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 .
Status of the Claims
Claims 1-12 are currently pending in this application.
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 1-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 7, 9, 11, 13-15, 17, and 19 of U.S. Patent No. 12407861 B2 in view of Chen et al. (US 20130343465 A1, hereinafter Chen).
Instant Invention
US Patent No. 12407861 B2
1. A method of decoding implemented by a video decoder, comprising:
receiving a multi-layer video bitstream including multiple coded pictures within a same access unit, wherein each coded picture of the multiple coded pictures is contained in one layer access unit of multiple layer access units, wherein each layer access unit of the multiple layer access units includes a picture header (PH) network abstraction layer (NAL) unit preceding a first video coding layer (VCL) NAL unit, wherein the first VCL NAL unit includes a slice of a coded picture, wherein the PH NAL unit has a PH NAL unit type (PH_NUT), wherein the PH NAL unit is a non-VCL NAL unit, and wherein a value of TemporalId for non-VCL NAL units is constrained as follows:
when nal_unit_type is equal to dependency parameter set NAL unit type (DPS_NUT), video parameter set NAL unit type (VPS_NUT), or sequence parameter set NAL unit type (SPS_NUT), temporal identifier (TemporalId) is equal to 0 and the TemporalId of the layer access unit containing the NAL unit shall be equal to 0; and
when the nal_unit_type is equal to PH_NUT, TemporalId shall be equal to the TemporalId of the layer access unit containing the NAL unit; and
decoding the coded picture from the layer access unit to obtain a decoded picture.
4. A method of encoding implemented by a video encoder, the method comprising:
generating a layer access unit including a picture header (PH) network abstraction layer (NAL) unit preceding a first video coding layer (VCL) NAL unit, wherein the first VCL NAL unit includes a slice of a coded picture, wherein the PH NAL unit has a PH NAL unit type (PH_NUT), wherein the PH NAL unit is a non-VCL NAL unit, and wherein a value of TemporalId for non-VCL NAL units is constrained as follows:
when nal_unit_type is equal dependency parameter set NAL unit type (DPS_NUT), video parameter set NAL unit type (VPS_NUT), or sequence parameter set NAL unit type (SPS_NUT), temporal identifier (TemporalId) is equal to 0 and the TemporalId of the layer access unit containing the NAL unit shall be equal to 0; and
when the nal_unit_type is equal to PH_NUT, TemporalId shall be equal to the TemporalId of the layer access unit containing the NAL unit; and
encoding the layer access unit into a video bitstream, wherein the video bitstream is a multi-layer video bitstream including multiple coded pictures within a same access unit, wherein each coded picture of the multiple coded pictures is contained in one layer access unit of multiple layer access units; and
storing the video bitstream for communication toward a video decoder.
6. A decoding device, comprising:
a receiver configured to receive a multi-layer video bitstream including multiple coded pictures within a same access unit, wherein each coded picture of the multiple coded pictures is contained in one layer access unit of multiple layer access units, wherein each layer access unit of the multiple layer access units includes a picture header (PH) network abstraction layer (NAL) unit preceding a first video coding layer (VCL) NAL unit, wherein the first VCL NAL unit includes a slice of a coded picture, wherein the PH NAL unit has a PH NAL unit type (PH_NUT), wherein the PH NAL unit is a non-VCL NAL unit, and wherein a value of TemporalId for non-VCL NAL units is constrained as follows:
when nal_unit_type is equal to dependency parameter set NAL unit type (DPS_NUT), video parameter set NAL unit type (VPS_NUT), or sequence parameter set NAL unit type (SPS_NUT), temporal identifier (TemporalId) is equal to 0 and the TemporalId of the layer access unit containing the NAL unit shall be equal to 0; and
when the nal_unit_type is equal to PH_NUT, TemporalId shall be equal to the TemporalId of the layer access unit containing the NAL unit;
a memory coupled to the receiver, the memory storing instructions; and
a processor coupled to the memory, the processor configured to execute the instructions to cause the decoding device to decode each coded picture from the one layer access unit to obtain a decoded picture.
9. An encoding device, comprising:
a memory containing instructions;
a processor coupled to the memory, the processor configured to implement the instructions to cause the encoding device to:
generate a layer access unit including a picture header (PH) network abstraction layer (NAL) unit preceding a first video coding layer (VCL) NAL unit, wherein the first VCL NAL unit includes a slice of a coded picture, wherein the PH NAL unit has a PH NAL unit type (PH_NUT), wherein the PH NAL unit is a non-VCL NAL unit, and wherein a value of TemporalId for non-VCL NAL units is constrained as follows:
when nal_unit_type is equal to dependency parameter set NAL unit type (DPS_NUT), video parameter set NAL unit type (VPS_NUT), or sequence parameter set NAL unit type (SPS_NUT), temporal identifier (TemporalId) is equal to 0 and the TemporalId of the layer access unit containing the NAL unit shall be equal to 0; and
when the nal_unit_type is equal to PH_NUT, TemporalId shall be equal to the TemporalId of the layer access unit containing the NAL unit; and
encode the layer access unit into a video bitstream, wherein the video bitstream is a multi-layer video bitstream including multiple coded pictures within a same access unit, wherein each coded picture of the multiple coded pictures is contained in one layer access unit of multiple layer access units; and
a transmitter coupled to the processor, the transmitter configured to transmit the video bitstream toward a video decoder.
11. A non-transitory computer-readable storage medium storing instructions that, when executed by one or more processors, cause a video processing apparatus to:
generate a layer access unit including a picture header (PH) network abstraction layer (NAL) unit preceding a first video coding layer (VCL) NAL unit, wherein the first VCL NAL unit includes a slice of a coded picture, wherein the PH NAL unit has a PH NAL unit type (PH_NUT), wherein the PH NAL unit is a non-VCL NAL unit, and wherein a value of TemporalId for non-VCL NAL units is constrained as follows:
when nal_unit_type is equal to dependency parameter set NAL unit type (DPS_NUT), video parameter set NAL unit type (VPS_NUT), or sequence parameter set NAL unit type (SPS_NUT), temporal identifier (TemporalId) is equal to 0 and the TemporalId of the layer access unit containing the NAL unit shall be equal to 0; and
when the nal_unit_type is equal to PH_NUT, TemporalId shall be equal to the TemporalId of the layer access unit containing the NAL unit; and
encoding the layer access unit into a video bitstream, wherein the video bitstream is a multi-layer video bitstream including multiple coded pictures within a same access unit, wherein each coded picture of the multiple coded pictures is contained in one layer access unit of multiple layer access units; and
store the video bitstream for communication toward a video decoder.
1. A method of decoding implemented by a video decoder, comprising:
receiving a video bitstream including a picture unit (PU), the PU including a picture header (PH) network abstraction layer (NAL) unit preceding a first video coding layer (VCL) NAL unit, wherein the first VCL NAL unit includes a slice of a coded picture, wherein the PH NAL unit is a non-VCL NAL unit, and wherein a value of a temporal identifier (TemporalId) for non-VCL NAL units is constrained as follows:
(the concept of receiving a multi-layer video bitstream is obvious in view of Chen and used in the context of scalable coding (see fig. 4 & ¶0159))
when a NAL unit type (nal_unit_type) is equal to dependency parameter set NAL unit type (DPS_NUT), video parameter set NAL unit type (VPS_NUT), or sequence parameter set NAL unit type (SPS_NUT), the temporal identifier for the non-VCL NAL units is equal to 0 and a temporal identifier of the PU containing the NAL unit shall be equal to 0, and
when the nal_unit type is equal to PH NAL unit type (PH_NUT), the temporal identifier for the non-VCL NAL units shall be equal to the temporal identifier of the PU containing the NAL unit; and
decoding the coded picture from the PU to obtain a decoded picture.
9. A method of encoding implemented by a video encoder, the method comprising:
generating a picture unit (PU) including a picture header (PH) network abstraction layer (NAL) unit preceding a first video coding layer (VCL) NAL unit, wherein the first VCL NAL unit includes a slice of a coded picture, wherein the PH NAL unit is a non-VCL NAL unit, and wherein a value of a temporal identifier (TemporalId) for non-VCL NAL units is constrained as follows:
when a NAL unit type (nal_unit_type) is equal to dependency parameter set NAL unit type (DPS_NUT), video parameter set NAL unit type (VPS_NUT), or sequence parameter set NAL unit type (SPS_NUT), the temporal identifier for the non-VCL NAL units is equal to 0 and a temporal identifier of the PU containing the NAL unit shall be equal to 0, and
when the nal_unit type is equal to PH NAL unit type (PH_NUT), the temporal identifier for the non-VCL NAL units shall be equal to the temporal identifier of the PU containing the NAL unit;
encoding the PU into a video bitstream; and
(the concept of a multi-layer video bitstream is obvious in view of Chen and used in the context of scalable coding (see fig. 4 & ¶0159))
storing the video bitstream for communication toward a video decoder.
13. A decoding device, comprising:
a receiver configured to receive a video bitstream including a picture unit (PU), the PU including a picture header (PH) network abstraction layer (NAL) unit preceding a first video coding layer (VCL) NAL unit, wherein the first VCL NAL unit includes a slice of a coded picture, wherein the PH NAL unit is a non-VCL NAL unit, and wherein a value of a temporal identifier (TemporalId) for non-VCL NAL units is constrained as follows:
(the concept of receiving a multi-layer video bitstream is obvious in view of Chen and used in the context of scalable coding (see fig. 4 & ¶0159))
when a NAL unit type (nal_unit_type) is equal to dependency parameter set NAL unit type (DPS_NUT), video parameter set NAL unit type (VPS_NUT), or sequence parameter set NAL unit type (SPS_NUT), the temporal identifier for the non-VCL NAL units is equal to 0 and a temporal identifier of the PU containing the NAL unit shall be equal to 0, and
when the nal_unit type is equal to PH NAL unit type (PH_NUT), the temporal identifier for the non-VCL NAL units shall be equal to the temporal identifier of the PU containing the NAL unit;
a memory coupled to the receiver, the memory storing instructions; and
one or more processors coupled to the memory, the one or more processors configured to execute the instructions to cause the decoding device to decode the coded picture from the PU to obtain a decoded picture.
17. An encoding device, comprising:
a memory containing instructions;
one or more processors coupled to the memory, the one or more processors configured to implement the instructions to cause the encoding device to:
generate a picture unit (PU) including a picture header (PH) network abstraction layer (NAL) unit preceding a first video coding layer (VCL) NAL unit, wherein the first VCL NAL unit includes a slice of a coded picture, wherein the PH NAL unit is a non-VCL NAL unit, and wherein a value of a temporal identifier (Temporalld) for non-VCL NAL units is constrained as follows:
when a NAL unit type (nal_unit_type) is equal to dependency parameter set NAL unit type (DPS_NUT), video parameter set NAL unit type (VPS_NUT), or sequence parameter set NAL unit type (SPS_NUT), the temporal identifier for the non-VCL NAL units is equal to 0 and a temporal identifier of the PU containing the NAL unit shall be equal to 0, and
when the nal_unit type is equal to PH NAL unit type (PH_NUT), the temporal identifier for the non-VCL NAL units shall be equal to the temporal identifier of the PU containing the NAL unit;
encode the PU into a video bitstream; and
(the concept of a multi-layer video bitstream is obvious in view of Chen and used in the context of scalable coding (see fig. 4 & ¶0159))
a transmitter coupled to the one or more processors, the transmitter configured to transmit the video bitstream toward a video decoder.
9. A method of encoding implemented by a video encoder, the method comprising:
(Different statutory classes, but not patentably distinct)
generating a picture unit (PU) including a picture header (PH) network abstraction layer (NAL) unit preceding a first video coding layer (VCL) NAL unit, wherein the first VCL NAL unit includes a slice of a coded picture, wherein the PH NAL unit is a non-VCL NAL unit, and wherein a value of a temporal identifier (TemporalId) for non-VCL NAL units is constrained as follows:
when a NAL unit type (nal_unit_type) is equal to dependency parameter set NAL unit type (DPS_NUT), video parameter set NAL unit type (VPS_NUT), or sequence parameter set NAL unit type (SPS_NUT), the temporal identifier for the non-VCL NAL units is equal to 0 and a temporal identifier of the PU containing the NAL unit shall be equal to 0, and
when the nal_unit type is equal to PH NAL unit type (PH_NUT), the temporal identifier for the non-VCL NAL units shall be equal to the temporal identifier of the PU containing the NAL unit;
encoding the PU into a video bitstream; and
(the concept of a multi-layer video bitstream is obvious in view of Chen and used in the context of scalable coding (see fig. 4 & ¶0159))
storing the video bitstream for communication toward a video decoder.
Dependent claim 2 is analogous to dependent claim 3 of US 12407861 B2.
Dependent claim 3 is analogous to dependent claim 7 of US 12407861 B2.
Dependent claim 5 is analogous to dependent claim 11 of US 12407861 B2.
Dependent claim 7 is analogous to dependent claim 14 of US 12407861 B2.
Dependent claim 8 is analogous to dependent claim 15 of US 12407861 B2.
Dependent claim 10 is analogous to dependent claim 19 of US 12407861 B2.
Dependent claim 12 is analogous to dependent claim 11 of US 12407861 B2 except for being directed towards different statutory classes.
Claims 1-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 7 and 11 of U.S. Patent No. 12407861 B2 in view of Chen et al. (US 20130343465 A1, hereinafter Chen).
Instant Invention
US Patent No. 12407870 B2
1. A method of decoding implemented by a video decoder, comprising:
receiving a multi-layer video bitstream including multiple coded pictures within a same access unit, wherein each coded picture of the multiple coded pictures is contained in one layer access unit of multiple layer access units, wherein each layer access unit of the multiple layer access units includes a picture header (PH) network abstraction layer (NAL) unit preceding a first video coding layer (VCL) NAL unit, wherein the first VCL NAL unit includes a slice of a coded picture, wherein the PH NAL unit has a PH NAL unit type (PH_NUT), wherein the PH NAL unit is a non-VCL NAL unit, and wherein a value of TemporalId for non-VCL NAL units is constrained as follows:
when nal_unit_type is equal to dependency parameter set NAL unit type (DPS_NUT), video parameter set NAL unit type (VPS_NUT), or sequence parameter set NAL unit type (SPS_NUT), temporal identifier (TemporalId) is equal to 0 and the TemporalId of the layer access unit containing the NAL unit shall be equal to 0; and
when the nal_unit_type is equal to PH_NUT, TemporalId shall be equal to the TemporalId of the layer access unit containing the NAL unit; and
decoding the coded picture from the layer access unit to obtain a decoded picture.
4. A method of encoding implemented by a video encoder, the method comprising:
generating a layer access unit including a picture header (PH) network abstraction layer (NAL) unit preceding a first video coding layer (VCL) NAL unit, wherein the first VCL NAL unit includes a slice of a coded picture, wherein the PH NAL unit has a PH NAL unit type (PH_NUT), wherein the PH NAL unit is a non-VCL NAL unit, and wherein a value of TemporalId for non-VCL NAL units is constrained as follows:
when nal_unit_type is equal to dependency parameter set NAL unit type (DPS_NUT), video parameter set NAL unit type (VPS_NUT), or sequence parameter set NAL unit type (SPS_NUT), temporal identifier (TemporalId) is equal to 0 and the TemporalId of the layer access unit containing the NAL unit shall be equal to 0; and
when the nal_unit_type is equal to PH_NUT, TemporalId shall be equal to the TemporalId of the layer access unit containing the NAL unit; and
encoding the layer access unit into a video bitstream, wherein the video bitstream is a multi-layer video bitstream including multiple coded pictures within a same access unit, wherein each coded picture of the multiple coded pictures is contained in one layer access unit of multiple layer access units; and
storing the video bitstream for communication toward a video decoder.
6. A decoding device, comprising:
a receiver configured to receive a multi-layer video bitstream including multiple coded pictures within a same access unit, wherein each coded picture of the multiple coded pictures is contained in one layer access unit of multiple layer access units, wherein each layer access unit of the multiple layer access units includes a picture header (PH) network abstraction layer (NAL) unit preceding a first video coding layer (VCL) NAL unit, wherein the first VCL NAL unit includes a slice of a coded picture, wherein the PH NAL unit has a PH NAL unit type (PH_NUT), wherein the PH NAL unit is a non-VCL NAL unit, and wherein a value of TemporalId for non-VCL NAL units is constrained as follows:
when nal_unit_type is equal to dependency parameter set NAL unit type (DPS_NUT), video parameter set NAL unit type (VPS_NUT), or sequence parameter set NAL unit type (SPS_NUT), temporal identifier (TemporalId) is equal to 0 and the TemporalId of the layer access unit containing the NAL unit shall be equal to 0; and
when the nal_unit_type is equal to PH_NUT, TemporalId shall be equal to the TemporalId of the layer access unit containing the NAL unit;
a memory coupled to the receiver, the memory storing instructions; and
a processor coupled to the memory, the processor configured to execute the instructions to cause the decoding device to
decode each coded picture from the one layer access unit to obtain a decoded picture.
9. An encoding device, comprising:
a memory containing instructions;
a processor coupled to the memory, the processor configured to implement the instructions to cause the encoding device to:
generate a layer access unit including a picture header (PH) network abstraction layer (NAL) unit preceding a first video coding layer (VCL) NAL unit, wherein the first VCL NAL unit includes a slice of a coded picture, wherein the PH NAL unit has a PH NAL unit type (PH_NUT), wherein the PH NAL unit is a non-VCL NAL unit, and wherein a value of TemporalId for non-VCL NAL units is constrained as follows:
when nal_unit_type is equal to dependency parameter set NAL unit type (DPS_NUT), video parameter set NAL unit type (VPS_NUT), or sequence parameter set NAL unit type (SPS_NUT), temporal identifier (TemporalId) is equal to 0 and the TemporalId of the layer access unit containing the NAL unit shall be equal to 0; and
when the nal_unit_type is equal to PH_NUT, TemporalId shall be equal to the TemporalId of the layer access unit containing the NAL unit; and
encode the layer access unit into a video bitstream, wherein the video bitstream is a multi-layer video bitstream including multiple coded pictures within a same access unit, wherein each coded picture of the multiple coded pictures is contained in one layer access unit of multiple layer access units; and
a transmitter coupled to the processor, the transmitter configured to transmit the video bitstream toward a video decoder.
11. A non-transitory computer-readable storage medium storing instructions that, when executed by one or more processors, cause a video processing apparatus to:
generate a layer access unit including a picture header (PH) network abstraction layer (NAL) unit preceding a first video coding layer (VCL) NAL unit, wherein the first VCL NAL unit includes a slice of a coded picture, wherein the PH NAL unit has a PH NAL unit type (PH_NUT), wherein the PH NAL unit is a non-VCL NAL unit, and wherein a value of TemporalId for non-VCL NAL units is constrained as follows:
when nal_unit_type is equal to dependency parameter set NAL unit type (DPS_NUT), video parameter set NAL unit type (VPS_NUT), or sequence parameter set NAL unit type (SPS_NUT), temporal identifier (TemporalId) is equal to 0 and the TemporalId of the layer access unit containing the NAL unit shall be equal to 0; and
when the nal_unit_type is equal to PH_NUT, TemporalId shall be equal to the TemporalId of the layer access unit containing the NAL unit; and
encoding the layer access unit into a video bitstream, wherein the video bitstream is a multi-layer video bitstream including multiple coded pictures within a same access unit, wherein each coded picture of the multiple coded pictures is contained in one layer access unit of multiple layer access units; and
store the video bitstream for communication toward a video decoder.
1. A non-transitory computer readable medium comprising a computer program product for use by a video coding device, the computer program product comprising computer executable instructions stored on the non-transitory computer readable medium such that when executed by a processor cause the video coding device to:
(Different statutory classes, but not patentably distinct)
receive a video bitstream including a picture unit (PU), the PU including a picture header (PH) network abstraction layer (NAL) unit preceding a first video coding layer (VCL) NAL unit, wherein the first VCL NAL unit includes a slice of a coded picture, wherein the PH NAL unit is a non-VCL NAL unit, and wherein a value of a temporal identifier (TemporalId) for non-VCL NAL units is constrained as follows:
(the concept of receiving a multi-layer video bitstream is obvious in view of Chen and used in the context of scalable coding (see fig. 4 & ¶0159))
when a NAL unit type (nal_unit_type) is equal to dependency parameter set NAL unit type (DPS_NUT), video parameter set NAL unit type (VPS_NUT), or sequence parameter set NAL unit type (SPS_NUT), the temporal identifier for the non-VCL NAL units is equal to 0 and a temporal identifier of the PU containing the NAL unit shall be equal to 0, and
when the nal_unit_type is equal to PH NAL unit type (PH_NUT), the temporal identifier for the non-VCL NAL units shall be equal to the temporal identifier of the PU containing the NAL unit; and
decode the coded picture from the PU to obtain a decoded picture.
9. A non-transitory computer readable medium comprising a computer program product for use by a video coding device, the computer program product comprising computer executable instructions stored on the non-transitory computer readable medium such that when executed by a processor cause the video coding device to:
(Different statutory classes, but not patentably distinct)
generate a picture unit (PU) including a picture header (PH) network abstraction layer (NAL) unit preceding a first video coding layer (VCL) NAL unit, wherein the first VCL NAL unit includes a slice of a coded picture, wherein the PH NAL unit is a non-VCL NAL unit, and wherein a value of a temporal identifier (TemporalId) for non-VCL NAL units is constrained as follows:
when a NAL unit type (nal_unit_type) is equal to dependency parameter set NAL unit type (DPS_NUT), video parameter set NAL unit type (VPS_NUT), or sequence parameter set NAL unit type (SPS_NUT), the temporal identifier for the non-VCL NAL units is equal to 0 and a temporal identifier of the PU containing the NAL unit shall be equal to 0, and
when the nal_unit_type is equal to PH NAL unit type (PH_NUT), the temporal identifier for the non-VCL NAL units shall be equal to the temporal identifier of the PU containing the NAL unit;
encoding the PU into a video bitstream; and
(the concept of a multi-layer video bitstream is obvious in view of Chen and used in the context of scalable coding (see fig. 4 & ¶0159))
store the video bitstream for communication toward a video decoder.
1. A non-transitory computer readable medium comprising a computer program product for use by a video coding device, the computer program product comprising computer executable instructions stored on the non-transitory computer readable medium such that when executed by a processor cause the video coding device to:
(Different statutory classes, but not patentably distinct)
receive a video bitstream including a picture unit (PU), the PU including a picture header (PH) network abstraction layer (NAL) unit preceding a first video coding layer (VCL) NAL unit, wherein the first VCL NAL unit includes a slice of a coded picture, wherein the PH NAL unit is a non-VCL NAL unit, and wherein a value of a temporal identifier (TemporalId) for non-VCL NAL units is constrained as follows:
(the concept of receiving a multi-layer video bitstream is obvious in view of Chen and used in the context of scalable coding (see fig. 4 & ¶0159))
when a NAL unit type (nal_unit_type) is equal to dependency parameter set NAL unit type (DPS_NUT), video parameter set NAL unit type (VPS_NUT), or sequence parameter set NAL unit type (SPS_NUT), the temporal identifier for the non-VCL NAL units is equal to 0 and a temporal identifier of the PU containing the NAL unit shall be equal to 0, and
when the nal_unit_type is equal to PH NAL unit type (PH_NUT), the temporal identifier for the non-VCL NAL units shall be equal to the temporal identifier of the PU containing the NAL unit; and
decode the coded picture from the PU to obtain a decoded picture.
9. A non-transitory computer readable medium comprising a computer program product for use by a video coding device, the computer program product comprising computer executable instructions stored on the non-transitory computer readable medium such that when executed by a processor cause the video coding device to:
(Different statutory classes, but not patentably distinct)
generate a picture unit (PU) including a picture header (PH) network abstraction layer (NAL) unit preceding a first video coding layer (VCL) NAL unit, wherein the first VCL NAL unit includes a slice of a coded picture, wherein the PH NAL unit is a non-VCL NAL unit, and wherein a value of a temporal identifier (TemporalId) for non-VCL NAL units is constrained as follows:
when a NAL unit type (nal_unit_type) is equal to dependency parameter set NAL unit type (DPS_NUT), video parameter set NAL unit type (VPS_NUT), or sequence parameter set NAL unit type (SPS_NUT), the temporal identifier for the non-VCL NAL units is equal to 0 and a temporal identifier of the PU containing the NAL unit shall be equal to 0, and
when the nal_unit_type is equal to PH NAL unit type (PH_NUT), the temporal identifier for the non-VCL NAL units shall be equal to the temporal identifier of the PU containing the NAL unit;
encoding the PU into a video bitstream; and
(the concept of a multi-layer video bitstream is obvious in view of Chen and used in the context of scalable coding (see fig. 4 & ¶0159))
store the video bitstream for communication toward a video decoder.
9. A non-transitory computer readable medium comprising a computer program product for use by a video coding device, the computer program product comprising computer executable instructions stored on the non-transitory computer readable medium such that when executed by a processor cause the video coding device to:
generate a picture unit (PU) including a picture header (PH) network abstraction layer (NAL) unit preceding a first video coding layer (VCL) NAL unit, wherein the first VCL NAL unit includes a slice of a coded picture, wherein the PH NAL unit is a non-VCL NAL unit, and wherein a value of a temporal identifier (TemporalId) for non-VCL NAL units is constrained as follows:
when a NAL unit type (nal_unit_type) is equal to dependency parameter set NAL unit type (DPS_NUT), video parameter set NAL unit type (VPS_NUT), or sequence parameter set NAL unit type (SPS_NUT), the temporal identifier for the non-VCL NAL units is equal to 0 and a temporal identifier of the PU containing the NAL unit shall be equal to 0, and
when the nal_unit_type is equal to PH NAL unit type (PH_NUT), the temporal identifier for the non-VCL NAL units shall be equal to the temporal identifier of the PU containing the NAL unit;
encoding the PU into a video bitstream; and
(the concept of a multi-layer video bitstream is obvious in view of Chen and used in the context of scalable coding (see fig. 4 & ¶0159))
store the video bitstream for communication toward a video decoder.
Dependent claim 2 is analogous to dependent claim 3 of US 12407870 B2 except for being directed towards different statutory classes.
Dependent claim 3 is analogous to dependent claim 7 of US 12407870 B2 except for being directed towards different statutory classes.
Dependent claim 5 is analogous to dependent claim 11 of US 12407870 B2 except for being directed towards different statutory classes.
Dependent claim 7 is analogous to dependent claim 2 of US 12407870 B2 except for being directed towards different statutory classes.
Dependent claim 8 is analogous to dependent claim 3 of US 12407870 B2 except for being directed towards different statutory classes.
Dependent claim 10 is analogous to dependent claim 11 of US 12407870 B2 except for being directed towards different statutory classes.
Dependent claim 12 is analogous to dependent claim 11 of US 12407870 B2.
Response to Arguments
Applicant’s arguments, see page 8 of the remarks, filed 07/21/2026, with respect to the objections to claims 1-12 have been fully considered and are persuasive. The objections have been withdrawn.
Applicant’s arguments, see pages 8-11 of the remarks, filed 07/21/2026, with respect to the double patenting rejections of claims 1-12 as being unpatentable over U.S. Patent No. 12,407,861 B2 in view of US 2013/0343465 (Chen) have been fully considered, but they are not persuasive.
In the response, the Applicant argues
“However, the Examiner has not established that pending claim 1, which recites a multi-layer video bitstream including multiple coded pictures within a same access unit and multiple layer access units within that same access unit, is patentably indistinct from Chen claim 1, which recites a video bitstream including a picture unit (PU).”…
As shown above, in the pending claims independent claim 1 recites receiving "a multi- layer video bitstream including multiple coded pictures within a same access unit," where "each coded picture of the multiple coded pictures is contained in one layer access unit of multiple layer access units." Claim 1 further recites that each layer access unit includes a PH NAL unit preceding a first VCL NAL unit, and that the TemporalId constraints are defined with respect to the layer access unit containing the NAL unit. Thus, claim 1 is directed to a multi-layer access-unit structure in which multiple coded pictures are present within the same access unit.
In contrast, Chen claim 1 recites receiving "a video bitstream including a picture unit (PU), the PU including a picture header (PH) network abstraction layer (NAL) unit preceding a first video coding layer (VCL) NAL unit." Chen's claim 1 therefore uses a PU-based structure. Pending claim 1 uses different claim language: a "same access unit" containing "multiple coded pictures," with each coded picture contained in one "layer access unit" of "multiple layer access units." This access-unit/layer-access-unit structure is materially different from the PU-based structure recited in Chen claim 1.”
It should be noted that the Applicant’s arguments are not explicitly clear because the Applicant appears to refer to the Patent (i.e., U.S. Patent No. 12,407,861 B2) as “Chen”, but does not address the prior art Chen et al. (i.e., US 2013/0343465 A1) here. The examiner notes that U.S. Patent No. 12,407,861 B2 is from Hendry et al., wherein one of the inventors listed is Jianle Chen. In not addressing Chen et al. (i.e., US 2013/0343465 A1) in this portion, Applicant's arguments are against the references individually. One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Chen et al. (i.e., US 2013/0343465 A1) is relied upon for establishing the obviousness of multi-layer video bitstreams used in the context of scalable coding. As mentioned in the previous rejection, figure 4 and ¶159, of Chen, show that multi-layer video bitstream encoding used in the context of scalable coding is well-known. These citations further indicate that multiple layers are associated with the same access unit (AU).
The Applicant further alleges
“The distinction is confirmed by the present specification. Paragraph [0052] discloses that an access unit is a set of one or more coded pictures associated with the same display time. The pending claim does not merely substitute one label for another. It expressly requires a "same access unit" that includes "multiple coded pictures," and further requires that each coded picture is contained in one "layer access unit" of "multiple layer access units." Accordingly, the presently claimed access-unit/layer-access-unit structure is not the same as the PU-based structure recited in Chen's claim 1.
The Examiner fails to provide an adequate rationale for modifying the PU-based structure of Chen claim 1 to arrive at the access-unit/layer-access-unit structure recited in pending claim 1. Indeed, the Examiner states only that "the concept of receiving a multi-layer video bitstream is obvious in view of Chen and used in the context of scalable coding." However, that statement does not explain why one of ordinary skill in the art would modify Chen's claim 1 PU-based TemporalId constraints so that they apply to each layer access unit within a same access unit containing multiple coded pictures. Nor does the Examiner explain why the PU recited in Chen's claim 1 would be substituted for, or treated as equivalent to, the claimed same access unit and multiple layer access units.
For at least these reasons, the Examiner has failed to sufficiently demonstrate that pending claim l's access-unit/layer-access-unit structure is patentably indistinct from Chen claim 1's PU- based structure, even in view of Chen. Therefore, the Applicant respectfully submits that the pending claims are patentably distinct and requests withdrawal of the nonstatutory double patenting rejection.”
Again, the remarks are not explicitly clear because of Applicant’s use of “Chen” in referring to the Patent and not addressing the cited portions of Chen et al. (US 2013/0343465 A1). It appears the only mentioning of Chen et al. (i.e., US 2013/0343465 A1) is possibly in the statement “For at least these reasons, the Examiner has failed to sufficiently demonstrate that pending claim l's access-unit/layer-access-unit structure is patentably indistinct from Chen claim 1's PU- based structure, even in view of Chen.”, however, there is no mention of the specific contents cited by the examiner. As mentioned above, Chen et al. (i.e., US 2013/0343465 A1) is relied upon for establishing the obviousness of multi-layer video bitstreams used in the context of scalable coding. As mentioned in the previous rejection, figure 4 and ¶159, of Chen, show that multi-layer video bitstream encoding used in the context of scalable coding is well-known. These citations further indicate that multiple layers are associated with the same access unit (AU).
The examiner is open to a telephone conference with Applicant’s representative in order to expedite prosecution of this application as it appears this issue may be due to minor informalities.
Claims 1-12 were further rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 7 and 11 of U.S. Patent No. 12,407,870 B2 in view of US 2013/0343465 (Chen). This rejection appears to not have been addressed by the Applicant, therefore, the rejection is maintained.
Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references (e.g., U.S. Patent No. 12,407,870 B2 in view of US 2013/0343465 (Chen)).
As mentioned above, the examiner is open to a telephone conference with Applicant’s representative in order to expedite prosecution of this application as it appears this issue may be due to minor informalities.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES M ANDERSON II whose telephone number is (571)270-1444. The examiner can normally be reached Monday - Friday 10AM-6PM.
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/James M Anderson II/Primary Examiner, Art Unit 2425
