DETAILED ACTION
1. This Office Action is sent in response to Applicant’s communication received on 08/20/2025 for application number 19/305,347. The Office herby acknowledges receipt of the following and placed of record in file: Specification, Drawings, Abstract, Oath/Declaration, and claims.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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 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.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on 08/20/2025, 04/08/2026 is in accordance with provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
4. 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).
5. 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 §§ 706.02(l)(1) - 706.02(l)(3) 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).
6. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
7. Claims 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,407,840. Although the claims at issue are not identical, they are not patentably distinct from each other: Table 1 shows comparison between the instant claims and the U.S. Patent 12,407,840 B1 claims.
Application: 19/305,347:
1. A method implemented by a decoder, the method comprising: receiving a bitstream including a current picture, wherein the current picture includes a plurality of video coding layer (VCL) network abstraction layer (NAL) units that do not have a same NAL unit type; obtaining an active entry in a reference picture list corresponding to a slice, wherein the slice is in a sub-picture A (subpicA) in a subsequent picture that follows the current picture in a decoding order, and when the subpicA in the current picture is associated with an intra-random access point (IRAP) NAL unit type, the active entry does not reference any picture that is before the current picture in a decoding order, and wherein the subpicA in the subsequent picture and the subpicA in the current picture are in a same layer; and decoding the subsequent picture according to the active entry in the reference picture list.
Patent No.: 12,407,840:
1. A method for storing a coded video bitstream, the method comprising: obtaining the coded video bitstream comprising a current picture that has more than one video coding layer (VCL) network abstraction layer (NAL) units that do not have a same NAL unit type; obtaining active entries of reference picture lists for slices positioned in a sub-picture A (subpicA) in subsequent pictures following the current picture in decoding order, wherein the active entries do not include a reference to any reference picture preceding the current picture in decoding order when the subpicA at the current picture is associated with an intra-random access point (IRAP) NAL unit type, wherein all slices of the current picture positioned in subpicA are associated with the same NAL unit type; and storing the coded video bitstream in at least one storage medium based on the reference picture list active entries.
2. The method of claim 1, wherein the IRAP NAL unit type is a clean random access (CRA) NAL unit type.
2. The method of claim 1, wherein the IRAP NAL unit type is a clean random access (CRA) NAL unit type.
3. The method of claim 1, wherein the IRAP NAL unit type is an instantaneous decoder refresh (IDR) NAL unit type.
3. The method of claim 1, wherein the IRAP NAL unit type is an instantaneous decoder refresh (IDR) NAL unit type.
4. The method of claim 1, wherein a flag in the bitstream indicates a first NAL unit type value for the VCL NAL units of the current picture is different than a second NAL unit type value for VCL NAL units of the current picture.
4. The method of claim 1, wherein a flag in the coded video bitstream indicates a first NAL unit type value for the VCL NAL units of the current picture is different than a second NAL unit type value for VCL NAL units of the current picture.
5. The method of claim 4, wherein the bitstream includes a picture parameter set (PPS), and wherein the flag is obtained from the PPS.
5. The method of claim 4, wherein the coded video bitstream includes a picture parameter set (PPS), and wherein the flag is obtained from the PPS.
6. The method of claim 5, wherein the flag is a mixed_nalu_types_in_pic_flag, and wherein the mixed_nalu_types_in_pic_flag is equal to one when specifying that each picture referring to the PPS has more than one VCL NAL unit and the VCL NAL units do not have a same value of NAL unit type (nal_unit_type).
6. The method of claim 5, wherein the flag is a mixed_nalu_types_in_pic_flag, and wherein the mixed_nalu_types_in_pic_flag is equal to one when specifying that each picture referring to the PPS has more than one VCL NAL unit and the VCL NAL units do not have the same value of NAL unit type (nal_unit_type).
7. A method implemented by an encoder, the method comprising: determining that a current picture includes a plurality of video coding layer (VCL) network abstraction layer (NAL) units that do not have a same NAL unit type; determining that a sub-picture A (subpicA) in the current picture is associated with an intra-random access point (IRAP) NAL unit type; and generating an active entry in a reference picture list corresponding to a slice, wherein the slice is located in the subpicA of a subsequent picture that follows the current picture in a decoding order, and when the subpicA in the current picture is associated with the IRAP NAL unit type, the active entry does not reference any reference picture that is before the current picture in a decoding order, and wherein the subpicA in the subsequent picture and the subpicA in the current picture are in a same layer.
7. A video coding device comprising: a processor configured to: determine that a current picture includes a plurality of video coding layer (VCL) network abstraction layer (NAL) units that do not have a same NAL unit type; determine that a sub-picture A (subpicA) at the current picture is associated with an intra-random access point (IRAP) NAL unit type; generate active entries of reference picture lists for slices positioned in the subpicA in subsequent pictures following the current picture in decoding order, wherein the active entries do not include a reference to any reference picture preceding the current picture in decoding order when the subpicA at the current picture is associated with the IRAP NAL unit type, wherein all slices of the current picture positioned in subpicA are associated with the same NAL unit type; and encode the subsequent pictures into a bitstream based on the reference picture lists.
8. The method of claim 7, wherein the IRAP NAL unit type is a clean random access (CRA) NAL unit type.
8. The video coding device of claim 7, wherein the IRAP NAL unit type is a clean random access (CRA) NAL unit type.
9. The method of claim 7, wherein the IRAP NAL unit type is an instantaneous decoder refresh (IDR) NAL unit type.
9. The video coding device of claim 7, wherein the IRAP NAL unit type is an instantaneous decoder refresh (IDR) NAL unit type.
10. The method of claim 7, wherein a flag in a bitstream indicates a first NAL unit type value for the VCL NAL units of the current picture is different than a second NAL unit type value for VCL NAL units of the current picture.
10. The video coding device of claim 7, wherein the processor is further configured to encode into the bitstream a flag indicating a first NAL unit type value for the VCL NAL units of the current picture is different than a second NAL unit type value for VCL NAL units of the current picture.
11. The method of claim 10, wherein the bitstream includes a picture parameter set (PPS), and wherein the flag is obtained from the PPS.
11. The video coding device of claim 10, wherein the flag is encoded into a picture parameter set (PPS) in the bitstream.
12. The method of claim 11, wherein the flag is a mixed_nalu_types_in_pic_flag, and wherein the mixed_nalu_types_in_pic_flag is equal to one when specifying that each picture referring to the PPS has more than one VCL NAL unit and the VCL NAL units do not have a same value of NAL unit type (nal_unit_type).
12. The video coding device of claim 11, wherein the flag is a mixed_nalu_types_in_pic_flag, and wherein the mixed_nalu_types_in_pic_flag is set equal to one when specifying that each picture referring to the PPS has more than one VCL NAL unit and the VCL NAL units do not have the same value of NAL unit type (nal_unit_type).
13. A decoder comprising: a receiver configured to receive a bitstream including a current picture, wherein the current picture includes a plurality of video coding layer (VCL) network abstraction layer (NAL) units that do not have a same NAL unit type; and one or more processors coupled to the receiver and configured to: obtain an active entry in a reference picture list corresponding to a slice, wherein the slice is in a sub-picture A (subpicA) in a subsequent picture that follows the current picture in a decoding order, and when the subpicA in the current picture is associated with an intra-random access point (IRAP) NAL unit type, the active entry does not reference any picture that is before the current picture in a decoding order, and wherein the subpicA in the subsequent picture and the subpicA in the current picture are in a same layer; and decode the subsequent picture according to the active entry in the reference picture list.
13. A non-transitory computer readable medium comprising a computer program product for use by a video coding device, the computer program product comprising computer executable instructions stored on the non-transitory computer readable medium such that when executed by a processor cause the video coding device to: receive a bitstream comprising a current picture that has more than one video coding layer (VCL) network abstraction layer (NAL) units that do not have a same NAL unit type; obtain active entries of reference picture lists for slices positioned in a sub-picture A (subpicA) in subsequent pictures following the current picture in decoding order, wherein the active entries do not include a reference to any reference picture preceding the current picture in decoding order when the subpicA at the current picture is associated with an intra-random access point (IRAP) NAL unit type, wherein all slices of the current picture positioned in subpicA are associated with the same NAL unit type; and decode the subsequent pictures based on the reference picture list active entries.
14. The decoder of claim 13, wherein the IRAP NAL unit type is a clean random access (CRA) NAL unit type.
14. The non-transitory computer readable medium of claim 13, wherein the IRAP NAL unit type is a clean random access (CRA) NAL unit type.
15. The decoder of claim 13, wherein the IRAP NAL unit type is an instantaneous decoder refresh (IDR) NAL unit type.
15. The non-transitory computer readable medium of claim 13, wherein the IRAP NAL unit type is an instantaneous decoder refresh (IDR) NAL unit type.
16. The decoder of claim 13, wherein a flag in the bitstream indicates a first NAL unit type value for the VCL NAL units of the current picture is different than a second NAL unit type value for VCL NAL units of the current picture.
16. The non-transitory computer readable medium of claim 13, wherein the executable instructions further cause the video coding device to determine a first NAL unit type value for the VCL NAL units of the current picture is different than a second NAL unit type value for VCL NAL units of the current picture based on a flag.
17. The decoder of claim 16, wherein the bitstream includes a picture parameter set (PPS), and wherein the flag is obtained from the PPS.
17. The non-transitory computer readable medium of claim 16, wherein the bitstream includes a picture parameter set (PPS), and wherein the flag is obtained from the PPS.
18. The decoder of claim 17, wherein the flag is a mixed_nalu_types_in_pic_flag, and wherein the mixed_nalu_types_in_pic_flag is equal to one when specifying that each picture referring to the PPS has more than one VCL NAL unit and the VCL NAL units do not have a same value of NAL unit type (nal_unit_type).
18. The non-transitory computer readable medium of claim 17, wherein the flag is a mixed_nalu_types_in_pic_flag, and wherein the mixed_nalu_types_in_pic_flag is equal to one when specifying that each picture referring to the PPS has more than one VCL NAL unit and the VCL NAL units do not have the same value of NAL unit type (nal_unit_type).
Allowable Subject Matter
8. Claims 1-18 objected to as allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOWARD D BROWN JR whose telephone number is (571)272-4371. The examiner can normally be reached Monday - Friday 7:30AM - 5:00PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sathyanarayanan Perungavoor can be reached at 5712727455. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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HOWARD D. BROWN JR
Primary Examiner
Art Unit 2488
/HOWARD D BROWN JR/Examiner, Art Unit 2488
Prosecution Insights