Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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.
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Claims rejected on the ground of nonstatutory double patenting as being unpatentable over claims identified in the tables below of U.S. Patent No. 9060174, 9369722, 10104377, 11178400, 12368862. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Current
US 9060174 B2
21. (and 2 and 12 under similar/complementary rationales) A method for decoding by a decoder a coded video picture, the method comprising: obtaining a first slice and a second slice of the coded video picture, wherein the first slice and the second slice are divided by at least one slice boundary, wherein at least the first slice is divided by a tile boundary to belong to two tiles,
and obtaining, from the coded video picture, a parameter set including a first flag for controlling a sample adaptive offset operation across the tile boundary; determining whether to apply the sample adaptive offset operation across the tile boundary according to the first flag; obtaining, from the coded video picture, a slice header including a second flag for controlling a sample adaptive offset operation across the at least one slice boundary; and determining whether to apply the sample adaptive offset operation across the at least one slice boundary according to the second flag.
3-10 similar to 13-20 respectively
3. (New) The method of claim 2, wherein the second slice is spatially encompassed within a single tile of the coded picture.
4. (New) The method of claim 2, wherein the sample adaptive offset operation across the at least one slice boundary is disabled across the at least one slice boundary in response to the second flag, and the sample adaptive offset operation across the tile boundary is enabled in response to the first flag.
5. (New) The method of claim 2, further comprising: determining that the sample adaptive offset operation is to be applied across the tile boundary; and in response to determining that the sample adaptive offset operation is to be applied across the tile boundary, generating the parameter set including the first flag.
6. (New) The method of claim 2, further comprising: determining that the sample adaptive offset operation is not to be applied across the tile boundary; and in response to determining that the sample adaptive offset operation is not to be applied across the tile boundary, generating the parameter set including the first flag.
7. (New) The method of claim 2, further comprising: determining that the sample adaptive offset operation is to be applied across the at least one slice boundary; and in response to determining that the sample adaptive offset operation is to be applied across the at least one slice boundary, generating the slice header including the second flag.
8. (New) The method of claim 2, further comprising: determining that the sample adaptive offset operation is not to be applied across the at least one slice boundary; and in response to determining that the sample adaptive offset operation is not to be applied across the at least one slice boundary, generating the slice header including the second flag.
9. (New) The method of claim 2, wherein the slice header is associated with the first slice and a different slice header is associated with the second slice.
10. (New) The method of claim 2, wherein the parameter set is a picture parameter set.
11. (New) The method of claim 2, wherein the parameter set is a sequence parameter set.
1. A method for decoding by a decoder a coded video picture, the method comprising: obtaining a first slice and a second slice of the coded video picture, wherein the first slice and the second slice are divided by at least one slice boundary, wherein at least the first slice is divided by a tile boundary to belong to two tiles, and wherein the two tiles do not have associated tile headers;
obtaining, from the coded video picture, a parameter set including a first flag for controlling a sample adaptive offset operation across the tile boundary; determining whether to apply the sample adaptive offset operation across the tile boundary according to the first flag; obtaining, from the coded video picture, a slice header including a second flag for controlling a sample adaptive offset operation across the at least one slice boundary; and determining whether to apply the sample adaptive offset operation across the at least one slice boundary according to the second flag.
2. The method of claim 1, wherein the second slice is spatially encompassed within a single tile of the coded video picture.
3. The method of claim 1, wherein the sample adaptive offset operation across the at least one slice boundary is disabled across the at least one slice boundary in response to the second flag, and the sample adaptive offset operation across the tile boundary is enabled in response to the first flag.
4. The method of claim 1, wherein determining whether to apply the sample adaptive offset operation across the tile boundary according to the first flag comprises: determining that the parameter set includes the first flag; and in response to determining that the parameter set includes the first flag, applying the sample adaptive offset operation across the tile boundary.
5. The method of claim 1, wherein determining whether to apply the sample adaptive offset operation across the tile boundary according to the first flag comprises: determining that the parameter set includes the first flag; and in response to determining that the parameter set includes the first flag, disabling the sample adaptive offset operation across the tile boundary.
6. The method of claim 1, wherein determining whether to apply the sample adaptive offset operation across the at least one slice boundary according to the second flag comprises: determining that the slice header includes the second flag; and in response to determining that the slice header includes the second flag, applying the sample adaptive offset operation across the at least one slice boundary.
7. The method of claim 1, wherein determining whether to apply the sample adaptive offset operation across the at least one slice boundary according to the second flag comprises: determining that the slice header includes the second flag; and in response to determining that the slice header includes the second flag, disabling the sample adaptive offset operation across the at least one slice boundary.
8. The method of claim 1, wherein the slice header is associated with the first slice and a different slice header is associated with the second slice.
9. The method of claim 1, wherein the parameter set is a picture parameter set.
10. The method of claim 1, wherein the parameter set is a sequence parameter set.
current
US 9369722 B2
21. (and 2 and 12 under similar/complementary rationales) A method for decoding by a decoder a coded video picture, the method comprising:
obtaining a first slice and a second slice of the coded video picture, wherein the first slice and the second slice are divided by at least one slice boundary, wherein at least the first slice is divided by a tile boundary to belong to two tiles, and obtaining, from the coded video picture, a parameter set including a first flag for controlling a sample adaptive offset operation across the tile boundary; determining whether to apply the sample adaptive offset operation across the tile boundary according to the first flag; obtaining, from the coded video picture, a slice header including a second flag for controlling a sample adaptive offset operation across the at least one slice boundary; and determining whether to apply the sample adaptive offset operation across the at least one slice boundary according to the second flag.
3-10 similar to 13-20 respectively
3. (New) The method of claim 2, wherein the second slice is spatially encompassed within a single tile of the coded picture.
4. (New) The method of claim 2, wherein the sample adaptive offset operation across the at least one slice boundary is disabled across the at least one slice boundary in response to the second flag, and the sample adaptive offset operation across the tile boundary is enabled in response to the first flag.
9. (New) The method of claim 2, wherein the slice header is associated with the first slice and a different slice header is associated with the second slice.
10. (New) The method of claim 2, wherein the parameter set is a picture parameter set.
11. (New) The method of claim 2, wherein the parameter set is a sequence parameter set.
21. …by a decoder…
1. An apparatus comprising a non-transitory computer-readable medium for storing data accessible by a decoder, the computer-readable medium comprising: a bitstream stored in the computer-readable medium, the bitstream including data representing: a first slice and a second slice of a coded video picture, wherein the first slice and the second slice are divided by at least one slice boundary, wherein at least the first slice is divided by a tile boundary to belong to two tiles, and wherein the two tiles do not have tile headers; a parameter set including a first flag that enables the decoder to determine whether to apply a sample adaptive offset operation across the tile boundary; and a slice header of the coded video picture including a second flag that enables the decoder to determine whether to apply a sample adaptive offset operation across the at least one slice boundary.
2. The apparatus of claim 1, wherein the second slice is spatially encompassed within a single tile of the coded video picture.
3. The apparatus of claim 1, wherein the sample adaptive offset operation across the at least one slice boundary is disabled across the at least one slice boundary in response to the second flag, and the sample adaptive offset operation across the tile boundary is enabled in response to the first flag.
4. The apparatus of claim 1, wherein the slice header is associated with the first slice and a different slice header is associated with the second slice.
5. The apparatus of claim 1, wherein the parameter set is a picture parameter set.
6. The apparatus of claim 1, wherein the parameter set is a sequence parameter set.
9. The apparatus of claim 1, comprising the decoder.
current
US 10104377 B2
21. (and 2 and 12 under similar/complementary rationales) A method for decoding by a decoder a coded video picture, the method comprising: obtaining a first slice and a second slice of the coded video picture, wherein the first slice and the second slice are divided by at least one slice boundary, wherein at least the first slice is divided by a tile boundary to belong to two tiles,
and obtaining, from the coded video picture, a parameter set including a first flag for controlling a sample adaptive offset operation across the tile boundary; determining whether to apply the sample adaptive offset operation across the tile boundary according to the first flag; obtaining, from the coded video picture, a slice header including a second flag for controlling a sample adaptive offset operation across the at least one slice boundary;
and determining whether to apply the sample adaptive offset operation across the at least one slice boundary according to the second flag.
1. A method for decoding by a decoder a coded video picture, the method comprising: obtaining a first slice and a second slice of the coded video picture, wherein the first slice and the second slice are divided by at least one slice boundary between the first slice and the second slice, wherein at least the first slice is divided by a tile boundary to belong to two tiles, wherein the slice boundary is different from the tile boundary, and wherein the two tiles do not have associated tile headers; receiving an NAL unit and determining a type of the NAL unit; if the NAL unit is a parameter set NAL unit, obtaining a parameter set including a first flag for controlling a sample adaptive offset filter operation across the tile boundary; determining whether to apply the sample adaptive offset filter operation across the tile boundary according to the first flag; obtaining, from the coded video picture, a slice header including a second flag for controlling a sample adaptive offset filter operation across the at least one slice boundary, wherein the first flag is different from the second flag; and determining whether to apply the sample adaptive offset filter operation across the at least one slice boundary according to the second flag.
current
US 11178400 B2
21. (and 2 and 12 under similar/complementary rationales) A method for decoding by a decoder a coded video picture, the method comprising: obtaining a first slice and a second slice of the coded video picture, wherein the first slice and the second slice are divided by at least one slice boundary, wherein at least the first slice is divided by a tile boundary to belong to two tiles,
and obtaining, from the coded video picture, a parameter set including a first flag for controlling a sample adaptive offset operation across the tile boundary; determining whether to apply the sample adaptive offset operation across the tile boundary according to the first flag; obtaining, from the coded video picture, a slice header including a second flag for controlling a sample adaptive offset operation across the at least one slice boundary; and determining whether to apply the sample adaptive offset operation across the at least one slice boundary according to the second flag.
1. A method for decoding by a decoder a coded video picture, the method comprising: obtaining a first slice and a second slice of the coded video picture, wherein the first slice and the second slice are divided by at least one slice boundary, wherein at least the first slice is divided by a tile boundary to include two tiles, and wherein the two tiles do not have an associated tile header; obtaining, from the coded video picture, a parameter set including a first flag for controlling a sample adaptive offset filtering operation across the tile boundary; obtaining, from the coded video picture, a slice header including a second flag for controlling a sample adaptive offset filtering operation across the at least one slice boundary, wherein the first flag is different from the second flag; correlating information included in the parameter set with information included in the slice header; and determining, based at least on the correlation, whether to apply at least one of the sample adaptive offset filtering operation across the tile boundary according to the first flag, or the sample adaptive offset filtering operation across the at least one slice boundary according to the second flag.
current
US 12368862 B2
21. (and 2 and 12 under similar/complementary rationales) A method for decoding by a decoder a coded video picture, the method comprising:
obtaining a first slice and a second slice of the coded video picture, wherein the first slice and the second slice are divided by at least one slice boundary, wherein at least the first slice is divided by a tile boundary to belong to two tiles, and obtaining, from the coded video picture, a parameter set including a first flag for controlling a sample adaptive offset operation across the tile boundary; determining whether to apply the sample adaptive offset operation across the tile boundary according to the first flag; obtaining, from the coded video picture, a slice header including a second flag for controlling a sample adaptive offset operation across the at least one slice boundary; and determining whether to apply the sample adaptive offset operation across the at least one slice boundary according to the second flag.
3-10 similar to 13-20 respectively
3. (New) The method of claim 2, wherein the second slice is spatially encompassed within a single tile of the coded picture.
4. (New) The method of claim 2, wherein the sample adaptive offset operation across the at least one slice boundary is disabled across the at least one slice boundary in response to the second flag, and the sample adaptive offset operation across the tile boundary is enabled in response to the first flag.
9. (New) The method of claim 2, wherein the slice header is associated with the first slice and a different slice header is associated with the second slice.
10. (New) The method of claim 2, wherein the parameter set is a picture parameter set.
11. (New) The method of claim 2, wherein the parameter set is a sequence parameter set.
21. …by a decoder…
1. An apparatus comprising a non-transitory computer-readable medium for storing data accessible by a decoder, the computer-readable medium comprising: a bitstream stored in the computer-readable medium, the bitstream including data representing: a first slice and a second slice of a coded video picture, wherein the first slice and the second slice are divided by at least one slice boundary, wherein at least the first slice is divided by a tile boundary to belong to two tiles, and wherein the two tiles do not have tile headers; a parameter set including a first flag that enables the decoder to determine whether to apply a sample adaptive offset operation across the tile boundary, wherein the parameter set comprises tile boundary information for identifying the tile boundary; and a slice header of the coded video picture including a second flag that enables the decoder to determine whether to apply a sample adaptive offset operation across the at least one slice boundary.
2. The apparatus of claim 1, wherein the second slice is spatially encompassed within a single tile of the coded video picture.
3. The apparatus of claim 1, wherein the sample adaptive offset operation across the at least one slice boundary is disabled across the at least one slice boundary in response to the second flag, and the sample adaptive offset operation across the tile boundary is enabled in response to the first flag.
4. The apparatus of claim 1, wherein the slice header is associated with the first slice and a different slice header is associated with the second slice.
5. The apparatus of claim 1, wherein the parameter set is a picture parameter set.
6. The apparatus of claim 1, wherein the parameter set is a sequence parameter set.
8. The apparatus of claim 1, comprising the decoder.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of pre-AIA 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 12-20 is/are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Raveendran US 2009/0323809.
In regard to claim 12-20, it is directed to a non-transitory computer-readable medium having stored therein a bitstream generated by acts. Significantly, the claimed non-transitory computer readable medium is NOT implementing any actual method; no instructions/steps are being executed. Instead, the claimed storage medium merely stores the data output from and/or generated by a series of acts. In other words, these claims are directed to a mere machine-readable medium storing data content (a bitstream generated by a method).
Applicant therefore seeks to patent the storage of a bitstream in the abstract. In other words, the claim seeks to patent the content of the information (bitstream comprising video information) and not the process itself. Moreover, this stored bitstream does not impose any definitive physical organization on the data as there is no functional relationship between the bitstream and the storage medium. In conclusion, the identified claim and any claims depending therefrom are directed to mere data content (bitstream generated by a series of acts) stored as a bitstream on a computer-readable storage medium. Under MPEP 2111.05(III), such claims are merely machine-readable media. Furthermore, the Examiner found and continues to find that there is no disclosed or claimed functional relationship between the stored data and medium. Instead, the medium is merely a support or carrier for the data being stored. Therefore, the data stored and the way such data is generated should not be given patentable weight. See MPEP 2111.05 applying In re Lowry, 32 F.3d 1579, 1583-84, 32 USPQ2d 1031, 1035 (Fed. Cir. 1994) and In re Ngai, 367 F.3d 1336, 70 USPQ2d 1862 (Fed. Cir. 2004). As such, this claim is subject to a prior art rejection based on any non-transitory computer readable medium known before the earliest effective filing date of the present application. Therefore, the claim is anticipated by
Raveendran, which discloses
a non-transitory computer readable storage medium having stored therein a bitstream comprising video information generated by acts (Fig. 1; 0031-3)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH W BECKER whose telephone number is (571)270-7301. The examiner can normally be reached flexible usually 10-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph G Ustaris can be reached at 5712727383. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH W BECKER/Examiner, Art Unit 2483
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