DETAILED ACTION
This office action is in response to the application filed on 08/26/2025. Claims 1-18 have been examined.
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 .
Priority
Acknowledgement is made of applicant's claim for provisional application No. 62/773,149 filed on 11/29/2018.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/13/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this 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).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. patent Application No. 18/494,045. Although the claims at issue are not identical, they are not patentably distinct from each other because it would be obvious to one of ordinary skill in the art at the time of invention that the claims cover substantially the same subject matter. The table below shows only a sample of how each of these claims is anticipated by claims such as claim 1 of U.S. patent application No. 18/494,045.
Instant Application
U.S. patent application No. 18/494,045
Claim 1: A method of decoding a block of a picture, comprising: obtaining an indication parameter for a current block, wherein the indication parameter represents whether a multi-hypothesis prediction is applied to the current block; when the indication parameter represents that the multi-hypothesis prediction is applied to the current block, determining an intra prediction mode for the current block is a planar mode; and when the indication parameter represents that the multi-hypothesis prediction is not applied to the current block and a parameter indicates the intra prediction mode for the current block is in a most probable mode (MPM) list, obtaining the intra prediction mode for the current block according to the MPM list, wherein the MPM list is constructed based on an intra prediction mode of a left block of the current block and an intra prediction mode of an above block of the current block; and decoding the current block according to the intra prediction mode.
Claim 1: A method of coding a block of a picture, comprising: obtaining an indication parameter for a current coding block, wherein the indication parameter specifies whether a multi-hypothesis prediction is applied to the current coding block; when the indication parameter specifies that the multi-hypothesis prediction is applied to the current coding block, coding the current coding block only according to a planar mode; and when the indication parameter specifies that the multi-hypothesis prediction is not applied to the current coding block, obtaining an intra prediction mode for the current coding block according to a most probable mode (MPM) list, wherein each of intra prediction modes in the MPM list is indexed with a corresponding value of a MPM list index.
Examiner’s note:
Machine readable media: when determining the scope of a claim directed to a computer-readable medium containing certain programming, the examiner should first look to the relationship between the programming and the intended computer system. Where the programming performs some function with respect to the computer with which it is associated, a functional relationship will be found. For instance, a claim to computer-readable medium programmed with attribute data objects that perform the function of facilitating retrieval, addition, and removal of information in the intended computer system, establishes a functional relationship such that the claimed attribute data objects are given patentable weight. See Lowry, 32 F.3d at 1583-84, 32 USPQ2d at 1035. However, where the claim as a whole is directed to conveying a message or meaning to a human reader independent of the intended computer system, and/or the computer-readable medium merely serves as a support for information or data, no functional relationship exists. For example, a claim to a memory stick containing tables of batting averages, or tracks of recorded music, utilizes the intended computer system merely as a support for the information. Such claims are directed toward conveying meaning to the human reader rather than towards establishing a functional relationship between recorded data and the computer. See section 2111.05 of MPEP.
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.
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 13-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Comer (US 2005/0185937).
Regarding claim 13, Comer discloses a non-transitory computer-readable storage medium for storing an encoded bitstream, wherein the encoded bitstream comprising encoded data of a current block, and when an indication parameter represents that a multi-hypothesis prediction is applied to the current block, an intra prediction mode for the current block is a planar mode, and when the indication parameter represents that the multi-hypothesis prediction is not applied to the current block and a parameter indicates the intra prediction mode for the current block is in a most probable mode (MPM) list, the intra prediction mode for the current block is obtained according to the MPM list, wherein the MPM list is constructed based on an intra prediction mode of a left block of the current block and an intra prediction mode of an above block of the current block, and the current block is encoded based on the intra prediction mode (Examiner’s note: the “non-transitory computer readable medium” does not establish a functional relationship between the recorded bitstream data and the computer readable medium, therefore the claim will be interpreted as a tangible device being able to store bitstream data; Comer, paragraph 29 discloses the base data bitstream can be recorded onto the DVD as a base layer and assigned a stream identification of 0xE0… the enhancement data bitstream can be recorded onto the DVD as an enhancement layer and assigned a stream identification of 0xBF, 0xFA, 0xFB, 0xFC, 0xFD or 0xFE).
Regarding claim 14, Comer discloses the computer-readable storage medium of claim 13, wherein the multi-hypothesis prediction is a combined inter and intra prediction (CIIP) (Examiner’s note: the “non-transitory computer readable medium” does not establish a functional relationship between the recorded bitstream data and the computer readable medium, therefore the claim will be interpreted as a tangible device being able to store bitstream data; Comer, paragraph 29 discloses the base data bitstream can be recorded onto the DVD as a base layer and assigned a stream identification of 0xE0… the enhancement data bitstream can be recorded onto the DVD as an enhancement layer and assigned a stream identification of 0xBF, 0xFA, 0xFB, 0xFC, 0xFD or 0xFE).
Regarding claim 15, Comer discloses the computer-readable storage medium of claim 13, wherein the indication parameter is CIIP flag (Examiner’s note: the “non-transitory computer readable medium” does not establish a functional relationship between the recorded bitstream data and the computer readable medium, therefore the claim will be interpreted as a tangible device being able to store bitstream data; Comer, paragraph 29 discloses the base data bitstream can be recorded onto the DVD as a base layer and assigned a stream identification of 0xE0… the enhancement data bitstream can be recorded onto the DVD as an enhancement layer and assigned a stream identification of 0xBF, 0xFA, 0xFB, 0xFC, 0xFD or 0xFE).
Regarding claim 16, Comer discloses the computer-readable storage medium of claim 13, wherein the MPM list comprises DC mode, vertical mode, horizontal mode, vertical-4 mode and vertical+4 mode (Examiner’s note: the “non-transitory computer readable medium” does not establish a functional relationship between the recorded bitstream data and the computer readable medium, therefore the claim will be interpreted as a tangible device being able to store bitstream data; Comer, paragraph 29 discloses the base data bitstream can be recorded onto the DVD as a base layer and assigned a stream identification of 0xE0… the enhancement data bitstream can be recorded onto the DVD as an enhancement layer and assigned a stream identification of 0xBF, 0xFA, 0xFB, 0xFC, 0xFD or 0xFE).
Regarding claim 17, Comer discloses the computer-readable storage medium of claim 13, wherein the intra prediction mode of the current block is obtained based on a default mode list comprising only the planar mode when the indication parameter represents that the multi-hypothesis prediction is applied to the current block (Examiner’s note: the “non-transitory computer readable medium” does not establish a functional relationship between the recorded bitstream data and the computer readable medium, therefore the claim will be interpreted as a tangible device being able to store bitstream data; Comer, paragraph 29 discloses the base data bitstream can be recorded onto the DVD as a base layer and assigned a stream identification of 0xE0… the enhancement data bitstream can be recorded onto the DVD as an enhancement layer and assigned a stream identification of 0xBF, 0xFA, 0xFB, 0xFC, 0xFD or 0xFE).
Regarding claim 18, Comer discloses the computer-readable storage medium of claim 17, wherein a syntax parameter mpmidx for the current block is not signaled in the encoded bitstream when the indication parameter represents that the multi-hypothesis prediction is applied to the current block (Examiner’s note: the “non-transitory computer readable medium” does not establish a functional relationship between the recorded bitstream data and the computer readable medium, therefore the claim will be interpreted as a tangible device being able to store bitstream data; Comer, paragraph 29 discloses the base data bitstream can be recorded onto the DVD as a base layer and assigned a stream identification of 0xE0… the enhancement data bitstream can be recorded onto the DVD as an enhancement layer and assigned a stream identification of 0xBF, 0xFA, 0xFB, 0xFC, 0xFD or 0xFE).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JERRY T JEAN BAPTISTE whose telephone number is (571)272-6189. The examiner can normally be reached Monday-Friday 9-5PM EST.
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/JERRY T JEAN BAPTISTE/Primary Examiner, Art Unit 2481
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