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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 16/099,639, filed on 11/07/2018.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 06/09/2025, 07/16/2025, 09/15/2025, 10/27/2025, 03/09/2026, 05/12/2026, 07/02/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are 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 1-5 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 of U.S. Patent No. 12,489,888. Although the claims at issue are not identical, they are not patentably distinct from each other, as the only differences in the claim limitations are rolling up the limitations of claims 2 and 4 of the ‘888 patent into the independent claims, and the addition of a limitation noting that the transform set includes a transform candidate based on a discrete cosine transform (DCT) type.
Application No. 19/232,699
U.S. Patent No. 12,489,888
Claim 1
Claim 1
An image decoding method performed by a decoding apparatus, the method comprising:
An image decoding method performed by a decoding apparatus, the method comprising:
obtaining, through a bitstream, image information comprising information on quantized transform coefficient levels;
obtaining, through a bitstream, image information comprising information on quantized transform coefficient levels;
deriving a prediction mode for a current block as one of inter mode or intra mode;
deriving a prediction mode for a current block as one of inter mode or intra mode;
generating a predicted block of the current block based on the inter mode or the intra mode;
generating a predicted block of the current block based on the inter mode or the intra mode;
deriving transform coefficients based on the information on quantized transform coefficient levels;
deriving transform coefficients based on the information on quantized transform coefficient levels;
determining a transform set for the current block;
determining a transform set for the current block;
deriving a reconstructed residual signal by performing inverse-transform based on the transform coefficients and a transform candidate in the transform set; and
deriving a reconstructed residual signal by performing inverse-transform based on the transform coefficients and a transform candidate in the transform set; and
generating a reconstructed block based on the predicted block and the reconstructed residual signal,
generating a reconstructed block based on the predicted block and the reconstructed residual signal,
wherein the transform set includes a 2-dimensional (2D) transform candidate and a 1- dimensional (1D) transform candidate, wherein the transform set includes a transform candidate based on a discrete cosine transform (DCT) type,
wherein the transform set includes a 2-dimensional (2D) transform candidate and a 1- dimensional (1D) transform candidate
wherein the transform set is one of transform sets including a first transform set for the intra mode and a second transform set for the inter mode, and
Claim 2: wherein the transform set is one of transform sets including a first transform set for the intra mode and a second transform set for the inter mode, and
wherein a number of transform candidates of the first transform set is different from a number of transform candidates of the second transform set.
Claim 2: wherein a number of transform candidates of the first transform set is different from a number of transform candidates of the second transform set.
Claim 2
Claim 4
wherein at least one of the number or the types of transform candidates of the transform set are determined differently based on a size of the current block.
wherein at least one of the number or the types of transform candidates of the transform set are determined differently further based on a size of the current block.
Claim 3
Claim 5
An image encoding method performed by an encoding apparatus, the method comprising:
An image encoding method performed by an encoding apparatus, the method comprising:
deriving a prediction mode for a current block as one of inter mode or intra mode;
deriving a prediction mode for a current block as one of inter mode or intra mode;
generating predicted block of the current block based on the inter mode or the intra mode;
generating predicted block of the current block based on the inter mode or the intra mode;
deriving a residual signal based on the predicted block;
deriving a residual signal based on the predicted block;
determining a transform set for the current block;
determining a transform set for the current block;
deriving transform coefficients by performing transform based on the residual signal and a transform candidate in the transform set;
deriving transform coefficients by performing transform based on the residual signal and a transform candidate in the transform set;
deriving quantized transform coefficient levels based on the transform coefficients; and
deriving quantized transform coefficient levels based on the transform coefficients; and
encoding image information including information on the quantized transform coefficient levels,
encoding image information including information on the quantized transform coefficient levels,
wherein the transform set includes a 2-dimensional (2D) transform candidate and a 1- dimensional (1D) transform candidate, wherein the transform set includes a transform candidate based on a discrete cosine transform (DCT) type,
wherein the transform set includes a 2-dimensional (2D) transform candidate and a 1- dimensional (1D) transform candidate
wherein the transform set is one of transform sets including a first transform set for the intra mode and a second transform set for the inter mode, and
Claim 6: wherein the transform set is one of transform sets including a first transform set for the intra mode and a second transform set for the inter mode, and
wherein a number of transform candidates of the first transform set is different from a number of transform candidates of the second transform set.
Claim 6: wherein a number of transform candidates of the first transform set is different from a number of transform candidates of the second transform set.
Claim 4
Claim 4
wherein at least one of the number or the types of transform candidates of the transform set are determined differently based on a size of the current block.
wherein at least one of the number or the types of transform candidates of the transform set are determined differently further based on a size of the current block.
Claim 5
Claim 7
A transmission method for image data, the method comprising:
A transmission method for image data, the method comprising:
obtaining a bitstream of encoded image information, wherein the encoded image information is generated based on deriving a prediction mode for a current block as one of inter mode or intra mode, generating predicted block of the current block based on the inter mode or the intra mode, deriving a residual signal based on the predicted block, determining a transform set for the current block, deriving transform coefficients by performing transform based on the residual signal and a transform candidate in the transform set, deriving quantized transform coefficient levels based on the transform coefficients, and encoding image information including information on the quantized transform coefficient levels; and
obtaining a bitstream of encoded image information, wherein the encoded image information is generated based on deriving a prediction mode for a current block as one of inter mode or intra mode, generating predicted block of the current block based on the inter mode or the intra mode, deriving a residual signal based on the predicted block, determining a transform set for the current block, deriving transform coefficients by performing transform based on the residual signal and a transform candidate in the transform set, deriving quantized transform coefficient levels based on the transform coefficients, and encoding image information including information on the quantized transform coefficient levels; and
transmitting the image data comprising the bitstream,
transmitting the image data comprising the bitstream,
wherein the transform set includes a 2-dimensional (2D) transform candidate and a 1- dimensional (1D) transform candidate, wherein the transform set includes a transform candidate based on a discrete cosine transform (DCT) type,
wherein the transform set includes a 2-dimensional (2D) transform candidate and a 1-dimensional (1D) transform candidate.
wherein the transform set is one of transform sets including a first transform set for the intra mode and a second transform set for the inter mode, and
Claim 6: wherein the transform set is one of transform sets including a first transform set for the intra mode and a second transform set for the inter mode, and
wherein a number of transform candidates of the first transform set is different from a number of transform candidates of the second transform set.
Claim 6: wherein a number of transform candidates of the first transform set is different from a number of transform candidates of the second transform set.
Allowable Subject Matter
Claims 1-5 are objected to as being rejected on the grounds of non-statutory double patenting, but would be in condition for allowance if the double patenting rejections were to be overcome, such as through the filing of a Terminal Disclaimer in compliance with 37 CFR 1.321(b) as discussed above.
The following is a statement of reasons for the indication of allowable subject matter: The prior art does not teach or suggest the combination of limitations presented in the independent claims, with specific regard to determining a transform set for the current block; deriving a reconstructed residual signal by performing inverse-transform based on the transform coefficients and a transform candidate in the transform set; and generating a reconstructed block based on the predicted block and the reconstructed residual signal, wherein the transform set includes a 2-dimensional (2D) transform candidate and a dimensional (1D) transform candidate.
The closest prior art of reference, Zhao et al. (U.S. Publication No. 2017/0094314), discloses a communication medium to enable source device 12 to transmit encoded video data directly to destination device 14 in real-time, and discloses a set for separable transforms that only include 1D transform candidates, and another type of set for non- separable transforms that only including 2D transform candidates. However, Zhao does not expressly disclose generating a reconstructed block based on the predicted block and the reconstructed residual signal, wherein the transform set includes a 2-dimensional (2D) transform candidate and a 1- dimensional (1D) transform candidate.
The next closest prior art of reference, Han et al. (U.S. Publication No. 2015/0078441),
describes an adaptive video encoding/decoding method that classifies input images into categories and
processes them using different schemes based on their attributes. In contrast to claim 1, Han focuses on
selecting a single transform module based on the category of the coding block, and submitted that Han
does not consider both a 2D transform and a 1D transform as simultaneous candidates within a transform
set. As such, Han does not expressly disclose generating a reconstructed block based on the predicted
block and the reconstructed residual signal, wherein the transform set includes a 2-dimensional (2D)
transform candidate and a 1 dimensional (1D) transform candidate.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYLER B EDWARDS whose telephone number is (571)272-2738. The examiner can normally be reached 9:00 am - 5:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sathyanarayanan Perungavoor can be reached at (571)272-7455. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TYLER B. EDWARDS/
Examiner
Art Unit 2488
/SATH V PERUNGAVOOR/Supervisory Patent Examiner, Art Unit 2488
Prosecution Insights