DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This office action is a response to an application filed on 05/06/2025, in which claims 1-20 are pending and ready for examination.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Information Disclosure Statement
The information disclosure statement (IDS) submitted was filed before the mailing date of the Office Action on the merits. 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
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 §§ 706.02(l)(1) - 706.02(l)(3) 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).
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Claims 1-4 and 7-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-6, and 11 of U.S. Patent No. 12323596 B2 in view of Dumas (“Context-adaptive neural network based prediction for image compression”, 08/30/2019, IDS document submitted on 05/06/2022).
Instant – 19/200,073
US. Pat 12323596 B2
Claim 1 - A method comprising intra predicting an image block using a context surrounding the image block, the context comprising available pixels that have been previously decoded and unavailable pixels that have not been previously decoded, wherein intra predicting the image block includes:
Claim 1 - A method comprising: assigning a mask value to unavailable pixels in a context comprising pixels surrounding a first image block, wherein the mask value is outside a range of available pixels in the context;
subtracting an average value of the available pixels in the context from the available pixels in the context;
subtracting an average value of the available pixels in the context from the available pixels in the context;
providing, to at least one neural network, the context and an information to distinguish unavailable pixels in the context from available pixels in the context;
providing the context to at least one neural network;
obtaining, from the at least one neural network, an output image block comprising intra prediction of the image block; and
obtaining, from the at least one neural network, a second image block comprising intra prediction of the first image block; and
post-processing the output image block by adding the average value to the intra prediction of the image block.
post-processing the second image block by adding the average value to the intra prediction of the first image block.
Claim 2 - the information is a mask value, the method further comprising, before providing the context to the at least one neural network, modifying the context by assigning the mask value to the unavailable pixels in the context.
Claim 1 - …… assigning a mask value to unavailable pixels in a context comprising pixels surrounding a first image block, ….. providing the context to at least one neural network ….
Claim 3 - adapting the context values from a bit-depth of the image block to a bit-depth of training images used for training the at least one neural network by scaling the context values before being input to the at least one neural network and inverse scaling the output image block after post-processing from the bit-depth of the training images to the bit-depth of the image block.
Claim 11 - adapting the context values from a bit-depth of the first image block to a bit-depth of training images used for training said at least one neural network by scaling the context values before being input to the at least one neural network and inverse scaling the second image block after post-processing from the bit-depth of the training images to the bit-depth of the first image block.
Claim 4 - the mask value is a value that is outside a range of values taken by the available pixels in the context after the modifying of the context.
Claim 1 - assigning a mask value to unavailable pixels in a context comprising pixels surrounding a first image block, wherein the mask value is outside a range of available pixels in the context …
Claim 7 - encoding the image block based on the intra prediction.
Claim 3 - encoding the first image block based on said intra prediction.
Claim 8 - transmitting an information for accessing or defining an access to the at least one neural network used for intra predicting.
Claim 4 - transmitting an information for accessing or defining an access to a neural network used for intra predicting.
Claim 9 - decoding the image block based on the intra prediction.
Claim 5 - decoding the first image block based on said intra prediction.
Claim 10 - receiving an information for accessing or defining an access to the at least one neural network used for intra predicting.
Claim 6 - receiving an information for accessing or defining an access to a neural network used for intra predicting.
Although the conflicting claims are not identical, they are not patentably distinct from each other, because claim 1 of the instant application differs from claim 1 of U.S. 12323596 B2 in that the instant application recites providing, to at least one neural network, the context and an information to distinguish unavailable pixels in the context from available pixels in the context while the claims in US. Pat 12323596 B2 does not.
But Dumas teaches providing, to at least one neural network, the context and an information to distinguish unavailable pixels in the context from available pixels in the context (Dumas; Heading “D. Integration of the neural network based intra prediction into H.265”, 4th Para. Information is used to distinguish unavailable/un-decoded pixels in a context for a neural network, wherein a context is modified by setting mask to unavailable/un-decoded pixels in the context.).
However, it would have been obvious to a person with ordinary skill in the pertinent art at the time of the invention to modify the video coding method recited in claim 1 by incorporating Dumas’ teaching, wherein context and information are used by a neural network to determine un-decoded pixels from decoded pixels, for the motivation to perform context-adaptive neural network based prediction for image compression (Dumas; Abstract.).
Claim 11 is directed to a non-transitory computer readable medium comprising instructions which, when executed by one or more processors, cause the one or more processors to carry out the method of a sequence of steps according to claim 1, and is non-patentable over the prior art for the same reason as previously indicated.
Claims 12-18 are directed to an apparatus comprising: one or more processors configured for intra predicting an image block using a context surrounding the image block, the context comprising available pixels that have been previously decoded and unavailable pixels that have not been previously decoded, wherein intra predicting the image block includes performing a sequence of steps corresponding to the same as claimed claims 1-4, 7-10, and are non-patentable over the prior art for the same reason as previously indicated.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Singh (US Pub. 20220272355 A1) teaches a video coding system that performs machine learning based on flow determination for video coding.
Zhang (US Pub. 20220191524 A1) teaches a video coding system that performs caching and clearing mechanism for deep convolutional neural networks.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALBERT KIR whose telephone number is (571)272-6245. The examiner can normally be reached Monday - Friday, 8:30am - 5:00pm.
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/ALBERT KIR/Primary Examiner, Art Unit 2485
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