CTNF 19/266,124 CTNF 91288 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority This application discloses and claims only subject matter disclosed in prior Application No. 17/442,912, filed 09/24/2021, and names the inventor or at least one joint inventor named in the prior application. Accordingly, this application constitutes a continuation. The presentation of a benefit claim may result in an additional fee under 37 CFR 1.17(w)(1) or (2) being required, if the earliest filing date for which benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c) and 1.78(d) in the application is more than six years before the actual filing date of the application. Information Disclosure Statement The information disclosure statement (IDS) submitted on 03/25/2026 was considered by the examiner. Drawings 06-37 AIA The drawings were received on 07/10/2025 . These drawings are acceptable . Double Patenting 08-33 AIA 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. 08-36 AIA Claim s 1-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-15 of U.S. Patent No. 11,997,256 B2 in view of Ko et al. US 2021/0037259 A1, hereafter Ko . Instant Application 19/266,124 Claim 1 U.S. Patent 11,997,256 B2 Claim 1 A method, comprising: obtaining most probable mode (MPM) flag information related to whether an intra prediction mode for a current block is derived based on MPM candidates for the current block and multi-reference line (MRL) index information for at least one reference sample line for intra prediction of the current block from a bitstream; An image decoding method performed by a decoding apparatus , comprising: obtaining most probable mode (MPM) flag information related to whether an intra prediction mode for a current block is derived based on MPM candidates for the current block and multi-reference line (MRL) index information for at least one reference sample line for intra prediction of the current block from a bitstream; deriving the intra prediction mode for the current block based on the MPM flag information and the MRL index information; deriving the intra prediction mode for the current block, based on the MPM flag information and the MRL index information; deriving prediction samples for the current block based on the intra prediction mode for the current block; and deriving prediction samples for the current, block based on the intra prediction mode for the current block; and generating a reconstructed picture based on the prediction samples, wherein the MPM candidates for the current block are derived based on intra prediction modes of neighboring blocks including a left neighboring block and a top neighboring block, wherein based on a value of the MRL index information being equal to 0, the MPM flag information is obtained from the bitstream, wherein based on a value of the MPM flag information being equal to 1 and the value of the MRL index information being equal to 0, planar flag information indicating whether the intra prediction mode for the current block is a planar mode is obtained from the bitstream, and wherein the intra prediction mode of the current block is derived based on a value of the planar flag information. generating a reconstructed picture, based on the prediction samples , wherein based on a value of the MPM flag information being equal to 1 and a value of the MRL index information being equal to 0, planar flag information indicating whether the intra prediction mode for the current block is a planar mode is obtained from the bitstream, and wherein the intra prediction mode of the current block is derived based on a value of the planar flag information. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of the instant application differs from claim 1 of the U.S. Patent in that the instant application includes the MPM candidates for the current block are derived based on intra prediction modes of neighboring blocks including a left neighboring block and a top neighboring block. However, this is well known in the art as disclosed by Ko, which is in the same field of endeavor (intra prediction modes of a plurality of blocks neighboring to the left or upper boundary of the current block may be referenced to configure the MPM list) [0092]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the prediction mode of neighboring blocks of a current block, as disclosed by Ko, the motivation being efficiency [0004]. Instant Application 19/266,124 Claim 2 U.S. Patent 11,997,256 B2 Claim 2 The method of claim 1, wherein based on the value of the planar flag information indicating that the intra prediction mode for the current block is the planar mode, the intra prediction mode for the current block is derived as the planar mode. The image decoding method of claim 1, wherein based on the value of the planar flag information indicating that the intra prediction mode for the current block is the planar mode, the intra prediction mode for the current block is derived as the planar mode. Instant Application 19/266,124 Claim 3 U.S. Patent 11,997,256 B2 Claim 3 The method of claim 1, wherein based on the value of the planar flag information indicating that the intra prediction mode for the current block is not the planar mode, MPM index information related to one of the MPM candidates from which the planar mode has been excluded is obtained from the bitstream, and wherein the intra prediction mode for the current block is derived based on a value of the MPM index information. The image decoding method of claim 1, wherein based on the value of the planar flag information indicating that the intra prediction mode for the current block is not the planar mode, MPM index information related to one of the MPM candidates from which the planar mode has been excluded is obtained from the bitstream, and wherein the intra prediction mode for the current block is derived based on a value of the MPM index information. Instant Application 19/266,124 Claim 4 U.S. Patent 11,997,256 B2 Claim 4 The method of claim 3, wherein a number of the MPM candidates for the current block from which the planar mode has been excluded is five. The image decoding method of claim 3, wherein a number of the MPM candidates for the current block from which the planar mode has been excluded is five. Instant Application 19/266,124 Claim 5 U.S. Patent 11,997,256 B2 Claim 5 The method of claim 1, wherein based on the value of the MRL index information being not equal to 0, MPM index information related to one of the MPM candidates from which the planar mode has been excluded is obtained from the bitstream without obtaining the planar flag information from the bitstream, and wherein the intra prediction mode for the current block is derived based on the MPM candidates from which the planar mode has been excluded and a value of the MPM index information. The image decoding method of claim 1, wherein based on the value of the MRL index information being not equal to 0, MPM index information related to one of the MPM candidates from which the planar mode has been excluded is obtained from the bitstream without obtaining the planar flag information from the bitstream, and wherein the intra prediction mode for the current block is derived based on the MPM candidates from which the planar mode has been excluded and a value of the MPM index information. Instant Application 19/266,124 Claim 6 U.S. Patent 11,997,256 B2 Claim 6 The method of claim 1, further comprising: obtaining intra subpartitions mode flag information for the current block from the bitstream,wherein the value of the planar flag information is derived based on a context model for a bin associated with the planar flag information, wherein the context model for the bin associated with the planar flag information is derived based on a context index increment (ctxlnc), and wherein a value of the context index increment is determined based on a value of the intra subpartitions mode flag information. The image decoding method of claim 1, further comprising: obtaining intra subpartitions mode flag information for the current block from the bitstream, wherein the value of the planar flag information is derived based on a context model for a bin associated with the planar flag information, wherein the context model for the bin associated with the planar flag information is derived based on a context index increment (ctxInc), and wherein a value of the context index increment is determined based on a value of the intra subpartitions mode flag information. Instant Application 19/266,124 Claim 7 U.S. Patent 11,997,256 B2 Claim 7 The method of claim 6, wherein based on the value of the intra subpartitions mode flag information being equal to 0, the value of the context index increment is determined to be 1, and wherein based on the value of the intra subpartitions mode flag information being equal to 1, the value of the context index increment is determined to be 0. The image decoding method of claim 6, wherein based on the value of the intra subpartitions mode flag information being equal to 0, the value of the context index increment is determined to be 1, and wherein based on the value of the intra subpartitions mode flag information being equal to 1, the value of the context index increment is determined to be 0. Instant Application 19/266,124 Claim 8 U.S. Patent 11,997,256 B2 Claim 8 A method, comprising: deriving an intra prediction mode for a current block; An image encoding method performed by an encoding apparatus, comprising: deriving an intra prediction mode for a current block; generating multi-reference line (MRL) index information related to at least one reference sample line for intra prediction of the current block; generating multi-reference line (MRL) index information for at least one reference sample line for intra prediction of the current block; generating most probable mode (MPM) flag information related to whether the intra prediction mode for the current block is derived based on MPM candidates for the current block; and generating most probable mode (MPM) flag information related to whether the intra prediction mode for the current block is derived based on MPM candidates for the current block; and encoding image information including at least one of the MPM flag information or the MRL index information,wherein the MPM candidates for the current block are derived based on intra prediction modes of neighboring blocks including a left neighboring block and a top neighboring block,wherein based on a value of the MRL index information being equal to 0, the MPM flag information is encoded into a bitstream, andwherein based on a value of the MPM flag information being equal to 1 and the value of the MRL index information being equal to 0, planar flag information indicating whether the intra prediction mode for the current block is a planar mode is encoded into the bitstream. encoding image information including at least one of the MPM flag information, the MRL index information, or planar flag information, wherein based on a value of the MPM flag information being equal to 1 and a value of the MRL index information being equal to 0, the planar flag information indicating whether the intra prediction mode for the current block is a planar mode is generated and included in the image information. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 8 of the instant application differs from claim 8 of the U.S. Patent in that the instant application includes the MPM candidates for the current block are derived based on intra prediction modes of neighboring blocks including a left neighboring block and a top neighboring block. However, this is well known in the art as disclosed by Ko, which is in the same field of endeavor (intra prediction modes of a plurality of blocks neighboring to the left or upper boundary of the current block may be referenced to configure the MPM list) [0092]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the prediction mode of neighboring blocks of a current block, as disclosed by Ko, the motivation being efficiency [0004]. Instant Application 19/266,124 Claim 9 U.S. Patent 11,997,256 B2 Claim 9 The method of claim 8, wherein based on the value of the planar flag information indicating that the intra prediction mode for the current block is not the planar mode, MPM index information related to one of the MPM candidates for the current block from which the planar mode has been excluded is encoded into the bitstream. The image encoding method of claim 8, wherein based on the value of the planar flag information indicating that the intra prediction mode for the current block is not the planar mode, MPM index information related to one of the MPM candidates for the current block from which the planar mode has been excluded is generated and included in the image information. Instant Application 19/266,124 Claim 10 U.S. Patent 11,997,256 B2 Claim 10 The method of claim 9, wherein a number of the MPM candidates for the current block from which the planar mode has been excluded is five. The image encoding method of claim 9, wherein a number of the MPM candidates for the current block from which the planar mode has been excluded is five. Instant Application 19/266,124 Claim 11 U.S. Patent 11,997,256 B2 Claim 11 The method of claim 8, wherein based on the value of the MRL index information being not equal to 0, the intra prediction mode for the current block is derived based on one of the MPM candidates from which the planar mode has been excluded, and wherein MPM index information related to the one of the MPM candidates for the current block from which the planar mode has been excluded is encoded without encoding the planar flag information. The image encoding method of claim 8, wherein based on the value of the MRL index information being not equal to 0, the intra prediction mode for the current block is derived based on one of the MPM candidates from which the planar mode has been excluded, and wherein MPM index information related to the one of the MPM candidates for the current block from which the planar mode has been excluded is generated without generating the planar flag information. Instant Application 19/266,124 Claim 12 U.S. Patent 11,997,256 B2 Claim 12 The method of claim 8, further comprising: generating intra subpartitions mode flag information for the current block, wherein the value of the planar flag information is represented based on a context model for a bin associated with the planar flag information, wherein the context model for the bin associated with the planar flag information is derived based on a context index increment (ctxInc), andwherein a value of the context index increment is determined based on a value of the intra subpartitions mode flag information. The image encoding method of claim 8, further comprising: generating intra subpartitions mode flag information for the current block, wherein the value of the planar flag information is represented based on a context model for a bin associated with the planar flag information, wherein the context model for the bin associated with the planar flag information is derived based on a context index increment (ctxInc), and wherein a value of the context index increment is determined based on a value of the intra subpartitions mode flag information. Instant Application 19/266,124 Claim 13 U.S. Patent 11,997,256 B2 Claim 13 The method of claim 12, wherein based on the value of the intra subpartitions mode flag information being equal to 0, the value of the context index increment is determined to be 1, and wherein based on the value of the intra subpartitions mode flag information being equal to 1, the value of the context index increment is determined to be 0. The image encoding method of claim 12, wherein based on the value of the intra subpartitions mode flag information being equal to 0, the value of the context index increment is determined to be 1, and wherein based on the value of the intra subpartitions mode flag information being equal to 1, the value of the context index increment is determined to be 0. Instant Application 19/266,124 Claim 14 U.S. Patent 11,997,256 B2 Claim 15 A method, comprising: obtaining a bitstream for an image information, wherein the bitstream is generated by deriving an intra prediction mode for a current block, generating multi-reference line (MRL) index information related to at least one reference sample line for intra prediction of the current block, generating most probable mode (MPM) flag information related to whether the intra prediction mode for the current block is derived based on MPM candidates for the current block, and encoding the image information including at least one of the MPM flag information or the MRL index information; and transmitting data including the bitstream, wherein the MPM candidates for the current block are derived based on intra prediction modes of neighboring blocks including a left neighboring block and a top neighboring block, wherein based on a value of the MRL index information being equal to 0, the MPM flag information is encoded into the bitstream, and wherein based on a value of the MPM flag information being equal to I and the value of the MRL index information being equal to 0, planar flag information indicating whether the intra prediction mode for the current block is a planar mode is encoded into the bitstream. A transmission method of data for image information, comprising: obtaining a bitstream for the image information, wherein the bitstream is generated by deriving an intra prediction mode for a current block, generating multi-reference line (MRL) index information for at least one reference sample line for intra prediction of the current block, generating most probable mode (MPM) flag information related to whether the intra prediction mode for the current block is derived based on MPM candidates for the current block, and encoding the image information including at least one of the MPM flag information or the MRL index information; and transmitting the data including the bitstream, wherein based on a value of the MPM flag information being equal to 1 and a value of the MRL index information being equal to 0, planar flag information indicating whether the intra prediction mode for the current block is a planar mode is generated and included in the image information. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 14 of the instant application differs from claim 15 of the U.S. Patent in that the instant application includes the MPM candidates for the current block are derived based on intra prediction modes of neighboring blocks including a left neighboring block and a top neighboring block. However, this is well known in the art as disclosed by Ko, which is in the same field of endeavor (intra prediction modes of a plurality of blocks neighboring to the left or upper boundary of the current block may be referenced to configure the MPM list) [0092]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the prediction mode of neighboring blocks of a current block, as disclosed by Ko, the motivation being efficiency [0004] . Allowable Subject Matter Claims 1-14 would be allowable if rewritten or amended to overcome the double patenting rejections set forth in this Office action. The prior art fails to disclose the conditions required for obtaining planar flag information indicating an intra prediction mode for a current block and all subsequent conditions required by the claim language. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure : Lim et al. US 11,218,704 B2 discloses left and top neighboring blocks for an MPM list. Choi et al. US 2021/0105464 A1 discloses MPM list creation based on two prediction modes of neighboring blocks . Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEFAN GADOMSKI whose telephone number is (571)270-5701. The examiner can normally be reached Monday - Friday, 12-8PM EST. 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STEFAN GADOMSKI Primary Examiner Art Unit 2485 /STEFAN GADOMSKI/Primary Examiner, Art Unit 2485 Application/Control Number: 19/266,124 Page 2 Art Unit: 2485 Application/Control Number: 19/266,124 Page 3 Art Unit: 2485 Application/Control Number: 19/266,124 Page 4 Art Unit: 2485 Application/Control Number: 19/266,124 Page 5 Art Unit: 2485 Application/Control Number: 19/266,124 Page 6 Art Unit: 2485 Application/Control Number: 19/266,124 Page 7 Art Unit: 2485 Application/Control Number: 19/266,124 Page 8 Art Unit: 2485 Application/Control Number: 19/266,124 Page 9 Art Unit: 2485 Application/Control Number: 19/266,124 Page 10 Art Unit: 2485 Application/Control Number: 19/266,124 Page 11 Art Unit: 2485 Application/Control Number: 19/266,124 Page 12 Art Unit: 2485 Application/Control Number: 19/266,124 Page 13 Art Unit: 2485 Application/Control Number: 19/266,124 Page 14 Art Unit: 2485 Application/Control Number: 19/266,124 Page 15 Art Unit: 2485 Application/Control Number: 19/266,124 Page 16 Art Unit: 2485 Application/Control Number: 19/266,124 Page 17 Art Unit: 2485
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