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 .
Response to Arguments
Applicant's arguments filed 09/01/2026 have been fully considered but they are not persuasive.
Yu discloses based on a size of the current block, the number of the plurality of sub-blocks is adaptively determined by a decoder to be 2 or 4 (see the rejection). Since the determination is based on the size, not based on the information indicating the number, it is obvious that information indicating the number of the plurality of sub-blocks needs not to be parsed.
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 16-24 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. US 11997289 B2 in view of Yu et al. (US 20170347093 A1). See the comparison table:
Instant application 19/215,297
US 11997289 B2
16. A method of decoding a video, the method comprising:
receiving a bitstream;
determining, based on sub-partition information decoded from the bitstream, whether to partition a current block into a plurality of sub-blocks;
in response to the sub-partition information indicating that the current block being partitioned into the plurality of sub-blocks, partitioning the current block into the plurality of sub-blocks either in a horizontal direction or a vertical direction;
determining an intra prediction mode of the current block among pre-defined intra prediction modes, the intra prediction mode of the current block being shared for the plurality of sub-blocks; and
performing intra prediction for each of the plurality of sub-blocks in the current block based on the intra prediction mode,
based on a size of the current block, the number of the plurality of sub-blocks is adaptively determined by a decoder to be 2 or 4 without parsing, from the bitstream, information indicating the number of the plurality of sub-blocks
1. A method of decoding a video, the method comprising:
receiving a bitstream;
(determining, based on index information decoded from the bitstream, a reference line index for a current block,
wherein the reference line index indicates one of a plurality of reference line candidates including a neighboring reference line and non-neighboring reference lines, and
wherein the non-neighboring reference lines include at least one of a first non-neighboring reference line adjacent to the neighboring reference line or a second non-neighboring reference line adjacent to the first non-neighboring reference line;)
determining an intra prediction mode of the current block among pre-defined intra prediction modes; and
performing intra prediction of the current block based on the reference line index and the intra prediction mode,
(wherein determining the intra prediction mode of the current block comprises:
determining, based on an MPM (Most Probable Mode) flag, whether there exists an MPM candidate that identical to the intra prediction mode the current block in an MPM candidate list including one or more MPM candidates, and
wherein the MPM flag is decoded from the bitstream only when the index information indicates the neighboring reference line among the plurality of reference line candidates.)
4. The method of claim 3, the method further comprises:
determining whether to partition the current block into multiple sub-blocks or not; and
when it is determined to partition the current block, partitioning the current block into the multiple sub-blocks in a vertical direction or in a horizontal direction,
wherein the intra prediction of the current block is performed in units of the sub-blocks.
5. The method of claim 4, wherein a number of the sub-blocks included in the current block is determined based on a size of the current block.
Yu et al. (US 20170347093 A1) discloses
the number of the plurality of sub-blocks is determined to be 2 or 4, not based on, from the bitstream, information indicating the number of the plurality of sub-blocks (figure 2, [0025] Parameters can be set to control splitting according to the QTBT, such as the CTU size, the minimum sizes for the quadtree and binary tree leaf nodes, the maximum size for the binary tree root node, and the maximum depth for the binary trees).
It would have been obvious to combine claims of U.S. Patent No. US 11997289 B2 and Yu et al. (US 20170347093 A1), to determine the number of the plurality of sub-blocks to be 2 or 4, without parsing, from the bitstream, information indicating the number of the plurality of sub-blocks, in order to more efficiently decode the current block.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 16-24 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
No support can be found in the original parent application 16/982,739 that “based on a size of the current block, the number of the plurality of sub-blocks is adaptively determined by a decoder to be 2 or 4 without parsing, from the bitstream, information indicating the number of the plurality of sub-blocks” (claim 16) and “based on a size of the current block, the number of the plurality of sub-blocks is adaptively determined to be 2 or 4 and no information indicating the number of the plurality of sub-blocks is encoded into a bitstream” (claims 21- 22).
No support can be found in the original parent application 16/982,739 that “in response to the current block being not partitioned into the plurality of sub-blocks, not only the neighboring reference sample line candidate but also the non-neighboring reference sample line candidates are applicable to the intra prediction for the current block” (claim 17).
No support can be found in the original parent application 16/982,739 that “a prediction block of the current block is obtained by a weighted sum of a first prediction block and a second prediction block, wherein the first prediction block is obtained by a first set of reference samples in a first reference sample line candidate and the second prediction block is obtained by a second set of reference samples in a second reference sample line candidate” and “first reference sample line information to specify the first reference sample line candidate and second reference sample line information to specify the second reference sample line candidate are respectively signaled in the bitstream” (claims 23-24).
No support can be found in the original parent application 16/982,739 that “the intra prediction mode information is decoded from the bitstream only when the reference sample line index information indicates the neighboring reference sample line candidate among the plurality of reference sample line candidates”(claim 18), and “decoding the intra prediction mode information from the bitstream is omitted, and it is inferred that the intra prediction mode of the current block is identical to one of MPM candidates” (claim 19).
See MPEP 201.07 Continuation Application, “The disclosure presented in the continuation must not include any subject matter which would constitute new matter if submitted as an amendment to the parent application”. Supports from US 20250287018 A1 cannot overcome the rejection.
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 16-17, 21-24 are rejected under 35 U.S.C. 103 as being unpatentable over Yu et al. (US 20170347093 A1).
Regarding claim 16. Yu discloses A method of decoding a video (abstract, A method and apparatus for decoding JVET video; [0023] Versions of JVET have been implemented in JEM (Joint Exploration Model) encoders and decoders), the method comprising:
receiving a bitstream (abstract, receiving a bitstream);
determining, based on sub-partition information decoded from the bitstream, whether to partition a current block into a plurality of sub-blocks (figure 2, [0061] indicators of how the CUs 102 were partitioned from a CTU 100 according to the QTBT structure);
in response to the sub-partition information indicating that the current block being partitioned into the plurality of sub-blocks, partitioning the current block into the plurality of sub-blocks either in a horizontal direction or a vertical direction (figure 2);
determining an intra prediction mode of the current block among pre-defined intra prediction modes, the intra prediction mode of the current block being shared for the plurality of sub-blocks (abstract, identify a syntax element indicating an intra direction mode to use for generating at least one predictor. The intra direction mode is a first intra direction mode in a plurality of intra direction modes; ); and
performing intra prediction for each of the plurality of sub-blocks in the current block based on the intra prediction mode (figure 2, [0028] the blocks represented by the QTBT's leaf nodes represent the final CUs 102 to be coded, such as coding using inter prediction or intra prediction),
wherein, based on a size of the current block, the number of the plurality of sub-blocks is adaptively determined by a decoder to be 2 or 4, not based on, from the bitstream, information indicating the number of the plurality of sub-blocks (figure 2, [0025] Parameters can be set to control splitting according to the QTBT, such as the CTU size, the minimum sizes for the quadtree and binary tree leaf nodes, the maximum size for the binary tree root node, and the maximum depth for the binary trees; abstract, A method and apparatus for decoding JVET video; [0023] Frames of a video sequence, or more specifically the coding tree units within each frame, can be encoded and decoded using JVET; [0024] FIG. 2 depicts an exemplary partitioning of a CTU 100 into CUs 102, which are the basic units of prediction in coding).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to determine the number based on the size, without parsing, from the bitstream, information indicating the number of the plurality of sub-blocks, in order to more efficiently decode the current block.
Regarding claim 17. Yu discloses The method of claim 16, wherein the method further comprises:
determining, based on reference sample line index information, a reference sample line of the current block ([0084] an index coded in the bitstream may signal to the decoder to indicate which reference tier is chosen for an intra directional mode; [0110] a syntax element, such as a flag, may signal which reference tier is chosen for an intra directional mode; two overhead bits may be used, one to indicate a reference line index for the main reference, and another to indicate the side reference line),
wherein the reference sample line index information indicates one of a plurality of reference sample line candidates including a neighboring reference sample line candidate and non-neighboring reference sample line candidates ([0109] The use of additional reference lines that are further from the coding unit than the reference line that is adjacent; [0110] a syntax element, such as a flag, may signal which reference tier is chosen for an intra directional mode),
wherein in response to the current block being partitioned into the plurality of sub-blocks, only the neighboring reference sample line candidate is applicable to the intra prediction for each of the plurality of sub-blocks ([0077] only one reference line adjacent to a current coding block is used to predict samples inside the block), and
wherein in response to the current block being not partitioned into the plurality of sub-blocks, not only the neighboring reference sample line candidate but also the non-neighboring reference sample line candidates are applicable to the intra prediction for the current block ([0081] techniques for increasing the number of possible reference tiers available for intra prediction, besides the nearest reference line, further reference lines may be utilized for intra prediction of a coding unit. And both side neighbors, two neighbors on a reference row and/or reference column, may be use from a single or multiple reference lines).
Regarding claim 21. The same analysis has been stated in claim 16 (corresponding encoding method).
Regarding claim 22. The same analysis has been stated in claim 16.
Furthermore, Yu discloses An apparatus for transmitting compressed video data (figure 11), the apparatus comprising:
a processor to obtain the compressed video data (figure 11, [0126] Received program code can be executed by the respective processor(s) 1107 as it is received); and
a transmitting unit to transmit the compressed video data (figure 11, [0126] A computer system 1100 can transmit and receive messages, data, and instructions, including program, i.e., application, code, through its respective communication link 1115 and communication interface 1114).
Regarding claim 23. (New) Yu discloses The method of claim 16, wherein a prediction block of the current block is obtained by a weighted sum of a first prediction block and a second prediction block ([0090] First, a coding system may project a pixel position along a main reference line according to an angular direction definition of the coding intra prediction mode. Second, the coding system may project pixel position(s) along the side reference line according to the angular definition of the same coding mode. Third, the projected pixel value(s) on the main reference line may be combined with the projected pixel value(s) on the side reference. One example for combination, as shown in Equation (1), is to weight the values according to distance between the predictor pixels and projected pixel positions on the main and side references), and
wherein the first prediction block is obtained by a first set of reference samples in a first reference sample line candidate and the second prediction block is obtained by a second set of reference samples in a second reference sample line candidate ([0090] First, a coding system may project a pixel position along a main reference line according to an angular direction definition of the coding intra prediction mode. Second, the coding system may project pixel position(s) along the side reference line according to the angular definition of the same coding mode. Third, the projected pixel value(s) on the main reference line may be combined with the projected pixel value(s) on the side reference. One example for combination, as shown in Equation (1), is to weight the values according to distance between the predictor pixels and projected pixel positions on the main and side references).
Regarding claim 24. (New) Yu discloses The method of claim 23, wherein first reference sample line information to specify the first reference sample line candidate and second reference sample line information to specify the second reference sample line candidate are respectively signaled in the bitstream ([0084] an index coded in the bitstream may signal to the decoder to indicate which reference tier is chosen for an intra directional mode; [0110] two overhead bits may be used, one to indicate a reference line index for the main reference, and another to indicate the side reference line; [0090] First, a coding system may project a pixel position along a main reference line according to an angular direction definition of the coding intra prediction mode. Second, the coding system may project pixel position(s) along the side reference line according to the angular definition of the same coding mode. Third, the projected pixel value(s) on the main reference line may be combined with the projected pixel value(s) on the side reference. One example for combination, as shown in Equation (1), is to weight the values according to distance between the predictor pixels and projected pixel positions on the main and side references).
Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Yu et al. (US 20170347093 A1) in view of JUN et al. (US 20200021804 A1) and HEO et al. (US 20220150537 A1) (earlier than November 08, 2021, the filing date of parent application 17/521,254, wherein the corresponding features were first disclosed).
Regarding claim 18. JUN discloses The method of claim 17, wherein the intra prediction mode of the current block is determined based on intra prediction mode information indicating whether the intra prediction mode of the current block is identical to one of MPM (Most Probable Mode) candidates ([0119] An indicator (MPM flag or prev_intra_luma_pred_flag) indicating whether or not the MPM list includes a mode that is identical to the intra prediction mode of the current block may be encoded or decoded), and
HEO discloses
wherein the intra prediction mode information is decoded from the bitstream only when the reference sample line index information indicates the neighboring reference sample line candidate among the plurality of reference sample line candidates ([0142] If the intra_luma_ref_idx value is equal to 0, it may be represented that the intra prediction is performed using reference samples first closest to the current block (i.e., located in a zero sample distance); [0199] in case the value of the reference line index information is not equal to 0, the encoding apparatus may not encode/signal MPM flag information; [0226] in case the value of the reference line index information is not equal to 0, the MPM flag information may not be signaled from the encoding apparatus (inherently, in case the value of the reference line index information is equal to 0, the encoding apparatus may encode/signal MPM flag information)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the inventions of Yu, JUN and HEO, to implement the methods above as disclosed in JUN and HEO, in order to efficiently derive/select the intra prediction mode of the current block (JUN [0119], HEO [0226]).
Regarding claim 19. JUN discloses The method of claim 16, wherein the intra prediction mode of the current block is determined based on intra prediction mode information indicating whether the intra prediction mode of the current block is identical to one of MPM (Most Probable Mode) candidates ([0119] An indicator (MPM flag or prev_intra_luma_pred_flag) indicating whether or not the MPM list includes a mode that is identical to the intra prediction mode of the current block may be encoded or decoded), and
HEO discloses
wherein in response to the current block being partitioned into the plurality of sub-block, decoding the intra prediction mode information from the bitstream is omitted, and it is inferred that the intra prediction mode of the current block is identical to one of MPM candidates ([0199] in case the value of the reference line index information is not equal to 0, the encoding apparatus may derive an optimal intra prediction mode for the current block by using MPM candidate intra prediction modes included in the MPM list. Additionally, in case the value of the reference line index information is not equal to 0, the encoding apparatus may not encode/signal MPM flag information).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the inventions of Yu, JUN and HEO, to implement the methods above as disclosed in JUN and HEO, in order to efficiently derive/select the intra prediction mode of the current block (JUN [0119], HEO [0226]).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Yu et al. (US 20170347093 A1) in view of FILIPPOV et al. (US 20180262756 A1).
Regarding claim 20. Yu discloses The method of claim 16, wherein a prediction sample of a sub-block is obtained by applying an interpolation filter to reference samples (figure 8, [0087] multiple line-based intra prediction for JVET intra prediction modes; [0088] A predicted sample P[x,y] may be obtained by projecting its location to a selected reference row of pixels by applying a selected prediction direction and interpolating a value for the sample. Interpolation may be performed linearly using the two closest reference samples from the selected reference line), and
FILIPPOV discloses
wherein a type of interpolation filter is adaptively determined based on a size of the sub-block ([0125] two types of four-tap interpolation filters can be used: Cubic interpolation filters for 4×4 and 8×8 blocks, and Gaussian interpolation filters for 16×16 and larger blocks).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the inventions of Yu and FILIPPOV, to adaptively determine a type of interpolation filter based on a size of the sub-block, in order to more efficiently code the video.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to XIAOLAN XU whose telephone number is (571)270-7580. The examiner can normally be reached Mon. to Fri. 9am-5pm.
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/XIAOLAN XU/Primary Examiner, Art Unit 2488
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