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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/ is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
Claim 2 recitation of a “computer-readable medium storing an encoded bitstream” is a product by process claim limitation where the product is the bitstream 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 recording medium storing the bitstream (with the structure implied by the method steps). The structure includes the coding units of pictures, candidate list and other information manipulated by the steps.
To be given patentable weight, recording medium and the bitstream (i.e. descriptive material) must be in a functional relationship. A functional relationship can be found where the descriptive material performs some function with respect to the recording medium to which it is associated. See 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 recording medium storing the claimed bitstream in claim 2 merely services as a support for the storing of the bitstream and provides no functional relationship between the stored bitstream and recording medium. Therefor the structure of the bitstream, which scope is implied by the method steps, is non-functional descriptive material and given no patentable weight. MPEP §2111.05(III).
Claim Rejections - 35 USC § 102
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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 2 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chien et al. US 2016/0366435.
As to claim 2, Chien teaches a computer-readable recording medium storing an encoded bitstream which is decodable by a decoder, the decoder configured to: receive a bitstream including a coded picture, the coded picture including a first region having global motion and comprising a first contiguous plurality of coding units and a second region having local motion different from the global motion and comprising a second contiguous plurality of coding units, the first plurality of coding units comprising most of the coding units of the picture and all having the same affine motion model; construct, for each of the coding units in the first plurality of coding units, a motion vector candidate list, each motion vector candidate list comprising one or more motion vector candidates generated using motion vector information of a neighboring coding unit; decode each of the first plurality of coding units of the first region using a selected one of the motion vector candidates from the coding unit's motion vector candidate list, the selected motion vector candidate being a candidate generated using motion vector information of a neighboring coding unit, wherein the affine motion model is a 6-parameter affine motion model characterizable by the parameters a, b, c, d, e, and f where x'=ax +by +cy' = dx + ey +f (x,y) is a pixel location in the first region of the coded picture and (x', y') is a pixel location in a reference picture, wherein each selected motion vector candidate comprises three control point motion vectors, and wherein the selected motion vector candidates implement a, b, c, d, e, and f with substantially the same values in all of the coding units of the first region, whereby the global motion in the first region is reconstructed; and decode the coding units in the second plurality of coding units, whereby the local motion is reconstructed. [¶ 0010; ¶ 0062; ¶ 0232; see Claim Interpretation above]
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No. 11812053. This is a statutory double patenting rejection.
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 2-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 5 of U.S. Patent No. 11812053. Although the claims at issue are not identical, they are not patentably distinct from each other because the conflicting claims are not identical in terms of wording and terminology, the scopes of the claims are the same, and they are not patentably distinct from each other as they are obvious variations of one another.
Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12395675. Although the claims at issue are not identical, they are not patentably distinct from each other because the conflicting claims are not identical in terms of wording and terminology, the scopes of the claims are the same, and they are not patentably distinct from each other as they are obvious variations of one another.
11812053
19/300765
12395675
1. A decoder configured to: receive a bitstream including a coded picture, the coded picture including a first region having global motion and comprising a first contiguous plurality of coding units and a second region having local motion different from the global motion and comprising a second contiguous plurality of coding units, the first plurality of coding units all having the same affine motion model; construct, for each of the coding units in the first plurality of coding units, a motion vector candidate list, each motion vector candidate list comprising one or more motion vector candidates generated using motion vector information of a neighboring coding unit; decode each of the first plurality of coding units of the first region using a selected one of the motion vector candidates from the coding unit's motion vector candidate list, the selected motion vector candidate being a candidate generated using motion vector information of a neighboring coding unit, wherein the affine motion model is a 6-parameter affine motion model characterizable by the parameters a, b, c, d, e, and f where
x′=ax+by+c
y′=dx+ey+f (x,y) is a pixel location in the first region of the coded picture and (x′, y′) is a pixel location in a reference picture, wherein each selected motion vector candidate comprises three control point motion vectors, and wherein the selected motion vector candidates implement a, b, c, d, e, and f with substantially the same values in all of the coding units of the first region, whereby the global motion in the first region is reconstructed; and decode the coding units in the second plurality of coding units, whereby the local motion is reconstructed.
1. A decoder configured to: receive a bitstream including a coded picture, the coded picture including a first region having global motion and comprising a first contiguous plurality of coding units and a second region having local motion different from the global motion and comprising a second contiguous plurality of coding units, the first plurality of coding units comprising most of the coding units of the picture and all having the same affine motion model; construct, for each of the coding units in the first plurality of coding units, a motion vector candidate list, each motion vector candidate list comprising one or more motion vector candidates generated using motion vector information of a neighboring coding unit; decode each of the first plurality of coding units of the first region using a selected one of the motion vector candidates from the coding unit's motion vector candidate list, the selected motion vector candidate being a candidate generated using motion vector information of a neighboring coding unit, wherein the affine motion model is a 6-parameter affine motion model characterizable by the parameters a, b, c, d, e, and f where x′=ax+by+c y′=dx+ey+f (x, y) is a pixel location in the first region of the coded picture and (x′, y′) is a pixel location in a reference picture, wherein each selected motion vector candidate comprises three control point motion vectors, and wherein the selected motion vector candidates implement a, b, c, d, e, and f with substantially the same values in all of the coding units of the first region, whereby the global motion in the first region is reconstructed; and decode the coding units in the second plurality of coding units, whereby the local motion is reconstructed.
1. A method of transmitting video data in an encoded bitstream, comprising: receiving a video signal; generating an encoded bitstream representing the video signal, the bitstream including a coded picture, the coded picture including a first region having global motion and comprising a first contiguous plurality of coding units and a second region having local motion different from the global motion and comprising a second contiguous plurality of coding units, the first plurality of coding units all having the same affine motion model, wherein the bitstream is configured to be decodable by a decoder performing a decoding method comprising: constructing, for each of the coding units in the first plurality of coding units, a motion vector candidate list, each motion vector candidate list comprising one or more motion vector candidates generated using motion vector information of a neighboring coding unit; decoding each of the first plurality of coding units of the first region using a selected one of the motion vector candidates from the coding unit's motion vector candidate list, the selected motion vector candidate being a candidate generated using motion vector information of a neighboring coding unit, wherein the affine motion model is a 6-parameter affine motion model characterizable by the parameters a, b, c, d, e, and f where
x′=ax+by+c
y′=dx+ey+f (x,y) is a pixel location in the first region of the coded picture and (x′, y′) is a pixel location in a reference picture, wherein each selected motion vector candidate comprises three control point motion vectors, and wherein the selected motion vector candidates implement a, b, c, d, e, and f with substantially the same values in all of the coding units of the first region, whereby the global motion in the first region is reconstructed; and decoding the coding units in the second plurality of coding units, whereby the local motion is reconstructed and; transmit the encoded bitstream over a channel to a decoder.
5. A video encoder for encoding a bitstream to be decoded by a decoder, the decoder configured to: receive a bitstream including a coded picture, the coded picture including a first region having global motion and comprising a first contiguous plurality of coding units and a second region having local motion different from the global motion and comprising a second contiguous plurality of coding units, the first plurality of coding units all having the same affine motion model; construct, for each of the coding units in the first plurality of coding units, a motion vector candidate list, each motion vector candidate list comprising one or more motion vector candidates generated using motion vector information of a neighboring coding unit; decode each of the first plurality of coding units of the first region using a selected one of the motion vector candidates from the coding unit's motion vector candidate list, the selected motion vector candidate being a candidate generated using motion vector information of a neighboring coding unit, wherein the affine motion model is a 6-parameter affine motion model characterizable by the parameters a, b, c, d, e, and f where
x′=ax+by+c
y′=dx+ey+f (x,y) is a pixel location in the first region of the coded picture and (x′, y′) is a pixel location in a reference picture, wherein each selected motion vector candidate comprises three control point motion vectors, and wherein the selected motion vector candidates implement a, b, c, d, e, and f with substantially the same values in all of the coding units of the first region, whereby the global motion in the first region is reconstructed; and decode the coding units in the second plurality of coding units, whereby the local motion is reconstructed.
2. A computer-readable recording medium storing an encoded bitstream which is decodable by a decoder, the decoder configured to: receive a bitstream including a coded picture, the coded picture including a first region having global motion and comprising a first contiguous plurality of coding units and a second region having local motion different from the global motion and comprising a second contiguous plurality of coding units, the first plurality of coding units comprising most of the coding units of the picture and all having the same affine motion model; construct, for each of the coding units in the first plurality of coding units, a motion vector candidate list, each motion vector candidate list comprising one or more motion vector candidates generated using motion vector information of a neighboring coding unit; decode each of the first plurality of coding units of the first region using a selected one of the motion vector candidates from the coding unit's motion vector candidate list, the selected motion vector candidate being a candidate generated using motion vector information of a neighboring coding unit, wherein the affine motion model is a 6-parameter affine motion model characterizable by the parameters a, b, c, d, e, and f where x′=ax+by+c y′=dx+ey+f (x, y) is a pixel location in the first region of the coded picture and (x′, y′) is a pixel location in a reference picture, wherein each selected motion vector candidate comprises three control point motion vectors, and wherein the selected motion vector candidates implement a, b, c, d, e, and f with substantially the same values in all of the coding units of the first region, whereby the global motion in the first region is reconstructed; and decode the coding units in the second plurality of coding units, whereby the local motion is reconstructed.
3. An encoder comprising circuitry configured to: receive a video signal; generate a coded bistream representing the video signal, the bitstream including a coded picture, the coded picture having a first region having global motion and comprising a first contiguous plurality of coding units and a second region having local motion different from the global motion and comprising a second contiguous plurality of coding units, the first plurality of coding units comprising most of the coding units of the picture and all having the same affine motion model, the bitstream being further configured to be decoded by a method comprising: constructing, for each of the coding units in the first plurality of coding units, a motion vector candidate list, each motion vector candidate list comprising one or more motion vector candidates generated using motion vector information of a neighboring coding unit; decoding each of the first plurality of coding units of the first region using a selected one of the motion vector candidates from the coding unit's motion vector candidate list, the selected motion vector candidate being a candidate generated using motion vector information of a neighboring coding unit, wherein the affine motion model is a 6-parameter affine motion model characterizable by the parameters a, b, c, d, e, and f where y′=ax+by+c y′=dx+ey+f (x, y) is a pixel location in the first region of the coded picture and (x′, y′) is a pixel location in a reference picture, wherein each selected motion vector candidate comprises three control point motion vectors, and wherein the selected motion vector candidates implement a, b, c, d, e, and f with substantially the same values in all of the coding units of the first region, whereby the global motion in the first region is reconstructed; and decoding the coding units in the second plurality of coding units, whereby the local motion is reconstructed.
Conclusion
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/ANNER HOLDER/Primary Examiner, Art Unit 2483
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