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 .
Claim Status
This Office Action responds to application 19/273510 filed on 7/18/25. Claims 1-16 are pending.
Priority
Acknowledgment is made of applicant's claim for a provisional application filed on 12/29/21.
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.
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Claims 1-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 12395624 in view of US 2018/0302631 A1 (“Chaing”). An example comparison is shown below. The underlined indicate different wordings and/or limitations.
US Patent 12395624
Instant Application
1. A method of video coding, the method comprising: receiving input data associated with a current block, wherein the input data comprise pixel data for the current block to be encoded at an encoder side or encoded data associated with the current block to be decoded at a decoder side; determining a set of candidates associated with coding modes or coding parameters; determining boundary matching costs associated with the set of candidates, wherein each of the boundary matching costs is determined, for one target candidate of the set of candidates, by using reconstructed or predicted samples of the current block and neighbouring reconstructed or predicted samples of the current block, and wherein the reconstructed or predicted samples of the current block are determined according to said one target candidate;
1. A method of video coding, the method comprising: receiving input data associated with a current block, wherein the input data comprise pixel data for the current block to be encoded at an encoder side or encoded data associated with the current block to be decoded at a decoder side; determining a set of candidates associated with coding modes or coding parameters; determining boundary matching costs associated with the set of candidates, wherein each of the boundary matching costs is determined, for one target candidate of the set of candidates, by using reconstructed or predicted samples of the current block and neighbouring reconstructed or predicted samples of the current block, and wherein the reconstructed or predicted samples of the current block are determined according to said one target candidate,
wherein the boundary matching costs include at least one of top boundary matching costs calculated by performing top boundary matching at a top boundary and left boundary matching costs calculated by performing left boundary matching at a left boundary;
and encoding or decoding the current block using a final candidate selected from the set of candidates based on at least one of the boundary matching costs.
and encoding or decoding the current block using a final candidate selected from the set of candidates based on at least one of the boundary matching costs.
US Patent 12395624 does not explicitly disclose, but Chiang teaches the boundary matching costs ([0059], e.g., boundary-matching cost) include at least one of top boundary matching costs calculated by performing top boundary matching at a top boundary and left boundary matching costs calculated by performing left boundary matching at a left boundary ([0059], e.g., neighboring blocks).
Therefore, given the teachings as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the references of US Patent 12395624 and Chiang before him/her to modify Method and Apparatus for Coding Mode Selection in Video Coding System of US Patent 12395624 with the teaching of Secondar transform kernel size selection of Chiang with a motivation to obtain a better image in a more efficient way by using the neighboring blocks.
Reasons for Allowance
The following is an examiner's statement of reasons for allowance:
The prior art of record, US 2021/0321092 A1 to Zhang et al. (hereinafter "Zhang") and US 2018/0302631 A1 to Chiang et al. (hereinafter "Chiang") do not disclose encoding or decoding the current block using a final candidate selected from the set of candidates based on at least one of the boundary matching costs.
Rather, Zhang discloses a method of video coding, the method comprising: receiving input data associated with a current block, wherein the input data comprise pixel data for the current block to be encoded at an encoder side or encoded data associated with the current block to be decoded at a decoder side; determining a set of candidates associated with coding modes or coding parameters; wherein the reconstructed or predicted samples of the current block are determined according to said one target candidate and Chiang discloses determining boundary matching costs associated with the set of candidates, wherein each of the boundary matching costs is determined, for one target candidate of the set of candidates, by using reconstructed or predicted samples of the current block and neighbouring reconstructed or predicted samples of the current block, and wherein the boundary matching costs include at least one of top boundary matching costs calculated by performing top boundary matching at a top boundary and left boundary matching costs calculated by performing left boundary matching at a left boundary.
Similar reasoning applies to claim(s) 16 mutatis mutandis. Accordingly, claims 1-16 are allowed.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled "Comments on Statement of Reasons for Allowance."
Allowable Subject Matter
Claims 1-16 are allowable if the double patenting presented above is overcome.
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
1. US 2003/0108099 discloses picture encoding method and apparatus, picture decoding method and apparatus and furnishing medium.
2. US 2005/0053294 discloses techniques and tools for progressive and interlaced video coding and decoding.
3. US 2006/0126962 discloses methods and systems for reducing blocking artifacts with reduced complexity for spatially-scalable video coding.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH SUH whose telephone number is 571-270-7484. The examiner can normally be reached on Monday - Thursday, 7:30 AM - 6:00 PM.
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/JOSEPH SUH/
Primary Examiner, Art Unit 2485
Prosecution Insights