DETAILED ACTION
The present Office action is in response to the application filing on 29 AUGUST 2025 and the Information Disclosure Statements.
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 .
Information Disclosure Statement
The Information Disclosure Statement (IDS) submitted on 05/22/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the Information Disclosure Statement is being considered by the Examiner.
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.
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.
Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 12,425,575 (hereinafter “Patent ‘575”). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application is entirely anticipated with exception of using the corrected predicted sample for “reconstructing.” However, the “reconstructing” merely represents the application or use of the corrected predicted sample. Therefore, a person having ordinary skill in the art would readily recognize the purpose of a prediction sample during a prediction step is to apply said prediction sample, resulting the reconstructing.
The following table exemplifies the similarities between the instant application and Patent ‘575.
Instant Application
Patent ‘575
Claim 1: An image decoding method performed by an image decoding apparatus, the image decoding method comprising
Claim 1: An image decoding method performed by an image decoding apparatus, the image decoding method comprising:
determining reference samples for a current sample included in a current block, the reference samples being obtained from one or more neighboring blocks of the current block;
determining reference samples for a current sample included in a current block, the reference samples being obtained from one or more neighboring blocks of the current block;
predicting the current sample based on the reference samples to generate a prediction sample for the current sample;
predicting the current sample based on the reference samples to generate a prediction sample for the current sample; and
correcting the prediction sample; and
correcting the prediction sample,
reconstructing the current sample based on the corrected prediction sample,
wherein at least one reference sample among the reference samples is determined based on position of the current sample,
wherein at least one reference sample among the reference samples is determined based on position of the current sample,
wherein the current sample is predicted using interpolation of the reference samples,
wherein the current sample is predicted using interpolation of the reference samples,
wherein the one or more neighboring blocks is selected from a plurality of candidates including a left neighboring block, a top neighboring block and both of the left neighboring block and the top neighboring block based on a non-directional prediction mode of the current block,
wherein the one or more neighboring blocks is selected from a plurality of candidates including a left neighboring block, a top neighboring block and both of the left neighboring block and the top neighboring block based on a non-directional prediction mode of the current block,
wherein the reference samples obtained from both of the left neighboring block and the top neighboring block include a first reference sample located at (w-1, -1) and a second reference sample located at (-1, h-1) in case a top-left sample position of the current block is (0, 0), a width of the current block is w and a height of the current block is h, and
wherein the reference samples obtained from both of the left neighboring block and the top neighboring block include a first reference sample located at (w−1,−1) and a second reference sample located at (−1, h−1) in case a top-left sample position of the current block is (0, 0), a width of the current block is w and a height of the current block is h, and
wherein the prediction sample for the current sample is corrected using a setting determined based on the non-directional prediction mode.
wherein the prediction sample for the current sample is corrected using a setting determined based on the non-directional prediction mode.
Claims 1-3 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-3 of copending Application No. 19/435,736 (reference application) (hereinafter “Application ‘736”). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application is entirely anticipated with exception of using the corrected predicted sample for “reconstructing.” However, the “reconstructing” merely represents the application or use of the corrected predicted sample. Therefore, a person having ordinary skill in the art would readily recognize the purpose of a prediction sample during a prediction step is to apply said prediction sample, resulting the reconstructing.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
The following table exemplifies the similarities between the instant application and Application ‘736.
Instant Application
Application ‘736
Claim 1: An image decoding method performed by an image decoding apparatus, the image decoding method comprising
Claim 1: An image decoding method performed by an image decoding apparatus, the image decoding method comprising:
obtaining a current block by dividing the image;
determining reference samples for a current sample included in a current block, the reference samples being obtained from one or more neighboring blocks of the current block;
determining reference samples for a current sample included in the current block, the reference samples being obtained from one or more neighboring blocks of the current block;
predicting the current sample based on the reference samples to generate a prediction sample for the current sample;
predicting the current sample based on the reference samples to generate a prediction sample for the current sample; and
correcting the prediction sample; and
correcting the prediction sample,
reconstructing the current sample based on the corrected prediction sample,
wherein at least one reference sample among the reference samples is determined based on position of the current sample,
wherein at least one reference sample among the reference samples is determined based on position of the current sample,
wherein the current sample is predicted using interpolation of the reference samples,
wherein the current sample is predicted using interpolation of the reference samples,
wherein the one or more neighboring blocks is selected from a plurality of candidates including a left neighboring block, a top neighboring block and both of the left neighboring block and the top neighboring block based on a non-directional prediction mode of the current block,
wherein the one or more neighboring blocks is selected from a plurality of candidates including a left neighboring block, a top neighboring block and both of the left neighboring block and the top neighboring block based on a non-directional prediction mode of the current block,
wherein the reference samples obtained from both of the left neighboring block and the top neighboring block include a first reference sample located at (w-1, -1) and a second reference sample located at (-1, h-1) in case a top-left sample position of the current block is (0, 0), a width of the current block is w and a height of the current block is h, and
wherein the reference samples obtained from both of the left neighboring block and the top neighboring block include a first reference sample located at (w-1, -1) and a second reference sample located at (-1, h-1) in case a top-left sample position of the current block is (0, 0), a width of the current block is w and a height of the current block is h, and
wherein the prediction sample for the current sample is corrected using a setting determined based on the non-directional prediction mode.
wherein the prediction sample for the current sample is corrected using a setting determined based on the non-directional prediction mode.
Claims 1-3 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of copending Application No. 19/435,740 (reference application) (hereinafter “Application ‘740”). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application is entirely anticipated by Application ‘740.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
The following table exemplifies the similarities between the instant application and Application ‘740.
Instant Application
Application ‘740
Claim 1: An image decoding method performed by an image decoding apparatus, the image decoding method comprising
Claim 1: An image decoding method performed by an image decoding apparatus, the image decoding method comprising:
determining reference samples for a current sample included in a current block, the reference samples being obtained from one or more neighboring blocks of the current block;
determining reference samples for a current sample included in a current block, the reference samples being obtained from one or more neighboring blocks of the current block;
predicting the current sample based on the reference samples to generate a prediction sample for the current sample;
predicting the current sample based on the reference samples to generate a prediction sample for the current sample;
obtaining a residual sample for the current sample;
correcting the prediction sample; and
correcting the prediction sample; and
reconstructing the current sample based on the corrected prediction sample,
reconstructing the current sample based on the corrected prediction sample and the residual sample,
wherein at least one reference sample among the reference samples is determined based on position of the current sample,
wherein at least one reference sample among the reference samples is determined based on position of the current sample,
wherein the current sample is predicted using interpolation of the reference samples,
wherein the current sample is predicted using interpolation of the reference samples,
wherein the one or more neighboring blocks is selected from a plurality of candidates including a left neighboring block, a top neighboring block and both of the left neighboring block and the top neighboring block based on a non-directional prediction mode of the current block,
wherein the one or more neighboring blocks is selected from a plurality of candidates including a left neighboring block, a top neighboring block and both of the left neighboring block and the top neighboring block based on a non-directional prediction mode of the current block,
wherein the reference samples obtained from both of the left neighboring block and the top neighboring block include a first reference sample located at (w-1, -1) and a second reference sample located at (-1, h-1) in case a top-left sample position of the current block is (0, 0), a width of the current block is w and a height of the current block is h, and
wherein the reference samples obtained from both of the left neighboring block and the top neighboring block include a first reference sample located at (w-1, -1) and a second reference sample located at (-1, h-1) in case a top-left sample position of the current block is (0, 0), a width of the current block is w and a height of the current block is h, and
wherein the prediction sample for the current sample is corrected using a setting determined based on the non-directional prediction mode.
wherein the prediction sample for the current sample is corrected using a setting determined based on the non-directional prediction mode.
Claims 1-3 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of copending Application No. 19/437,738 (reference application) (hereinafter “Application ‘738). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application is entirely anticipated by Application ‘738.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
The following table exemplifies the similarities between the instant application and Application ‘738.
Instant Application
Application ‘738
Claim 1: An image decoding method performed by an image decoding apparatus, the image decoding method comprising
Claim 1: An image decoding method performed by an image decoding apparatus, the image decoding method comprising:
obtaining a current block by dividing the image;
determining reference samples for a current sample included in a current block, the reference samples being obtained from one or more neighboring blocks of the current block;
determining reference samples for a current sample included in the current block, the reference samples being obtained from one or more neighboring blocks of the current block;
predicting the current sample based on the reference samples to generate a prediction sample for the current sample;
predicting the current sample based on the reference samples to generate a prediction sample for the current sample;
correcting the prediction sample; and
correcting the prediction sample; and
reconstructing the current sample based on the corrected prediction sample,
reconstructing the current sample based on the corrected prediction sample,
wherein at least one reference sample among the reference samples is determined based on position of the current sample,
wherein at least one reference sample among the reference samples is determined based on position of the current sample,
wherein the current sample is predicted using interpolation of the reference samples,
wherein the current sample is predicted using interpolation of the reference samples,
wherein the one or more neighboring blocks is selected from a plurality of candidates including a left neighboring block, a top neighboring block and both of the left neighboring block and the top neighboring block based on a non-directional prediction mode of the current block,
wherein the one or more neighboring blocks is selected from a plurality of candidates including a left neighboring block, a top neighboring block and both of the left neighboring block and the top neighboring block based on a non-directional prediction mode of the current block,
wherein the reference samples obtained from both of the left neighboring block and the top neighboring block include a first reference sample located at (w-1, -1) and a second reference sample located at (-1, h-1) in case a top-left sample position of the current block is (0, 0), a width of the current block is w and a height of the current block is h, and
wherein the reference samples obtained from both of the left neighboring block and the top neighboring block include a first reference sample located at (w-1, -1) and a second reference sample located at (-1, h-1) in case a top-left sample position of the current block is (0, 0), a width of the current block is w and a height of the current block is h, and
wherein the prediction sample for the current sample is corrected using a setting determined based on the non-directional prediction mode.
wherein the prediction sample for the current sample is corrected using a setting determined based on the non-directional prediction mode.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
U.S. Publication No. 2013/0101036 A1 (hereinafter “Zhou”) – The disclosure of Zhou describes predicting using corner samples of a current block. See Zhou, ¶¶ [0031-0032].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STUART D BENNETT whose telephone number is (571)272-0677. The examiner can normally be reached Monday - Friday from 9:00 AM - 5PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Vaughn can be reached at 571-272-3922. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/STUART D BENNETT/Examiner, Art Unit 2481
Prosecution Insights