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.
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Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 11,877,010. Although the claims at issue are not identical, they are not patentably distinct from each other because the outstanding claims are directed towards a coding apparatus while U.S. Patent No. 11,877,010 is directed towards a coding method.
Application No. 19/206,198 Claim 1
U.S. Patent No. 11,877,010 Claim 1
A decoding apparatus for an image decoding, the decoding apparatus comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to:
A decoding method performed by a decoding apparatus, the method comprising:
parse a general merge flag from a bitstream;
parsing a general merge flag from a bitstream;
parse prediction information from the bitstream based on the general merge flag;
parsing prediction information from the bitstream based on the general merge flag;
generate prediction samples of a current block based on the prediction information; and
generating prediction samples of a current block based on the prediction information; and
generate reconstructed samples based on the prediction samples,
generating reconstructed samples based on the prediction samples,
wherein the bitstream includes an enabled flag for a partitioning mode in which prediction is performed by dividing the current block into two partitions,
wherein the bitstream includes an enabled flag for a partitioning mode in which prediction is performed by dividing the current block into two partitions,
wherein a regular merge flag is included in the prediction information based on values of the general merge flag and the enabled flag for the partitioning mode, and
wherein a regular merge flag is included in the prediction information based on values of the general merge flag and the enabled flag for the partitioning mode, and
wherein the regular merge flag is included in the prediction information based on the value of the general merge flag being equal to 1, and the value of the enabled flag for the partitioning mode being equal to 1.
wherein the regular merge flag is included in the prediction information based on the value of the general merge flag being equal to 1, and the value of the enabled flag for the partitioning mode being equal to 1.
Claims 2-3 are similarly unpatentable over claims 2-3 of U.S. Patent No. 11,877,010.
Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 12,323,630. Although the claims at issue are not identical, they are not patentably distinct from each other because the outstanding claims are directed towards a coding apparatus while U.S. Patent No. 12,323,630 is directed towards a coding method.
Application No. 19/206,198 Claim 1
U.S. Patent No. 12,323,630 Claim 1
A decoding apparatus for an image decoding, the decoding apparatus comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to:
A decoding method performed by a decoding apparatus, the method comprising:
parse a general merge flag from a bitstream; parse prediction information from the bitstream based on the general merge flag;
obtaining, from a bitstream, general merge flag information, prediction mode information, combined inter-picture merge and intra-picture prediction (CIIP) enabled flag information representing whether the CIIP is enabled,
generate prediction samples of a current block based on the prediction information; and
generating prediction samples of the current block based on the motion information; and
generate reconstructed samples based on the prediction samples,
generating reconstructed samples based on the prediction samples,
wherein the bitstream includes an enabled flag for a partitioning mode in which prediction is performed by dividing the current block into two partitions,
wherein the determining comprises obtaining regular merge flag information from the bitstream based on the CIIP enabled flag information, the enabled flag information for the partitioning mode, and the general merge flag information, and
wherein a regular merge flag is included in the prediction information based on values of the general merge flag and the enabled flag for the partitioning mode, and wherein the regular merge flag is included in the prediction information based on the value of the general merge flag being equal to 1, and the value of the enabled flag for the partitioning mode being equal to 1.
wherein the regular merge flag information is included in the prediction related information.
Claims 2-3 are similarly unpatentable over claims 2-3 of U.S. Patent No. 12,323,630.
Allowable Subject Matter
Claims 1-3 are allowable over the prior art. The closest art found by the examiner that teaches applicant’s claimed invention, namely the process of including a regular merge flag in prediction information based on the values of a general merge flag and a portioning mode flag both equal to 1 (see EP 3 989 583 A1), share the same inventive entity but appear to have different assignment, as the current application is assigned to Nokia while EP 3 989 583 A1 is assigned to LG Electronics. Both also claim the same priority date and therefore EP 3 989 583 A1 does not constitute prior art.
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.
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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.
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/DOMINIC D SALTARELLI/Primary Examiner, Art Unit 2421
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