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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/12/2025 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 § 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).
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Claims 1-5 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 12,375,723. 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 the different embodiments (encoder, decoder, encoding method, decoding method) with substantially the same limitations, and the addition of an additional, but only conditionally included syntax element. As such, one having ordinary skill in the art before the effective filing date would determine these differences as not patentably distinct.
Application No. 19/236,262
U.S. Patent No. 12,375,723
Claim 1
Claim 1
A device comprising one or more processors
configured to:
A method of decoding picture information for decoding video data, the method comprising:
receive a picture header syntax structure, wherein:
receiving picture header syntax structure, wherein
(i) the picture header syntax structure is
conditionally included in a slice header syntax
structure based on a value of a first flag,
(i) the picture header syntax structure is conditionally included in a slice header syntax structure based on a value of a flag,
(ii) the picture header syntax structure is
distinct from a slice header syntax structure such that when the picture header syntax structure is not included in the slice header syntax structure, the picture header syntax structure is included in a non-video coding layer network abstraction layer unit (non-VCL NAL unit), wherein a value of a TemporalId for the non-VCL NAL unit, shall be equal to the TemporalId for VCL NAL units of a
current picture,
(ii) the picture header syntax structure is
distinct from a slice header syntax structure such that when the picture header syntax structure is not included in the slice header syntax structure, the picture header syntax structure is included in a non-video coding layer network abstraction layer unit
(iii) syntax elements included in the picture
header syntax structure are distinct from syntax
elements included in a picture parameter set syntax structure,
(iii) syntax elements included in the picture
header syntax structure are distinct from syntax elements included in a picture parameter set syntax structure
(iv) the picture header syntax structure includes:
(iv) the picture header syntax structure includes:
a first syntax element specifying a value of
a picture parameter set identifier for a picture
parameter set in use,
a first syntax element specifying a value of a picture parameter set identifier for a picture parameter set in use
a second syntax element specifying whether
the current picture is never used as a reference
picture, and
a second syntax element specifying whether a current picture is never used as a reference picture, and
a third syntax element specifying a picture order count least significant bits information for
the current picture, and (v) the picture header syntax structure
conditionally includes based on a value of a second flag: a fourth syntax element affecting a decoded picture output and removal processes.
a third syntax element specifying a picture order count least significant bits information for
the current picture.
Claim 2
Claim 3
wherein the device is a video decoder
wherein the device is a video decoder.
Claim 3
Claim 1
A device comprising one or more processors
configured to:
A method of decoding picture information for decoding video data, the method comprising:
send a picture header syntax structure, wherein:
receiving picture header syntax structure, wherein
(i) the picture header syntax structure is
conditionally included in a slice header syntax structure based on a value of a first flag,
(i) the picture header syntax structure is conditionally included in a slice header syntax structure based on a value of a flag,
(ii) the picture header syntax structure is
distinct from a slice header syntax structure such that when the picture header syntax structure is not included in the slice header syntax structure, the picture header syntax structure is included in a non-video coding layer network abstraction layer unit (non-VCL NAL unit), wherein a value of a TemporalId for the non-VCL NAL unit, shall be equal to the TemporalId for VCL NAL units of a current picture,
(ii) the picture header syntax structure is
distinct from a slice header syntax structure such that when the picture header syntax structure is not included in the slice header syntax structure, the picture header syntax structure is included in a non-video coding layer network abstraction layer unit
(iii) syntax elements included in the picture
header syntax structure are distinct from syntax
elements included in a picture parameter set syntax structure
(iii) syntax elements included in the picture
header syntax structure are distinct from syntax elements included in a picture parameter set syntax structure
(iv) the picture header syntax structure includes:
(iv) the picture header syntax structure includes:
a first syntax element specifying a value of
a picture parameter set identifier for a picture
parameter set in use,
a first syntax element specifying a value of a picture parameter set identifier for a picture parameter set in use
a second syntax element specifying whether the current picture is never used as a reference
picture, and
a second syntax element specifying whether a current picture is never used as a reference picture, and
a third syntax element specifying a picture
order count least significant bits information for
the current picture, and (v) the picture header syntax structure conditionally includes based on a value of a second flag: a fourth syntax element affecting a decoded picture output and removal processes.
a third syntax element specifying a picture order count least significant bits information for
the current picture.
Claim 4
Claim 3
wherein the device is a video encoder
wherein the device is a video decoder.
Claim 5
Claim 1
A non-transitory computer readable medium storing a program causing a processor to implement:
A method of decoding picture information for decoding video data, the method comprising:
receiving a picture header syntax structure,
wherein
receiving picture header syntax structure, wherein
(i) the picture header syntax structure is
conditionally included in a slice header syntax structure based on a value of a first flag,
(i) the picture header syntax structure is conditionally included in a slice header syntax structure based on a value of a flag,
(ii) the picture header syntax structure is
distinct from a slice header syntax structure such
that when the picture header syntax structure is
not included in the slice header syntax structure, the picture header syntax structure is included in
a non-video coding layer network abstraction layer
unit (non-VCL NAL unit), wherein a value of a
TemporalId for the non-VCL NAL unit, shall be equal to the TemporalId for VCL NAL units of a current picture,
(ii) the picture header syntax structure is
distinct from a slice header syntax structure such that when the picture header syntax structure is not included in the slice header syntax structure, the picture header syntax structure is included in a non-video coding layer network abstraction layer unit
(iii) syntax elements included in the
picture header syntax structure are distinct from
syntax elements included in a picture parameter
set syntax structure
(iii) syntax elements included in the picture
header syntax structure are distinct from syntax elements included in a picture parameter set syntax structure
(iv) the picture header syntax structure
includes
(iv) the picture header syntax structure includes:
a first syntax element specifying a value of a picture parameter set identifier for a picture parameter set in use,
a first syntax element specifying a value of a picture parameter set identifier for a picture parameter set in use
a second syntax element specifying whether
the current picture is never used as a reference
picture, and
a second syntax element specifying whether a current picture is never used as a reference picture, and
a third syntax element specifying a picture order count least significant bits information for the current picture, and (v) the picture header syntax structure conditionally includes based on a value of a second flag a fourth syntax element affecting a decoded picture output and removal processes.
a third syntax element specifying a picture order count least significant bits information for
the current picture.
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).
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 the picture header syntax structure is conditionally included in a slice header syntax structure based on a value of a flag, the picture header syntax structure is distinct from a slice header syntax structure such that when the picture header syntax structure is not included in the slice header syntax structure, the picture header syntax structure is included in a non-video coding layer network abstraction layer unit, and syntax elements included in the picture header syntax structure are distinct from syntax elements included in a picture parameter set syntax structure.
The closest prior art of reference, Hannuksela et al. (U.S. Publication No. 2013/0114742), discloses decoding a picture that contains slices and syntax allowing many instances of parameter sets, syntax elements defining pic_parameter_set_id identifiers in a PPS syntax structure, decoding from a bitstream an indication from a syntax element, said indication indicative of a picture to be used as reference picture in decoding; and noting decoding at least one of said indication and said instruction from a picture parameter set for decoding. However, Hannuksela does not expressly disclose that the picture header syntax structure is conditionally included in a slice header syntax structure based on a value of a flag, the picture header syntax structure is distinct from a slice header syntax structure such that when the picture header syntax structure is not included in the slice header syntax structure, the picture header syntax structure is included in a non-video coding layer network abstraction layer unit, and syntax elements included in the picture header syntax structure are distinct from syntax elements included in a picture parameter set syntax structure.
The next closest prior art of reference, Wang et al. (U.S. Publication No. 2013/0142257), discloses that coded slices may include a slice header and slice data. The slice header may contain syntax elements pertaining to a slice. The syntax elements in the slice header may include a syntax element that identifies a picture parameter set associated with a picture that contains the slice, and discloses that a video decoder may determine a number of bits used to represent one or more least significant bits of the picture order count value that identifies a long - term reference picture to be used when decoding the current picture. Often, the video decoder may determine the number of bits from a syntax element specified in one or more of a slice header, picture parameter set or Sequence parameter set; and noting the number of LSBs may be signaled for each picture, e.g., in the slice header. In some instances, the number of LSBs may be signaled for a number of pictures, e.g., in the SPS or PPS. However, Wang does not expressly disclose that the picture header syntax structure is conditionally included in a slice header syntax structure based on a value of a flag, the picture header syntax structure is distinct from a slice header syntax structure such that when the picture header syntax structure is not included in the slice header syntax structure, the picture header syntax structure is included in a non- video coding layer network abstraction layer unit, and syntax elements included in the picture header syntax structure are distinct from syntax elements included in a picture parameter set syntax structure.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled "Comments on Statement of Reasons for Allowance."
Conclusion
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/TYLER B. EDWARDS/
Examiner
Art Unit 2488
/SATH V PERUNGAVOOR/Supervisory Patent Examiner, Art Unit 2488
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