DETAILED ACTION
Summary
This office action for US Patent application 19/255987 is responsive to communications filed on June 30th, 2025. Currently, claims 1-21 are pending are presented for examination while claims 1-15 were canceled.
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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 16-21 inprovisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over 16-21 claims of copending application 18/592454, now the US Patent 11,956,418 and over claims 1, 8 and 16 of copending Application No 17/057264, now the US Patent 11,303,884. Although the conflicting claims are not identical, they are not patentably distinct from each other because it is merely in the terminology used in both sets of claims.
This is an inprovisional obviousness-type double patenting rejection because the conflicting claims have not in fact been patented. Below is a list of limitations that perform the same function. However different terminology is used in both sets to describe the limitations.
Conflicting Co-pending Application 18/592454
Instant Application-19/255987-
16. (New) A method of decoding an image, wherein Most Probable Mode (MPM) candidates are derived based on an intra prediction mode of a neighboring block adjacent to a current block in the image, the method comprising: decoding a default mode flag indicating whether an intra prediction mode of the current block is a default mode or not from a bitstream; deriving the intra prediction mode of the current block based on the default mode flag; and obtaining prediction samples of the current block based on the intra prediction mode of the current block, wherein the default mode includes at least one of a planar mode, a DC mode, a vertical mode, a horizontal mode, or a diagonal mode, wherein in response to the default mode flag having a first value, the intra prediction mode of the current block is set equal to the default mode, and wherein in response to the default mode flag having a second value, the intra prediction mode of the current block is derived to be identical to an MPM candidate specified by an MPM index, the MPM index specifying one of the MPM candidates.
Claims 17-21
16. (New) A method of decoding an image, wherein Most Probable Mode (MPM) candidates are derived based on an intra prediction mode of a neighboring block adjacent to a current block in the image, the method comprising: decoding a default mode flag indicating whether an intra prediction mode of the current block is a default mode or not from a bitstream; deriving the intra prediction mode of the current block based on the default mode flag; obtaining prediction samples of the current block based on the intra prediction mode of the current block; and reconstructing the current block based on the prediction samples, wherein the default mode includes at least one of a planar mode, a DC mode, a vertical mode, a horizontal mode, or a diagonal mode, wherein in response to the default mode flag having a first value, the intra prediction mode of the current block is set equal to the default mode, and wherein in response to the default mode flag having a second value, the intra prediction mode of the current block is derived to be identical to an MPM candidate specified by an MPM index, the MPM index specifying one of the MPM candidates.
Claims 17-21
Conflicting Co-pending Application 17/057264
Instant Application-19/255987-
1. (Currently Amended) A method of decoding an image, wherein Most Probable Mode (MPM) candidates are derived based on intra prediction modes of candidate blocks, including a neighboring block adjacent to a current block the image, the method comprising:determining, based on a default mode flag signaled from a bitstream, whether an is a default mode; and deriving the intra prediction mode of the current block based on the determination,wherein the default mode includes at least one of a planar mode, a DC mode, a vertical mode, a horizontal mode, or a diagonal mode, wherein in response to the default mode flag of a first value, the intra prediction mode of the current block is set equal to the default mode, andwherein in response to the default mode flag of a second value, the intra prediction mode of the current block is derived as an MPM candidate identical to the intra prediction mode of the current block among the MPM candidates.
Claim 8
Claim 16
16. (New) A method of decoding an image, wherein Most Probable Mode (MPM) candidates are derived based on an intra prediction mode of a neighboring block adjacent to a current block in the image, the method comprising: decoding a default mode flag indicating whether an intra prediction mode of the current block is a default mode or not from a bitstream; deriving the intra prediction mode of the current block based on the default mode flag; obtaining prediction samples of the current block based on the intra prediction mode of the current block; and reconstructing the current block based on the prediction samples, wherein the default mode includes at least one of a planar mode, a DC mode, a vertical mode, a horizontal mode, or a diagonal mode, wherein in response to the default mode flag having a first value, the intra prediction mode of the current block is set equal to the default mode, and wherein in response to the default mode flag having a second value, the intra prediction mode of the current block is derived to be identical to an MPM candidate specified by an MPM index, the MPM index specifying one of the MPM candidates.
Claim 20
Claim 21
Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 16-21 are generic to all that is recited in claims of co-pending applications. That is, claims 16-21 is/are anticipated by claims of co-pending applications.
Claims 16-21 inprovisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims copending Applications.
Allowable Subject Matter
Claims 16-21 is/are rejected on the ground of nonstatutory obviousness-type double patenting. However, these claims would be allowable if the obvious-type double patenting is overcome.
Conclusion
Any inquiry concerning this communication or earlier communications form the examiner should be directed to Nam Pham, whose can be contacted by phone at (571)270-7352. The examiner can normally be reached on Mon—Thurs.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, CZEKAJ DAVID, can be reached on (571)272-7327.
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/NAM D PHAM/Primary Examiner, Art Unit 2487
Prosecution Insights