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, 10-12 have been amended. Claims 1-12 are pending for examination.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/05/2026; 04/17/2026; 12/19/2025; 08/04/2025; 05/30/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 10-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1, 10-12 recites the limitation " the color component ". There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 11 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by JEONG (US 20180176601 A1).
Regarding claim 11, a bit stream generated by a method, the method comprising… is a product by process claim limitation where the product is the bit stream and the process is the method steps to generate the bitstream. MPEP §2113 recites “Product-by-Process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps”. Thus, the scope of the claim is the storage medium storing the bitstream (with the structure implied by the method steps). The structure includes the information and samples manipulated by the steps.
“To be given patentable weight, the printed matter and associated product must be in a functional relationship. A functional relationship can be found where the printed matter performs some function with respect to the product to which it is associated”. MPEP §2111.05(I)(A). When a claimed “computer-readable medium merely serves as a support for information or data, no functional relationship exists. MPEP §2111.05(III). The storage medium storing the claimed bitstream in claim 11 merely serves as a support for the storage of the bitstream and provides no functional relationship between the stored bitstream and storage medium. Therefor the structure bitstream, which scope is implied by the method steps, is non-functional descriptive material and given no patentable weight. MPEP §2111.05(III). Thus, the claim scope is just a storage medium storing data and is anticipated by JEONG which recites a storage medium storing a bitstream ([0019]).
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 1-12 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. US 12052415 B2 in view of JEONG (US 20180176601 A1). See table:
Instant application: 19223478
US12052415B2
1. An image decoding method with a decoding apparatus comprising:
10. An image encoding method comprising:
11. A non-transitory computer readable recording medium storing a bitstream that is generated by an image encoding method, the method comprising:
12. A method of transmitting a bitstream that is generated by an image encoding method, the image encoding method comprising:
1. An image decoding method comprising:
determining an intra prediction mode of a target block;
determining an intra prediction mode of a target block;
generating a prediction block of the target block based on the intra prediction mode;
generating a prediction block of the target block based on the intra prediction mode; and
modifying the prediction block; and
modifying the prediction block,
reconstructing the current block based on the prediction block and a residual block of the current block,
JEONG: [0272] In the meantime, the inverse quantization units 220 and 315 and the inverse transform units 225 and 320 shown in FIGS. 2 and 3 may be realized by inversely performing the processes of the transform unit 210 and the quantization unit 215. That is, the inverse quantization unit 220 may perform inverse quantization on the quantized transform coefficient generated by the quantization unit 215, and the inverse transform unit 225 may generate a reconstructed residual block by inverse transforming the inversely quantized transform coefficient.
wherein the residual block is generated by performing inverse-quantization and inverse-transformation for quantized transform coefficients,
JEONG: [0272] In the meantime, the inverse quantization units 220 and 315 and the inverse transform units 225 and 320 shown in FIGS. 2 and 3 may be realized by inversely performing the processes of the transform unit 210 and the quantization unit 215. That is, the inverse quantization unit 220 may perform inverse quantization on the quantized transform coefficient generated by the quantization unit 215, and the inverse transform unit 225 may generate a reconstructed residual block by inverse transforming the inversely quantized transform coefficient.
wherein the quantized transform coefficients are obtained by decoding a bitstream,
JEONG: Fig. 20
wherein the intra prediction mode of the target block is determined as a mode within a prediction mode candidate group according to state information of the target block.
wherein the intra prediction mode of the target block is determined as a mode within a prediction mode candidate group according to state information of the target block, and
wherein when the color component of the target block is a chroma component, the prediction mode candidate group in which at least one of the directional mode, the non-directional mode, a color mode or a color copy mode is supported is referred to
wherein when the color component of the target block is a chroma component, the prediction mode candidate group comprises a directional mode, a non-directional mode, a color mode and a color copy mode
2. The method of claim 1, wherein when a color component of the target block is a luma component, the prediction mode candidate group composed of a directional mode and a non-directional mode is referred to.
2. The method of claim 1, wherein when a color component of the target block is a luma component, the prediction mode candidate group comprises the directional mode and the non-directional mode.
3. The method of claim 2, wherein the prediction mode candidate group is classified into a plurality of categories by considering a maximum number or a priority of a prediction mode which is capable of being included in each category.
3. The method of claim 2, wherein the prediction mode candidate group is classified into a plurality of categories by considering a maximum number or a priority of a prediction mode which is capable of being included in each category.
4. The method of claim 2, wherein the prediction mode candidate group is classified into a first category including the non-directional mode and the directional mode and a second category including the color copy mode.
4. The method of claim 2, wherein the prediction mode candidate group is classified into a first category including the non-directional mode and the directional mode and a second category including the color copy mode.
5. The method of claim 3, further comprising:
5. The method of claim 3, further comprising:
obtaining first information specifying any one of the plurality of categories; and
obtaining first information specifying any one of the plurality of categories; and
obtaining second information specifying the intra prediction mode of the target block in the category according to the first information,
obtaining second information specifying the intra prediction mode of the target block in the category according to the first information,
wherein the intra prediction mode of the target block is determined from the specified category based on the first information and the second information.
wherein the intra prediction mode of the target block is determined from the specified category based on the first information and the second information.
6. The method of claim 5, wherein the second information is not obtained when only one prediction mode is included in the category according to the first information.
6. The method of claim 5, wherein the second information is not obtained when only one prediction mode is included in the category according to the first information.
7. The method of claim 1, further comprising, constructing a reference pixel used for the intra prediction,
7. The method of claim 1, further comprising, constructing a reference pixel used for the intra prediction,
wherein the reference pixel belongs to all or part of a plurality of reference pixel lines supported in a decoding apparatus.
wherein the reference pixel belongs to all or part of a plurality of reference pixel lines supported in a decoding apparatus.
8. The method of claim 7, further comprising, performing at least one of a weighted filter or an interpolation filter for the constructed reference pixel.
8. The method of claim 7, further comprising, performing at least one of a weighted filter or an interpolation filter for the constructed reference pixel.
9. The method of claim 1, wherein the modifying the prediction block is selectively performed based on predetermined coding information,
9. The method of claim 1, wherein the modifying the prediction block is selectively performed based on predetermined coding information,
wherein the coding information includes at least one of an image type, a color component, state information, a coding mode, an intra prediction mode, whether intra prediction in units of sub-blocks is applied or a reference pixel line.
wherein the coding information includes at least one of an image type, a color component, state information, a coding mode, an intra prediction mode, whether intra prediction in units of sub-blocks is applied or a reference pixel line.
It would have been obvious for a person of ordinary skill in the art, before the effective filling date of the claimed invention, to take the teachings of JEONG and apply them to U.S. Patent No. US 12052415 B2. One would be motivated as such to improve prediction accuracy.
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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