bitstream and the non-transitory computer readable medium. Should the application be found to be in condition for allowance in the future, claim 5 must be amended to establish a functional relationship between the non-transitory computer readable medium and the bitstream (i.e. the bitstream is read from the non-transitory computer readable medium and controls the operation of an encoder or decoder). See MPEP 2111.05 III.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOMINIC D SALTARELLI whose telephone number is (571)272-7302. The examiner can normally be reached 9:00 am - 5:00 pm EST.
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, Nathan Flynn can be reached at (571) 272-1915. 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.
/DOMINIC D SALTARELLI/ Primary Examiner, Art Unit 2421
Prosecution Insights