DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
2. 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).
3. 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).
4. 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.
5. 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.
6. Claims 1-9 of the instant application is rejected on the ground of nonstatutory double patenting as being unpatentable over patented claims 1-10 of U.S. Patent No. 12363333. Although the claims at issue are not identical, they are not patentably distinct from each other because they claim the same scope of the invention using different variations, see below;
19/239470
US 12363333
1. An image decoding apparatus comprising:
a memory; and at least one processor connected to the memory, the at least one processor
configured to: obtain, from a bitstream, a first flag specifying whether sublayer level
information is present for each of one or more sublayers in a current layer; and obtain, from the bitstream, the sublayer level information based on the first flag, wherein the first flag is obtained
in a descending order of temporal identifier
values for the one or more sublayers.
6. An image decoding apparatus comprising: a memory; and at least one processor, wherein the at least one processor is configured to: obtain, from a bitstream, a first flag specifying whether sublayer level information is present for each of one or more sublayers in a current layer; and obtain, from the bitstream, the sublayer level information based on the first flag, wherein the first flag is obtained in a descending order of temporal identifier values for the one or more sublayers.
2. The image decoding apparatus of claim 1, wherein the sublayer level information is obtained in the descending order of the temporal identifier values.
2. … wherein the sublayer level information is obtained in the descending order of the temporal identifier values.
3. The image decoding apparatus of claim 1, wherein the first flag and the sublayer level information are obtained based on a maximum number of sublayers in the current layer.
3. … wherein the first flag and the sublayer level information are obtained based on a maximum number of sublayers in the current layer.
4. The image decoding apparatus of claim 1, wherein, based on the first flag specifying that first sublayer level information of a first sublayer in the current layer is not present, obtaining of the first sublayer level information is skipped, and the first sublayer level information is set to the same value as second sublayer level information of a second sublayer having a second temporal identifier value greater than a first temporal identifier value of the first sublayer by 1.
4. … wherein, based on the first flag specifying that first sublayer level information of a first sublayer in the current layer is not present, obtaining of the first sublayer level information is skipped, and the first sublayer level information is set to the same value as second sublayer level information of a second sublayer having a second temporal identifier value greater than a first temporal identifier value of the first sublayer by 1.
5. The image decoding apparatus of claim 1, wherein third sublayer level information of a third sublayer having a largest temporal identifier value among the one or more sublayers is set to the same value as general level index information preset for one or more output layer sets.
5. … wherein third sublayer level information of a third sublayer having a largest temporal identifier value among the one or more sublayers is set to the same value as general level index information preset for one or more output layer sets.
6 . An image encoding apparatus comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to: encode a first flag specifying whether sublayer level information is present for each of one or more sublayers in a current layer; and encode the sublayer level information based on the first flag, wherein the first flag is encoded in a descending order of temporal identifier values for the one or more sublayers.
7. An image encoding method performed by an image encoding apparatus, the image encoding method comprising: encoding a first flag specifying whether sublayer level information is present for each of one or more sublayers in a current layer; and encoding the sublayer level information based on the first flag, wherein the first flag is encoded in a descending order of temporal identifier values for the one or more sublayers.
7. The image encoding apparatus of claim 6, wherein the sublayer level information is encoded in the descending order of the temporal identifier values.
8. … wherein the sublayer level information is encoded in the descending order of the temporal identifier values.
8. The image encoding apparatus of claim 6, wherein the first flag and the sublayer level information are encoded based on a maximum number of sublayers in the current layer.
9. … wherein the first flag and the sublayer level information are encoded based on a maximum number of sublayers in the current layer.
9 . An apparatus for transmitting a bitstream, the apparatus comprising: at least one processor configured to obtain the bitstream generated by an image encoding apparatus; and a transmitter configured to transmit the bitstream; the bitstream is generated by: encoding a first flag specifying whether sublayer level information is present for each of one or more sublayers in a current layer; and encoding the sublayer level information based on the first flag, wherein the first flag is encoded in a descending order of temporal identifier values for the one or more sublayers.
6. … wherein the at least one processor is configured to: obtain, from a bitstream, a first flag specifying whether sublayer level information is present for each of one or more sublayers in a current layer; and obtain, from the bitstream, the sublayer level information based on the first flag, wherein the first flag is obtained in a descending order of temporal identifier values for the one or more sublayers.
In view of the above, allowing claims 1-9 of the instant application would result in an unjustified or improper time-wise extension of the "right to exclude" granted by a patent. See In re
Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Feb. Cir. 1993).
Contact Information
7. Any inquiry concerning this communication or earlier communications from the examiner
should be directed to Behrooz Senfi, whose telephone number is (571)272-7339. The examiner can
normally be reached on Monday-Friday 10:00-6:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a
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If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor,
Christopher Kelley can be reached on 571 272 7331. The fax phone number for the organization where
this application or proceeding is assigned is 571-273-8300.
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/BEHROOZ M SENFI/Primary Examiner, Art Unit 2482
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