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.
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 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 12,363,291 in view of US 2017/0272757 A1 (“Xu”). 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. 12,363,291
Instant Application: 19/236684
Note: underlined fonts mean differences in instant application
1. A method of decoding an image, the method comprising:
1. A method of decoding an image, the method comprising:
deriving an intra prediction mode for a current block;
deriving an intra prediction mode for a current block;
deriving a reference sample for the current block;
deriving a reference sample for the current block;
obtaining prediction samples of the current block by using the intra prediction mode and the derived reference sample; and
obtaining prediction samples of the current block by using the intra prediction mode and the derived reference sample;
obtaining residual samples of the current block; and
generating reconstructed samples of the current block based on the prediction samples of the current block,
generating reconstructed samples of the current block based on the prediction samples of the current block and the residual samples of the current block,
wherein the reference sample is included in a reference sample line,
wherein the reference sample is included in a reference sample line,
wherein the reference sample line is derived by selecting one reference sample line among a plurality of neighboring reference sample lines of the current block based on a position of the current block within a coding tree block,
wherein the reference sample line is derived by selecting one reference sample line among a plurality of neighboring reference sample lines of the current block based on a position of the current block within a coding tree block,
wherein when an upper boundary of the current block, partitioned from the coding tree block, corresponds to an upper boundary of the coding tree block, the reference sample line is derived by selecting a reference sample line closest to the current block,
wherein when an upper boundary of the current block, partitioned from the coding tree block, corresponds to an upper boundary of the coding tree block, the reference sample line is derived by selecting a reference sample line closest to the current block,
wherein the reference sample is derived by performing filtering samples of the selected reference sample line only when the selected reference sample line is the reference sample line closest to the current block among the plurality of neighboring reference sample lines, and
wherein the reference sample is derived by performing filtering samples of the selected reference sample line only when the selected reference sample line is the reference sample line closest to the current block among the plurality of neighboring reference sample lines, and
wherein the filtering is performed only using the reference sample of the reference sample line closest to the current block.
wherein the filtering is performed only using the reference sample of the reference sample line closest to the current block.
Although the Patent claims “obtaining prediction samples of the current block by using the intra prediction mode and the derived reference sample; and generating reconstructed samples of the current block based on the prediction samples of the current block”, it does not specifically claim “obtaining residual samples of the current block; and generating reconstructed samples of the current block based on the residual samples of the current block”. Xu however, teaches obtaining residual samples of the current block (e.g. see residue decoder 544 generate residual portion of the current block according to the residue information from the decoding controller 516 in Fig. 5, paragraphs [0076]-[0077]); and generating reconstructed samples of the current block based on the residual samples of the current block (e.g. see adder 542 using residual from residual decoder 544 and prediction from intra prediction module 512 to output frames 504 via output filter 546, e.g. see at least paragraphs [0076]-[0077]).
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 Xu in order to generate a decoded image for outputting frames and using as reference.
Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 8-9 of U.S. Patent No. 11,909,961 in view of US 2017/0272757 A1 (“Xu”). 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. 11,909,961
Instant Application: 19/236684
Note: underlined fonts mean differences in instant application
1. A method of decoding an image, the method comprising:
1. A method of decoding an image, the method comprising:
deriving an intra prediction mode for a current block;
deriving an intra prediction mode for a current block;
deriving a reference sample for the current block; and
deriving a reference sample for the current block;
performing intra prediction on the current block by using the derived reference sample,
obtaining prediction samples of the current block by using the intra prediction mode and the derived reference sample;
obtaining residual samples of the current block; and
generating reconstructed samples of the current block based on the prediction samples of the current block and the residual samples of the current block,
wherein the reference sample is included in a reference sample line,
wherein the reference sample is included in a reference sample line,
wherein the reference sample line is derived by selecting one reference sample line among a plurality of neighboring reference sample lines of the current block based on a position of the current block within a coding tree block,
wherein the reference sample line is derived by selecting one reference sample line among a plurality of neighboring reference sample lines of the current block based on a position of the current block within a coding tree block,
wherein when an upper boundary of the current block, partitioned from the coding tree block, corresponds to an upper boundary of the coding tree block, the reference sample line is derived by selecting a reference sample line closest to the current block,
wherein when an upper boundary of the current block, partitioned from the coding tree block, corresponds to an upper boundary of the coding tree block, the reference sample line is derived by selecting a reference sample line closest to the current block,
wherein the reference sample is derived by performing filtering samples of the selected reference sample line only when the selected reference sample line is the reference sample line closest to the current block among the plurality of neighboring reference sample lines, and
wherein the reference sample is derived by performing filtering samples of the selected reference sample line only when the selected reference sample line is the reference sample line closest to the current block among the plurality of neighboring reference sample lines, and
wherein the filtering is performed only using the reference sample of the reference sample line closest to the current block.
wherein the filtering is performed only using the reference sample of the reference sample line closest to the current block.
Although the Patent claims “performing intra prediction on the current block by using the derived reference sample”, it does not specifically claim “obtaining residual samples of the current block; and generating reconstructed samples of the current block based on the prediction samples of the current block and the residual samples of the current block”. Xu however, teaches obtaining residual samples of the current block (e.g. see residue decoder 544 generate residual portion of the current block according to the residue information from the decoding controller 516 in Fig. 5, paragraphs [0076]-[0077]); and generating reconstructed samples of the current block based on the prediction samples of the current block and the residual samples of the current block (e.g. see adder 542 using residual from residual decoder 544 and prediction from intra prediction module 512 to output frames 504 via output filter 546, e.g. see at least paragraphs [0076]-[0077]).
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 Xu in order to generate a decoded image for outputting frames and using as reference.
Conclusion
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.
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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.
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/Francis Geroleo/Primary Examiner, Art Unit 3619
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