DETAILED ACTION
This action is in response to application 19/261,330 filed on 07/07/2025.
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
3. 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).
4. Claims 1-6 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-6 of U.S. Patent No. 11,943,445 B2 in view of Zhao et al. (“Zhao”) (US Pub. No.: 2020/0389666 A1).
Furthermore, although the conflicting claims at issue are not identical, they are not patentably distinct from each other because U.S. Patent No.: 11,943,445 B2 claims:
Instant Application: 19/261,330
Note: bold and underlined fonts means same features between instant application and conflicting appl.
Conflicting Application: 17/985,507
→ now US Patent No.: 11,943,445 B2
Claim [1]: An image decoding method performed by a decoding apparatus, the method comprising: receiving image information comprising residual information and an LFNST index from a bitstream; deriving transform coefficients by performing dequantization based on the residual information; deriving a flag variable array related to whether an LFNST is applied to a current block based on the LFNST index; deriving modified transform coefficients by performing the LFNST based on the flag variable array and the transform coefficients; and deriving residual samples by performing an inverse primary transform based on the modified transform coefficients, wherein the flag variable array is defined as a one-dimensional array, wherein flag variables included in the flag variable array are derived for each color component of the current block, wherein the flag variable array includes a first flag variable for a luma component, a second flag variable for a Cb component and a third flag variable for a Cr component, wherein the dequantization is performed based on a scaling list, and wherein whether to apply the scaling list for the each color component of the current block is determined based on a value of a flag variable allocated for the each color component in the flag variable array.
Claim [1]: An image decoding method performed by a decoding apparatus, the method comprising: receiving image information comprising residual information and an LFNST index from a bitstream; deriving transform coefficients by performing dequantization based on the residual information; deriving a flag variable array related to whether an LFNST is applied to a current block based on the LFNST index; and performing the LFNST based on the flag variable array and the transform coefficients, wherein the flag variable array is defined as a one-dimensional array, wherein flag variables included in the flag variable array are derived for each color component of the current block, wherein the flag variable array includes a first flag variable for a luma component, a second flag variable for a Cb component and a third flag variable for a Cr component, wherein the first flag variable is set to 1 and the second flag variable and the third flag variable are set to 0, based on a tree type of the current block being a single tree and a value of the LFNST index being greater than 0, wherein the first flag variable is set to 1 based on a tree type of the current block being a dual tree luma and the value of the LFNST index being greater than 0, wherein the second flag variable and the third flag variable are set to 1 based on a tree type of the current block being a dual tree chroma and a value of the LFNST index being greater than 0, wherein the dequantization is performed based on a scaling list, and wherein whether to apply the scaling list for the each color component of the current block is determined based on a value of a flag variable allocated for the each color component in the flag variable array.
Claim [2]: The image decoding method of claim 1, wherein the LFNST is performed on a chroma component of the current block based on a tree type of the current block being a single tree and a color format of the current block being 4:4:4.
Claim [2]: The image decoding method of claim 1, wherein the LFNST is performed on a chroma component of the current block based on a tree type of the current block being a single tree and a color format of the current block being 4:4:4.
Claim [3]: An image encoding method performed by an encoding apparatus, the method comprising: deriving prediction samples for a current block; deriving residual samples for the current block based on the prediction samples; deriving transform coefficients by performing a primary transform on the residual samples; deriving a flag variable array related to whether an LFNST is applied to the current block; deriving modified transform coefficients by performing the LFNST based on the flag variable array and the transform coefficients; deriving quantized transform coefficients by performing quantization on the modified transform coefficients; and encoding and outputting image information comprising an LFNST index generated based on the flag variable array and the quantized transform coefficients, wherein the flag variable array is defined as a one-dimensional array, wherein flag variables included in the flag variable array are derived for each color component of the current block, and wherein the flag variable array is derived for each color component of the current block, wherein the flag variable array includes a first flag variable for a luma component, a second flag variable for a Cb component and a third flag variable for a Cr component, wherein the quantization is performed based on a scaling list, and wherein whether to apply the scaling list for the each color component of the current block is determined based on a value of a flag variable allocated for the each color component in the flag variable array.
Claim [3]: An image encoding method performed by an encoding apparatus, the method comprising: deriving prediction samples for a current block; deriving residual samples for the current block based on the prediction samples; deriving transform coefficients by performing a primary transform on the residual samples; deriving a flag variable array related to whether an LFNST is applied to the current block; performing the LFNST based on the flag variable array and the transform coefficients; performing quantization on the transform coefficients; and encoding and outputting image information comprising an LFNST index generated based on the flag variable array and the quantized transform coefficients, wherein the flag variable array is defined as a one-dimensional array, wherein flag variables included in the flag variable array are derived for each color component of the current block, and wherein the flag variable array is derived for each color component of the current block, wherein the flag variable array includes a first flag variable for a luma component, a second flag variable for a Cb component and a third flag variable for a Cr component, wherein the first flag variable is set to 1 and the second flag variable and the third flag variable are set to 0, based on a tree type of the current block being a single tree and a value of the LFNST index being greater than 0, wherein the first flag variable is set to 1 based on a tree type of the current block being a dual tree luma and the value of the LFNST index being greater than 0, wherein the second flag variable and the third flag variable are set to 1 based on a tree type of the current block being a dual tree chroma and a value of the LFNST index being greater than 0, wherein the quantization is performed based on a scaling list, and wherein whether to apply the scaling list for the each color component of the current block is determined based on a value of a flag variable allocated for the each color component in the flag variable array.
Claim [4]: The image decoding method of claim 3, wherein the LFNST is performed on a chroma component of the current block based on a tree type of the current block being a single tree and a color format of the current block being 4:4:4.
Claim [4]: The image decoding method of claim 3, wherein the LFNST is performed on a chroma component of the current block based on a tree type of the current block being a single tree and a color format of the current block being 4:4:4.
Claim [5]: A non-transitory computer-readable digital storage medium for storing a bitstream generated by the image encoding method of claim 3.
Claim [5]: A non-transitory computer-readable digital storage medium for storing a bitstream generated by the image encoding method of claim 3.
Claim [6]: A method for transmitting data for image information comprising: deriving prediction samples for a current block; deriving residual samples for the current block based on the prediction samples; deriving transform coefficients by performing a primary transform on the residual samples; deriving a flag variable array related to whether an LFNST is applied to the current block; deriving modified transform coefficients by performing the LFNST based on the flag variable array and the transform coefficients; deriving quantized transform coefficients by performing quantization on the modified transform coefficients; and encoding and outputting the image information comprising an LFNST index generated based on the flag variable array and the quantized transform coefficients, wherein the flag variable array is defined as a one-dimensional array, wherein flag variables included in the flag variable array are derived for each color component of the current block, wherein the flag variable array includes a first flag variable for a luma component, a second flag variable for a Cb component and a third flag variable for a Cr component, wherein the quantization is performed based on a scaling list, and wherein whether to apply the scaling list for the each color component of the current block is determined based on a value of a flag variable allocated for the each color component in the flag variable array.
Claim [6]: A method for transmitting data for image information comprising: deriving prediction samples for a current block; deriving residual samples for the current block based on the prediction samples; deriving transform coefficients by performing a primary transform on the residual samples; deriving a flag variable array related to whether an LFNST is applied to the current block; performing the LFNST based on the flag variable array and the transform coefficients; performing quantization on the transform coefficients; and encoding and outputting the image information comprising an LFNST index generated based on the flag variable array and the quantized transform coefficients, wherein the flag variable array is defined as a one-dimensional array, wherein flag variables included in the flag variable array are derived for each color component of the current block, wherein the flag variable array includes a first flag variable for a luma component, a second flag variable for a Cb component and a third flag variable for a Cr component, wherein the first flag variable is set to 1 and the second flag variable and the third flag variable are set to 0, based on a tree type of the current block being a single tree and a value of the LFNST index being greater than 0, wherein the first flag variable is set to 1 based on a tree type of the current block being a dual tree luma and the value of the LFNST index being greater than 0, wherein the second flag variable and the third flag variable are set to 1 based on a tree type of the current block being a dual tree chroma and a value of the LFNST index being greater than 0, wherein the quantization is performed based on a scaling list, and wherein whether to apply the scaling list for the each color component of the current block is determined based on a value of a flag variable allocated for the each color component in the flag variable array.
However, examiner notes that Zhao et al. (“Zhao”) (US Pub. No.: 2020/0389666 A1) teaches the unique limitations in the instant application regarding an image decoding and encoding method (see abstract) performed by a decoding (see fig. 4) and encoding apparatus (see fig. 5), a method for transmitting data (see fig. 5 unit 540) for image information (see paragraph [0090]) comprising: receiving (see fig. 6 unit 625) image information (see paragraph [0090]) comprising residual information (see paragraph [0109]) and an LFNST index (see paragraphs [0222] and [0231]) from a bitstream (see paragraph [0109]); deriving transform coefficients (see paragraph [0133]) based on residual information (see paragraph [0109]); deriving prediction samples (see paragraph [0013]) for a current block (see fig. 1C unit 111, paragraphs [0206-0207]); deriving residual samples (see paragraphs [0072] and [0208]) for the current block (see fig. 1C unit 111, paragraphs [0206-0207]) based on the prediction samples (see paragraph [0013]); deriving transform coefficients (see paragraph [0133]) by performing a primary transform (see fig. 9 and/or fig. 10, e.g. “forward primary transform”) on the residual samples (see paragraphs [0072] and [0208]); and encoding (see fig. 5) and outputting (see fig. 5 unit 540) image information (see paragraph [0087] and [0090], e.g. “video data”).
Therefore, it 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 could recognize the advantage of providing an image decoding and encoding method and device based on low-frequency non-separable transform LFNST by modifying Koo’s teachings in the present US Patent No.: 11,943,445 B2 for the purpose of wherein the first flag variable is set to 1 based on a tree type of the current block being a dual tree luma and the value of the LFNST index being greater than 0, wherein the second flag variable and the third flag variable are set to 1 based on a tree type of the current block being a dual tree chroma and a value of the LFNST index being greater than 0, thereby improving compression efficiency.
Allowable Subject Matter
5. The following is a statement of reasons for the indication of allowable subject matter:
Claims 1-6 of the instant application would be allowable provided obviousness type double patenting rejection above is overcome.
Conclusion
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zhao et al. (US Pub. No.: 2015/0030067 A1) discloses method and apparatus for coded block flag coding in high efficiency video coding.
Joshi et al. (US Pub. No.: 2014/0092983 A1) discloses coded block flag coding for 4:2:2 sample format in video coding.
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Richard Carter whose telephone number is (571)270-1220. The examiner can normally be reached on M-F 8:30 am - 5:00 pm.
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/R.B.C/Examiner, Art Unit 2485
/JAYANTI K PATEL/Supervisory Patent Examiner, Art Unit 2485
September 10, 2026
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