DETAILED ACTION
1. The communication is in response to the application received 07/09/2025, wherein claims 1-16 are pending and are examined as follows. This application is a continuation of Parent Application No. 17/738,720 (now U.S. Patent No. 12,389,040 B2), which is a continuation of Parent Application No. 16/905,455 (now U.S. Patent No. 11,356,704 B2), which is a continuation of Parent Application No. 16/232,675 (now U.S. Patent No. 10,735,770 B2).
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Examiner’s notes
3. Upon examination of independent claim 9 (“A non-transitory computer-readable storage medium storing a video bitstream that is generated by a video encoding method…”), this is a product by process claim limitation where the product is a bitstream and the process is the method steps to generate the bitstream. MPEP §2113 recites “Product-by-Process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps”. Thus, the scope of the claim is the storage medium storing the bitstream (with the structure implied by the method steps). The structure includes the information and samples manipulated by the steps. “To be given patentable weight, the printed matter and associated product must be in a functional relationship. A functional relationship can be found where the printed matter performs some function with respect to the product to which it is associated”. MPEP §2111.05(I)(A). When a claimed “computer-readable medium merely serves as a support for information or data, no functional relationship exists. MPEP §2111.05(III). The storage medium storing the claimed bitstream in claim 9 merely serves as a support for the storage of the bitstream and provides no functional relationship between the stored bitstream and storage medium. Therefore the structure bitstream, which scope is implied by the method steps, is non-functional descriptive material and given no patentable weight. MPEP §2111.05(III). Thus, the claim scope is just a storage medium storing data and is anticipated by any prior art which recites a storage medium storing a bitstream. Please see details below with respect to the prior art rejections of claims 9-16 under 35 U.S.C. 102.
4. For the same reasons presented in the Notice of Allowance (04/30/2025) for Parent Application 17/738,720 (now U.S. Patent No. 12,389,040 B2), the closest prior art (notably Amon, Xiu, Ugur, and Wang) do not reasonably teach and/or suggest, either alone or in combination, all of the disclosed features of the instant claims given their broadest reasonable interpretation (BRI). Other than the prior art rejections of claims 9-16 referenced above, no further prior art rejections have been made in light of the foregoing.
Double Patenting
5. 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 5-7, 9-12, and 14 of U.S. Patent No.12,389,040 B2, hereinafter referred to as 040. Although the claims at issue are not identical, they are not patentably distinct from each other because the patented claims of 040 anticipate the instant claims of this application, where both are directed to using high layer syntax architecture for video coding. Please refer to table 1 below which illustrates the mapping between both claim sets.
**Note: No nonstatutory double patenting rejections are made over the patented claims of Parent Application No. 16/905,455 (now U.S. Patent No. 11,356,704 B2) and Parent Application No. 16/232,675 (now U.S. Patent No. 10,735,770 B2), since these claims are directed to decoding and activating, by a decoder, a single Decoder Parameter Set (DPS) pertaining to all video sequences of the video stream.
Table 1
**Note: The items below that are BOLD/UNDERLINED in the Instant Application/Patented claims, respectively, indicate differences in the claim limitation.
Instant Application 19/264,688
US Patent No. 12,389,040 B2
(17/738,720)
Claim 1
A method of video media bitstream generation, the method comprising: generating a video bitstream that includes at least two coded video sequences, the generating including: obtaining video data to be converted to the video bitstream, wherein each coded video sequence of the at least two coded video sequences includes at least two different coded pictures associated with two different presentation times, and wherein the at least two coded video sequences includes a first coded video sequence and a second coded video sequence; determining decoding information for the video bitstream including one or more decoding flags; determining a video parameter set (VPS) pertaining to the at least two coded video sequences; determining respective sequence parameter sets for the at least two coded video sequences, wherein the respective sequence parameter sets include a first sequence parameter set (SPS) corresponding to the first coded video sequence and a second SPS corresponding to the second coded video sequence, and wherein the first SPS differs from the second SPS in at least one value; encoding a first picture from the video data in accordance with the decoding information, the VPS, the first SPS, and a first parameter of a first Picture Header corresponding to the first picture; and encoding a second picture in accordance with the decoding information, the VPS, the second SPS, and a second parameter of a second Picture Header; transmitting the video bitstream, including: signaling the first parameter as a first syntax in the first Picture Header and signaling the second parameter as a second syntax in the second Picture Header; and signaling the first encoded picture in the first coded video sequence of the video bitstream and the second encoded picture in the second coded video sequence of the video bitstream.
Claim 9
A method of video encoding, the method comprising: receiving video data to be converted to a coded video stream that includes at least two coded video sequences, wherein each coded video sequence of the at least two coded video sequences includes at least two different coded pictures associated with two different presentation times, and wherein the at least two coded video sequences includes a first coded video sequence and a second coded video sequence;
determining decoding information for the coded video stream including one or more decoding flags; determining a video parameter set (VPS) pertaining to the at least two coded video sequences; determining respective sequence parameter sets for the at least two coded video sequences, wherein the respective sequence parameter sets include a first sequence parameter set (SPS) corresponding to the first coded video sequence and a second SPS corresponding to the second coded video sequence,
and wherein the first SPS differs from the second SPS in at least one value; encoding a first picture from the video data in accordance with the decoding information, the VPS, the first SPS, and a first parameter of a first Picture Header corresponding to the first picture; encoding a second picture in accordance with the decoding information, the VPS, the second SPS, and a second parameter of a second Picture Header; signaling the first parameter as a first syntax in the first Picture Header and signaling the second parameter as a second syntax in the second Picture Header; and signaling the first encoded picture in the first coded video sequence of the coded video stream and the second encoded picture in the second coded video sequence of the coded video stream.
Claim 2
The method of claim 1, wherein the video bitstream includes a syntax structure that includes the decoding information, the VPS, the first SPS, and a fragmentation unit header.
Claim 10
The method of claim 9, wherein the coded video stream includes a syntax structure that includes the decoding information, the VPS, the first SPS, and a fragmentation unit header.
Claim 3
The method of claim 2, wherein the syntax structure does not include a Slice Header.
Claim 5
The method of claim 3, wherein the syntax structure does not include a Slice Header.
Claim 4
The method of claim 2, wherein the syntax structure includes at least one Tile Header.
Claim 6
The method of claim 3, wherein the syntax structure includes at least one Tile Header.
Claim 5
The method of claim 1, wherein the first Picture Header and a picture parameter set (PPS) are on a same syntactical level.
Claim 11
The method of claim 9, wherein the first Picture Header and a picture parameter set (PPS) are on a same syntactical level.
Claim 6
The method of claim 1, wherein the first Picture Header is on a lower syntactical level than the VPS and the first SPS.
Claim 12
The method of claim 9, wherein the first Picture Header is on a lower syntactical level than the VPS and the first SPS.
Claim 7
The method of claim 1, wherein the decoding information is on a higher syntactical level than the VPS.
Claim 7
The method of claim 1, wherein the decoding information is on a higher syntactical level than the VPS.
Claim 8
The method of claim 1, wherein the decoding information comprises content that stays constant until an end of stream condition occurs.
Claim 14
The method of claim 9, wherein the decoding information comprises content that stays constant until an end of stream condition occurs.
Claim 9
A non-transitory computer-readable storage medium storing a video bitstream that is generated by a video encoding method, the video bitstream comprising: at least two coded video sequences, wherein each coded video sequence of the at least two coded video sequences includes at least two different coded pictures associated with two different presentation times, and wherein the at least two coded video sequences includes a first coded video sequence and a second coded video sequence; a first syntax in a first Picture Header indicating a first parameter; a second syntax in a second Picture Header indicating a second parameter; a first picture in the first coded video sequence; and a second picture in the second coded video sequence; and wherein the video encoding method comprises: obtaining video data to be converted to the video bitstream; determining decoding information for the video bitstream including one or more decoding flags; determining a video parameter set (VPS) pertaining to the at least two coded video sequences; determining respective sequence parameter sets for the at least two coded video sequences, wherein the respective sequence parameter sets include a first sequence parameter set (SPS) corresponding to the first coded video sequence and a second SPS corresponding to the second coded video sequence, and wherein the first SPS differs from the second SPS in at least one value; encoding the first picture from the video data in accordance with the decoding information, the VPS, the first SPS, and the first parameter of the first Picture Header corresponding to the first picture; and encoding the second picture in accordance with the decoding information, the VPS, the second SPS, and the second parameter of the second Picture Header.
Note – This is similar to instant claim 1 except this recites “A non-transitory computer-readable storage medium storing a video bitstream that is generated by a video encoding method”
See claim 9 of 040 above.
Claim 9 recites a video encoding method that generates encoded video data. Although the claims of 040 do not disclose a non-transitory computer-readable storage medium for storing said data, this is deemed within the level of skill in the art in the field of video coding.
Claim 10
The non-transitory computer-readable storage medium of claim 9, wherein the video bitstream includes a syntax structure that includes the decoding information, the VPS, the first SPS, and a fragmentation unit header.
See claim 10 of 040.
Claim 11
The non-transitory computer-readable storage medium of claim 10, wherein the syntax structure does not include a Slice Header.
See claim 5 of 040.
Claim 12
The non-transitory computer-readable storage medium of claim 10, wherein the syntax structure includes at least one Tile Header.
See claim 6 of 040.
Claim 13
The non-transitory computer-readable storage medium of claim 9, wherein the first Picture Header and a picture parameter set (PPS) are on a same syntactical level.
See claim 11 of 040.
Claim 14
The non-transitory computer-readable storage medium of claim 9, wherein the first Picture Header is on a lower syntactical level than the VPS and the first SPS.
See claim 12 of 040.
Claim 15
The non-transitory computer-readable storage medium of claim 9, wherein the decoding information is on a higher syntactical level than the VPS.
See claim 7 of 040.
Claim 16
The non-transitory computer-readable storage medium of claim 9, wherein the decoding information comprises content that stays constant until an end of stream condition occurs.
See claim 14 of 040.
Claim Rejections - 35 USC § 102
6. 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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.
Claims 9-16 are further rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Regunathan et al. US 9,571,840 B2, hereinafter referred to as Regunathan, since this is a product by process claim limitation where the product is a bitstream and the process is the method steps to generate the bitstream (MPEP §2113). For the reasons previously presented, the storage medium storing the claimed bitstream in claims 9-16 merely serve as a support for the storage of the bitstream and provides no functional relationship between the stored bitstream and storage medium. Thus, the claim scope is just a storage medium storing data and is anticipated by Regunathan below which recites a storage medium storing a bitstream.
Regarding claim 9. Given the broadest reasonable interpretation (BRI) of the following limitations, Regunathan discloses and/or suggests “A non-transitory computer-readable storage medium storing a video bitstream that is generated by a video encoding method [See claim 33 which recites a computer-readable storage medium having stored thereon encoded data in a bitstream for video…the encoded data including…], the video bitstream comprising: at least two coded video sequences, wherein each coded video sequence of the at least two coded video sequences includes at least two different coded pictures associated with two different presentation times, and wherein the at least two coded video sequences includes a first coded video sequence and a second coded video sequence; a first syntax in a first Picture Header indicating a first parameter; a second syntax in a second Picture Header indicating a second parameter; a first picture in the first coded video sequence; and a second picture in the second coded video sequence; and wherein the video encoding method comprises: obtaining video data to be converted to the video bitstream; determining decoding information for the video bitstream including one or more decoding flags; determining a video parameter set (VPS) pertaining to the at least two coded video sequences; determining respective sequence parameter sets for the at least two coded video sequences, wherein the respective sequence parameter sets include a first sequence parameter set (SPS) corresponding to the first coded video sequence and a second SPS corresponding to the second coded video sequence, and wherein the first SPS differs from the second SPS in at least one value; encoding the first picture from the video data in accordance with the decoding information, the VPS, the first SPS, and the first parameter of the first Picture Header corresponding to the first picture; and encoding the second picture in accordance with the decoding information, the VPS, the second SPS, and the second parameter of the second Picture Header.” [The aforementioned limitation is not given patentable weight for the reasons previously discussed. See MPEP §2111.05(III)]
To help advance prosecution, it is recommended that “A non-transitory computer-readable storage medium storing a video bitstream that is generated by a video encoding method…” be rewritten to also include instructions executed by a processor which cause the processor to perform the encoding method that generates the bitstream.
Regarding claims 10-16, claims 10-16 depend on claim 9 above and therefore include its bitstream limitation as noted above. Thus, for the reasons given, claims 10-16 are also rejected under 35 U.S.C. 102(a)(1) and 102(a)(2).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see PTO 892 for additional references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD A HANSELL JR. whose telephone number is (571)270-0615. The examiner can normally be reached Mon - Fri 10 am- 7 pm.
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/RICHARD A HANSELL JR./Primary Examiner, Art Unit 2486
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