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.
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Claims 1-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 and 7-8 of U.S. Patent No. US 12,413,766 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 for picture prediction, implemented in a decoder and comprising: obtaining an initial predicted value of a colour component to-be-predicted of a current block in a picture through a prediction model; and filtering the initial predicted value and obtaining a target predicted value of the colour component to-be-predicted of the current block; wherein filtering the initial predicted value and obtaining the target predicted value of the colour component to-be-predicted of the current block comprises: filtering the initial predicted value by using a preset processing mode, wherein the preset processing mode comprises value modification; and obtaining the target predicted value according to a result of the filtering; wherein before filtering the initial predicted value by using the preset processing mode, the method further comprises: performing characteristic statistics on at least one colour component of the current block; wherein filtering the initial predicted value by using the preset processing mode, comprises: filtering the initial predicted value according to the result of the characteristic statistics by using the preset processing mode.
Claims of reference patent disclose all the limitations in the application. Thus, non-statutory double patenting applies.
Consider application claim 2, claim 1 of reference patent discloses a method for picture prediction, implemented in a decoder and comprising: obtaining an initial predicted value of a colour component to-be-predicted of a current block in a picture through a prediction model; and filtering the initial predicted value and obtaining a target predicted value of the colour component to-be-predicted of the current block; wherein filtering the initial predicted value and obtaining the target predicted value of the colour component to-be-predicted of the current block comprises: filtering the initial predicted value by using a preset processing mode, wherein the preset processing mode comprises value modification; and obtaining the target predicted value according to a result of the filtering; wherein before filtering the initial predicted value by using the preset processing mode, the method further comprises: performing characteristic statistics on at least one colour component of the current block; wherein filtering the initial predicted value by using the preset processing mode, comprises: filtering the initial predicted value according to the result of the characteristic statistics by using the preset processing mode.
Claims of reference patent disclose all the limitations in the application. Thus, non-statutory double patenting applies.
Consider application claim 3, claim 2 of reference patent discloses determining, according to a colour component to-be-referenced of the current block, a reference value of the colour component to-be-predicted of the current block..
Claims of reference patent disclose all the limitations in the application. Thus, non-statutory double patenting applies.
Consider application claim 4, claim 3 of reference patent discloses a method for picture prediction, implemented in an encoder and comprising: obtaining an initial predicted value of a colour component to-be-predicted of a current block in a picture through a prediction model; and filtering the initial predicted value and obtaining a target predicted value of the colour component to-be-predicted of the current block, wherein filtering the initial predicted value and obtaining the target predicted value of the colour component to-be-predicted of the current block comprises: filtering the initial predicted value by using a preset processing mode, wherein the preset processing mode comprises value modification; and obtaining the target predicted value according to a result of the filtering; wherein before filtering the initial predicted value by using the preset processing mode, the method further comprises: performing characteristic statistics on at least one colour component of the current block; wherein filtering the initial predicted value by using the preset processing mode, comprises: filtering the initial predicted value according to the result of the characteristic statistics by using the preset processing mode.
Claims of reference patent disclose all the limitations in the application. Thus, non-statutory double patenting applies.
Consider application claim 5, claim 3 of reference patent discloses a method for picture prediction, implemented in an encoder and comprising: obtaining an initial predicted value of a colour component to-be-predicted of a current block in a picture through a prediction model; and filtering the initial predicted value and obtaining a target predicted value of the colour component to-be-predicted of the current block, wherein filtering the initial predicted value and obtaining the target predicted value of the colour component to-be-predicted of the current block comprises: filtering the initial predicted value by using a preset processing mode, wherein the preset processing mode comprises value modification; and obtaining the target predicted value according to a result of the filtering; wherein before filtering the initial predicted value by using the preset processing mode, the method further comprises: performing characteristic statistics on at least one colour component of the current block; wherein filtering the initial predicted value by using the preset processing mode, comprises: filtering the initial predicted value according to the result of the characteristic statistics by using the preset processing mode.
Claims of reference patent disclose all the limitations in the application. Thus, non-statutory double patenting applies.
Consider application claim 6, claim 4 of reference patent discloses determining, according to a colour component to-be-referenced of the current block, a reference value of the colour component to-be-predicted of the current block.
Claims of reference patent disclose all the limitations in the application. Thus, non-statutory double patenting applies.
Consider application claim 7, application claim 7 recites a non-statutory computer readable storage medium storing thereon a computer program and a bitstream, wherein when processed by one or more processors, the computer program causes the one or more processors to implement the method recited in application claim 4 (see rejection for application claim 4). Thus, it is rejected for the same reasons.
Consider application claim 8, claim 7 of reference patent discloses a decoder comprising a memory and a processor, wherein the memory is configured to store computer programs than can be run on the processor; and the processor when running the computer programs is configured to: obtain an initial predicted value of a colour component to-be-predicted of a current block in a picture through a prediction model; and filter the initial predicted value and obtain a target predicted value of the colour component to-be-predicted of the current block, wherein the processor configured to filter the initial predicted value and obtaining the target predicted value of the colour component to-be-predicted of the current block is configured to: filter the initial predicted value by using a preset processing mode, wherein the preset processing mode comprises value modification; and obtain the target predicted value according to a result of the filtering; wherein before filter the initial predicted value by using the preset processing mode, the processor is further configured to perform characteristic statistics on at least one colour component of the current block; wherein the processor configured to filter the initial predicted value by using the preset processing mode is further configured to: filter the initial predicted value according to the result of the characteristic statistics by using the preset processing mode.
Claims of reference patent disclose all the limitations in the application. Thus, non-statutory double patenting applies.
Consider application claim 9, claim 7 of reference patent discloses a decoder comprising a memory and a processor, wherein the memory is configured to store computer programs than can be run on the processor; and the processor when running the computer programs is configured to: obtain an initial predicted value of a colour component to-be-predicted of a current block in a picture through a prediction model; and filter the initial predicted value and obtain a target predicted value of the colour component to-be-predicted of the current block, wherein the processor configured to filter the initial predicted value and obtaining the target predicted value of the colour component to-be-predicted of the current block is configured to: filter the initial predicted value by using a preset processing mode, wherein the preset processing mode comprises value modification; and obtain the target predicted value according to a result of the filtering; wherein before filter the initial predicted value by using the preset processing mode, the processor is further configured to perform characteristic statistics on at least one colour component of the current block; wherein the processor configured to filter the initial predicted value by using the preset processing mode is further configured to: filter the initial predicted value according to the result of the characteristic statistics by using the preset processing mode.
Claims of reference patent disclose all the limitations in the application. Thus, non-statutory double patenting applies.
Consider application claim 10, claim 8 of reference patent discloses determine, according to a colour component to-be-referenced of the current block, a reference value of the colour component to-be-predicted of the current block.
Claims of reference patent disclose all the limitations in the application. Thus, non-statutory double patenting applies.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al. (US 2016/0219283 A1).
Consider claim 1, Chen teaches a method for picture prediction, implemented in a decoder and comprising: obtaining an initial predicted value of a colour component to-be-predicted of a current block in a picture through a prediction model ([0092] – [0094]); and performing value modification on the initial predicted value to obtain a target predicted value of the colour component to-be-predicted of the current block ([0092] – [0094]).
Consider claim 2, Chen teaches performing value modification on the initial predicted value to obtain the target predicted value of the colour component to-be-predicted of the current block comprises: performing characteristic statistics on at least one colour component of the current block ([0092] – [0094]); performing value modification on the initial predicted value to obtain the target predicted value according to a result of the characteristic statistics ([0092] – [0094]).
Consider claim 3, Chen teaches determining, according to the colour component to-be-referenced of the current block, a reference value of the colour component to-be-predicted of the current block ([0095] – [0111]).
Consider claim 4, Chen teaches a method for picture prediction, implemented in an encoder and comprising: obtaining an initial predicted value of a colour component to-be-predicted of a current block in a picture through a prediction model ([0092] – [0094]); and performing value modification on the initial predicted value to obtain a target predicted value of the colour component to-be-predicted of the current block ([0092] – [0094]).
Consider claim 5, Chen teaches performing value modification on the initial predicted value to obtain the target predicted value of the colour component to-be-predicted of the current block comprises: performing characteristic statistics on at least one colour component of the current block ([0092] – [0094]); performing value modification on the initial predicted value to obtaining the target predicted value according to a result of the characteristic statistics ([0092] – [0094]).
Consider claim 6, Chen teaches determining, according to the colour component to-be-referenced of the current block, a reference value of the colour component to-be-predicted of the current block ([0095] – [0111]).
Consider claim 7, claim 7 recites a non-statutory computer readable storage medium storing thereon a computer program and a bitstream ([0041]), wherein when processed by one or more processors, the computer program causes the one or more processors to implement the method recited in application claim 4 (see rejection for claim 4). Thus, it is rejected for the same reasons.
Consider claim 8, claim 8 recites a decoder, comprising: a memory and a processor ([0041]); wherein the memory is configured to store computer programs ([0041]), which when executed by the processor, configures the processor to perform the method recited in claim 1 (see rejection for claim 1). Thus, it is rejected for the same reasons.
Consider claim 9, claim 9 recites the decoder that implements the method recited in claim 2. Thus, it is rejected for the same reasons.
Consider claim 10, claim 10 recites the decoder that implements the method recited in claim 3. 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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