DETAILED ACTION
This Office Action is in response to the application filed on July 2, 2025. Claims 1-3 are pending and are examined.
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 and 3 of U.S. Patent No. 12,010,336 (“the ‘336 patent”). Although the claims at issue are not identical, they are not patentably distinct from each other because, although they include additional elements, the above-described claims of the ‘336 patent recite each of elements of claims 1-3 of the current application and it would have been obvious that the described claims of the ‘336 patent and claims 1-3 cover substantially the same subject matter.
The table below shows claim 1, a sample of how each of these claims is rendered unpatentable by claims such as claim 1 of the ‘336 patent:
Instant Application
‘336 Patent
1. (Original) A method for decoding an image based on inter prediction, the method comprising:
1. A method of processing a video signal based on inter prediction, comprising:
One of ordinary skill in the art at the time of filing would have understood image decoding to be a form of video processing.
1. Limitation 1: deriving a motion vector predictor (MVP) based on motion information of a neighboring block of a current block;
1. Limitation 1: deriving a motion vector predictor based on motion information of a neighboring block of a current block;
1. Limitation 2: deriving layer information indicating a current layer to which horizontal and vertical components of a motion vector difference (MVD) used for the inter prediction of the current block belong;
1. Limitation 2: deriving a motion vector difference of the current block based on… layer information, wherein layer information represents a current layer, which the motion vector difference used for inter prediction of the current block belongs to, in a predefined layer structure in which at least one combination of horizontal and vertical components of the motion vector difference is divided into a plurality of layers;
1. Limitation 3: deriving index information indicating a combination of the horizontal and vertical components of the MVD in the current layer;
1. Limitation 2: deriving a motion vector difference of the current block based on… index information,… the index information represents a specific combination of horizontal and vertical components of the motion vector difference within the current layer;
1. Limitation 4: deriving the MVD based on the layer information and the index information;
1. Limitation 2: deriving a motion vector difference of the current block based on layer information and index information…,
1. Limitation 5: deriving a motion vector of the current block based on the MVP and the MVD;
1. Limitation 3: deriving a motion vector of the current block based on the motion vector predictor and the motion vector difference;
1. Limitation 6: generating a prediction block of the current block based on the motion vector of the current block;
1. Limitation 4: generating a prediction block of the current block based on the motion vector of the current block; and
1. Limitation 7: wherein the layer information is derived based on a first syntax element indicating whether the current layer is greater than 0, and
1. Limitations 5 and 8: wherein the layer information includes at least one syntax indicating a layer group to which the current layer belongs… obtaining a first syntax element representing whether an identification of the current layer is greater than 0, …
1. Limitation 8: wherein the layer information includes a value related to an identification (ID) of the current layer, based on the first syntax element not being equal to 0.
1. Limitation 9: … obtaining a second syntax indicating whether the current layer belongs to a first layer group when the ID of the current layer is greater than 0.
One of ordinary skill in the art at the time of filing would have understood that this second syntax may be a “value related to an ID of the current layer” and that based on this description, when the current layer is greater than (i.e., not equal to 0), the second syntax is included.
Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2 and 6 of U.S. Patent No. 12,375,712 (“the ‘712 patent”). Although the claims at issue are not identical, they are not patentably distinct from each other because, although they include additional elements, the above-described claims of the ‘712 patent recite each of elements of claims 1-3 of the current application and it would have been obvious that the described claims of the ‘712 patent and claims 1-3 cover substantially the same subject matter.
The table below shows claim 1, a sample of how each of these claims is rendered unpatentable by claims such as claim 2 of the ‘712 patent:
Instant Application
‘712 Patent
1. (Original) A method for decoding an image based on inter prediction, the method comprising:
1. A method for decoding an image based on inter prediction, the method comprising:
1. Limitation 1: deriving a motion vector predictor (MVP) based on motion information of a neighboring block of a current block;
1. Limitation 1: deriving a motion vector predictor (MVP) based on motion information of a neighboring block of a current block;
1. Limitation 2: deriving layer information indicating a current layer to which horizontal and vertical components of a motion vector difference (MVD) used for the inter prediction of the current block belong;
1. Limitation 1: … deriving layer information indicating a current layer to which horizontal and vertical components of a motion vector difference (MVD) used for the inter prediction of the current block belong;
1. Limitation 3: deriving index information indicating a combination of the horizontal and vertical components of the MVD in the current layer;
1. Limitation 1: … deriving index information indicating a combination of the horizontal and vertical components of the MVD in the current layer;
1. Limitation 4: deriving the MVD based on the layer information and the index information;
1. Limitation 1: … deriving the MVD based on the layer information and the index information;
1. Limitation 5: deriving a motion vector of the current block based on the MVP and the MVD;
1. Limitation 1: … deriving a motion vector of the current block based on the MVP and the MVD;
1. Limitation 6: generating a prediction block of the current block based on the motion vector of the current block;
1. Limitation 1: … generating a prediction block of the current block based on the motion vector of the current block,
1. Limitation 7: wherein the layer information is derived based on a first syntax element indicating whether the current layer is greater than 0, and
1. Limitation 3: … parsing a first syntax indicating whether an identification (ID) of the current layer is greater than 0.
1. Limitation 8: wherein the layer information includes a value related to an identification (ID) of the current layer, based on the first syntax element not being equal to 0.
1. Limitation 4: … parsing a second syntax indicating whether the current layer belongs to a first layer group based on that the ID of the current layer is greater than 0.
One of ordinary skill in the art at the time of filing would have understood that this second syntax may be a “value related to an ID of the current layer” and that based on this description, when the current layer is greater than (i.e., not equal to 0), the second syntax is included.
Claims 1 and 7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6, and 7 of U.S. Patent No. 11,528,484 (“the ‘484 patent”). Although the claims at issue are not identical, they are not patentably distinct from each other because the above indicated claims of the ‘484 patent recite nearly all of elements of the above indicated claims of the current application and it would have been obvious that the described claims of the ‘484 patent and claims 1-3 cover substantially the same subject matter.
The table below shows claim 1, a sample of how each of these claims is rendered unpatentable by claims such as claim 1 of the ‘484 patent:
Instant Application
‘484 Patent
1. (Original) A method for decoding an image based on inter prediction, the method comprising:
1. A method of processing a video signal based on inter prediction by an apparatus, the method comprising:
One of ordinary skill in the art at the time of filing would have understood image decoding to be a form of video processing.
1. Limitation 1: deriving a motion vector predictor (MVP) based on motion information of a neighboring block of a current block;
1. Limitation 1: deriving a motion vector predictor based on motion information of a neighboring block of a current block…;
1. Limitation 2: deriving layer information indicating a current layer to which horizontal and vertical components of a motion vector difference (MVD) used for the inter prediction of the current block belong;
1. Limitation 2: obtaining layer information indicating a current layer to which a motion vector difference used in inter prediction of the current block belongs, in a pre-defined layer structure in which at least one combination of horizontal and vertical components of a motion vector differences is divided into a plurality of layers;
1. Limitation 3: deriving index information indicating a combination of the horizontal and vertical components of the MVD in the current layer;
1. Limitation 3: obtaining index information indicating a [] combination in the current layer;
1. Limitation 2: … at least one combination of horizontal and vertical components of motion vector differences…
1. Limitation 4: deriving the MVD based on the layer information and the index information;
1. Limitation 4: deriving the motion vector difference of the current block based on the layer information and the index information;
1. Limitation 5: deriving a motion vector of the current block based on the MVP and the MVD;
1. Limitation 5: deriving a motion vector of the current block based on the motion vector predictor and the motion vector difference;
1. Limitation 6: generating a prediction block of the current block based on the motion vector of the current block;
1. Limitation 6: generating a prediction block of the current block based on the motion vector of the current block,
1. Limitation 7: wherein the layer information is derived based on a first syntax element indicating whether the current layer is greater than 0, and
1. Limitation 7: wherein obtaining the layer information includes: obtaining a first syntax element representing whether an identification (ID) of the current layer is greater than 0.
1. Limitation 8: wherein the layer information includes a value related to an identification (ID) of the current layer, based on the first syntax element not being equal to 0.
1. Limitation 8: obtaining ID information indicating the ID of the current layer based on the ID of the current layer is greater than 0.
One of ordinary skill in the art at the time of filing would have understood that this ID information may be a “value related to an ID of the current layer” and that based on this description, when the current layer is greater than (i.e., not equal to 0), the ID information is included.
For similar reasons, Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6, and 11 of U.S. Patent No. 11,483,567 (“the ‘567 patent”) in view of U.S. Patent Publication No. 2015/0256844 (“Ikai”). Although the claims at issue are not identical, they are not patentably distinct from each other because the above indicated claims of the ‘567 patent in view of Ikai recite nearly all of elements of the above indicated claims of the current application and it would have been obvious that the described claims of the ‘567 patent in view of Ikai and claims 1-3 cover substantially the same subject matter.
The table below shows claim 1, a sample of how each of these claims is rendered unpatentable by claims such as claim 1 of the ‘567 patent in view of Ikai:
Instant Application
‘567 Patent
1. (Original) A method for decoding an image based on inter prediction, the method comprising:
1. A method of processing a video signal based on inter prediction by an apparatus, the method comprising:
One of ordinary skill in the art at the time of filing would have understood image decoding to be a form of video processing.
1. Limitation 1: deriving a motion vector predictor (MVP) based on motion information of a neighboring block of a current block;
1. Limitation 1: deriving a motion vector predictor based on motion information of a neighboring block of a current block…;
1. Limitation 2: deriving layer information indicating a current layer to which horizontal and vertical components of a motion vector difference (MVD) used for the inter prediction of the current block belong;
1. Limitation 2: parsing layer information indicating a current layer to which a motion vector difference used for inter prediction of the current block belongs, in a predefined layer structure in which combinations of at least one horizontal and vertical components of motion vector differences are divided into a plurality of layers;
1. Limitation 3: deriving index information indicating a combination of the horizontal and vertical components of the MVD in the current layer;
1. Limitation 3: parsing index information indicating a [] combination in the current layer;
1. Limitation 2: … combinations of at least one horizontal and vertical components of motion vector differences…
1. Limitation 4: deriving the MVD based on the layer information and the index information;
1. Limitation 4: deriving a motion vector difference of the current block based on the layer information and the index information;
1. Limitation 5: deriving a motion vector of the current block based on the MVP and the MVD;
1. Limitation 5: deriving a motion vector of the current block by adding the motion vector difference to the motion vector predictor;
1. Limitation 6: generating a prediction block of the current block based on the motion vector of the current block;
1. Limitation 7: wherein the layer information is derived based on a first syntax element indicating whether the current layer is greater than 0, and
1. Limitation 6: wherein parsing the layer information includes: parsing a first flag indicating whether an identification (ID) of the current layer is larger than 0,
1. Limitation 8: wherein the layer information includes a value related to an identification (ID) of the current layer, based on the first syntax element not being equal to 0.
1. Limitation 7: parsing a second flag indicating whether the ID of the current layer is larger than 1 when the ID of the current layer is larger than 0.
One of ordinary skill in the art at the time of filing would have understood that this second flag may be a “value related to an ID of the current layer” and that based on this description, when the current layer is larger than (i.e., not equal to 0), the second flag is included.
The claims of the ‘567 patent do not explicitly recite “generating a prediction block of the current block based on the motion vector of the current block”. However, such elements were well known in the art at the time of filing as shown by Ikai (see, e.g., Fig. 2, items 308, 309, 312, ¶¶95-98, 101-102, showing that inter prediction based decoders were well known to include the generation of a prediction block based on the motion vector). Accordingly, to one of ordinary skill in the art at the time of filing, including such elements in the decoder of the claims of the ‘567 patent would have represented nothing more than the combination of prior art elements according to known methods to achieve predictable results.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Ikai in view of the level of skill in the art.
With respect to claim 1, Ikai discloses the invention substantially as claimed, including
A method of decoding an image based on inter prediction (see Figs. 1 and 2, item 31, showing and describing a method of decoding a video signal based on inter prediction), the method comprising:
deriving a motion vector predictor (MVP) based on motion information of a neighboring block of a current block (see Fig. 3, 6, 8, item mvpLX, ¶¶82, 90, 109, 113, 163-166, describing deriving a MVP (mvpLx) and that these prediction vectors may be based on motion information of adjacent, i.e., neighboring, blocks of a current block);
deriving layer information indicating a current layer to which horizontal and vertical components of a motion vector difference (MVD) used for the inter prediction of the current block belong (see Figs. 32, 33, items 30371, target_layer_info, ¶¶117, 119, 130-132, 351-356, describing deriving layer information, including a layerID, that identifies the layer of the decoding target picture in a set hierarchy of layers to which mvdLX belongs, i.e., indicating a current layer in a predefined layer structure to which horizontal and vertical components of a MVD used for the inter prediction of the current block belong);
deriving index information indicating a combination of the horizontal and vertical components of the MVD in the current layer (see ¶¶309-314, 352-356, describing deriving index information, e.g., ctxIdxInc, representing a combination of the horizontal/x and vertical/y components of the mvd within the target layer);
deriving the MVD based on the layer information and index information (see Figs. 3, 6, 8, 22, 24, 25, 32, items mvdLX, ¶¶82, 90, 109, 114, 117, 119, 352-356, describing deriving mvdLX, i.e., the MVD, as a prediction parameter and such prediction parameters may be derived based on layer information (including layer_ID), and index information, e.g., ctxIdxInc);
deriving a motion vector of the current block based on the MVP and the MVD (see Fig. 3, item 3035, ¶¶109, 113-114, describing adding mvpLX and mvdLX to obtain mvLX, i.e., deriving a motion vector of the current block based on the motion vector prediction and the motion vector difference); and
generating a prediction block of the current block based on the motion vector of the current block (see Figs. 2-3, 6, 8, items 308, 309, ¶¶8, 11, 95-98, 532, describing that the mvLX, i.e., the motion vector of the current block, is used to generate a predicted block of a predicted picture),
wherein the layer information is derived based on a first syntax element indicating whether the current layer is greater than 0 (see ¶¶351-356, describing that target_layer_info is derived based on whether the decoding target picture is the base layer based on the decoded layer ID, i.e., a first syntax, which indicates whether the current layer is 0 or 1, i.e., is greater than 0), and
wherein the layer information includes a value related to an identification (ID) of the current layer, based on the first syntax not being equal to 0 (see citations with respect to element above, describing that when the first syntax indicates that the current layer is not base, decoded layer ID not equal to 0/is greater than 0, then target_layer_information includes a value of 1, i.e., the layer information includes a value related to an ID of the current layer).
Ikai does not explicitly use the term “current layer”. However, it uses the term “target layer” which it describes as a decoding target image/picture (see ¶351). One of ordinary skill in the art at the time of filing would have understood that the picture/image which is the target of decoding is the “current” image in the art. Accordingly, it would have been obvious to have modified Ikai describe this target layer as the “current layer”.
With respect to claim 6, Ikai discloses the invention substantially as claimed. As detailed above, Ikai in view of the level of skill in the art discloses each and every element of independent claim 1. Ikai also discloses:
A method of encoding an image based on inter prediction (see Figs. 1 and 14, item 11, showing and describing a method of encoding a video signal based on inter prediction), the method comprising:
deriving a motion vector predictor (MVP) based on motion information of a neighboring block of a current block (see Fig. 15, 16, 18, item mvpLX, ¶¶163-166, 422, 424, 426, 440, describing deriving a MVP (mvpLx) and that these prediction vectors may be based on motion information of adjacent, i.e., neighboring, blocks of a current block);
deriving layer information indicating a current layer to which horizontal and vertical components of a motion vector difference (MVD) used for the inter prediction of the current block belong (see Figs. 34, 35, items 1044g, target_layer_info, ¶¶117, 119, 130-132, 351-156, 493, 502, describing deriving layer information, including a layerID, that identifies the layer of the decoding target picture in a set hierarchy of layers to which mvdLX belongs, i.e., indicating a current layer in a predefined layer structure to which horizontal and vertical components of a MVD used for the inter prediction of the current block belong);
deriving index information indicating a combination of the horizontal and vertical components of the MVD in the current layer (see ¶¶496-497, 503-504, describing deriving index information which indicates a combination of the horizontal/x and vertical/y components of the mvd within the target layer);
deriving the MVD based on the layer information and index information (see Figs. 15, 16, 18, 34-35, items mvdLX, ¶¶82, 90, 109, 114, 117, 119, 352, 356, 502-503, describing deriving mvdLX, i.e., the MVD, as a prediction parameter and such prediction parameters may be derived based on layer information (including layer_ID), and index information, e.g., ctxIdxInc);
deriving a motion vector of the current block based on the MVP and the MVD (see Fig. 15, item 106, ¶¶109, 113-114, describing adding mvpLX and mvdLX to obtain mvLX, i.e., deriving a motion vector of the current block based on the motion vector prediction and the motion vector difference);
generating a prediction block of the current block based on the motion vector of the current block (see Figs. 14-16, items 111, 112, ¶¶8, 11, 95-98, 396, 400, 534, describing that the mvLX, i.e., the motion vector of the current block, is used to generate a predicted block of a predicted picture); and
encoding image information including the layer information and the index information (see Figs. 14, 35, items Stream Te, target_layer_info, ctxIdxInc, LAYERID, ¶¶11, 131, 350-351, 496, 502, describing encoding image information including the layer information and image information),
wherein the layer information is derived based on a first syntax element indicating whether the current layer is greater than 0 (see citations and arguments with respect to corresponding element of claim 1 above), and
wherein the layer information includes a value related to an identification (ID) of the current layer, based on the first syntax not being equal to 0 (see citations and arguments with respect to corresponding element of claim 1 above).
The reasons for combining the cited prior art with respect to claim 1 also apply to claim 2.
With respect to claim 3, Ikai discloses the invention substantially as claimed. As detailed above, Ikai in view of the level of skill in the art discloses each and every element of independent claim 2. Ikai also discloses:
A transmission method for data comprising a bitstream for an image (see citations and arguments above with respect to claims 1 and 2, showing and describing a method of generating and transmitting data comprising a bitstream of images from an encoder to a decoder), the method comprising:
obtaining the bitstream for the image (see citations and arguments with respect to claim 2 above describing generating/obtaining a bitstream for the image and Figs. 21-22); and
transmitting the data comprising the bitstream (see citations and arguments with respect to claim 2 above, describing encoding, i.e., transmitting, data comprising a bitstream and Fig. 1, item 21, ¶¶73, 75, 76, describing such a transmission),
wherein the bitstream is generated by performing the steps of:
deriving a motion vector predictor (MVP) based on motion information of a neighboring block of a current block (see citations and arguments with respect to corresponding element of claim 6 above);
deriving layer information indicating a current layer to which horizontal and vertical components of a motion vector difference (MVD) used for the inter prediction of the current block belong (see citations and arguments with respect to corresponding element of claim 2 above);
deriving index information indicating a combination of the horizontal and vertical components of the MVD in the current layer (see citations and arguments with respect to corresponding element of claim 2 above);
deriving the MVD based on the layer information and index information (see citations and arguments with respect to corresponding element of claim 2 above);
deriving a motion vector of the current block based on the MVP and the MVD (see citations and arguments with respect to corresponding element of claim 2 above);
generating a prediction block of the current block (see citations and arguments with respect to corresponding element of claim 2 above); and
encoding image information including the layer information and the index information (see citations and arguments with respect to corresponding element of claim 2 above),
wherein the layer information is derived based on a first syntax element indicating whether the current layer is greater than 0 (see citations and arguments with respect to corresponding element of claim 1 above), and
wherein the layer information includes a value related to an identification (ID) of the current layer, based on the first syntax not being equal to 0 (see citations and arguments with respect to corresponding element of claim 1 above).
The reasons for combining the cited prior art with respect to claim 1 also apply to claim 3.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINDSAY JANE KILE UHL whose telephone number is (571)270-0337. The examiner can normally be reached on 8:30 AM-5:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Vaughn can be reached on (571)272-3922. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LINDSAY J UHL/Primary Examiner, Art Unit 2481
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