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 1-4 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of U.S. Patent No.12,058,336. Although the claims at issue are not identical, they are not patentably distinct from each other because it is a well-known technique in the field of video compression, that yields expected results, to have a skip mode being applied to the current block by assigning a value to a corresponding flag.
US Application 19/252,791
US Patent No. 12,058,336
Claim 1: A decoding method performed by a decoding apparatus, the method comprising:
determining a prediction mode of a current block based on information on the prediction mode obtained from a bitstream;
configuring a merge candidate list based on the prediction mode;
deriving motion information of the current block based on the merge candidate list; and
generating prediction samples of the current block based on the motion information,
wherein the bitstream includes a combined inter-picture merge and intra-picture prediction (CIIP) enabled flag representing whether the CIIP is enabled and a skip flag representing whether a skip mode is applied to the current block, and
wherein the determining includes:
obtaining a regular merge flag from the bitstream based on a value of the CIIP enabled flag being equal to 1 and a value of the skip flag being equal to 0, and
determining a regular merge mode as the prediction mode of the current block based on a value of the regular merge flag being equal to 1.
Claim 1: A decoding method performed by a decoding apparatus, the method comprising:
determining a prediction mode of a current block based on information on the prediction mode obtained from a bitstream;
configuring a merge candidate list based on the prediction mode;
deriving motion information of the current block based on the merge candidate list; and
generating prediction samples of the current block based on the motion information,
wherein the bitstream includes information on a combined inter-picture merge and intra-picture prediction (CIIP) enabled flag representing whether a CIIP is enabled, and
wherein the determining includes obtaining a regular merge flag from the bitstream based on the CIIP enabled flag.
Claim 2: An encoding method performed by an encoding apparatus, the method comprising:
determining a prediction mode of a current block as a regular merge mode;
configuring a merge candidate list based on the prediction mode;
deriving motion information of the current block based on the merge candidate list;
deriving prediction samples of the current block based on the motion information;
deriving residual samples based on the prediction samples; and
encoding image information including information on the prediction mode generated based on the prediction mode, and residual information generated based on the residual samples,
wherein the image information includes a combined inter-picture merge and intra-picture prediction (CIIP) enabled flag representing whether the CIIP is enabled and a skip flag representing whether a skip mode is applied to the current block,
wherein the image information includes a regular merge flag based on a value of the CIIP enabled flag being equal to 1 and a value of the skip flag being equal to 0, and
wherein a value of the regular merge flag being equal to 1 represent that the regular merge mode is determined as the prediction mode of the current block.
Claim 2: An encoding method performed by an encoding apparatus, the method comprising:
determining a prediction mode of a current block;
configuring a merge candidate list based on the prediction mode;
deriving motion information of the current block based on the merge candidate list;
deriving prediction samples of the current block based on the motion information;
deriving residual samples based on the prediction samples; and
encoding image information including information on the prediction mode generated based on the prediction mode, and residual information generated based on the residual samples,
wherein the image information includes information on a combined inter-picture merge and intra-picture prediction (CIIP) enabled flag representing whether a CIIP is enabled, and
wherein the image information includes a regular merge flag based on the CIIP enabled flag.
Claim 4: An apparatus for transmitting data for an image, the apparatus comprising:
at least one processor configured to obtain a bitstream for the image, wherein the bitstream is generated based on:
determining a prediction mode of a current block as a regular merge mode;
configuring a merge candidate list based on the prediction mode;
deriving motion information of the current block based on the merge candidate list;
deriving prediction samples of the current block based on the motion information;
deriving residual samples based on the prediction samples; and
generating the bitstream by encoding image information including information on the prediction mode generated based on the prediction mode, and residual information generated based on the residual samples; and
a transmitter configured to transmit the data comprising the bitstream,
wherein the image information includes a combined inter-picture merge and intra-picture prediction (CIIP) enabled flag representing whether the CIIP is enabled and a skip flag representing whether a skip mode is applied to the current block,
wherein the image information includes a regular merge flag based on a value of the CIIP enabled flag being equal to 1 and a value of the skip flag being equal to 0, and
wherein a value of the regular merge flag being equal to 1 represents that the regular merge mode is determined as the prediction mode of the current block.
Claim 4: A transmission method of data for image, the transmission method comprising:
obtaining a bitstream, wherein the bitstream is generated by performing determining a prediction mode of a current block, configuring a merge candidate list based on the prediction mode, deriving motion information of the current block based on the merge candidate list, deriving prediction samples of the current block based on the motion information, deriving residual samples based on the prediction samples and generating the bitstream by encoding image information including information on the prediction mode generated based on the prediction mode, and residual information generated based on the residual samples; and
transmitting the data comprising the bitstream,
wherein the image information includes information on a combined inter-picture merge and intra-picture prediction (CIIP) enabled flag representing whether a CIIP is enabled, and
wherein the image information includes a regular merge flag based on the CIIP enabled flag.
Claims 1-4 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of U.S. Patent No.12,368,861. Although the claims at issue are not identical, they are not patentably distinct from each other because it is a well-known technique in the field of video compression, that yields expected results, to have a skip mode being applied to the current block by assigning a value to a corresponding flag.
US Application 19/252,791
US Patent No. 12,368,861
Claim 1: A decoding method performed by a decoding apparatus, the method comprising:
determining a prediction mode of a current block based on information on the prediction mode obtained from a bitstream;
configuring a merge candidate list based on the prediction mode;
deriving motion information of the current block based on the merge candidate list; and
generating prediction samples of the current block based on the motion information,
wherein the bitstream includes a combined inter-picture merge and intra-picture prediction (CIIP) enabled flag representing whether the CIIP is enabled and a skip flag representing whether a skip mode is applied to the current block, and
wherein the determining includes:
obtaining a regular merge flag from the bitstream based on a value of the CIIP enabled flag being equal to 1 and a value of the skip flag being equal to 0, and
determining a regular merge mode as the prediction mode of the current block based on a value of the regular merge flag being equal to 1.
Claim 1: A decoding apparatus for an image decoding, the 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 based on information on the prediction mode obtained from a bitstream;
configure a merge candidate list based on the prediction mode;
derive motion information of the current block based on the merge candidate list; and
generate prediction samples of the current block based on the motion information,
wherein the bitstream includes information on a combined inter-picture merge and intra-picture prediction (CIIP) enabled flag representing whether the CIIP is enabled, and
wherein the prediction mode of the current block is determined based on obtaining a regular merge flag from the bitstream based on the CIIP enabled flag.
Claim 2: An encoding method performed by an encoding apparatus, the method comprising:
determining a prediction mode of a current block as a regular merge mode;
configuring a merge candidate list based on the prediction mode;
deriving motion information of the current block based on the merge candidate list;
deriving prediction samples of the current block based on the motion information;
deriving residual samples based on the prediction samples; and
encoding image information including information on the prediction mode generated based on the prediction mode, and residual information generated based on the residual samples,
wherein the image information includes a combined inter-picture merge and intra-picture prediction (CIIP) enabled flag representing whether the CIIP is enabled and a skip flag representing whether a skip mode is applied to the current block,
wherein the image information includes a regular merge flag based on a value of the CIIP enabled flag being equal to 1 and a value of the skip flag being equal to 0, and
wherein a value of the regular merge flag being equal to 1 represent that the regular merge mode is determined as the prediction mode of the current block.
Claim 2: An encoding apparatus for an image encoding, the encoding 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;
configure a merge candidate list based on the prediction mode;
derive motion information of the current block based on the merge candidate list;
derive prediction samples of the current block based on the motion information;
derive residual samples based on the prediction samples; and
encode image information including information on the prediction mode generated based on the prediction mode, and residual information generated based on the residual samples,
wherein the image information includes information on a combined inter-picture merge and intra-picture prediction (CIIP) enabled flag representing whether the CIIP is enabled, and
wherein the image information includes a regular merge flag based on the CIIP enabled flag.
Claim 4: An apparatus for transmitting data for an image, the apparatus comprising:
at least one processor configured to obtain a bitstream for the image, wherein the bitstream is generated based on:
determining a prediction mode of a current block as a regular merge mode;
configuring a merge candidate list based on the prediction mode;
deriving motion information of the current block based on the merge candidate list;
deriving prediction samples of the current block based on the motion information;
deriving residual samples based on the prediction samples; and
generating the bitstream by encoding image information including information on the prediction mode generated based on the prediction mode, and residual information generated based on the residual samples; and
a transmitter configured to transmit the data comprising the bitstream,
wherein the image information includes a combined inter-picture merge and intra-picture prediction (CIIP) enabled flag representing whether the CIIP is enabled and a skip flag representing whether a skip mode is applied to the current block,
wherein the image information includes a regular merge flag based on a value of the CIIP enabled flag being equal to 1 and a value of the skip flag being equal to 0, and
wherein a value of the regular merge flag being equal to 1 represents that the regular merge mode is determined as the prediction mode of the current block.
Claim 3: An apparatus for transmitting data for an image, the apparatus comprising:
at least one processor configured to obtain a bitstream for the image, wherein the bitstream is generated based on determining a prediction mode of a current block, configuring a merge candidate list based on the prediction mode, deriving motion information of the current block based on the merge candidate list, deriving prediction samples of the current block based on the motion information, deriving residual samples based on the prediction samples and generating the bitstream by encoding image information including information on the prediction mode generated based on the prediction mode, and residual information generated based on the residual samples; and
a transmitter configured to transmit the data comprising the bitstream,
wherein the image information includes information on a combined inter-picture merge and intra-picture prediction (CIIP) enabled flag representing whether the CIIP is enabled, and
wherein the image information includes a regular merge flag based on the CIIP enabled flag.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 3 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 recites “A non-transitory computer-readable digital storage medium storing a bitstream generated by the encoding method of claim 2”. Claim 3 is directed to a non-transitory medium storing a bitstream of video wherein clauses that appear to describe how the bitstream was generated. These elements or steps are not performed by an intended computer, and the bitstream is not a form of programming that causes functions to be performed by an intended computer. This shows that the computer-readable medium merely serves as support for storing the bitstream and provides no functional relationship between the steps/elements that describe the generation of the bitstream and intended computer system. Therefore, those claim elements are not given patentable weight. Patentable weight is given to data stored on a computer-readable medium when there exists a functional relationship between the data and its associated substrate. See MPEP 2111.05 III. For example, is a claim is drawn to a computer-readable medium containing programming, a functional relationship exists if the programming “performs some function with respect to the computer with which it is associated.” However, if the claim recites that the computer-readable medium merely serves as a storage for information or data that is not meant for being executed, no functional relationship exists and the information or data is not given patentable weight. The Examiner suggests that the claim be amended so that it is directed to a functional relationship. For example, in this particular case, the claim could instead be recited as “A method of storing a bitstream of a video into a non-transitory computer-readable recording medium, wherein the bitstream is generated by a method performed by a video processing apparatus, wherein the method comprises:”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIA E VAZQUEZ COLON whose telephone number is (571)270-1103. The examiner can normally be reached M-F 7:30 AM-3:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CHRISTOPHER S KELLEY can be reached at (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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/MARIA E VAZQUEZ COLON/Examiner, Art Unit 2482
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