DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
2. Claim(s) 9 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yoo et al. (WO 2019/031703).
It is noted that, the claim is directed to; A non-transitory computer readable recording medium including a Bitstream generated by an image encoding method, … method comprises: The limitation as recited in the preamble does not make it clear whether the non-transitory computer readable recording medium contains instructions to perform the method or not. Additionally, it is not clear if the image/ video processing is operating on the bitstream stored on the medium or not since the claim appears to recite two separate functions. In accordance with compact prosecution as prescribed in MPEP 2173.06, claim language is interpreted as follows: Patentable weight is given to data stored on a computer-readable medium when there exists a functional relationship between the data and its associated substrate. MPEP 2111.05 III. For example, if a claim is drawn to a computer-readable medium containing programming, a functional relationship exists if the programming "performs some function with respect to the computer with which it is associated." Id. However, if the claim recites that the computer-readable medium merely serves as a support for information or data, no functional relationship exists and the information or data is not given patentable weight. Id. However, claim 9 is directed to A non-transitory computer readable recording medium including/storing a Bitstream … which is generated by a method performed … method comprises: The body of the claim appears to indicate how the bitstream is being generated. These elements or steps are not performed by an intended computer, and the bitstream is not a form of programming that causes functions to be performed by an intended computer. This shows that the computer-readable recording medium merely serves as support for the bitstream and provides no functional relationship between the steps/elements that describe the generation of the bitstream and intended computer system. Therefore, those claim elements are not given patentable weight. therefore, claim scope is just a storage medium string data and is anticipated by Yoo (e.g., indication of, The bitstream may be transmitted over a network or stored in a digital storage medium, in the disclosure).
Double Patenting
3. 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).
4. 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).
5. 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.
6. 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.
7. Claims 1-9 of the instant application are rejected on the ground of nonstatutory double patenting as being unpatentable over patented claims 1-9 of U.S. 12413713 and U.S. 12041227. Although the claims at issue are not identical, they are not patentably distinct from each other because they claim the same scope of the invention, but using different variations. See below:
19/306948
U.S. 12413713
1. An image decoding method comprising: acquiring combined inter intra prediction (CIIP) mode information from a bitstream; determining whether a current block is in a CIIP mode based on the CIIP mode information; deriving a CIIP block by combining an intra prediction block and an inter prediction block of the current block using a weight, based on a determination of the current block being in the CIIP mode; generating a residual block of the current block from the bitstream; and generating a reconstructed block of the current block based on the CIIP block and the residual block of the current block, wherein, when the CIIP mode information is not acquired from the bitstream and the current block is in a skip mode, the CIIP mode information is regarded as a value indicating that the current block is not in the CIIP mode, and wherein the weight is derived based on whether a neighboring block of the current block is available and whether the neighboring block is in the intra prediction mode.
1. An image decoding method comprising: acquiring combined inter intra prediction (CIIP) mode information from a bitstream; determining whether a current block is in a CIIP mode based on the CIIP mode information; deriving a CIIP block by combining an intra prediction block and an inter prediction block of the current block using a weight, based on a determination of the current block being in the CIIP mode; and generating a reconstructed block of the current block based on the CIIP block, wherein, when the CIIP mode information is not acquired from the bitstream and the current block is in a skip mode, the CIIP mode information is regarded as a value indicating that the current block is not in the CIIP mode, and wherein the weight is derived based on whether a neighboring block of the current block is available and whether the neighboring block is in the intra prediction mode.
5. … generating a residual block of the current block based on the CIIP block …
2. The image decoding method of claim 1, wherein a Planar mode is used for obtaining the intra prediction block for both a luma component and chroma component of the current block.
2. The image decoding method of claim 1, wherein a Planar mode is used for obtaining the intra prediction block for both a luma component and chroma component of the current block.
3. The image decoding method of claim 1, wherein, when at least one of a width or height of the current block is less than 8, the CIIP mode information is not acquired from the bitstream.
3. The image decoding method of claim 1, wherein, when at least one of a width or height of the current block is less than 8, the CIIP mode information is not acquired from the bitstream.
4. The image decoding method of claim 1, wherein, when at least one of a width or height of the current block is greater than or equal to 128, the GIP mode information is not acquired from the bitstream.
4. The image decoding method of claim 1, wherein, when at least one of a width or height of the current block is greater than or equal to 128, the GIP mode information is not acquired from the bitstream.
5. An image encoding method comprising: determining whether a current block is in a combined inter intra prediction (CIIP) mode; deriving a CIIP block by combining an intra prediction block and an inter prediction block of the current block using a weight, based on a determination of the current block being in the CIIP mode; generating a residual block of the current block based on the CIIP block; generating transform coefficients of the current block based on the residual block of the current block; and determining whether to encode CIIP mode information, wherein, when the current block is in a skip mode, it is determined that the current block is not in the CIIP mode and that the CIIP mode information is not encoded, and wherein the weight is derived based on whether a neighboring block of the current block is available and whether the neighboring block is in the intra prediction mode.
5. An image encoding method comprising: determining whether a current block is in a combined inter intra prediction (CIIP) mode; deriving a CIIP block by combining an intra prediction block and an inter prediction block of the current block using a weight, based on a determination of the current block being in the CIIP mode; generating a residual block of the current block based on the CIIP block; and determining whether to encode CIIP mode information, wherein, when the current block is in a skip mode, it is determined that the current block is not in the CIIP mode and that the CIIP mode information is not encoded, and wherein the weight is derived based on whether a neighboring block of the current block is available and whether the neighboring block is in the intra prediction mode.
6. The image encoding method of The image encoding method of wherein a Planar mode is used for obtaining the intra prediction block for both a luma component and chroma component of the current block.
6. The image encoding method of claim 5, wherein a Planar mode is used for obtaining the intra prediction block for both a luma component and chroma component of the current block.
7. The image encoding method of claim 5, wherein, when at least one of a width or height of the current block is less than 8, the CIIP mode information is not encoded.
7. The image encoding method of claim 5, wherein, when at least one of a width or height of the current block is less than 8, the CIIP mode information is not encoded.
8. The image encoding method of claim 5, wherein, when at least one of a width or height of the current block is greater than or equal to 128, the CIIP mode information is not encoded.
8. The image encoding method of claim 5, wherein, when at least one of a width or height of the current block is greater than or equal to 128, the CIIP mode information is not encoded.
9. A non-transitory computer-readable recording medium including a bitstream generated by an image encoding method, the image encoding method comprising: determining whether a current block is in a combined inter intra prediction (CIIP) mode; deriving a CIIP block by combining an intra prediction block and an inter prediction block of the current block using a weight, based on a determination of the current block being in the CIIP mode; generating a residual block of the current block based on the CIIP block; generating transform coefficients of the current block based on the residual block of the current block; and determining whether to encode CIIP mode information, wherein, when the current block is in a skip mode, it is determined that the current block is not in the CIIP mode and that the CIIP mode information is not encoded, and wherein the weight is derived based on whether a neighboring block of the current block is available and whether the neighboring block is in the intra prediction mode.
9. A non-transitory computer-readable recording medium including a bitstream generated by an image encoding method, the image encoding method comprising: determining whether a current block is in a combined inter intra prediction (CIIP) mode; deriving a CIIP block by combining an intra prediction block and an inter prediction block of the current block using a weight, based on a determination of the current block being in the CIIP mode; generating a residual block of the current block based on the CIIP block; and determining whether to encode CIIP mode information, wherein, when the current block is in a skip mode, it is determined that the current block is not in the CIIP mode and that the CIIP mode information is not encoded, and wherein the weight is derived based on whether a neighboring block of the current block is available and whether the neighboring block is in the intra prediction mode.
Regarding claim 5 and 9, It is noted that, the difference is, generating transform coefficients of the current block based on the residual block of the current block. Examiner note that, the difference is not specific to the current invention, and is notoriously well known in the field of video/image coding, and used in the conventional prior art of the record; such as, Choi et al. (US 2021/0337206, paragraph 0013-0014,0018,0038) and/or Cha et al. (KR 2006/0085892, description). Therefore, it is obvious to implement such known teaching, and considered as an obvious variation.
8. Claims 1-9 are rejected on the ground of nonstatutory double patenting as being unpatentable over patented claims 1-9 of U.S. 12041227, for the same reason as set forth in the above action.
Contact Information
9. Any inquiry concerning this communication or earlier communications from the examiner
should be directed to Behrooz Senfi, whose telephone number is (571)272-7339. The examiner can
normally be reached on Monday-Friday 10:00-6:00.
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Christopher Kelley can be reached on 571 272 7331. The fax phone number for the organization where
this application or proceeding is assigned is 571-273-8300.
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/BEHROOZ M SENFI/Primary Examiner, Art Unit 2482
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