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 1-19 and 21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,924,455 in view of US 2013/0202029 A1 (“Lou”). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the application and the patent are substantially similar and obvious variants of one another. For example:
U.S. Patent No. 11,924,455
Instant Application: 19/301390
Note: underlined fonts mean differences in instant application
1. A coefficient decoding method, applied to a decoder and comprising:
1. (Original) A coefficient decoding method, applied to a decoder and comprising:
parsing a bitstream to obtain a video flag;
parsing a bitstream to obtain a sequence level flag;
parsing the bitstream to obtain a last-significant-coefficient position-reverse flag and coordinate information of a last significant coefficient when the video flag indicates that a video satisfies a preset condition;
parsing the bitstream to obtain a last-significant-coefficient position-reverse flag and coordinate information of a last significant coefficient when the sequence level flag indicates that a video satisfies a preset condition;
determining a position of the last significant coefficient by calculation with the coordinate information of the last significant coefficient when the last-significant-coefficient position-reverse flag indicates that the position of the last significant coefficient is reversed for a current block; and
when the last-significant-coefficient position-reverse flag indicates that a position of the last significant coefficient is reversed for a current block, determining the position of the last significant coefficient by calculation with the coordinate information of the last significant coefficient, wherein the coordinate information of the last significant coefficient is a horizontal distance and a vertical distance from the position of the last significant coefficient to a lower-right corner of the current block; and
decoding, according to a preset scanning order, all coefficients before the position of the last significant coefficient to determine coefficients of the current block.
decoding, according to a preset scanning order, all coefficients before the position of the last significant coefficient to determine coefficients of the current block.
Although the Patent claims “determining a position of the last significant coefficient by calculation with the coordinate information of the last significant coefficient when the last-significant-coefficient position-reverse flag indicates that the position of the last significant coefficient is reversed for a current block”, it does not specifically claim “wherein the coordinate information of the last significant coefficient is a horizontal distance and a vertical distance from the position of the last significant coefficient to a lower-right corner of the current block”. Lou however, teaches “wherein the coordinate information of the last significant coefficient is a horizontal distance and a vertical distance from the position of the last significant coefficient to a lower-right corner of the current block” (e.g. see If a TU 210 comprises one or more significant transform coefficients 212, the coordinates of the last significant transform coefficient 212 along a forward zig-zag coding scan from the top left corner of the TU 210 to the lower right corner of the TU 210, as shown in FIG. 10, can be coded. In alternate embodiments, the significant transform coefficients 212 can be scanned along an inverse wavefront scan, inverse horizontal scan, inverse vertical scan, or any other scan order. In some embodiments, these coordinates can be coded as the syntax elements "last_significant_coeff_y" and "last_significant_coeff_x.", paragraph [0065]).
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the claims of the Patent with Lou in order to conform to HEVC standard.
Claims 1-19 and 21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 12,407,847. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the application and the patent are substantially similar and obvious variants of one another. For example:
U.S. Patent No. 12,407,847
Instant Application: 19/301390
1. A coefficient decoding method, applied to a decoder and comprising:
1. (Original) A coefficient decoding method, applied to a decoder and comprising:
parsing a bitstream to obtain a sequence level flag;
parsing a bitstream to obtain a sequence level flag;
parsing the bitstream to obtain a last-significant-coefficient position-reverse flag when the sequence level flag indicates that a video satisfies a preset condition;
parsing the bitstream to obtain prefix information of a horizontal coordinate of a last significant coefficient, prefix information of a vertical coordinate of the last significant coefficient, suffix information of the horizontal coordinate of the last significant coefficient, and suffix information of the vertical coordinate of the last significant coefficient; determining the horizontal coordinate of the last significant coefficient according to the prefix information of the horizontal coordinate of the last significant coefficient and the suffix information of the horizontal coordinate of the last significant coefficient; determining the vertical coordinate of the last significant coefficient according to the prefix information of the vertical coordinate of the last significant coefficient and the suffix information of the vertical coordinate of the last significant coefficient; and determining coordinate information of the last significant coefficient according to the horizontal coordinate of the last significant coefficient and the vertical coordinate of the last significant coefficient;
parsing the bitstream to obtain a last-significant-coefficient position-reverse flag and coordinate information of a last significant coefficient when the sequence level flag indicates that a video satisfies a preset condition;
determining a position of the last significant coefficient by calculation with the coordinate information of the last significant coefficient when the last-significant-coefficient position-reverse flag indicates that the position of the last significant coefficient is reversed for a current block; and
and see from claim 6:
“The method of claim 1, wherein the method further comprises: determining the coordinate information of the last significant coefficient as a horizontal distance and a vertical distance from the position of the last significant coefficient to a lower-right corner of the current block, when the last-significant-coefficient position-reverse flag indicates that the position of the last significant coefficient is reversed for the current block; …”
when the last-significant-coefficient position-reverse flag indicates that a position of the last significant coefficient is reversed for a current block, determining the position of the last significant coefficient by calculation with the coordinate information of the last significant coefficient, wherein the coordinate information of the last significant coefficient is a horizontal distance and a vertical distance from the position of the last significant coefficient to a lower-right corner of the current block; and
decoding, according to a preset scanning order, all coefficients before the position of the last significant coefficient to determine coefficients of the current block,
decoding, according to a preset scanning order, all coefficients before the position of the last significant coefficient to determine coefficients of the current block.
wherein a value of the horizontal coordinate of the last significant coefficient in the preset scanning order within the current block is derived as follows:
if last_sig_coeff_x_suffix is not present, then:
…
the last-significant-coefficient position-reverse flag.
For similar reasons as above, claims 1-19 and 21 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 19/414266 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the application and the patent are substantially similar and obvious variants of one another.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
For similar reasons as above, claims 1-19 and 21 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 19/414255 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the application and the patent are substantially similar and obvious variants of one another.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
For similar reasons as above, claims 1-14, 16-19 and 21 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of copending Application No. 19/415036 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the application and the patent are substantially similar and obvious variants of one another.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
For similar reasons as above, claims 1-3, 5-8, 10-19 and 21 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of copending Application No. 19/415006 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the application and the patent are substantially similar and obvious variants of one another.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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 15 is provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of copending Application No. 19/415036 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
For example:
co-pending Application No. 19/415036
Instant Application: 19/301390
1. A decoder, comprising a processor and a memory storing a computer program which, when executed by the processor, causes the processor to:
12. (Original) A decoder, comprising a processor and a memory storing a computer program which, when executed by the processor, causes the processor to:
parse a bitstream to obtain a sequence level flag;
parse a bitstream to obtain a sequence level flag;
parse the bitstream to obtain a last-significant-coefficient position-reverse flag and coordinate information of a last significant coefficient when the sequence level flag indicates that a video satisfies a preset condition,
wherein the preset condition comprises at least one of: high bit depth, high quality, high bitrate, high frame rate, and lossless compression;
parse the bitstream to obtain a last-significant-coefficient position-reverse flag and coordinate information of a last significant coefficient when the sequence level flag indicates that a video satisfies a preset condition;
(see claim 15:
“wherein the preset condition comprises at least one of high bit depth, high quality, high bitrate, high frame rate, or lossless compression”)
when the last-significant-coefficient position-reverse flag indicates that a position of the last significant coefficient is reversed for a current block, determine the position of the last significant coefficient by calculation with the coordinate information of the last significant coefficient, wherein the coordinate information of the last significant coefficient is a horizontal distance and a vertical distance from the position of the last significant coefficient to a lower-right corner of the current block; and
when the last-significant-coefficient position-reverse flag indicates that a position of the last significant coefficient is reversed for a current block, determine the position of the last significant coefficient by calculation with the coordinate information of the last significant coefficient, wherein the coordinate information of the last significant coefficient is a horizontal distance and a vertical distance from the position of the last significant coefficient to a lower-right corner of the current block; and
decode, according to a preset scanning order, all coefficients before the position of the last significant coefficient to determine coefficients of the current block.
decode, according to a preset scanning order, all coefficients before the position of the last significant coefficient to determine coefficients of the current block.
( see above limitations:
“wherein the preset condition comprises at least one of: high bit depth, high quality, high bitrate, high frame rate, and lossless compression”)
15. (Original) The decoder of claim 12, wherein the preset condition comprises at least one of high bit depth, high quality, high bitrate, high frame rate, or lossless compression.
For similar reasons as above, Claims 4 and 9 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1 and 6 of copending Application No. 19/415006 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2023/0239504 A1, Zhou et al., Video decoding apparatus and video coding apparatus
US 2023/0291936 A1, Jhu et al., Residual and coefficients coding for video coding
US 2023/0291906 A1, Jhu et al., Residual and coefficients coding for video coding
US 2022/0201335 A1, Chiang et al., Methods and apparatus for coding video data with secondary transform
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANCIS G GEROLEO whose telephone number is (571)270-7206. The examiner can normally be reached M-F 7:00 am - 3:30 pm.
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/Francis Geroleo/Primary Examiner, Art Unit 3619
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