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, 8, 15 and 22-24 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 8, 15 and 21-23 of U.S. Patent No. US 12,418,654 B2. Although the claims at issue are not identical, they are not patentably distinct from each other as shown in Table I below.
Table I
Current Application 19/303,107
U.S. Patent No. 12,418,654 B2
1. A decoder for decoding a picture, the decoder comprising at least one processor configured to:
1. A decoder for decoding a picture, the decoder comprising at least one processor configured to:
receive a bitstream comprising encoded data representing the picture;
receive a bitstream comprising encoded data representing the picture;
for a block of the picture, determine whether a first dimension of the block is larger than two times a second dimension of the block;
for a block of the picture, determine whether a first dimension of the block is larger than two times a second dimension of the block;
select a context based on a result of the determination;
select a context based on the determination, wherein: the context is a first context when the first dimension of the block is larger than two times the second dimension of the block, or
the context is a second context, different than the first context, when the first dimension of the block is not larger than two times the second dimension of the block;
using the selected context, decode a flag associated with the block from the bitstream, the flag indicating whether to use a linear weighted intra prediction (LWIP) coding tool to decode the block; and
using the selected context, decode a flag associated with the block from the bitstream, the flag indicating whether to use a linear weighted intra prediction (LWIP) coding tool to decode the block; and
decode the block based in part on the flag.
decode the block based in part on the flag
8. A method for decoding a picture, the method comprising:
8. A method for decoding a picture, the method comprising:
receiving a bitstream comprising encoded data representing the picture;
receiving a bitstream comprising encoded data representing the picture;
for a block of the picture, determining whether a first dimension of the block is larger than two times a second dimension of the block;
for a block of the picture, determining whether a first dimension of the block is larger than two times a second dimension of the block;
selecting a context based on a result of the determination;
selecting a context based on the determination, wherein: the context is a first context when the first dimension of the block is larger than two times the second dimension of the block, or the context is a second context, different than the first context, when the first dimension of the block is not larger than two times the second dimension of the block;
using the selected context, decoding a flag associated with the block from the bitstream, the flag indicating whether to use a linear weighted intra prediction (LWIP) coding tool to decode the block; and
using the selected context, decoding a flag associated with the block from the bitstream, the flag indicating whether to use a linear weighted intra prediction (LWIP) coding tool to decode the block; and
decoding the block based in part on the flag.
decoding the block based in part on the flag.
15. A non-transitory computer readable medium containing instructions that when executed cause at least one processor to:
15. A non-transitory computer readable medium containing instructions that when executed cause at least one processor to:
receive a bitstream comprising encoded data representing a picture;
receive a bitstream comprising encoded data representing a picture;
for a block of the picture, determine whether a first dimension of the block is larger than two times a second dimension of the block;
for a block of the picture, determine whether a first dimension of the block is larger than two times a second dimension of the block;
select a context based on a result of the determination;
select a context based on the determination, wherein: the context is a first context when the first dimension of the block is larger than two times the second dimension of the block, or the context is a second context, different than the first context, when the first dimension of the block is not larger than two times the second dimension of the block;
use the selected context, decode a flag associated with the block from the bitstream, the flag indicating whether to use a linear weighted intra prediction (LWIP) coding tool to decode the block; and
use the selected context, decode a flag associated with the block from the bitstream, the flag indicating whether to use a linear weighted intra prediction (LWIP) coding tool to decode the block; and
decode the block based in part on the flag.
decode the block based in part on the flag.
22. An encoder for encoding a picture into a bitstream, the encoder comprising at least one processor configured to:
21. An encoder for encoding a picture into a bitstream, the encoder comprising at least one processor configured to:
for a block of the picture, determine whether a first dimension of the block is larger than two times a second dimension of the block;
for a block of the picture, determine whether a first dimension of the block is larger than two times a second dimension of the block;
select a context based on a result the determination;
select a context based on the determination, wherein: the context is a first context when the first dimension of the block is larger than two times the second dimension of the block, or the context is a second context, different than the first context, when the first dimension of the block is not larger than two times the second dimension of the block;
using the selected context, encode a flag associated with the block to the bitstream, the flag indicating whether to use a linear weighted intra prediction (LWIP) coding tool to decode the block; and
using the selected context, encode a flag associated with the block to the bitstream, the flag indicating whether to use a linear weighted intra prediction (LWIP) coding tool to decode the block; and
encode the block based in part on the flag.
encode the block based in part on the flag.
23. A method for encoding a picture to a bitstream, the method comprising:
22. A method for encoding a picture to a bitstream, the method comprising:
for a block of the picture, determining whether a first dimension of the block is larger than two times a second dimension of the block;
for a block of the picture, determining whether a first dimension of the block is larger than two times a second dimension of the block;
selecting a context based on a result of the determination;
selecting a context based on the determination, wherein: the context is a first context when the first dimension of the block is larger than two times the second dimension of the block, or the context is a second context, different than the first context, when the first dimension of the block is not larger than two times the second dimension of the block;
using the selected context, decoding a flag associated with the block to the bitstream,the flag indicating whether to use a linear weighted intra prediction (LWIP) coding tool to decode the block; and
using the selected context, decoding a flag associated with the block to the bitstream, the flag indicating whether to use a linear weighted intra prediction (LWIP) coding tool to decode the block; and
decoding the block based in part on the flag.
decoding the block based in part on the flag.
24. A non-transitory computer readable medium containing instructions that when executed cause at least one processor to:
23. A non-transitory computer readable medium containing instructions that when executed cause at least one processor to:
for a block of a picture, determine whether a first dimension of the block is larger than two times a second dimension of the block;
for a block of a picture, determine whether a first dimension of the block is larger than two times a second dimension of the block;
select a context based on a result of the determination;
select a context based on the determination, wherein: the context is a first context when the first dimension of the block is larger than two times the second dimension of the block, or the context is a second context, different than the first context, when the first dimension of the block is not larger than two times the second dimension of the block;
use the selected context, encode a flag associated with the block from a bitstream, the flag indicating whether to use a linear weighted intra prediction (LWIP) coding tool to decode the block; and
use the selected context, encode a flag associated with the block from a bitstream, the flag indicating whether to use a linear weighted intra prediction (LWIP) coding tool to decode the block; and
encode the block based in part on the flag.
encode the block based in part on the flag.
Conclusion
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CLIFFORD HILAIRE
Primary Examiner
Art Unit 2488
/CLIFFORD HILAIRE/Primary Examiner, Art Unit 2488
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