DETAILED ACTION
Summary
This office action for US Patent application 19/258150 is responsive to communications filed on July 2nd, 2025. Currently, claims 1-3 are pending are presented for examination.
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 1-3 inprovisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-2 and 4 of copending Application 18/616984, now US Patent 12,382,020, over claim 1 of copending Application No 17/896317, now US Patent 11,973938 and claim 1 of copending Application No 17/550847, now US Patent 11,457209. 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 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 18/616984
Instant Application-19/258150-
1.An image decoding method performed by a decoding apparatus, the image decoding method comprising: receiving image information including inter prediction mode information through a bitstream; deriving an inherited affine candidate and a constructed affine candidate based on a neighboring block of a current block, based on the inter prediction mode information; generating a merge candidate list of the current block based on the inherited affine candidate and the constructed affine candidate; selecting one candidate from among candidates included in the merge candidate list; deriving motion information on the current block based on the selected candidate; generating L0 prediction samples and L1 prediction samples of the current block based on the motion information; and generating prediction samples of the current block based on the L0 prediction samples, the L1 prediction samples, and weight information, wherein the weight information is weight information for a bi-prediction and is derived based on a weight index for the selected candidate, wherein the constructed affine candidate includes control point motion vectors (CPMVs), and wherein based on a case that the constructed affine candidate is generated based on {CP0, CP1, CP3}, a weight index for the constructed affine candidate is derived based on a weight index for the CP0, wherein the CP0 is related to a top-left corner of the current block, the CP1 is related to a top-right corner of the current block and the CP3 is related to a bottom-right corner of the current block.
Claims 2, 4
1. A decoding apparatus for image decoding, the decoding apparatus comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to: receive image information including inter prediction mode information through a bitstream; derive an inherited affine candidate and a constructed affine candidate based on a neighboring block of a current block, based on the inter prediction mode information; generate a merge candidate list of the current block based on the inherited affine candidate and the constructed affine candidate; select one candidate from among candidates included in the merge candidate list; derive motion information on the current block based on the selected candidate; generate LO prediction samples and Li prediction samples of the current block based on the motion information; and generate prediction samples of the current block based on the LO prediction samples, the LI prediction samples, and weight information, wherein the weight information is weight information for a bi-prediction and is derived based on a weight index for the selected candidate, wherein the constructed affine candidate includes control point motion vectors (CPMVs), and wherein based on a case that the constructed affine candidate is generated based on {CPO, CP1, CP3}, a weight index for the constructed affine candidate is derived based on a weight index for the CPO, wherein the CPO is related to a top-left corner of the current block, the CP 1 is related to a top-right corner of the current block and the CP3 is related to a bottom- right corner of the current block.
Claim 2,3
Conflicting Co-pending Application 17/896317
Instant Application-19/258150-
1. (Previously presented) A decoding apparatus for image decoding, the decoding apparatus comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to: receive image information including inter-prediction mode information through a bitstream; generate a merge candidate list of a current block based on the inter-prediction mode information; select one candidate from among candidates included in the merge candidate list; derive motion information on the current block based on the selected candidate; generate LO prediction samples and L1 prediction samples of the current block based on the motion information; and generate prediction samples of the current block based on the LO prediction samples, the L1 prediction samples, and weight information, wherein the weight information is weight information for a bi-prediction and is derived based on a weight index for the selected candidate, wherein the candidates include a constructed affine merge candidate, and the constructed affine merge candidate includes control point motion vectors (CPMVs), wherein based on a case that the constructed affine merge candidate is generated based on {CPO, CP1, CP3}, a weight index for the constructed affine merge candidate is set equal to a weight index for the CPO, wherein the CPO is related to a top-left corner of the current block, the CP 1 is related to a top-right corner of the current block and the CP3 is related to a bottom-right corner of the current block.
Claim 1
1. A decoding apparatus for image decoding, the decoding apparatus comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to: receive image information including inter prediction mode information through a bitstream; derive an inherited affine candidate and a constructed affine candidate based on a neighboring block of a current block, based on the inter prediction mode information; generate a merge candidate list of the current block based on the inherited affine candidate and the constructed affine candidate; select one candidate from among candidates included in the merge candidate list; derive motion information on the current block based on the selected candidate; generate LO prediction samples and Li prediction samples of the current block based on the motion information; and generate prediction samples of the current block based on the LO prediction samples, the LI prediction samples, and weight information, wherein the weight information is weight information for a bi-prediction and is derived based on a weight index for the selected candidate, wherein the constructed affine candidate includes control point motion vectors (CPMVs), and wherein based on a case that the constructed affine candidate is generated based on {CPO, CP1, CP3}, a weight index for the constructed affine candidate is derived based on a weight index for the CPO, wherein the CPO is related to a top-left corner of the current block, the CP 1 is related to a top-right corner of the current block and the CP3 is related to a bottom- right corner of the current block.
Claim 2,3
Conflicting Co-pending Application 17/550847
Instant Application-19/258150-
1. (Original) An image decoding method performed by a decoding apparatus, the image decoding method comprising: receiving image information including inter-prediction mode information through a bitstream; generating a merge candidate list of a current block based on the inter-prediction mode information; selecting one candidate from among [[the ]]candidates included in the merge candidate list; deriving motion information on the current block based on the selected candidate; generating LO prediction samples and L1 prediction samples of the current block based on the motion information; and generating prediction samples of the current block based on the LO prediction samples, the L1 prediction samples, and weight information, wherein the weight information is weight information for a bi-prediction and is derived based on a weight index for the selected candidate, wherein the candidates include a constructed affine merge candidate, and the constructed affine merge candidate includes control point motion vectors (CPMVs), wherein based on a case that the constructed affine merge candidate is generated based on {CPO, CP1, CP3}, a weight index for the constructed affine merge candidate is set equal to a weight index for the CPO, wherein the CPO is related to a top-left corner of the current block, the CP1 is related to a top-right corner of the current block and the CP3 is related to a bottom-right corner of the current block.
Claim 1
1. A decoding apparatus for image decoding, the decoding apparatus comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to: receive image information including inter prediction mode information through a bitstream; derive an inherited affine candidate and a constructed affine candidate based on a neighboring block of a current block, based on the inter prediction mode information; generate a merge candidate list of the current block based on the inherited affine candidate and the constructed affine candidate; select one candidate from among candidates included in the merge candidate list; derive motion information on the current block based on the selected candidate; generate LO prediction samples and Li prediction samples of the current block based on the motion information; and generate prediction samples of the current block based on the LO prediction samples, the LI prediction samples, and weight information, wherein the weight information is weight information for a bi-prediction and is derived based on a weight index for the selected candidate, wherein the constructed affine candidate includes control point motion vectors (CPMVs), and wherein based on a case that the constructed affine candidate is generated based on {CPO, CP1, CP3}, a weight index for the constructed affine candidate is derived based on a weight index for the CPO, wherein the CPO is related to a top-left corner of the current block, the CP 1 is related to a top-right corner of the current block and the CP3 is related to a bottom- right corner of the current block.
Claim 2,3
Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1-3 are generic to all that is recited in claims of co-pending applications. That is, claims 1-3 is/are anticipated by claims of co-pending applications.
Claims 1-3 inprovisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims of copending Applications.
Allowable Subject Matter
Claims 1-3 is/are rejected on the ground of nonstatutory obviousness-type double patenting. However, these claims would be allowable if its rejection are 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
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