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 .
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 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 10 and 12 of U.S. Patent No. 12,375,721 in view of Sun et al., (U.S. Pub. No. 2020/0213591 A1).
Instant Application No. 19/251,718
U.S. Patent No. 12375721
1. An image decoding apparatus comprising: a memory; and at last one processor connected to the memory, the at least one processor configured to: determine a prediction mode of a current block; obtain information representing whether a merge mode is applied to the current block based on the prediction mode of the current block being an intra block copy (IBC) prediction mode; generate a prediction block of the current block based on the obtained information; determine a size of a transform block of the current block based on a color component of the current block; generate a residual block based on the size of the transform block; and reconstruct the current block based on the prediction block and the residual block of the current block, wherein a maximum width and a maximum height of the transform block are separately determined based on the color component of the current block, wherein the current block is a chroma block, and wherein, based on the transform block being split into a plurality of lower-layer transform blocks, a top-left position of the lower-layer transform blocks is determined based on the maximum width and the maximum height of the transform block.
1. An image decoding method performed by an image decoding apparatus, the image decoding method comprising: determining a prediction mode of a current block; obtaining information representing whether a merge mode is applied to the current block based on the prediction mode of the current block being an IBC prediction mode; generating a prediction block of the current block based on the obtained information; determining a size of a transform block of the current block based on a color component of the current block; generating a residual block of the current block based on the size of the transform block; and reconstructing the current block based on the prediction block and he residual block of the current block, wherein a maximum width and a maximum height of the transform block are separately determined based on the color component of the current block, wherein the current block is a chroma block, and wherein, based on the transform block being split into a plurality of lower-layer transform blocks, a top-left position of the lower-layer transform blocks is determined based on the maximum width and the maximum height of the transform block.
Although U.S. Patent No. 12375721 does not specify a memory and at least one processor connected to the memory, Sun teaches the known concept of a memory ([0084-0085]) and at least one processor connected the memory ([0084-0085]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Kang with the invention as recited in claim 1 in order to provide improved and efficient image coding.
Claim(s) 2-3 correspond to claims 10 and 12 and are rejection for same reasons set forth for claim 1.
Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 10 and 12 of U.S. Patent No. 12,058,375 in view of Sun et al., (U.S. Pub. No. 2020/0213591 A1.
Instant Application No. 19/251,718
U.S. Patent No. 12058375 B2
1. An image decoding apparatus comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to: determine a prediction mode of a current block; obtain information representing whether a merge mode is applied to the current block based on the prediction mode of the current block being an intra block copy (IBC) prediction mode; generate a prediction block of the current block based on the obtained information; determine a size of a transform block of the current block based on a color component of the current block; generate a residual block of the current block based on the size of the transform block; and reconstruct the current block based on the prediction block and the residual block of the current block, wherein a maximum width and a maximum height of the transform block are separately determined based on the color component of the current block, wherein the current block is a chroma block, and wherein, based on the transform block being split into a plurality of lower-layer transform blocks, a top-left position of the lower-layer transform blocks is determined based on the maximum width and a maximum height of the transform block.
1. An image decoding method performed by an image decoding apparatus, the image decoding method comprising: determining a prediction mode of a current block; generating a prediction block of the current block based on intra block copy (IBC) prediction mode information, based on the prediction mode of the current block being an IBC prediction mode; determining a size of a transform block of the current block based on a color component of the current block; generating a residual block of the current block based on the size of the transform block; and reconstructing the current block based on the prediction block and the residual block of the current block, wherein the current block is a chroma block, and wherein, based on the transform block being split into a plurality of lower-layer transform blocks, a top-left position of the lower-layer transform blocks is determined based on a maximum width and a maximum height of the transform block.
Although U.S. Patent No. 12058375 does not specify a memory and at least one processor connected to the memory, Sun teaches the known concept of a memory ([0084-0085]) and at least one processor connected the memory ([0084-0085]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Kang with the invention as recited in claim 1 for the benefit of providing improved and efficient image coding.
Claim(s) 2-3 correspond to claims 10 and 12 and are rejection for same reasons set forth for claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Zheng et al., (U.S. Pub. No. 2016/0219308 A1), “Method and Apparatus for Obtaining Size Of Transform Block”
Joshi et al., (U.S. Pub. No. 204/0092965 A1), “Intra-Coding For 4:2:2 Sample Format in Video Coding”
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA PRINCE whose telephone number is (571)270-1821. The examiner can normally be reached M-F 7:30-3:30 P.M..
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JESSICA PRINCE
Examiner
Art Unit 2486
/JESSICA M PRINCE/ Primary Examiner, Art Unit 2486
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