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 .
DETAILED ACTION
This office action is in response to a continuation application filed in which claims 19-38 of the instant application are pending and ready for examination as of the preliminary amendment filed on 11/07/2025.
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 obviousness-type 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); 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 conflicting 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.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 19-38 are rejected on the ground of nonstatutory double patenting over claims 2-3 and 15 of U.S. Patent No. 12,052,438. The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows: Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 2-3 and 15 of U.S. Patent No. 12,052,438, either singularly or in combination, contain each and every element and/or render each and every element of claims 19-38 of the instant application obvious. The claims of the instant application therefore are not patently distinct from the issued patent claims and as such are unpatentable over obvious-type double patenting.
Allowable Subject Matter
The closest prior art made of record in regards to applicant’s claimed invention is as follows:
Pang et al. (US 2015/0055703) discloses techniques for performing an intra block copying process to code video data. A video decoding device that includes a memory and one or more processors may perform the techniques. The memory may be configured to store a current block of a picture. The processors may be configured to perform an intra block copying process to decode the current block using a prediction block that is from a same slice or a same tile as that in which the coded current block resides, the prediction block restricted to be within a search region that only includes the same slice or the same tile as that in which the coded current block resides (abstract).
Pang-II et al. (US 2015/0373357) discloses techniques and systems for encoding and decoding video data. For example, a method of encoding video data includes obtaining video data at an encoder, and determining to perform intra-picture prediction on the video data, using intra-block copy prediction, to generate the plurality of encoded video pictures. The method also includes performing the intra-picture prediction on the video data using the intra-block copy prediction, and, in response to determining to perform the intra-picture prediction on the video data using the intra-block copy prediction, disabling at least one of inter-picture bi-prediction or inter-picture uni-prediction for the plurality of encoded video pictures. The method also includes generating the plurality of encoded video pictures based on the received video data according to the performed intra-block copy prediction (abstract).
Zhu et al. (US 2015/0208084) discloses innovations in intra block copy ("BC") prediction as well as innovations in encoder-side search patterns and approaches to partitioning. For example, some of the innovations relate to use of asymmetric partitions for intra BC prediction. Other innovations relate to search patterns or approaches that an encoder uses during block vector estimation (for intra BC prediction) or motion estimation. Still other innovations relate to uses of BV search ranges that have a horizontal or vertical bias during BV estimation (abstract).
The closest prior art of record, considered individually or in combination, fails to teach or reasonably suggest all the claimed features of claims 19, 25, and 31, structurally and functionally interconnected with other limitations in the manner as cited in the claims and dependent claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZHIHAN ZHOU whose telephone number is (571)270-7284. The examiner can normally be reached Mondays-Fridays 8:30am-5pm.
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/ZHIHAN ZHOU/Primary Examiner, Art Unit 2482
