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 §§ 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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US Patent 12,355,972 B2
Claims 1-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 & 23 of US 12,355,972 B2 in view of Nalci et al. (US 2021/0203985 A1, with provisional benefit of 62/954,149) (hereinafter Nalci).
Instant 19/217,822
US 12,355,972 B2
1. An image decoding method performed by an image decoding apparatus, the image decoding method comprising:
1. An image decoding method performed by an image decoding apparatus, the image decoding method comprising:
obtaining first information indicating whether block-based differential pulse coded modulation (BDPCM) is applicable to a current image;
obtaining first information indicating whether block-based differential pulse coded modulation (BDPCM) is applicable to a current image;
obtaining second information indicating whether to apply the BDPCM to a current block in the current image based on the first information;
obtaining second information indicating whether to apply the BDPCM to a current block in the current image based on the first information;
obtaining third information indicating a prediction direction of the BDPCM based on the second information; and
obtaining third information indicating a prediction direction of the BDPCM based on the second information; and
applying the BDPCM to the current block based on the prediction direction of the BDPCM,
applying the BDPCM to the current block based on the prediction direction of the BDPCM,
wherein the first information indicates whether BDPCM is enabled for both a luma component and a chroma component of the current block,
wherein the first information indicates whether BDPCM is enabled for both a luma component and a chroma component of the current block, and
wherein the second information for the chroma component and the third information for the chroma component are obtained from a bitstream based on a color format of the current image being a 4:2:0 color format or a 4:2:2 color format,
wherein the second information for the chroma component and the third information for the chroma component are obtained from a bitstream based on a color format of the current image being a 4:2:0 color format or a 4:2:2 color format.
and wherein a prediction direction for an intra prediction of the current block is determined same as the prediction direction of the BDPCM.
Although the claims are not identical, they are not patentably distinct from each other because claim 1 of the instant application differs from claim 1 of US 12,355,972 B2 in that the instant application discloses the limitations of wherein a prediction direction for an intra prediction of the current block is determined same as the prediction direction of the BDPCM.
However, these limitations are known in the art as evidenced by Nalci, wherein Paragraphs [0129]-[0131], and supported in Paragraphs [0109]-[0110] in provisional, teaches of aligning modes means that, if the BDPCM mode is a horizontal mode, video encoder 200 and video decoder 300 may be configured to set the intra prediction mode for the block to be the horizontal intra prediction mode. Likewise, if the BDPCM mode is a vertical mode, video encoder 200 and video decoder 300 may be configured to set the intra prediction mode for the block to be the vertical intra prediction mode. Such an alignment may provide additional coding gains. This alignment between BDPCM modes and intra prediction mode modifies the MPM list such that future BDPCM coded blocks use either horizontal or vertical mode for the intra prediction mode. It would have been obvious to the person of ordinary skill in the art at the effective filing date of the invention to modify the instant invention to add the teachings of Nalci as above, to provide a method and a device for aligning the intra prediction mode to the BDPCM mode may improve coding efficiency for some pictures of video data (Nalci, Paragraphs [0129]).
Regarding claims (2-21), claims (2-21) in the instant application correspond to claims (2-20 & 23), respectively, in Patent US 12,355,972 B2.
This is a nonstatutory double patenting rejection.
Allowable Subject Matter
Claims 1-21 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, and overcoming the nonstatutory double patenting rejections outlined above.
Claims 1-21 contain allowable subject matter.
The following is a statement of reasons for the indication of allowable subject matter: The various claimed limitations mentioned in the claims are not taught or suggested by the prior art taken either singly or in combination, with emphasize that it is each claim, taken as a whole, including the interrelationships and interconnections between various claimed elements make them allowable over the prior art of record.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL CHANG whose telephone number is (571)272-5707. The examiner can normally be reached M-Sa, 12PM - 10 PM.
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/DANIEL CHANG/Primary Examiner, Art Unit 2487
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