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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).
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Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 7 and 13 of U.S. Patent No. 11445213 . Although the claims at issue are not identical, they are not patentably distinct from each other because the conflicting claims are not identical in terms of wording and terminology, the scopes of the claims are the same, and they are not patentably distinct from each other as they are obvious variations of one another.
Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 11902565. Although the claims at issue are not identical, they are not patentably distinct from each other because the conflicting claims are not identical in terms of wording and terminology, the scopes of the claims are the same, and they are not patentably distinct from each other as they are obvious variations of one another.
Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 12348764. Although the claims at issue are not identical, they are not patentably distinct from each other because the conflicting claims are not identical in terms of wording and terminology, the scopes of the claims are the same, and they are not patentably distinct from each other as they are obvious variations of one another.
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1. A decoding apparatus for image decoding, the decoding apparatus comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to: derive a position of a current subblock within a current block; derive a reference subblock on a collocated reference picture based on the position of the current subblock; derive a subblock temporal motion vector predictor (sbTMVP) candidate based on a motion vector of the reference subblock; derive a motion vector of the current subblock based on the sbTMVP candidate; generate prediction samples of the current block based on the motion vector of the current subblock; and generate reconstruction samples based on the prediction samples, wherein the position of the current subblock is derived based on a center sample position of the current subblock, wherein the reference subblock is derived on the collocated reference picture based on the center sample position of the current subblock, wherein the center sample position represents a position of a right-lower center sample positioned at a bottom right, among four samples positioned at the center, wherein the sbTMVP candidate is derived based on the motion vector of the reference subblock derived based on an availability of the reference subblock, wherein for the reference subblock that is available, a motion vector of the available reference subblock is derived as the sbTMVP candidate, wherein the motion vector of the available reference subblock is derived based on a motion vector of a block covering a modified location derived based on a top-left sample position of the reference subblock, and wherein the modified location is derived by an equation ((xColSb>>3)<<3, (yColSb>>3)<<3), where the xColSb and the yColSb represent the x coordinate and y coordinate of the sample position of the reference subblock derived based on the center sample position of the current subblock, respectively, and >> represents an arithmetic right shift, and << represents an arithmetic left shift.
1. An image decoding method performed by a decoding apparatus, the method comprising: deriving a position of a current subblock within a current block; deriving a reference subblock on a collocated reference picture based on the position of the current subblock; deriving a subblock temporal motion vector predictor (sbTMVP) candidate based on a motion vector of the reference subblock; deriving a motion vector of the current subblock based on the sbTMVP candidate; generating prediction samples of the current block based on the motion vector of the current subblock; and generating reconstruction samples based on the prediction samples, wherein the position of the current subblock is derived based on a center sample position of the current subblock, wherein the reference subblock is derived on the collocated reference picture based on the center sample position of the current subblock, wherein the center sample position represents a position of a right-lower center sample positioned at a bottom right, among four samples positioned at the center, wherein the sbTMVP candidate is derived based on the motion vector of the reference subblock derived based on an availability of the reference subblock, wherein for the reference subblock that is available, a motion vector of the available reference subblock is derived as the sbTMVP candidate, wherein the motion vector of the available reference subblock is derived based on a motion vector of a block covering a modified location derived based on a top-left sample position of the reference subblock, and wherein the modified location is derived by an equation ((xColSb>>3)<<3, (yColSb>>3)<<3), where the xColSb and the yColSb represent the x coordinate and y coordinate of the sample position of the reference subblock derived based on the center sample position of the current subblock, respectively, and >> represents an arithmetic right shift, and << represents an arithmetic left shift.
1. An image decoding method performed by a decoding apparatus, the method comprising: deriving a position of a current subblock within a current block based on a center sample position of the current subblock; deriving a reference subblock on a collocated reference picture based on the position of the current subblock; deriving a subblock temporal motion vector predictor (sbTMVP) candidate based on a motion vector of the reference subblock; deriving a motion vector of the current subblock based on the sbTMVP candidate; generating prediction samples of the current block based on the motion vector of the current subblock; generating residual samples of the current block based on residual information obtained from a bitstream; and generating reconstruction samples based on the prediction samples and the residual samples, wherein the center sample position represents a position of a right-lower center sample positioned at a bottom right, among four samples positioned at the center, wherein for the reference subblock that is available, a motion vector of the available reference subblock is derived as the sbTMVP candidate, wherein the motion vector of the available reference subblock is derived based on a motion vector of a block covering a modified location derived based on a top-left sample position of the reference subblock, and wherein the modified location is derived by an equation ((xColSb>>3)<<3, (yColSb>>3)<<3), where the xColSb and the yColSb represent the x coordinate and y coordinate of the sample position of the reference subblock derived based on the center sample position of the current subblock, respectively, and >> represents an arithmetic right shift, and << represents an arithmetic left shift.
1. A decoding apparatus for image decoding, the decoding apparatus comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to: derive a position of a current subblock within a current block based on a center sample position of the current subblock; derive a reference subblock on a collocated reference picture based on the position of the current subblock; derive a subblock temporal motion vector predictor (sbTMVP) candidate based on a motion vector of the reference subblock; derive a motion vector of the current subblock based on the sbTMVP candidate; generate prediction samples of the current block based on the motion vector of the current subblock; generate residual samples of the current block based on residual information obtained from a bitstream; and generate reconstruction samples based on the prediction samples and the residual samples, wherein the center sample position represents a position of a right-lower center sample positioned at a bottom right, among four samples positioned at the center, wherein for the reference subblock that is available, a motion vector of the available reference subblock is derived as the sbTMVP candidate, wherein the motion vector of the available reference subblock is derived based on a motion vector of a block covering a modified location derived based on a top-left sample position of the reference subblock, and wherein the modified location is derived by an equation ((xColSb>>3)<<3, (yColSb>>3)<<3), where the xColSb and the yColSb represent the x coordinate and y coordinate of the sample position of the reference subblock derived based on the center sample position of the current subblock, respectively, and >> represents an arithmetic right shift, and << represents an arithmetic left shift.
2. An encoding apparatus for image encoding, the encoding apparatus comprising: a memory: and at least one processor connected to the memory, the at least one processor configured to: derive a position of a current subblock within a current block; derive a reference subblock on a collocated reference picture based on the position of the current subblock; derive a subblock temporal motion vector predictor (sbTMVP) candidate based on a motion vector of the reference subblock; derive a motion vector of the current subblock based on the sbTMVP candidate; generate prediction samples of the current block based on the motion vector of the current subblock; generate information on residual samples derived based on the prediction samples; and encode image information including the information on the residual samples, wherein the position of the current subblock is derived based on a center sample position of the current subblock, wherein the reference subblock is derived on the collocated reference picture based on the center sample position of the current subblock, wherein the center sample position represents a position of a right-lower center sample positioned at a bottom right, among four samples positioned at the center, wherein the sbTMVP candidate is derived based on the motion vector of the reference subblock derived based on the availability of the reference subblock, wherein for the reference subblock that is available, a motion vector of the available reference subblock is derived as the sbTMVP candidate, wherein the motion vector of the available reference subblock is derived based on a motion vector of a block covering a modified location derived based on a top-left sample position of the reference subblock, and wherein the modified location is derived by an equation ((xColSb>>3)<<3, (yColSb>>3)<<3), where the xColSb and the yColSb represent the x coordinate and y coordinate of the sample position of the reference subblock derived based on the center sample position of the current subblock, respectively, and >> represents an arithmetic right shift, and << represents an arithmetic left shift.
7. An image encoding method performed by an encoding apparatus, the method comprising: deriving a position of a current subblock within a current block; deriving a reference subblock on a collocated reference picture based on the position of the current subblock; deriving a subblock temporal motion vector predictor (sbTMVP) candidate based on a motion vector of the reference subblock; deriving a motion vector of the current subblock based on the sbTMVP candidate; generating prediction samples of the current block based on the motion vector of the current subblock; generating information on residual samples derived based on the prediction samples; and encoding image information including the information on the residual samples, wherein the position of the current subblock is derived based on a center sample position of the current subblock, wherein the reference subblock is derived on the collocated reference picture based on the center sample position of the current subblock, wherein the center sample position represents a position of a right-lower center sample positioned at a bottom right, among four samples positioned at the center, wherein the sbTMVP candidate is derived based on the motion vector of the reference subblock derived based on the availability of the reference subblock, wherein for the reference subblock that is available, a motion vector of the available reference subblock is derived as the sbTMVP candidate, wherein the motion vector of the available reference subblock is derived based on a motion vector of a block covering a modified location derived based on a top-left sample position of the reference subblock, and wherein the modified location is derived by an equation ((xColSb>>3)<<3, (yColSb>>3)<<3), where the xColSb and the yColSb represent the x coordinate and y coordinate of the sample position of the reference subblock derived based on the center sample position of the current subblock, respectively, and >> represents an arithmetic right shift, and << represents an arithmetic left shift.
2. An image encoding method performed by an encoding apparatus, the method comprising: deriving a position of a current subblock within a current block based on a center sample position of the current subblock; deriving a reference subblock on a collocated reference picture based on the position of the current subblock; deriving a subblock temporal motion vector predictor (sbTMVP) candidate based on a motion vector of the reference subblock; deriving a motion vector of the current subblock based on the sbTMVP candidate; generating prediction samples of the current block based on the motion vector of the current subblock; generating residual samples derived based on the prediction samples; and encoding image information including information on the residual samples, wherein the center sample position represents a position of a right-lower center sample positioned at a bottom right, among four samples positioned at the center, wherein for the reference subblock that is available, a motion vector of the available reference subblock is derived as the sbTMVP candidate, wherein the motion vector of the available reference subblock is derived based on a motion vector of a block covering a modified location derived based on a top-left sample position of the reference subblock, and wherein the modified location is derived by an equation ((xColSb>>3)<<3, (yColSb>>3)<<3), where the xColSb and the yColSb represent the x coordinate and y coordinate of the sample position of the reference subblock derived based on the center sample position of the current subblock, respectively, and >> represents an arithmetic right shift, and << represents an arithmetic left shift.
2. An encoding apparatus for image encoding, the encoding apparatus comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to: derive a position of a current subblock within a current block based on a center sample position of the current subblock; derive a reference subblock on a collocated reference picture based on the position of the current subblock; derive a subblock temporal motion vector predictor (sbTMVP) candidate based on a motion vector of the reference subblock; derive a motion vector of the current subblock based on the sbTMVP candidate; generate prediction samples of the current block based on the motion vector of the current subblock; generate residual samples derived based on the prediction samples; and encode image information including information on the residual samples, wherein the center sample position represents a position of a right-lower center sample positioned at a bottom right, among four samples positioned at the center, wherein for the reference subblock that is available, a motion vector of the available reference subblock is derived as the sbTMVP candidate, wherein the motion vector of the available reference subblock is derived based on a motion vector of a block covering a modified location derived based on a top-left sample position of the reference subblock, and wherein the modified location is derived by an equation ((xColSb>>3)<<3, (yColSb>>3)<<3), where the xColSb and the yColSb represent the x coordinate and y coordinate of the sample position of the reference subblock derived based on the center sample position of the current subblock, respectively, and >> represents an arithmetic right shift, and << represents an arithmetic left shift.
3. An apparatus for transmitting data for an image, the apparatus comprising: at least one processor configured to obtain a bitstream for the image, wherein the bitstream is generated based on deriving a position of a current subblock within a current block, deriving a reference subblock on a collocated reference picture based on the position of the current subblock, deriving a subblock temporal motion vector predictor (sbTMVP) candidate based on a motion vector of the reference subblock, deriving a motion vector of the current subblock based on the sbTMVP candidate, generating prediction samples of the current block based on the motion vector of the current subblock, generating information on residual samples derived based on the prediction samples, and generating the bitstream for image information including the information on the residual samples to output the bitstream; and a transmitter configured to transmit the data comprising the bitstream, wherein the position of the current subblock is derived based on a center sample position of the current subblock, wherein the reference subblock is derived on the collocated reference picture based on the center sample position of the current subblock, wherein the center sample position represents a position of a right-lower center sample positioned at a bottom right, among four samples positioned at the center, wherein the sbTMVP candidate is derived based on the motion vector of the reference subblock derived based on the availability of the reference subblock, wherein for the reference subblock that is available, a motion vector of the available reference subblock is derived as the sbTMVP candidate, wherein the motion vector of the available reference subblock is derived based on a motion vector of a block covering a modified location derived based on a top-left sample position of the reference subblock, and wherein the modified location is derived by an equation ((xColSb>>3)<<3, (yColSb>>3)<<3), where the xColSb and the yColSb represent the x coordinate and y coordinate of the sample position of the reference subblock derived based on the center sample position of the current subblock, respectively, and >> represents an arithmetic right shift, and << represents an arithmetic left shift.
13. A non-transitory computer-readable digital storage medium storing a bitstream generated by a method, the method comprising: deriving a position of a current subblock within a current block; deriving a reference subblock on a collocated reference picture based on the position of the current subblock; deriving a subblock temporal motion vector predictor (sbTMVP) candidate based on a motion vector of the reference subblock; deriving a motion vector of the current subblock based on the sbTMVP candidate; generating prediction samples of the current block based on the motion vector of the current subblock; generating information on residual samples derived based on the prediction samples; and encoding image information including the information on the residual samples to generate the bitstream, wherein the position of the current subblock is derived based on a center sample position of the current subblock, wherein the reference subblock is derived on the collocated reference picture based on the center sample position of the current subblock, wherein the center sample position represents a position of a right-lower center sample positioned at a bottom right, among four samples positioned at the center, wherein the sbTMVP candidate is derived based on the motion vector of the reference subblock derived based on the availability of the reference subblock, wherein for the reference subblock that is available, a motion vector of the available reference subblock is derived as the sbTMVP candidate, wherein the motion vector of the available reference subblock is derived based on a motion vector of a block covering a modified location derived based on a top-left sample position of the reference subblock, and wherein the modified location is derived by an equation ((xColSb>>3)<<3, (yColSb>>3)<<3), where the xColSb and the yColSb represent the x coordinate and y coordinate of the sample position of the reference subblock derived based on the center sample position of the current subblock, respectively, and >> represents an arithmetic right shift, and << represents an arithmetic left shift.
3. A non-transitory computer-readable digital storage medium storing a bitstream generated by an image encoding method, the method comprising: deriving a position of a current subblock within a current block based on a center sample position of the current subblock; deriving a reference subblock on a collocated reference picture based on the position of the current subblock; deriving a subblock temporal motion vector predictor (sbTMVP) candidate based on a motion vector of the reference subblock; deriving a motion vector of the current subblock based on the sbTMVP candidate; generating prediction samples of the current block based on the motion vector of the current subblock; generating residual samples derived based on the prediction samples; and encoding image information including information on the residual samples to output the bitstream, wherein the center sample position represents a position of a right-lower center sample positioned at a bottom right, among four samples positioned at the center, wherein for the reference subblock that is available, a motion vector of the available reference subblock is derived as the sbTMVP candidate, wherein the motion vector of the available reference subblock is derived based on a motion vector of a block covering a modified location derived based on a top-left sample position of the reference subblock, and wherein the modified location is derived by an equation ((xColSb>>3)<<3, (yColSb>>3)<<3), where the xColSb and the yColSb represent the x coordinate and y coordinate of the sample position of the reference subblock derived based on the center sample position of the current subblock, respectively, and >> represents an arithmetic right shift, and << represents an arithmetic left shift.
3. An apparatus for transmitting data for an image, the apparatus comprising: at least one processor configured to obtain a bitstream for the image, wherein the bitstream is generated based on deriving a position of a current subblock within a current block based on a center sample position of the current subblock, deriving a reference subblock on a collocated reference picture based on the position of the current subblock, deriving a subblock temporal motion vector predictor (sbTMVP) candidate based on a motion vector of the reference subblock, deriving a motion vector of the current subblock based on the sbTMVP candidate, generating prediction samples of the current block based on the motion vector of the current subblock, generating residual samples derived based on the prediction samples, and encoding image information including information on the residual samples to output the bitstream; and a transmitter configured to transmit the data comprising the bitstream, wherein the center sample position represents a position of a right-lower center sample positioned at a bottom right, among four samples positioned at the center, wherein for the reference subblock that is available, a motion vector of the available reference subblock is derived as the sbTMVP candidate, wherein the motion vector of the available reference subblock is derived based on a motion vector of a block covering a modified location derived based on a top-left sample position of the reference subblock, and wherein the modified location is derived by an equation ((xColSb>>3)<<3, (yColSb>>3)<<3), where the xColSb and the yColSb represent the x coordinate and y coordinate of the sample position of the reference subblock derived based on the center sample position of the current subblock, respectively, and >> represents an arithmetic right shift, and << represents an arithmetic left shift.
Conclusion
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/ANNER HOLDER/Primary Examiner, Art Unit 2483
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