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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 – 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1- 17 of U.S. Patent No. 12,375,656. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of the patented claims wholly encompass the scope of the current application.
Current Application
U.S. Patent No. 12,375,656
1. A non-transitory computer readable medium storing a video media bitstream encoded by an encoding method, the encoding method comprising:
determining a filter shape of a Cross-Component Sample Offset (CCSO) filter;
determining an offset value associated with the filter shape of the CCSO filter;
applying the CCSO filter on a sample based on the offset value associated with the filter shape; and
encoding filter shape index information in the video media bitstream, the filter shape index information indicating which of a plurality of filter shapes to apply to the sample, the plurality of filter shapes including a plurality of 3-tap filter shapes.
10. A method for filtering in video encoding, the method comprising:
determining a filter shape of a Cross-Component Sample Offset (CCSO) filter;
determining an offset value associated with the filter shape of the CCSO filter;
applying the CCSO filter on a sample based on the offset value associated with the filter shape; and
encoding filter shape index information in a bitstream, the filter shape index information indicating which of a plurality of filter shapes to apply to the sample, the plurality of filter shapes including a plurality of 3-tap filters.
2. The non-transitory computer readable medium of claim 1, wherein the CCSO filter is based on a non-linear mapping.
11. The method of claim 10, wherein the CCSO filter is based on a non-linear mapping.
3. The non-transitory computer readable medium of claim 1, wherein positions of filter taps of the filter shape include a position of the sample.
12. The method of claim 10, wherein positions of filter taps of the filter shape include a position of the sample.
4. The non-transitory computer readable medium of claim 1, wherein positions of filter taps of the filter shape exclude a position of the sample.
13. The method of claim 10, wherein positions of filter taps of the filter shape exclude a position of the sample.
5. The non-transitory computer readable medium of claim 1, wherein the filter shape includes a single filter tap; the encoding method further includes: determining a mean sample value in an area, and calculating a difference of a reconstructed sample value at a position of the single filter tap and the mean sample value in the area; and the applying includes applying the CCSO filter on the sample based on the difference of the reconstructed sample value at the position of the single filter tap and the mean sample value in the area.
14. The method of claim 10, wherein the filter shape includes a single filter tap; the method further includes: determining a mean sample value in an area, and calculating a difference of a reconstructed sample value at a position of the single filter tap and the mean sample value in the area; and the applying includes applying the CCSO filter on the sample based on the difference of the reconstructed sample value at the position of the single filter tap and the mean sample value in the area.
6. The non-transitory computer readable medium of claim 1, wherein the determining the filter shape comprises: selecting the filter shape from the plurality of 3-tap filter shapes of the CCSO filter.
15. The method of claim 10, wherein the determining the filter shape comprises: selecting the filter shape from the plurality of 3-tap filter shapes of the CCSO filter.
7. The non-transitory computer readable medium of claim 1, wherein each of the plurality of filter shapes has a same number of filter taps.
17. The method of claim 10, wherein each of the plurality of filter shapes has a same number of filter taps.
8. The non-transitory computer readable medium of claim 6, wherein the plurality of filter shapes includes a first filter shape and a second filter shape, the first filter shape and the second filter shape having different numbers of filter taps.
16. The method of claim 15, wherein the plurality of filter shapes includes a first filter shape and a second filter shape, the first filter shape and the second filter shape having different numbers of filter taps.
9. An apparatus for video decoding, comprising:
processing circuitry configured to:
receive a video media bitstream that includes filter shape index information;
determine a filter shape of a Cross-Component Sample Offset (CCSO) filter based on the filter shape index information, the filter shape index information indicating which of a plurality of filter shapes to apply to a sample, the plurality of filter shapes including a plurality of 3-tap filter shapes;
determine an offset value associated with the filter shape of the CCSO filter that is indicated by the filter shape index information; and
apply the CCSO filter on the sample based on the offset value associated with the filter shape.
1. A method for filtering in video decoding, the method comprising:
receiving a coded video bitstream that includes filter shape index information;
determining a filter shape of a Cross-Component Sample Offset (CCSO) filter based on the filter shape index information, the filter shape index information indicating which of a plurality of filter shapes to apply to a sample, the plurality of filter shapes including a plurality of 3-tap filter shapes;
determining an offset value associated with the filter shape of the CCSO filter that is indicated by the filter shape index information; and
applying the CCSO filter on the sample based on the offset value associated with the filter shape.
10. The apparatus of claim 9, wherein the CCSO filter is based on a non-linear mapping.
2. The method of claim 1, wherein the CCSO filter is based on a non-linear mapping.
11. The apparatus of claim 9, wherein positions of filter taps of the filter shape include a position of the sample.
3. The method of claim 1, wherein positions of filter taps of the filter shape include a position of the sample.
12. The apparatus of claim 9, wherein positions of filter taps of the filter shape exclude a position of the sample.
4. The method of claim 1, wherein positions of filter taps of the filter shape exclude a position of the sample.
13. The apparatus of claim 9, wherein the filter shape includes a single filter tap; and the processing circuitry is configured to: determine a mean sample value in an area; calculate a difference of a reconstructed sample value at a position of the single filter tap and the mean sample value in the area; and apply the CCSO filter on the sample based on the difference of the reconstructed sample value at the position of the single filter tap and the mean sample value in the area.
5. The method of claim 1, wherein the filter shape includes a single filter tap; the method further includes: determining a mean sample value in an area, and calculating a difference of a reconstructed sample value at a position of the single filter tap and the mean sample value in the area; and the applying includes applying the CCSO filter on the sample based on the difference of the reconstructed sample value at the position of the single filter tap and the mean sample value in the area.
14. The apparatus of claim 9, wherein the processing circuitry is configured to: select the filter shape from the plurality of 3-tap filter shapes of the CCSO filter.
6. The method of claim 1, wherein the determining the filter shape comprises: selecting the filter shape from the plurality of 3-tap filter shapes of the CCSO filter.
15. The apparatus of claim 9, wherein each of the plurality of filter shapes has a same number of filter taps.
8. The method of claim 1, wherein each of the plurality of filter shapes has a same number of filter taps.
16. The apparatus of claim 14, wherein the plurality of filter shapes includes a first filter shape and a second filter shape, the first filter shape and the second filter shape having different numbers of filter taps.
7. The method of claim 6, wherein the plurality of filter shapes includes a first filter shape and a second filter shape, the first filter shape and the second filter shape having different numbers of filter taps.
17. The apparatus of claim 9, wherein the filter shape index information is included at one of a block level, a coding tree unit (CTU) level, a super block (SB) level, a video parameter set (VPS), a sequence parameter set (SPS), a picture parameter set (PPS), an adaptation parameter set (APS), a slice header, a tile header, and a frame header.
9. The method of claim 1, wherein the filter shape index information is included at one of a block level, a coding tree unit (CTU) level, a super block (SB) level, a video parameter set (VPS), a sequence parameter set (SPS), a picture parameter set (PPS), an adaptation parameter set (APS), a slice header, a tile header, and a frame header.
18. An apparatus for video encoding, comprising:
processing circuitry configured to:
determine a filter shape of a Cross-Component Sample Offset (CCSO) filter;
determine an offset value associated with the filter shape of the CCSO filter;
apply the CCSO filter on a sample based on the offset value associated with the filter shape; and
encode filter shape index information in a video media bitstream, the filter shape index information indicating which of a plurality of filter shapes to apply to the sample, the plurality of filter shapes including a plurality of 3-tap filter shapes.
10. A method for filtering in video encoding, the method comprising:
determining a filter shape of a Cross-Component Sample Offset (CCSO) filter;
determining an offset value associated with the filter shape of the CCSO filter;
applying the CCSO filter on a sample based on the offset value associated with the filter shape; and
encoding filter shape index information in a bitstream, the filter shape index information indicating which of a plurality of filter shapes to apply to the sample, the plurality of filter shapes including a plurality of 3-tap filters.
19. The apparatus of claim 18, wherein the CCSO filter is based on a non-linear mapping.
11. The method of claim 10, wherein the CCSO filter is based on a non-linear mapping.
20. The apparatus of claim 18, wherein positions of filter taps of the filter shape include a position of the sample.
12. The method of claim 10, wherein positions of filter taps of the filter shape include a position of the sample.
Claims 1 – 4, 6 – 12, and 14 – 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1- 8 and 12 - 20 of U.S. Patent No. 11,785,213. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of the patented claims wholly encompasses the scope of the current application.
Current Application
U.S. Patent No. 11,785,213
1. A non-transitory computer readable medium storing a video media bitstream encoded by an encoding method, the encoding method comprising:
determining a filter shape of a Cross-Component Sample Offset (CCSO) filter;
determining an offset value associated with the filter shape of the CCSO filter;
applying the CCSO filter on a sample based on the offset value associated with the filter shape; and
encoding filter shape index information in the video media bitstream, the filter shape index information indicating which of a plurality of filter shapes to apply to the sample, the plurality of filter shapes including a plurality of 3-tap filter shapes.
2. The non-transitory computer readable medium of claim 1, wherein the CCSO filter is based on a non-linear mapping.
1. A method for filtering in video decoding, comprising:
determining, by a processor, an offset value associated with a first filter shape configuration of a loop filter based on signals in a coded video bitstream that carries a video, a number of filter taps of the first filter shape configuration being smaller than five, the loop filter being based on a non linear mapping; and
applying, by the processor, the non linear mapping based loop filter on a sample that is to be filtered, using the offset value associated with the first filter shape configuration, the offset value associated with the first filter shape configuration corresponding to a predefined combination of quantized differences between the sample and reconstructed samples of the first filter shape configuration.
2. The method of claim 1, wherein the loop filter includes at least one of a cross-component sample offset (CCSO) filter and a local sample offset (LSO) filter.
8. The method of claim 5, further comprising: decoding an index from the coded video bitstream that carries the video, the index being indicative of a selection of the first filter shape configuration from the group for the video loop filter.
3. The non-transitory computer readable medium of claim 1, wherein positions of filter taps of the filter shape include a position of the sample.
3. The method of claim 1, wherein positions of the filter taps of the first filter shape configuration include a position of the sample.
4. The non-transitory computer readable medium of claim 1, wherein positions of filter taps of the filter shape exclude a position of the sample.
4. The method of claim 1, wherein positions of the filter taps of the first filter shape configuration exclude a position of the sample.
6. The non-transitory computer readable medium of claim 1, wherein the determining the filter shape comprises: selecting the filter shape from the plurality of 3-tap filter shapes of the CCSO filter.
5. The method of claim 1, further comprising: selecting the first filter shape configuration from a group of filter shape configurations of the loop filter.
7. The non-transitory computer readable medium of claim 1, wherein each of the plurality of filter shapes has a same number of filter taps.
6. The method of claim 5, wherein the filter shape configurations in the group respectively have the number of filter taps.
8. The non-transitory computer readable medium of claim 6, wherein the plurality of filter shapes includes a first filter shape and a second filter shape, the first filter shape and the second filter shape having different numbers of filter taps.
7. The method of claim 5, wherein one or more filter shape configurations in the group have a different number of filter taps from the first filter shape configuration.
9. An apparatus for video decoding, comprising:
processing circuitry configured to:
receive a video media bitstream that includes filter shape index information;
determine a filter shape of a Cross-Component Sample Offset (CCSO) filter based on the filter shape index information, the filter shape index information indicating which of a plurality of filter shapes to apply to a sample, the plurality of filter shapes including a plurality of 3-tap filter shapes;
determine an offset value associated with the filter shape of the CCSO filter that is indicated by the filter shape index information; and
apply the CCSO filter on the sample based on the offset value associated with the filter shape.
10. The apparatus of claim 9, wherein the CCSO filter is based on a non-linear mapping.
12. An apparatus for video decoding, comprising processing circuitry configured to:
determine an offset value associated with a first filter shape configuration of a loop filter based on signals in a coded video bitstream that carries a video, a number of filter taps of the first filter shape configuration being smaller than five, the loop filter being based on a non linear mapping; and
apply the non linear mapping based loop filter on a sample that is to be filtered using the offset value associated with the first filter shape configuration, the offset value associated with the first filter shape configuration corresponding to a predefined combination of quantized differences between the sample and reconstructed samples of the first filter shape configuration.
13. The apparatus of claim 12, wherein the loop filter includes at least one of a cross-component sample offset (CCSO) filter and a local sample offset (LSO) filter.
19. The apparatus of claim 16, wherein the processing circuitry is configured to: decode an index from the coded video bitstream that carries the video, the index being indicative of a selection of the first filter shape configuration from the group for the loop filter.
11. The apparatus of claim 9, wherein positions of filter taps of the filter shape include a position of the sample.
14. The apparatus of claim 12, wherein positions of the filter taps of the first filter shape configuration include a position of the sample.
12. The apparatus of claim 9, wherein positions of filter taps of the filter shape exclude a position of the sample.
15. The apparatus of claim 12, wherein positions of the filter taps of the first filter shape configuration exclude a position of the sample.
14. The apparatus of claim 9, wherein the processing circuitry is configured to: select the filter shape from the plurality of 3-tap filter shapes of the CCSO filter.
16. The apparatus of claim 12, wherein the processing circuitry is configured to: select the first filter shape configuration from a group of filter shape configurations of the loop filter.
15. The apparatus of claim 9, wherein each of the plurality of filter shapes has a same number of filter taps.
17. The apparatus of claim 16, wherein the filter shape configurations in the group respectively have the number of filter taps.
16. The apparatus of claim 14, wherein the plurality of filter shapes includes a first filter shape and a second filter shape, the first filter shape and the second filter shape having different numbers of filter taps.
18. The apparatus of claim 16, wherein one or more filter shape configurations in the group have a different number of filter taps from the first filter shape configuration.
17. The apparatus of claim 9, wherein the filter shape index information is included at one of a block level, a coding tree unit (CTU) level, a super block (SB) level, a video parameter set (VPS), a sequence parameter set (SPS), a picture parameter set (PPS), an adaptation parameter set (APS), a slice header, a tile header, and a frame header.
20. The apparatus of claim 19, wherein the processing circuitry is configured to: decode the index from a syntax signaling of at least one of a block level, a coding tree unit (CTU) level, a super block (SB) level, a video parameter set (VPS), a sequence parameter set (SPS), a picture parameter set (PPS), an adaptation parameter set (APS), a slice header, a tile header and a frame header.
18. An apparatus for video encoding, comprising:
processing circuitry configured to:
determine a filter shape of a Cross-Component Sample Offset (CCSO) filter;
determine an offset value associated with the filter shape of the CCSO filter;
apply the CCSO filter on a sample based on the offset value associated with the filter shape; and
encode filter shape index information in a video media bitstream, the filter shape index information indicating which of a plurality of filter shapes to apply to the sample, the plurality of filter shapes including a plurality of 3-tap filter shapes.
19. The apparatus of claim 18, wherein the CCSO filter is based on a non-linear mapping.
12. An apparatus for video decoding, comprising processing circuitry configured to:
determine an offset value associated with a first filter shape configuration of a loop filter based on signals in a coded video bitstream that carries a video, a number of filter taps of the first filter shape configuration being smaller than five, the loop filter being based on a non linear mapping; and
apply the non linear mapping based loop filter on a sample that is to be filtered using the offset value associated with the first filter shape configuration, the offset value associated with the first filter shape configuration corresponding to a predefined combination of quantized differences between the sample and reconstructed samples of the first filter shape configuration.
13. The apparatus of claim 12, wherein the loop filter includes at least one of a cross-component sample offset (CCSO) filter and a local sample offset (LSO) filter.
19. The apparatus of claim 16, wherein the processing circuitry is configured to: decode an index from the coded video bitstream that carries the video, the index being indicative of a selection of the first filter shape configuration from the group for the loop filter.
20. The apparatus of claim 18, wherein positions of filter taps of the filter shape include a position of the sample.
14. The apparatus of claim 12, wherein positions of the filter taps of the first filter shape configuration include a position of the sample.
Claim Interpretation
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. MPEP 2111.05 III. For example, if 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.” Id. However, if the claim recites that the computer-readable medium merely serves as a support for information or data, no functional relationship exists and the information or data is not given patentable weight. Id.
At present claims 1 – 8 are directed to “a non-transitory computer readable storage medium storing a video media bitstream encoded by an encoding method”, the encoding method comprising a plurality of steps. While the encoding method may be performed by an intended computer, the encoding method is not stored on the non-transitory computer readable storage medium. Rather, only resulting bitstream data is stored on the computer readable storage medium. It is the bitstream itself, therefore, that must have a functional relationship. Because there are no recitations of the bitstream causing an intended computer to perform some function, Examiner finds that there is no disclosed or claimed functional relationship between the stored bitstream and the medium. Instead, the medium is merely a support or carrier for the bitstream being stored. Therefore, the bitstream stored and the way such bitstream is decoded are not given patentable weight. As such, claims 1 - 8 are subject to a prior art rejection based on any non-transitory computer readable storage medium known before the earliest effective filing date of the present application.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 - 8 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hu et al. (US 2021/0076032) (hereinafter Hu), as cited by applicant.
Regarding claims 1 – 8:
As discussed above, claims 1 - 8 have been interpreted as nonfunctional descriptive material under MPEP 2111.05(III) and associated case law cited therein because claims 1 - 8 recites “a non-transitory computer readable storage medium storing a video media bitstream encoded by an encoding method.” As such, claims 1 - 8 are subject to a prior art rejection based on any non-transitory computer readable storage medium known before the earliest effective filing date of the present application. In other words, the proper interpretation of claims 1 - 8 is merely a machine-readable media in which the media is merely support or carrier for the bitstream being stored wherein the bitstream stored and the way such bitstream is encoded should not be given patentable weight. Hu teaches a computer readable storage medium storing a bitstream comprising video information (Hu, e.g. Fig. 1, element 112, and pars. 33 - 34: depicting and describing a computer readable storage medium storing encoded video data, wherein encoded video data is the equivalent of the bitstream).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHANIKA M BRUMFIELD whose telephone number is (571)270-3700. The examiner can normally be reached M-F 8:30 - 5 PM AWS.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Czekaj can be reached at 571-272-7327. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
SHANIKA M. BRUMFIELD
Examiner
Art Unit 2487
/SHANIKA M BRUMFIELD/ Examiner, Art Unit 2487
/Dave Czekaj/ Supervisory Patent Examiner, Art Unit 2487
Prosecution Insights