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
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,363,283 in view of US 2021/0168398 A1 (“Ahn”). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the application and the patent are substantially similar and obvious variants of one another. For example:
U.S. Patent No. 12,363,283
Instant Application: 19/235127
Note: underlined fonts mean differences in instant application
1. A method of encoding information about a motion information predictor, comprising:
1. A method of encoding information about a motion information predictor, comprising:
selecting one of a plurality of motion information predictor candidates; and
selecting one of a plurality of motion information predictor candidates; and
encoding one of indexes including a first index and a second index for identifying the selected motion information predictor candidate, using Context-based Adaptive Binary Arithmetic Coding (CABAC) coding, wherein the first index is used for a first merge mode in which a block predictor is obtainable from a first block predictor associated with a first region in a block and a second block predictor associated with a second region, different from the first region, in the block, and
the second index is used for a second merge mode, different from the first merge mode, of inter prediction mode,
encoding one of indexes including a first index and a second index for identifying the selected motion information predictor candidate, using Context-based Adaptive Binary Arithmetic Coding (CABAC) coding, wherein the first index is used for a first merge mode in which a block predictor is obtainable from a first block predictor associated with a first region in a block and a second block predictor associated with a second region, different from the first region, in the block, and the second index is used for a second merge mode, different from the first merge mode, of inter prediction mode,
wherein the CABAC coding of a first bit of the first index for the first merge mode uses the same context variable as the CABAC coding of a first bit of the second index for the second merge mode of inter prediction, and wherein all bits, except for the first bit of the first index, of the first index are bypass coded, and all bits, except for the first bit of the second index, of the second index are bypass coded.
wherein the CABAC coding of a first bit of the first index for the first merge mode uses the same context variable as the CABAC coding of a first bit of the second index for the second merge mode of inter prediction, wherein all bits, except for the first bit of the first index, of the first index are bypass coded, and all bits, except for the first bit of the second index, of the second index are bypass coded,
3. The method of claim 1, wherein the second merge mode comprises a Merge mode which uses as a block predictor an average of an intra block predictor and a predictor based on a regular Merge mode.
wherein a block predictor is obtainable by using an average of an intra block predictor and an inter block predictor, based on the second merge mode, and
wherein a spatial merging candidate and a candidate for a temporal prediction are capable of being used for the second merge mode.
Although the Patent claims the second merge mode, it does not specifically claim wherein a spatial merging candidate and a candidate for a temporal prediction are capable of being used for the second merge mode. Ahn however, teaches wherein a spatial merging candidate and a candidate for a temporal prediction are capable of being used for the second merge mode. (e.g. see spatial merge candidate, paragraphs [0152]-[0170]; Figs. 5-7).
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the claims of the Patent with Ahn in order to improve encoding/decoding efficiency.
Claims 1-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 11,856,186 in view of US 2021/0168398 A1 (“Ahn”). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the application and the patent are substantially similar and obvious variants of one another. For example:
U.S. Patent No. 11,856,186
Instant Application: 19/235127
Note: underlined fonts mean differences in instant application
1. A method of encoding information about a motion information predictor, comprising:
1. A method of encoding information about a motion information predictor, comprising:
selecting one of a plurality of motion information predictor candidates; and
selecting one of a plurality of motion information predictor candidates; and
encoding one of indexes including a first index and a second index for identifying the selected motion information predictor candidate, using Context-adaptive binary arithmetic coding (CABAC) coding, wherein the first index is used for a first merge mode by which a block predictor is obtained from a first block predictor and a second block predictor partitioned by a boundary, and the second index is used for a second merge mode, different from the first merge mode, of inter prediction mode,
encoding one of indexes including a first index and a second index for identifying the selected motion information predictor candidate, using Context-based Adaptive Binary Arithmetic Coding (CABAC) coding, wherein the first index is used for a first merge mode in which a block predictor is obtainable from a first block predictor associated with a first region in a block and a second block predictor associated with a second region, different from the first region, in the block, and the second index is used for a second merge mode, different from the first merge mode, of inter prediction mode,
wherein the CABAC coding of a first bit of the first index for the first merge mode uses the same context variable as the CABAC coding of a first bit of the second index for the second merge mode of inter prediction, and wherein all bits, except for the first bit of the first index, of the first index are bypass coded, and all bits, except for the first bit of the second index, of the second index are bypass coded.
wherein the CABAC coding of a first bit of the first index for the first merge mode uses the same context variable as the CABAC coding of a first bit of the second index for the second merge mode of inter prediction, wherein all bits, except for the first bit of the first index, of the first index are bypass coded, and all bits, except for the first bit of the second index, of the second index are bypass coded,
3. The method of claim 1, wherein the second merge mode comprises a Merge mode which uses as a block predictor an average of an intra block predictor and a predictor based on a regular Merge mode.
wherein a block predictor is obtainable by using an average of an intra block predictor and an inter block predictor, based on the second merge mode, and
wherein a spatial merging candidate and a candidate for a temporal prediction are capable of being used for the second merge mode.
Although the Patent claims the second merge mode, it does not specifically claim wherein a spatial merging candidate and a candidate for a temporal prediction are capable of being used for the second merge mode. Ahn however, teaches wherein a spatial merging candidate and a candidate for a temporal prediction are capable of being used for the second merge mode. (e.g. see spatial merge candidate, paragraphs [0152]-[0170]; Figs. 5-7).
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the claims of the Patent with Ahn in order to improve encoding/decoding efficiency.
Claims 1-14 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of copending Application No. 19/234958 in view of in view of US 2021/0168398 A1 (“Ahn”). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the application and the copending application are substantially similar and obvious variants of one another. For example:
Copending Application No. 19/234958
Instant Application: 19/235127
Note: underlined fonts mean differences in instant application
1. A method of encoding information about a motion information predictor, comprising:
1. A method of encoding information about a motion information predictor, comprising:
selecting one of a plurality of motion information predictor candidates; and
selecting one of a plurality of motion information predictor candidates; and
encoding one of indexes including a first index and a second index for identifying the
selected motion information predictor candidate, using Context-based Adaptive Binary Arithmetic Coding (CABAC) coding, wherein the first index is used for a first merge mode in which a block predictor is obtainable from a first block predictor associated with a first region in a block and
a second block predictor associated with a second region, different from the first region, in the block, and the second index is used for a second merge mode, different from the first merge mode, of inter prediction mode,
encoding one of indexes including a first index and a second index for identifying the selected motion information predictor candidate, using Context-based Adaptive Binary Arithmetic Coding (CABAC) coding, wherein the first index is used for a first merge mode in which a block predictor is obtainable from a first block predictor associated with a first region in a block and a second block predictor associated with a second region, different from the first region, in the block, and the second index is used for a second merge mode, different from the first merge mode, of inter prediction mode,
wherein the CABAC coding of a first bit of the first index for the first merge mode uses the same context variable as the CABAC coding of a first bit of the second index for the second merge mode of inter prediction, wherein all bits, except for the first bit of the first index, of the first index are bypass coded, and all bits, except for the first bit of the second index, of the second index are bypass coded,
wherein the CABAC coding of a first bit of the first index for the first merge mode uses the same context variable as the CABAC coding of a first bit of the second index for the second merge mode of inter prediction, wherein all bits, except for the first bit of the first index, of the first index are bypass coded, and all bits, except for the first bit of the second index, of the second index are bypass coded,
wherein a block predictor is obtainable by using an average of an intra block predictor and an inter block predictor, based on the second merge mode, and
wherein a block predictor is obtainable by using an average of an intra block predictor and an inter block predictor, based on the second merge mode, and
wherein a spatial merging candidate and a candidate for a temporal prediction are capable of being used for the second merge mode.
wherein each of the first region and the second region has a shape which is not rectangular.
Although the copending application claims the second merge mode, it does not specifically claim wherein a spatial merging candidate and a candidate for a temporal prediction are capable of being used for the second merge mode. Ahn however, teaches wherein a spatial merging candidate and a candidate for a temporal prediction are capable of being used for the second merge mode. (e.g. see spatial merge candidate, paragraphs [0152]-[0170]; Figs. 5-7).
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the claims of the copending application with Ahn in order to improve encoding/decoding efficiency.
This is a provisional nonstatutory double patenting rejection.
Claims 1-14 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of copending Application No. 19/234986 in view of in view of US 2021/0168398 A1 (“Ahn”). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the application and the copending application are substantially similar and obvious variants of one another. For example:
Copending Application No. 19/234986
Instant Application: 19/235127
Note: underlined fonts mean differences in instant application
1. A method of encoding information about a motion information predictor, comprising:
1. A method of encoding information about a motion information predictor, comprising:
selecting one of a plurality of motion information predictor candidates; and
selecting one of a plurality of motion information predictor candidates; and
encoding one of indexes including a first index and a second index for identifying the selected motion information predictor candidate, using Context-based Adaptive Binary Arithmetic Coding (CABAC) coding, wherein the first index is used for a first merge mode in which a block predictor is obtainable from a first block predictor associated with a first region in a block and a second block predictor associated with a second region, different from the first region, in the block, and the second index is used for a second merge mode, different from the first merge mode, of inter prediction mode,
encoding one of indexes including a first index and a second index for identifying the selected motion information predictor candidate, using Context-based Adaptive Binary Arithmetic Coding (CABAC) coding, wherein the first index is used for a first merge mode in which a block predictor is obtainable from a first block predictor associated with a first region in a block and a second block predictor associated with a second region, different from the first region, in the block, and the second index is used for a second merge mode, different from the first merge mode, of inter prediction mode,
wherein the CABAC coding of a first bit of the first index for the first merge mode uses the same context variable as the CABAC coding of a first bit of the second index for the second merge mode of inter prediction, wherein all bits, except for the first bit of the first index, of the first index are bypass coded, and all bits, except for the first bit of the second index, of the second index are bypass coded,
wherein the CABAC coding of a first bit of the first index for the first merge mode uses the same context variable as the CABAC coding of a first bit of the second index for the second merge mode of inter prediction, wherein all bits, except for the first bit of the first index, of the first index are bypass coded, and all bits, except for the first bit of the second index, of the second index are bypass coded,
wherein a block predictor is obtainable by using an average of an intra block predictor and an inter block predictor, based on the second merge mode, and
wherein a block predictor is obtainable by using an average of an intra block predictor and an inter block predictor, based on the second merge mode, and
wherein a candidate for a temporal prediction is capable of being used for the second merge mode.
wherein a spatial merging candidate and a candidate for a temporal prediction are capable of being used for the second merge mode.
Although the copending application claims wherein a candidate for a temporal prediction is capable of being used for the second merge mode, it does not specifically claim wherein a spatial merging candidate is capable of being used for the second merge mode. Ahn however, teaches wherein a spatial merging candidate is capable of being used for the second merge mode (e.g. see spatial merge candidate, paragraphs [0152]-[0170]; Figs. 5-7).
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the claims of the copending application with Ahn in order to improve encoding/decoding efficiency.
This is a provisional nonstatutory double patenting rejection.
Claims 1-14 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of copending Application No. 19/235009 in view of in view of US 2021/0168398 A1 (“Ahn”). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the application and the copending application are substantially similar and obvious variants of one another. For example:
Copending Application No. 19/235009
Instant Application: 19/235127
Note: underlined fonts mean differences in instant application
1. A method of encoding information about a motion information predictor, comprising:
1. A method of encoding information about a motion information predictor, comprising:
selecting one of a plurality of motion information predictor candidates; and
selecting one of a plurality of motion information predictor candidates; and
encoding one of indexes including a first index and a second index for identifying the selected motion information predictor candidate, using Context-based Adaptive Binary Arithmetic Coding (CABAC) coding, wherein the first index is used for a first merge mode in which a block predictor is obtainable from a first block predictor associated with a first region in a block and a second block predictor associated with a second region, different from the first region, in the block, and the second index is used for a second merge mode, different from the first merge mode, of inter prediction mode,
encoding one of indexes including a first index and a second index for identifying the selected motion information predictor candidate, using Context-based Adaptive Binary Arithmetic Coding (CABAC) coding, wherein the first index is used for a first merge mode in which a block predictor is obtainable from a first block predictor associated with a first region in a block and a second block predictor associated with a second region, different from the first region, in the block, and the second index is used for a second merge mode, different from the first merge mode, of inter prediction mode,
wherein the CABAC coding of a first bit of the first index for the first merge mode uses the same context variable as the CABAC coding of a first bit of the second index for the second merge mode of inter prediction, wherein all bits, except for the first bit of the first index, of the first index are bypass coded, and all bits, except for the first bit of the second index, of the second index are bypass coded,
wherein the CABAC coding of a first bit of the first index for the first merge mode uses the same context variable as the CABAC coding of a first bit of the second index for the second merge mode of inter prediction, wherein all bits, except for the first bit of the first index, of the first index are bypass coded, and all bits, except for the first bit of the second index, of the second index are bypass coded,
wherein a block predictor is obtainable by using an average of an intra block predictor and an inter block predictor, based on the second merge mode, and
wherein a block predictor is obtainable by using an average of an intra block predictor and an inter block predictor, based on the second merge mode, and
wherein a spatial merging candidate is capable of being used for the second merge mode.
wherein a spatial merging candidate and a candidate for a temporal prediction are capable of being used for the second merge mode.
Although the copending application claims wherein a spatial merging candidate is capable of being used for the second merge mode, it does not specifically claim wherein a candidate for a temporal prediction is capable of being used for the second merge mode. Ahn however, teaches claim wherein a candidate for a temporal prediction is capable of being used for the second merge mode (e.g. see spatial merge candidate, paragraphs [0152]-[0170]; Figs. 5-7).
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the claims of the copending application with Ahn in order to improve encoding/decoding efficiency.
This is a provisional nonstatutory double patenting rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zhang et al., US 11159817 B2, discloses conditions for updating LUTs
Zhang et al., US 2021/0006803 A1, discloses side information signaling for inter prediction with geometric partitioning
Wang et al., US 2020/0186799 A1, discloses triangle motion information for video coding
Lin et al., US 2015/0085932 A1, discloses method and apparatus of motion vector derivation for 3D video coding
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANCIS G GEROLEO whose telephone number is (571)270-7206. The examiner can normally be reached on M-F 7:00 am - 3:30 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, Anna M Momper can be reached on (571) 270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Francis Geroleo/Primary Examiner, Art Unit 3619
Prosecution Insights