DETAILED ACTION
This office action is in response to the application filed on 08/11/2025. Claims 1-20 have been examined.
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 .
Priority
Acknowledgement is made of applicant's claim for foreign application number EP: PCT/EP2020/055269 filed on 02/28/2020.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/26/2025, 10/15/2025 and 03/17/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this 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).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. patent Application No. 18/440,003. Although the claims at issue are not identical, they are not patentably distinct from each other because it would be obvious to one of ordinary skill in the art at the time of invention that the claims cover substantially the same subject matter. The table below shows only a sample of how each of these claims is anticipated by claims such as claim 1 of U.S. patent application No. 18/440,003.
Instant Application
U.S. patent application No. 18/440,003
Claim 1: A method of decoding a video bitstream implemented by a decoding device, the method comprising: obtaining a value of a first syntax element from a sequence parameter set (SPS), wherein the value of the first syntax element is used to specify whether a decoded picture buffer (DPB) parameters syntax structure is present in the SPS, wherein the SPS is coded in the video bitstream and includes syntax elements that apply to a video sequence; determining whether a maximum number of temporal sublayers in the video bitstream is greater than 1 if the value of the first syntax element specifies that a decoded picture buffer (DPB) parameters syntax structure is present in the SPS; and obtaining a second syntax element from the SPS if the maximum number of the temporal sublayers in the video bitstream is greater than 1, wherein a value of the second syntax element specifies whether a DPB syntax element is presented in the DPB parameters syntax structure
Claim 1: A method of decoding a video bitstream implemented by a decoding device, the method comprising: obtaining a value of a first syntax element from a sequence parameter set (SPS), wherein the value of the first syntax element is used to specify whether a decoded picture buffer (DPB) parameters syntax structure is present in the SPS, wherein the SPS is coded in the video bitstream and contains syntax elements that apply to a video sequence; obtaining a value of a third syntax element from the SPS, wherein the value of the third syntax element is used to determine a maximum number of temporal sublayers that are present in the video sequence; and determining whether the maximum number of the temporal sublayers in the video bitstream is greater than 1 based on the value of the third syntax element, when determining that the value of the first syntax element specifies that the DPB parameters syntax structure is present in the SPS.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because claim 19 recites the term “computer-readable medium” which can be interpreted as a signal per se.
Claim Interpretation
In determining patentability of an invention over the prior art, all claim limitations have been considered and interpreted as broadly as their terms reasonably allow. See MPEP § 2111.
Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant always has the opportunity to amend the claims during prosecution, and broad interpretation by the examiner reduces the possibility that the claim, once issued, will be interpreted more broadly than is justified. In re Pruter, 415 F.2d 1393, 1404-05, 162 USPQ 541, 550-51 (CCPA 1969). See MPEP § 2111.
(i) All claim limitations have been considered. Additionally, all words in the claims have been considered in judging the patentability of the claims against the prior art. The following language is interpreted as not further limiting the scope of the claimed invention. See MPEP 2106 II C.
(ii) Language in a method claim that states only the intended use or intended result, but the expression does not result in a manipulative difference in the steps of the claim. Language in a system claim that states only the intended use or intended result, but does not result in a structural difference between the claimed invention and the prior art. In other words, if the prior art structure is capable of performing the intended use, then it meets the claim.
(iii) Claim limitations that contain statement(s) such as “if, may, might, can could”, as optional language. As matter of linguistic precision, optional claim elements do not narrow claim limitations, since they can always be omitted.
Claim limitations that contain statement(s) such as “wherein, whereby”, that fail to further define the steps or acts to be performed in method claims or the discrete physical structure required of system claims.
USPTO personnel should begin claim analysis by identifying and evaluating each claim limitation. For processes, the claim limitations will define steps or acts to be performed. For products, the claim limitations will define discrete physical structures or materials. Product claims are claims that are directed to either machines, manufactures or compositions of matter. See MPEP § 2106 II C.
The subject matter of a properly construed claim is defined by the terms that limit its scope. It is this subject matter that must be examined. As a general matter, the grammar and intended meaning of terms used in a claim will dictate whether the language limits the claim scope. Language that suggests or makes optional but does not require steps to be performed or does not limit a claim to a particular structure does not limit the scope of a claim or claim limitation. The following are examples of language that may raise a question as to the limiting effect of the language in a claim:
(A) statements of intended use or field of use,
(B) “adapted to” or “adapted for” clauses,
(C) “wherein” clauses, or
(D) “whereby” clauses.
See MPEP § 2106 II C.
Exemplary claim 1 recites the term "if" (i.e. " determining whether a maximum number of temporal sublayers in the video bitstream is greater than 1 if the value of the first syntax element specifies that a decoded picture buffer (DPB) parameters syntax structure is present in the SPS; and obtaining a second syntax element from the SPS if the maximum number of the temporal sublayers in the video bitstream is greater than 1, wherein a value of the second syntax element specifies whether a DPB syntax element is presented in the DPB parameters syntax structure”). The term “if” is a conditional statement which does not require the claim functionality to occur, but merely indicates that the function may or may not be performed if something occurs. Examiner advises Applicant to amend the claim to explicitly require the claim to perform the claimed functionality.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 5-15 and 17-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Seregin (US 2021/0235124).
Regarding claim 1, Seregin discloses a method of decoding a video bitstream implemented by a decoding device, the method comprising: obtaining a value of a first syntax element from a sequence parameter set (SPS), wherein the value of the first syntax element is used to specify whether a decoded picture buffer (DPB) parameters syntax structure is present in the SPS, wherein the SPS is coded in the video bitstream and includes syntax elements that apply to a video sequence; determining whether a maximum number of temporal sublayers in the video bitstream is greater than 1 if the value of the first syntax element specifies that a decoded picture buffer (DPB) parameters syntax structure is present in the SPS; and obtaining a second syntax element from the SPS if the maximum number of the temporal sublayers in the video bitstream is greater than 1, wherein a value of the second syntax element specifies whether a DPB syntax element is presented in the DPB parameters syntax structure (Seregin, paragraph 196 discloses entropy decoding unit 302 of video decoder 300 may decode a syntax element that specifies whether a DPB parameters syntax structure is present in the SPS. As one example, entropy decoding unit 302 may decode a sps_ptl_dpb_hrd_params_present_flag syntax element. Where the sps_ptl_dpb_hrd_params_present_flag syntax element is equal to 1, a DPB parameters syntax structure may be present in the SPS. Alternatively, where the sps_ptl_dpb_hrd_params_present_flag syntax element is equal to 0, the SPS may not include a DPB parameters syntax structure. In accordance with one or more aspects of this disclosure, the sps_ptl_dpb_hrd_params_present_flag syntax element may always be 1 (i.e., the SPS contains a DPB parameters syntax structure) when the SPS is referred to by a layer that is an only layer of an output layer set (OLS) (i.e., where sps_video_parameter_set_id is equal to 0).
Regarding claim 2, Seregin discloses the method of claim 1, wherein the DPB syntax element is applied to a temporal sublayer except for a highest temporal sublayer in the video sequence (Seregin, paragraph 81 discloses the signaling of vps_sublayer_dpb_params_present_flag can be combined with vps_num_dpb_params, then vps_num_dpb_params_minus1>0 condition may not be needed and only condition having more than one temporal layer (vps_max_sublayers_minus1>0) may be retained).
Regarding claim 3, Seregin discloses the method of claim 2, further comprising: obtaining a value of the DPB syntax element based on the value of the second syntax element; and reconstructing the video sequence based on the value of the DPB syntax element (Seregin, paragraph 10 discloses when a sequence parameter set (SPS) of a current bitstream of video data is referred to by a layer that is an only layer of an output layer set (OLS), a decoded picture buffer (DPB) parameters syntax structure from the SPS; and reconstruct, based on the DPB parameters syntax structure, video data represented by the current bitstream).
Regarding claim 5, Seregin discloses the method of claim 3, wherein the reconstructing the video sequence based on the value of the DPB syntax element comprises: configuring a DPB based on the value of the DPB syntax element; and reconstructing the video sequence using the DPB (Seregin, paragraph 10 discloses when a sequence parameter set (SPS) of a current bitstream of video data is referred to by a layer that is an only layer of an output layer set (OLS), a decoded picture buffer (DPB) parameters syntax structure from the SPS; and reconstruct, based on the DPB parameters syntax structure, video data represented by the current bitstream).
Regarding claim 6, Seregin discloses the method of claim 3, wherein the reconstructing the video sequence based on the value of the DPB syntax element comprises: reconstructing the video sequence based on determining that a DPB used satisfies a requirement specified by the value of the DPB syntax element (Seregin, paragraph 10 discloses when a sequence parameter set (SPS) of a current bitstream of video data is referred to by a layer that is an only layer of an output layer set (OLS), a decoded picture buffer (DPB) parameters syntax structure from the SPS; and reconstruct, based on the DPB parameters syntax structure, video data represented by the current bitstream).
Regarding claim 7, Seregin discloses the method of claim 2, wherein the obtaining the second syntax element from the SPS comprises: obtaining the value of the second syntax element from the SPS, when determining that the maximum number of the temporal sublayers is greater than one (Seregin, paragraph 196 discloses entropy decoding unit 302 of video decoder 300 may decode a syntax element that specifies whether a DPB parameters syntax structure is present in the SPS. As one example, entropy decoding unit 302 may decode a sps_ptl_dpb_hrd_params_present_flag syntax element. Where the sps_ptl_dpb_hrd_params_present_flag syntax element is equal to 1, a DPB parameters syntax structure may be present in the SPS. Alternatively, where the sps_ptl_dpb_hrd_params_present_flag syntax element is equal to 0, the SPS may not include a DPB parameters syntax structure. In accordance with one or more aspects of this disclosure, the sps_ptl_dpb_hrd_params_present_flag syntax element may always be 1 (i.e., the SPS contains a DPB parameters syntax structure) when the SPS is referred to by a layer that is an only layer of an output layer set (OLS) (i.e., where sps_video_parameter_set_id is equal to 0).
Regarding claim 8, Seregin discloses a method of encoding a video bitstream implemented by an encoding device, the method comprising: determining presence of a decoded picture buffer (DPB) parameters syntax structure in a sequence parameter set (SPS), wherein the SPS is encoded in the video bitstream and includes syntax elements that apply to a video sequence; encoding a value of a first syntax element into the SPS based on the determining of the presence of the DPB parameters syntax structure in the SPS, wherein the value of the first syntax element is used to specify whether the DPB parameters syntax structure is present in the SPS; determining a maximum number of temporal sublayers in the video bitstream; and encoding a second syntax element into the SPS if the maximum number of temporal sublayers in the video bitstream is greater than one, wherein, wherein a value of the second syntax element specifies whether a DPB syntax element is presented in the DPB parameters syntax structure (Seregin, paragraph 196 discloses entropy decoding unit 302 of video decoder 300 may decode a syntax element that specifies whether a DPB parameters syntax structure is present in the SPS. As one example, entropy decoding unit 302 may decode a sps_ptl_dpb_hrd_params_present_flag syntax element. Where the sps_ptl_dpb_hrd_params_present_flag syntax element is equal to 1, a DPB parameters syntax structure may be present in the SPS. Alternatively, where the sps_ptl_dpb_hrd_params_present_flag syntax element is equal to 0, the SPS may not include a DPB parameters syntax structure. In accordance with one or more aspects of this disclosure, the sps_ptl_dpb_hrd_params_present_flag syntax element may always be 1 (i.e., the SPS contains a DPB parameters syntax structure) when the SPS is referred to by a layer that is an only layer of an output layer set (OLS) (i.e., where sps_video_parameter_set_id is equal to 0).
Regarding claim 9, Seregin discloses the method of claim 8, further comprising: determining presence of the DPB syntax element in the DPB parameters syntax structure, when determining that the DPB parameters syntax structure is present in the SPS, wherein the DPB syntax element is applied to a temporal sublayer except for a highest temporal sublayer in the video sequence (Seregin, paragraph 81 discloses the signaling of vps_sublayer_dpb_params_present_flag can be combined with vps_num_dpb_params, then vps_num_dpb_params_minus1>0 condition may not be needed and only condition having more than one temporal layer (vps_max_sublayers_minus1>0) may be retained).
Regarding claim 10, Seregin discloses the method of claim 9, further comprising: determining a value of the DPB syntax element when determining that the DPB syntax element is present in the DPB parameters syntax structure; and reconstructing the video sequence based on the value of the DPB syntax element (Seregin, paragraph 10 discloses when a sequence parameter set (SPS) of a current bitstream of video data is referred to by a layer that is an only layer of an output layer set (OLS), a decoded picture buffer (DPB) parameters syntax structure from the SPS; and reconstruct, based on the DPB parameters syntax structure, video data represented by the current bitstream).
Regarding claim 11, Seregin discloses the method of claim 10, wherein the reconstructing the video sequence based on the value of the DPB syntax element comprises: configuring a DPB to satisfy the value of the DPB syntax element; and reconstructing the video sequence using the DPB (Seregin, paragraph 10 discloses when a sequence parameter set (SPS) of a current bitstream of video data is referred to by a layer that is an only layer of an output layer set (OLS), a decoded picture buffer (DPB) parameters syntax structure from the SPS; and reconstruct, based on the DPB parameters syntax structure, video data represented by the current bitstream).
Regarding claim 12, Seregin discloses the method of claim 9, wherein the presence of the DPB syntax element in the DPB parameters syntax structure is determined, when it is determined that the DPB parameters syntax structure is present in the SPS and a maximum number of temporal sublayers in the video bitstream is greater than one (Seregin, paragraph 196 discloses entropy decoding unit 302 of video decoder 300 may decode a syntax element that specifies whether a DPB parameters syntax structure is present in the SPS. As one example, entropy decoding unit 302 may decode a sps_ptl_dpb_hrd_params_present_flag syntax element. Where the sps_ptl_dpb_hrd_params_present_flag syntax element is equal to 1, a DPB parameters syntax structure may be present in the SPS. Alternatively, where the sps_ptl_dpb_hrd_params_present_flag syntax element is equal to 0, the SPS may not include a DPB parameters syntax structure. In accordance with one or more aspects of this disclosure, the sps_ptl_dpb_hrd_params_present_flag syntax element may always be 1 (i.e., the SPS contains a DPB parameters syntax structure) when the SPS is referred to by a layer that is an only layer of an output layer set (OLS) (i.e., where sps_video_parameter_set_id is equal to 0).
Regarding claim 13, Seregin discloses an apparatus for decoding a coded video bitstream, wherein the apparatus comprises: one or more processors; and a memory coupled to the processors and storing programming for execution by the processors, wherein the programming, when executed by the processors, carries out operations: obtaining a value of a first syntax element from a sequence parameter set (SPS), wherein the value of the first syntax element is used to specify whether a decoded picture buffer (DPB) parameters syntax structure is present in the SPS, wherein the SPS is coded in a video bitstream and includes syntax elements that apply to a video sequence; determining whether a maximum number of temporal sublayers in the video bitstream is greater than 1 if the value of the first syntax element specifies that a decoded picture buffer (DPB) parameters syntax structure is present in the SPS; and obtaining a second syntax element from the SPS if the maximum number of the temporal sublayers in the video bitstream is greater than 1, wherein a value of the second syntax element specifies whether a DPB syntax element is presented in the DPB parameters syntax structure (Seregin, paragraph 196 discloses entropy decoding unit 302 of video decoder 300 may decode a syntax element that specifies whether a DPB parameters syntax structure is present in the SPS. As one example, entropy decoding unit 302 may decode a sps_ptl_dpb_hrd_params_present_flag syntax element. Where the sps_ptl_dpb_hrd_params_present_flag syntax element is equal to 1, a DPB parameters syntax structure may be present in the SPS. Alternatively, where the sps_ptl_dpb_hrd_params_present_flag syntax element is equal to 0, the SPS may not include a DPB parameters syntax structure. In accordance with one or more aspects of this disclosure, the sps_ptl_dpb_hrd_params_present_flag syntax element may always be 1 (i.e., the SPS contains a DPB parameters syntax structure) when the SPS is referred to by a layer that is an only layer of an output layer set (OLS) (i.e., where sps_video_parameter_set_id is equal to 0).
Regarding claim 14, Seregin discloses the apparatus of claim 13, wherein the DPB syntax element is applied to a temporal sublayer except for a highest temporal sublayer in the video sequence (Seregin, paragraph 81 discloses the signaling of vps_sublayer_dpb_params_present_flag can be combined with vps_num_dpb_params, then vps_num_dpb_params_minus1>0 condition may not be needed and only condition having more than one temporal layer (vps_max_sublayers_minus1>0) may be retained).
Regarding claim 15, Seregin discloses the apparatus of claim 14, wherein the programming, when executed by the processors, carries out operations further comprising: obtaining a value of the DPB syntax element based on the value of the second syntax element; and reconstructing the video sequence based on the value of the DPB syntax element (Seregin, paragraph 10 discloses when a sequence parameter set (SPS) of a current bitstream of video data is referred to by a layer that is an only layer of an output layer set (OLS), a decoded picture buffer (DPB) parameters syntax structure from the SPS; and reconstruct, based on the DPB parameters syntax structure, video data represented by the current bitstream).
Regarding claim 17, Seregin discloses the apparatus of claim 15, wherein the reconstructing the video sequence based on the value of the DPB syntax element comprises: configuring a DPB based on the value of the DPB syntax element; and reconstructing the video sequence using the DPB (Seregin, paragraph 10 discloses when a sequence parameter set (SPS) of a current bitstream of video data is referred to by a layer that is an only layer of an output layer set (OLS), a decoded picture buffer (DPB) parameters syntax structure from the SPS; and reconstruct, based on the DPB parameters syntax structure, video data represented by the current bitstream).
Regarding claim 18, Seregin discloses an apparatus for encoding a video bitstream, wherein the apparatus comprises: one or more processors; and a memory coupled to the processors and storing programming for execution by the processors, wherein the programming, when executed by the processors, carries out operations: determining presence of a decoded picture buffer (DPB) parameters syntax structure in a sequence parameter set (SPS), wherein the SPS is encoded in the video bitstream and includes syntax elements that apply to a video sequence; encoding a value of a first syntax element into the SPS based on the determining of the presence of the DPB parameters syntax structure in the SPS, wherein the value of the first syntax element is used to specify whether the DPB parameters syntax structure is present in the SPS; determining a maximum number of temporal sublayers in the video bitstream; and encoding a second syntax element into the SPS if the maximum number of temporal sublayers in the video bitstream is greater than one, wherein, wherein a value of the second syntax element specifies whether a DPB syntax element is presented in the DPB parameters syntax structure (Seregin, paragraph 196 discloses entropy decoding unit 302 of video decoder 300 may decode a syntax element that specifies whether a DPB parameters syntax structure is present in the SPS. As one example, entropy decoding unit 302 may decode a sps_ptl_dpb_hrd_params_present_flag syntax element. Where the sps_ptl_dpb_hrd_params_present_flag syntax element is equal to 1, a DPB parameters syntax structure may be present in the SPS. Alternatively, where the sps_ptl_dpb_hrd_params_present_flag syntax element is equal to 0, the SPS may not include a DPB parameters syntax structure. In accordance with one or more aspects of this disclosure, the sps_ptl_dpb_hrd_params_present_flag syntax element may always be 1 (i.e., the SPS contains a DPB parameters syntax structure) when the SPS is referred to by a layer that is an only layer of an output layer set (OLS) (i.e., where sps_video_parameter_set_id is equal to 0).
Regarding claim 19, Seregin discloses a computer program product embodied on a computer-readable medium, the computer program product comprising a program code for performing the method according to claim 1 when executed on a computer or a processor (Seregin, paragraph 32).
Regarding claim 20, Seregin discloses a non-transitory computer-readable medium carrying a program code which, when executed by a computer device, causes the computer device to perform the method of claim 1 (Seregin, paragraph 32).
Allowable Subject Matter
Claim 4 and 16 would be allowable if rewritten to overcome the nonstatutory double patenting rejection set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
ConclusionAny inquiry concerning this communication or earlier communications from the examiner should be directed to JERRY T JEAN BAPTISTE whose telephone number is (571)272-6189. The examiner can normally be reached on Monday-Friday 9-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Vaughn can be reached on 571-272-3922. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JERRY T JEAN BAPTISTE/Examiner, Art Unit 2481
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