DETAILED ACTION
1. This office action is in response to U.S. Patent Application No.: 19/202,897 filed on 5/8/2025 with effective filing date 4/6/2018. Claims 13-24 are pending.
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).
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.
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3. Claims 13-24 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 12323601 and claims 1-10 of U.S. Patent No. 11533492. Although the claims at issue are not identical, they are not patentably distinct from each other. Example below.
Current Application
US 12323601
13. A method of decoding a video with a decoder that includes a processor included in a bitstream comprising: (a) receiving a rectangular coding unit of a coding tree unit of samples included in a bi-predictive B-slice of a current frame of said video; (b) receiving a first motion vector associated with said coding unit of said bi-predictive B-slice of said current frame of said video referencing a temporally previous reference slice of a temporally previous reference frame relative to said current frame of said coding unit; (c) receiving a second motion vector associated with said coding unit of said bi-predictive B-slice of said current frame of said video referencing a temporally future reference slice of a temporally future reference frame relative to said current frame of said coding unit; (d) applying an optical flow between said temporally previous reference slice and said temporally future reference slice to perform a sample based motion modification using a corrective motion vector applied to predicted arrays based upon at least one of said first motion vector and said second motion vector; and (e) decoding said coding unit based upon said sample based motion modification as a result of said applying said optical flow between said temporally previous reference slice and said temporally future reference slice.
1. A method of decoding a video with a decoder that includes a processor included in a bitstream comprising: (a) receiving a rectangular coding unit of a coding tree unit of luma samples included in a bi-predictive B-slice of a current frame of said video; (b) receiving a first motion vector associated with said coding unit of said bi-predictive B-slice of said current frame of said video referencing a temporally previous reference slice of a temporally previous reference frame relative to said current frame of said coding unit; (c) receiving a second motion vector associated with said coding unit of said bi-predictive B-slice of said current frame of said video referencing a temporally future reference slice of a temporally future reference frame relative to said current frame of said coding unit; (d) applying an optical flow between said temporally previous reference slice and said temporally future reference slice to perform a sample based motion modification using a corrective motion vector applied to predicted arrays based upon at least one of said first motion vector and said second motion vector; and (e) decoding said coding unit based upon said sample based motion modification as a result of said applying said optical flow between said temporally previous reference slice and said temporally future reference slice.
23. A bitstream of compressed video for decoding by a decoder that includes a processor, including a non-transitory computer readable storage medium storing the compressed video, the method comprising: (a) said bitstream containing data indicating a rectangular coding unit of a coding tree unit of samples included in a bi-predictive B-slice of a current frame of said video; (b) said bitstream containing data indicating a first motion vector associated with said coding unit of said bi-predictive B-slice of said current frame of said video referencing a temporally previous reference slice of a temporally previous reference frame relative to said current frame of said coding unit; (c) said bitstream containing data indicating a second motion vector associated with said coding unit of said bi-predictive B-slice of said current frame of said video referencing a temporally future reference slice of a temporally future reference frame relative to said current frame of said coding unit; (d) said bitstream containing data indicating an optical flow between said temporally previous reference slice and said temporally future reference slice to perform a sample based motion modification using a corrective motion vector applied to predicted arrays based upon at least one of said first motion vector and said second motion vector; and (e) said bitstream containing data indicating said coding unit based upon said sample based motion modification as a result of said applying said optical flow between said temporally previous reference slice and said temporally future reference slice.
11. A bitstream of compressed video for decoding by a decoder that includes a processor, including a non-transitory computer readable storage medium storing the compressed video, the method comprising: (a) said bitstream containing data indicating a rectangular coding unit of a coding tree unit of luma samples included in a bi-predictive B-slice of a current frame of said video; (b) said bitstream containing data indicating a first motion vector associated with said coding unit of said bi-predictive B-slice of said current frame of said video referencing a temporally previous reference slice of a temporally previous reference frame relative to said current frame of said coding unit; (c) said bitstream containing data indicating a second motion vector associated with said coding unit of said bi-predictive B-slice of said current frame of said video referencing a temporally future reference slice of a temporally future reference frame relative to said current frame of said coding unit; (d) said bitstream containing data indicating an optical flow between said temporally previous reference slice and said temporally future reference slice to perform a sample based motion modification using a corrective motion vector applied to predicted arrays based upon at least one of said first motion vector and said second motion vector; and (e) said bitstream containing data indicating said coding unit based upon said sample based motion modification as a result of said applying said optical flow between said temporally previous reference slice and said temporally future reference slice.
24. A method of encoding a video included in a bitstream by an encoder that includes a processor comprising: (a) providing an encoded bitstream including a rectangular coding unit of a coding tree unit of samples included in a bi-predictive B-slice of a current frame of said video; (b) providing an encoded bitstream including a first motion vector associated with said coding unit of said bi-predictive B-slice of said current frame of said video referencing a temporally previous reference slice of a temporally previous reference frame relative to said current frame of said coding unit; (c) providing an encoded bitstream including a second motion vector associated with said coding unit of said bi-predictive B-slice of said current frame of said video referencing a temporally future reference slice of a temporally future reference frame relative to said current frame of said coding unit; (d) providing an encoded bitstream including an optical flow between said temporally previous reference slice and said temporally future reference slice to perform a sample based motion modification using a corrective motion vector applied to predicted arrays based upon at least one of said first motion vector and said second motion vector; and (e) providing an encoded bitstream including said coding unit based upon said sample based motion modification as a result of said applying said optical flow between said temporally previous reference slice and said temporally future reference slice.
12. A method of encoding a video included in a bitstream by an encoder that includes a processor comprising: (a) providing an encoded bitstream including a rectangular coding unit of a coding tree unit of luma samples included in a bi-predictive B-slice of a current frame of said video; (b) providing an encoded bitstream including a first motion vector associated with said coding unit of said bi-predictive B-slice of said current frame of said video referencing a temporally previous reference slice of a temporally previous reference frame relative to said current frame of said coding unit; (c) providing an encoded bitstream including a second motion vector associated with said coding unit of said bi-predictive B-slice of said current frame of said video referencing a temporally future reference slice of a temporally future reference frame relative to said current frame of said coding unit; (d) providing an encoded bitstream including an optical flow between said temporally previous reference slice and said temporally future reference slice to perform a sample based motion modification using a corrective motion vector applied to predicted arrays based upon at least one of said first motion vector and said second motion vector; and (e) providing an encoded bitstream including said coding unit based upon said sample based motion modification as a result of said applying said optical flow between said temporally previous reference slice and said temporally future reference slice.
Allowable Subject Matter
After analyzing the current application examiner concluded that the novelty of the current application involves receiving a rectangular coding unit of a coding tree unit of samples included in a bi-predictive B-slice of a current frame of the video. A first motion vector associated with the coding unit of the bi-predictive B-slice of the current frame of the video referencing a temporally previous reference slice of a temporally previous reference frame relative to the current frame of the coding unit is received. An optical flow is applied between the temporally previous reference slice and the temporally future reference slice to perform a sample based motion modification using a corrective motion vector applied to predicted arrays based upon one of the first motion vector and the second motion vector.
The prior art of record in particular, Yu et al. US 2013/0003851 A1 in view of Bossen et al. US 2011/0080954 A1 does not disclose, with respect to claim 13, (c) receiving a second motion vector associated with said coding unit of said bi- predictive B-slice of said current frame of said video referencing a temporally future reference slice of a temporally future reference frame relative to said current frame of said coding unit; (d) applying an optical flow between said temporally previous reference slice and said temporally future reference slice to perform a sample based motion modification using a corrective motion vector applied to predicted arrays based upon at least one of said first motion vector and said second motion vector; and (e) decoding said coding unit based upon said sample based motion modification as a result of said applying said optical flow between said temporally previous reference slice and said temporally future reference slice as claimed.
Rather, Yu et al. discloses the method enables unchanging current indexing if only one PU is within the CU and an index for a left neighbor block is smaller than that for an above neighbor block, thus improving coding performance. The method enables utilizing a loop filter performing a sample adaptive offset process after completion of a decoding-blocking filter process for a decoded picture, which compensates for a pixel value offset between reconstructed pixels and original pixels, and performing adaptive loop filtering over the reconstructed PU, thus minimizing coding distortion between input and output pictures.
Similarly, Bossen et al. discloses the method involves deriving N motion vector predictors for a block that contains N motion vectors corresponding to N lists of reference frame and a current frame by constructing one of the N motion vector predictors when another block that neighbors the block and is used for predication has invalid motion vectors, where N is an integer greater than 1. The N differential motion vectors is generated based on the N motion vectors and N motion vector predictors. The N-differential motion vectors are encoded.
The same reasoning applies to claim 23 & 24.
Conclusion
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/Irfan Habib/Examiner, Art Unit 2485
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