DETAILED ACTION
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.
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Claims 1-10 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of copending Application No. 19/302,723 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because any differences between the application’s claims and the co-pending application’s claims are not patentably distinct as shown by the prior art rejections below
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
19/273,908 (Differences are highlighted in BOLD)
19/302,723 (Differences are highlighted in BOLD)
1. An image decoding method, comprising:
reconstructing an image based on information on the image included in a bitstream;
obtaining resizing information for resizing the image; and
resizing the image to generate a resized image based on the resizing information,
wherein the resizing information specifies whether to perform the resizing and a direction of the resizing.
2. The method of claim 1, wherein in case of the direction of the resizing being horizontal, a scaling is applied in a horizontal direction of the image and no scaling is applied in a vertical direction of the image.
3. The method of claim 1, wherein in case of the direction of the resizing being all directions, a scaling is applied in both a horizontal direction and a vertical direction of the image.
4. The method of claim 1, wherein samples of the resized image are generated based on a data processing method selected from among a plurality of data processing methods.
5. The method of claim 4, wherein the data processing method is selected from among the plurality of data processing methods based on a selection information for the data processing method.
6. The method of claim 4, wherein the plurality of data processing methods includes a first method which copies a sample of the image onto the samples of the resized image.
7. The method of claim 4, wherein the plurality of data processing methods includes a second method which interpolates samples of the image to generate the samples of the resized image.
8. An image encoding method, comprising: reconstructing an image, information on the image being encoded into a bitstream; determining resizing information for resizing the image; resizing the image to generate a resized image based on the resizing information; and encoding the resizing information, wherein the resizing information specifies whether to perform the resizing and a direction of the resizing.
9. A method of transmitting a bitstream, comprising: reconstructing an image, information on the image being encoded into the bitstream; determining resizing information for resizing the image; resizing the image to generate a resized image based on the resizing information; encoding the resizing information; and transmitting the bitstream, wherein the resizing information specifies whether to perform the resizing and a direction of the resizing.
10. A non-transitory computer-readable recording method storing encoded data which is generated by an image encoding method, the image encoding method comprising: reconstructing an image, information on the image being encoded into the bitstream; determining resizing information for resizing the image; resizing the image to generate a resized image based on the resizing information; and encoding the resizing information, wherein the resizing information specifies whether to perform the resizing and a direction of the resizing.
1. An image decoding method, comprising:
obtaining an image by decoding a bitstream;
obtaining resizing information for resizing the image;
resizing the image to generate a resized image based on the resizing information,
wherein the resizing information specifies whether to perform the resizing and a direction of the resizing.
2. The method of claim 1, wherein in case of the direction of the resizing being horizontal, a scaling is applied in a horizontal direction of the image and no scaling is applied in a vertical direction of the image.
3. The method of claim 1, wherein in case of the direction of the resizing being all directions, a scaling is applied in both a horizontal direction and a vertical direction of the image.
4. The method of claim 1, wherein samples of the resized image are generated based on a data processing method selected from among a plurality of data processing methods.
5. The method of claim 4, wherein the data processing method is selected from among the plurality of data processing methods based on a selection information for the data processing method.
6. The method of claim 4, wherein the plurality of data processing methods includes a first method which copies a sample of the image onto the samples of the resized image.
7. The method of claim 4, wherein the plurality of data processing methods includes a second method which interpolates samples of the image to generate the samples of the resized image.
8. An image encoding method, comprising: obtaining an image, the image being encoded into a bitstream;
determining resizing information for resizing the image;
resizing the image to generate a resized image based on the resizing information; and
encoding the resizing information
wherein the resizing information specifies whether to perform the resizing and a direction of the resizing.
9. A method of transmitting encoded data which is generated by an image encoding method, the image encoding method comprising: obtaining an image, the image being encoded into a bitstream; resizing the image to generate a resized image based on the resizing information; and encoding the resizing information, wherein the resizing information specifies whether to perform the resizing and a direction of the resizing.
10. A non-transitory computer-readable recording method storing encoded data which is generated by an image encoding method, the image encoding method comprising: obtaining an image, the image being encoded into a bitstream; determining resizing information for resizing the image;
resizing the image to generate a resized image based on the resizing information; and encoding the resizing information
wherein the resizing information specifies whether to perform the resizing and a direction of the resizing.
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hannuksela et al. (Hannuksela) (US 2014/0168362) in view of Drugeon et al. (Drugeon) (US 2012/0320970).
Regarding claim 1, Hannuksela discloses an image decoding method, comprising:
reconstructing an image based on information on the image included in a bitstream ([0238], [0287], [0301], [0533], [0538], the decoder reconstructs and stores images as reference images according to decoded information; [0746], the decoder receives and decodes one or more indications of the applied padding method from the bitstream and performs the padding process accordingly);
obtaining resizing information for resizing the image ([0746], the decoder receives and decodes one or more indications of the applied padding method from the bitstream and performs the padding process accordingly); and
resizing the image to generate a resized image based on the resizing information ([0746], the decoder receives and decodes one or more indications of the applied padding method from the bitstream and performs the padding process accordingly),
wherein the resizing information specifies whether to perform the resizing ([0746], the encoder indicates whether or not padding is used and/or the applied padding method within the bitstream and the decoder receives and decodes one or more indications).
Hannuksela is silent about wherein the resizing information specifies a direction of the resizing.
Drugeon from the same or similar field of endeavor discloses wherein the resizing information specifies a direction of the resizing ([0082], [0084], [0160], [0161], padding direction indicating a vertical and/or horizontal padding direction is signaled).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Drugeon into the teachings of Hannuksela for more efficient encoding/decoding by allowing padding to be performed only necessary sides of a block/image.
Regarding claim 2, Drugeon further discloses wherein in case of the direction of the resizing being horizontal, a scaling is applied in a horizontal direction of the image and no scaling is applied in a vertical direction of the image ([0082], [0084], [0160], [0161], padding is able to be applied to only the vertical or horizontal direction).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Drugeon into the teachings of Hannuksela for more efficient encoding/decoding by allowing padding to be performed only necessary sides of a block/image.
Regarding claim 3, Drugeon further discloses wherein in case of the direction of the resizing being all directions, a scaling is applied in both a horizontal direction and a vertical direction of the image ([0082], [0084], [0160], [0161], padding direction indicating a vertical and/or horizontal padding direction is signaled, padding at the top, bottom, left, and right is possible).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Drugeon into the teachings of Hannuksela for more efficient encoding/decoding by allowing padding to be performed only necessary sides of a block/image.
Regarding claim 4, Hannuksela discloses wherein samples of the resized image are generated based on a data processing method selected from among a plurality of data processing methods ([0746], horizontal/vertical pixel copying or any other type of padding may be applied).
Regarding claim 5, Hannuksela discloses wherein the data processing method is selected from among the plurality of data processing methods based on a selection information for the data processing method ([0746], the applied padding method is indicated in the bitstream).
Regarding claim 6, Hannuksela discloses wherein the plurality of data processing methods includes a first method which copies a sample of the image onto the samples of the resized image ([0746], horizontal/vertical pixel copying may be applied for padding).
Regarding claim 7, Hannuksela discloses wherein the plurality of data processing methods includes a second method which interpolates samples of the image to generate the samples of the resized image ([0747], [0748], interpolation is performed to generate unavailable samples during padding).
Regarding claim 8, Hannuksela discloses an image encoding method, comprising:
reconstructing an image, information on the image being encoded into a bitstream ([0238], [0287], [0301], [0533], [0538], the decoder reconstructs and stores images as reference images according to decoded information; [0746], the decoder receives and decodes one or more indications of the applied padding method from the bitstream and performs the padding process accordingly);
determining resizing information for resizing the image ([0746], the decoder receives and decodes one or more indications of the applied padding method from the bitstream and performs the padding process accordingly);
resizing the image to generate a resized image based on the resizing information ([0746], the decoder receives and decodes one or more indications of the applied padding method from the bitstream and performs the padding process accordingly); and
encoding the resizing information ([0746], the encoder indicates whether or not padding is used and/or the applied padding method within the bitstream),
wherein the resizing information specifies whether to perform the resizing ([0746], the encoder indicates whether or not padding is used and/or the applied padding method within the bitstream and the decoder receives and decodes one or more indications).
Hannuksela is silent about wherein the resizing information specifies a direction of the resizing.
Drugeon from the same or similar field of endeavor discloses wherein the resizing information specifies a direction of the resizing ([0082], [0084], [0160], [0161], padding direction indicating a vertical and/or horizontal padding direction is signaled).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Drugeon into the teachings of Hannuksela for more efficient encoding/decoding by allowing padding to be performed only necessary sides of a block/image.
Regarding claim 9, the limitations of claim 9 are rejected in the analysis of claim 8. Hunnuksela further discloses method of transmitting a bitstream, comprising… transmitting the bitstream (FIG. 9, the encoded bitstream 207 is transmitted to decoder 210).
Regarding claim 10, the limitations of claim 10 are rejected in the analysis of claim 8. Hunnuksela further discloses a non-transitory computer-readable recording method storing encoded data which is generated by an image encoding method (FIG. 4b, [0270], decoded images are stored for reference in reference frame buffer 404, [0756], [0761], the invention is embodied as software).
Claim 10’s recitation of “encoded data which is generated by an encoding method, the encoding method comprising…” is a product by process claim limitation where the product is the bit stream 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 encoded data and information 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 18 merely services as a support for the storage of the bitstream and provides no functional relationship between the stored bitstream and storage medium. Therefor 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 Smith recites a storage medium storing a bitstream (¶15).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFERY A WILLIAMS whose telephone number is (571)270-7579. The examiner can normally be reached M-F 8:00-5:00.
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/JEFFERY A WILLIAMS/Primary Examiner, Art Unit 2488