DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This office action is a response to an application filed on 08/14/2025, in which claims 2-21 are pending and ready for examination.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Information Disclosure Statement
The information disclosure statement (IDS) submitted was filed before the mailing date of the Office Action on the merits. The submission 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 §§ 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/patent/patents-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 www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 8-14 of U.S. Patent No. 12,356,013 B2. Although the claims at issue are not identical, they are not patentably distinct from each other as indicated below.
Instant – 19/234,152
US Pat 12,356,013 B2
Claim 2 - A non-transitory computer-readable storage medium storing instructions which when executed by a processor cause the processor to perform an encoding method comprising:
Claim 8 - A method of encoding, the method comprising:
encoding a video media bitstream that includes an access unit (AU), the AU including a picture unit (PU) that includes:
encoding a bitstream that includes an access unit (AU), the AU including a picture unit (PU) that includes:
a picture header network abstraction layer (NAL) unit that is a dependent picture header NAL unit, and
at least one video coding layer (VCL) NAL unit that is after the picture header NAL unit within the AU;
encoding an independent picture header NAL unit of a picture of a reference layer, the picture of the reference layer being referenced by an enhancement layer picture that includes the at least one VCL NAL unit; and
a picture header network abstraction layer (NAL) unit that is a dependent picture header NAL unit, and
at least one video coding layer (VCL) NAL unit that is after the picture header NAL unit within the AU; and
encoding an independent picture header NAL unit of a picture of a reference layer, the picture of the reference layer being referenced by an enhancement layer picture that includes the at least one VCL NAL unit,
transmitting the encoded video media bitstream,
wherein a value of a syntax element of the dependent picture header NAL unit of the enhancement layer picture is based on a value of a syntax element of the independent picture header NAL unit, and
the independent picture header NAL unit and the dependent picture header NAL unit are each an NAL unit that includes a NAL unit type syntax element that has a value indicating a picture header NAL unit.
wherein a value of a syntax element of the dependent picture header NAL unit of the enhancement layer picture is based on a value of a syntax element of the independent picture header NAL unit, and
the independent picture header NAL unit and the dependent picture header NAL unit are each an NAL unit that includes a NAL unit type syntax element that has a value indicating a picture header NAL unit.
Claim 3 - encoding, in the video media bitstream, a delta value between the value of the syntax element of the dependent picture header NAL unit and the value of the syntax element of the independent picture header NAL unit.
Claim 9 - encoding, in the bitstream, a delta value between the value of the syntax element of the dependent picture header NAL unit and the value of the syntax element of the independent picture header NAL unit.
Claim 4 - encoding a flag of the independent picture header NAL unit that indicates the picture of the reference layer includes the independent picture header NAL unit; and encoding a flag of the dependent picture header NAL unit that indicates the enhancement layer picture includes the dependent picture header NAL unit.
Claim 10 - encoding a flag of the independent picture header NAL unit that indicates the picture of the reference layer includes the independent picture header NAL unit; and encoding a flag of the dependent picture header NAL unit that indicates the enhancement layer picture includes the dependent picture header NAL unit.
Claim 5 - encoding a unit type of the picture of the reference layer that indicates the picture of the reference layer includes the independent picture header NAL unit; and encoding a unit type of the enhancement layer picture that indicates the enhancement layer picture includes the dependent picture header NAL unit.
Claim 11 - encoding a unit type of the picture of the reference layer that indicates the picture of the reference layer includes the independent picture header NAL unit; and encoding a unit type of the enhancement layer picture that indicates the enhancement layer picture includes the dependent picture header NAL unit.
Claim 6 - the independent picture header NAL unit directly precedes a VCL NAL unit in an encoding order in the picture of the reference layer.
Claim 12 - the independent picture header NAL unit directly precedes a VCL NAL unit in an encoding order in the picture of the reference layer.
Claim 7 - the dependent picture header NAL unit directly precedes the at least one VCL NAL unit in an encoding order in the enhancement layer picture.
Claim 13 - the dependent picture header NAL unit directly precedes the at least one VCL NAL unit in an encoding order in the enhancement layer picture.
Claim 8 - each of the picture in the reference layer and the enhancement layer picture includes a plurality of VCL NAL units and a plurality of picture header NAL units directly preceding the plurality of VCL NAL units, the plurality of VCL NAL units in the enhancement layer picture including the at least one VCL NAL unit in the enhancement layer picture.
Claim 14 - each of the picture in the reference layer and the enhancement layer picture includes a plurality of VCL NAL units and a plurality of picture header NAL units directly preceding the plurality of VCL NAL units, the plurality of VCL NAL units in the enhancement layer picture including the at least one VCL NAL unit in the enhancement layer picture.
Although the conflicting claims are not identical, they are not patentably distinct from each other, because claims 2-8 of the instant application differs from claims 8-14 of US 12,356,013 B2 in that the instant application recites commonly known and routinely performed insignificant extra-solution of using an apparatus or a transmitter comprising a memory and processor configured to perform the indistinct and equivalent processing steps while the claims in the co-pending Application claim does not explicitly recite such extra-solution. However, it would have been obvious to a person with ordinary skill in the pertinent art at the time of the invention to recognize that such processing steps are commonly known and routinely performed as a part of video coding process.
Claims 9-15 are directed to an apparatus for video decoding, comprising: processing circuitry configured to perform a sequence of processing steps that are in reverse order/reciprocal manner of the processing steps corresponding to the same as recited in claims 2-8, and are non-patentable over the prior art for the same reason as previously indicated.
Claims 16-21 are directed to an apparatus for video encoding, comprising: processing circuitry configured to perform a sequence of processing steps corresponding to the same as recited in claims 2-8, and are non-patentable over the prior art for the same reason as previously indicated.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Samuelsson (WO 2021112037 A1) teaches video coding system that performs signaling temporal sublayer information.
Wang (WO 2021061454 A1) teaches a video coding system that disallows unnecessary layers in multi-layer video coding.
Filippov (WO 2020256601 A2) teaches a video coding system that performs picture-level signaling.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALBERT KIR whose telephone number is (571)272-6245. The examiner can normally be reached Monday - Friday, 8:30am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jay Patel can be reached at (571) 272-2988. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALBERT KIR/Primary Examiner, Art Unit 2485
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