DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of U.S. Patent No. US 12395657 B2 (reference patent). Although the claims at issue are not identical, they are not patentably distinct from each other because
Consider application claim 1, claim 1 of reference patent discloses a method implemented by a decoder, the method comprising: receiving a bitstream comprising a target output layer set (OLS), wherein a sub-bitstream extraction process has removed a scalable nesting supplemental enhancement information (SEI) network abstraction layer (NAL) unit that contains a scalable nesting SEI message from the bitstream when no scalable-nested SEI messages in the scalable nesting SEI message reference the target OLS and when the scalable-nested SEI messages apply to specific OLSs, wherein no scalable-nested SEI messages reference the target OLS when the scalable nesting SEI message includes no index (i) value in a range of zero to a scalable nesting number of OLSs minus one (num_olss_minus1), inclusive, such that an ith nesting OLS index (NestingOlsIdx [i]) is equal to a target OLS index (targetOlsIdx) associated with the target OLS, wherein the sub-bitstream extraction process is performed by a hypothetical reference decoder (HRD), wherein the bitstream further comprises a decoding unit HRD parameters present flag, wherein the decoding unit HRD parameters present flag is set to one when the HRD operates at an access unit (AU) level or a decoding unit (DU) level, wherein the decoding unit HRD parameters present flag is set to zero when the HRD operates at the AU level, wherein an operation point (OP) under test (targetOp) is selected based on the target OLS with an OP OLS index (opOlsIdx) and with a highest OP temporal identifier value (opTid), and wherein opOlsIdx is a value constrained to a range of 0 to a total number of OLSs (TotalNumOlss)−1, inclusive; and decoding a picture from the target OLS.
Claims of reference paten disclose all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 2, claim 2 of reference patent discloses the scalable-nested SEI messages apply to specific OLSs when a scalable nesting OLS flag is set to one.
Claims of reference paten disclose all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 3, claim 3 of reference patent discloses the scalable nesting num_olss_minus1 specifies a number of OLSs to which the scalable nesting SEI message applies, and wherein a value of scalable nesting num_olss_minus1 is constrained to a range of zero to the TotalNumOlss−1, inclusive.
Claims of reference paten disclose all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 4, claim 3 of reference patent discloses the scalable nesting num_olss_minus1 specifies a number of OLSs to which the scalable nesting SEI message applies, and wherein a value of scalable nesting num_olss_minus1 is constrained to a range of zero to the TotalNumOlss−1, inclusive.
Claims of reference paten disclose all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 5, claim 4 of reference patent discloses the targetOlsIdx identifies an OLS index of the target OLS.
Claims of reference paten disclose all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 6, claim 5 of reference patent discloses an ith nesting OLS index (NestingOlsIdx [i]) specifies an OLS index of an ith OLS to which the scalable-nested SEI messages apply when the scalable nesting OLS flag is set to one.
Claims of reference paten disclose all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 7, claim 6 of reference patent discloses a method implemented by an encoder, the method comprising: encoding a bitstream comprising one or more output layer sets (OLSs); performing, by a hypothetical reference decoder (HRD) operating on the encoder, a sub-bitstream extraction process to extract a target OLS from the OLSs, wherein the bitstream further comprises a decoding unit HRD parameters present flag, wherein the decoding unit HRD parameters present flag is set to one when the HRD operates at an access unit (AU) level or a decoding unit (DU) level, and wherein the decoding unit HRD parameters present flag is set to zero when the HRD operates at the AU level; removing from the bitstream, by the HRD, a supplemental enhancement information (SEI) network abstraction layer (NAL) unit that contains a scalable nesting SEI message when no scalable-nested SEI messages in the scalable nesting SEI message reference the target OLS and when the scalable-nested SEI messages apply to specific OLSs, wherein no scalable-nested SEI messages reference the target OLS when the scalable nesting SEI message includes no index (i) value in a range of zero to a scalable nesting number of OLSs minus one (num_olss_minus1), inclusive, such that an ith nesting OLS index (NestingOlsIdx [i]) is equal to a target OLS index (targetOlsIdx) associated with the target OLS; selecting an operation point (OP) as an OP under test (targetOp) based on the target OLS with an OP OLS index (opOlsIdx) and a highest OP temporal identifier value (opTid), wherein opOlsIdx is a value constrained to a range of 0 to a total number of OLSs (TotalNumOlss)−1, inclusive; and performing, by the HRD, a set of bitstream conformance tests on the target OLS.
Claims of reference paten disclose all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 8, claim 7 of reference patent discloses the scalable-nested SEI messages apply to the specific OLSs when a scalable nesting OLS flag is set to one.
Claims of reference paten disclose all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 9, claim 8 of reference patent discloses the scalable nesting num_olss_minus1 specifies a number of OLSs to which the scalable nesting SEI message applies.
Claims of reference paten disclose all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 10, claim 9 of reference patent discloses a value of scalable nesting num_olss_minus1 is constrained to a range of zero to the TotalNumOlss−1, inclusive.
Claims of reference paten disclose all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 11, claim 10 of reference patent discloses the targetOlsIdx identifies an OLS index of the target OLS.
Claims of reference paten disclose all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 12, claim 11 of reference patent discloses an ith nesting OLS index (NestingOlsIdx [i]) specifies an OLS index of an ith OLS to which the scalable-nested SEI messages apply when the scalable nesting OLS flag is set to one.
Claims of reference paten disclose all the limitations in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 13, application claim 13 recites a non-transitory computer-readable medium storing a bitstream and one or more instructions executable by at least one processor to perform operations recited in application claim 7. Thus, it is rejected for the same reasons.
Consider application claim 14, application claim 14 recites a non-transitory computer-readable medium storing a bitstream and one or more instructions executable by at least one processor to perform operations recited in application claim 8. Thus, it is rejected for the same reasons.
Consider application claim 15, application claim 15 recites a non-transitory computer-readable medium storing a bitstream and one or more instructions executable by at least one processor to perform operations recited in application claim 9. Thus, it is rejected for the same reasons.
Consider application claim 16, application claim 16 recites a non-transitory computer-readable medium storing a bitstream and one or more instructions executable by at least one processor to perform operations recited in application claim 10. Thus, it is rejected for the same reasons.
Consider application claim 17, application claim 17 recites a non-transitory computer-readable medium storing a bitstream and one or more instructions executable by at least one processor to perform operations recited in application claim 11. Thus, it is rejected for the same reasons.
Consider application claim 18, application claim 18 recites a non-transitory computer-readable medium storing a bitstream and one or more instructions executable by at least one processor to perform operations recited in application claim 12. Thus, it is rejected for the same reasons.
Conclusion
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/TAT C CHIO/Primary Examiner, Art Unit 2486
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