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 .
Claims 1-14 are pending for examination.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/16/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-27 of U.S. Patent No. US12,348,762 B2. Although the claims at issue are not identical, they are not patentably distinct from each other, see table below.
US19/221,233
US12348762B2
1. A method of decoding video data, the method comprising:
8. An apparatus for decoding video data, the apparatus comprising:
a memory for storing encoded video data; and
a processor in communication with the memory, the processor configured to,
1. A method of decoding video data, the method comprising:
receiving encoded video data;
receiving encoded video data;
parsing a first sub-prediction unit motion flag from the encoded video data based on a first block being larger than a predefined value, wherein the first sub-prediction unit motion flag is received at a block level and is applicable to the first block;
parsing a first sub-prediction unit motion flag from the encoded video data based on a first block being larger than a predefined value, wherein the first sub-prediction unit motion flag is received at a block level and is applicable to the first block;
in response to determining the first sub-prediction unit motion flag is active,
in response to determining the first sub-prediction unit motion flag is active, the first sub-prediction unit motion flag indicating that motion information is generated based on sub-prediction unit motion,
deriving a first list of sub-prediction unit level motion prediction candidates, wherein the sub-prediction unit level motion prediction candidates are applicable to sub-prediction unit level motion estimation within at least one sub-block of the first block, and
deriving a first list of sub-prediction unit level motion prediction candidates, wherein the sub-prediction unit level motion prediction candidates are applicable to sub-prediction unit level motion estimation within at least one sub-block of the first block, and
decoding a sub-block merge index that indicates a first motion vector predictor from the first list of sub-prediction unit level motion prediction candidates;
decoding a sub-block merge index that indicates a first motion vector predictor from the first list of sub-prediction unit level motion prediction candidates;
decoding the at least one sub-block of the first block using the first motion vector predictor;
decoding the at least one sub-block of the first block using the first motion vector predictor;
parsing a second sub-prediction unit motion flag from the encoded video data based on a second block being larger than the predefined value, wherein the second sub-prediction unit motion flag is received at the block level and is applicable to the second block;
parsing a second sub-prediction unit motion flag from the encoded video data based on a second block being larger than the predefined value, wherein the second sub-prediction unit motion flag is received at the block level and is applicable to the second block;
in response to determining the second sub-prediction unit motion flag is not active,
in response to determining the second sub-prediction unit motion flag is not active,
deriving a second list of prediction unit level motion prediction candidates, wherein the prediction unit level motion prediction candidates are applicable to a prediction unit of the second block, and
deriving a second list of prediction unit level motion prediction candidates, wherein the prediction unit level motion prediction candidates are applicable to a prediction unit of the second block, and
decoding a prediction unit merge index that indicates a second motion vector predictor from the second list of prediction unit level motion prediction candidates, wherein the prediction unit merge index is a different syntax element than the sub-block merge index; and
decoding a prediction unit merge index that indicates a second motion vector predictor from the second list of prediction unit level motion prediction candidates, wherein the prediction unit merge index is a different syntax element than the sub-block merge index; and
decoding the prediction unit of the second block using the second motion vector predictor.
decoding the prediction unit of the second block using the second motion vector predictor.
2, 9. The method of claim 1 or apparatus of claim 8, wherein the encoded video data includes the first block and the second block, wherein the first list of sub-prediction unit level motion prediction candidates are derived from first neighboring blocks of the first block, and the second list of prediction unit level motion prediction candidates are derived from second neighboring blocks of the second block.
2. The method of claim 1, wherein the encoded video data includes the first block and the second block, wherein the first list of sub-prediction unit level motion prediction candidates are derived from first neighboring blocks of the first block, and the second list of prediction unit level motion prediction candidates are derived from second neighboring blocks of the second block.
3, 10. The method of claim 1 or apparatus of claim 8, wherein the first neighboring blocks are spatial neighbors of the first block in a current picture or temporal neighbors of the first block in a previously coded picture.
3. The method of claim 2, wherein the first neighboring blocks are spatial neighbors of the first block in a current picture or temporal neighbors of the first block in a previously coded picture.
4, 11. The method of claim 2 or apparatus of claim 9, wherein the first list of sub-prediction unit level motion prediction candidates or the second list of prediction unit level motion prediction candidates is at least partially ordered based on motion prediction occurrences in the first neighboring blocks or the second neighboring blocks.
4. The method of claim 2, wherein the first list of sub-prediction unit level motion prediction candidates or the second list of prediction unit level motion prediction candidates is at least partially ordered based on motion prediction occurrences in the first neighboring blocks or the second neighboring blocks.
5, 12. The method of claim 1 or apparatus of claim 8, wherein the second list of prediction unit level motion vector candidates includes at least one of: spatial neighboring candidates and temporal neighboring candidates.
5. The method of claim 1, wherein the second list of prediction unit level motion vector candidates includes at least one of: spatial neighboring candidates and temporal neighboring candidates.
6, 13. The method of claim 1 or apparatus of claim 8, wherein the first list of sub-prediction unit level motion prediction candidates includes at least one of: alternative temporal motion vector prediction (ATMVP), spatial-temporal motion vector prediction (STMVP), planar motion vector prediction, and pattern matched motion vector derivation (PMVD).
6. The method of claim 1, wherein the first list of sub-prediction unit level motion prediction candidates includes at least one of: alternative temporal motion vector prediction (ATMVP), spatial-temporal motion vector prediction (STMVP), planar motion vector prediction, and pattern matched motion vector derivation (PMVD).
7, 14. The method of claim 1 or apparatus of claim 8, wherein the first list of sub-prediction unit level motion prediction candidates includes affine motion vector prediction.
18. The method of claim 1, wherein the first list of sub-prediction unit level motion prediction candidates includes affine motion vector prediction.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HESHAM K ABOUZAHRA whose telephone number is (571)270-0425. The examiner can normally be reached M-F 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jamie Atala can be reached at 57127227384. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HESHAM K ABOUZAHRA/Primary Examiner, Art Unit 2486
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