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The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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).
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Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. US 12,445,617 B2 (reference patent). Although the claims at issue are not identical, they are not patentably distinct from each other because
Consider application claim 1, claim 1 of reference patent discloses an image decoding method performed by a decoding apparatus, the method comprising: obtaining residual information for a chroma component of a current coding unit; obtaining Coding Unit (CU) chroma Quantization Parameter (QP) offset related information for the current coding unit based on a tree type and a size of the current coding unit; deriving transform coefficients for the current coding unit based on the residual information; deriving a chroma QP for the current coding unit based on the CU chroma QP offset related information; deriving residual samples for the current coding unit by dequantizing the transform coefficients based on the chroma QP; and generating a reconstructed picture based on the residual samples, wherein the CU chroma QP offset related information is obtained in a transform unit syntax for a first transform block which is a first decoded transform block among transform blocks of the current coding unit, wherein, based on (i) at least one of a width or a height of the current coding unit being greater than 64 and (ii) the tree type being not a dual tree luma, the CU chroma QP offset related information is obtained, wherein the CU chroma QP offset related information includes a CU chroma QP offset index and a CU chroma QP offset flag for the current coding unit, and wherein the CU chroma QP offset index is obtained based on the CU chroma QP offset flag indicating that an entry in a CU QP offset list is used to determine a value of a CU chroma QP offset.
Claims of reference patent disclose all the limitation in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 2, claim 2 of reference patent discloses an image encoding method performed by an encoding apparatus, the method comprising: deriving residual samples for a chroma component of a current coding unit; deriving a chroma Quantization Parameter (QP) for the current coding unit; deriving transform coefficients for the current coding unit by quantizing the residual samples based on the chroma QP; generating residual information for the transform coefficients; generating Coding Unit (CU) chroma QP offset related information for the chroma QP based on a tree type and a size of the current coding unit; and encoding image information including the CU chroma QP offset related information and the residual information, wherein the CU chroma QP offset related information is encoded in a transform unit syntax for a first transform block which is a first decoded transform block among transform blocks of the current coding unit, wherein, based on (i) at least one of a width or a height of the current coding unit being greater than 64 and (ii) the tree type being not a dual tree luma, the CU chroma QP offset related information is encoded, wherein the CU chroma QP offset related information includes a CU chroma QP offset index and a CU chroma QP offset flag for the current coding unit, and wherein the CU chroma QP offset index is encoded based on the CU chroma QP offset flag indicating that an entry in a CU QP offset list is used to determine a value of a CU chroma QP offset.
Claims of reference patent disclose all the limitation in the application claim. Thus, non-statutory double patenting applies.
Consider application claim 3, claim 3 of reference patent discloses a method comprising: generating a bitstream of image information including Coding Unit (CU) chroma Quantization Parameter (QP) offset related information for a chroma component of a current coding unit and residual information for transform coefficients for the current coding unit; and transmitting data including the bitstream of the image information including the CU chroma QP offset related information and the residual information, wherein the CU chroma QP offset related information for a chroma QP for the current coding unit is generated based on a tree type and a size of the current coding unit, wherein the transform coefficients for the current coding unit are derived by quantizing residual samples for the current coding unit based on the chroma QP, wherein the CU chroma QP offset related information is encoded in a transform unit syntax for a first transform block which is a first decoded transform block among transform blocks of the current coding unit, wherein, based on (i) at least one of a width or a height of the current coding unit being greater than 64 and (ii) the tree type being not a dual tree luma, the CU chroma QP offset related information is encoded, wherein the CU chroma QP offset related information includes a CU chroma QP offset index and a CU chroma QP offset flag for the current coding unit, and wherein the CU chroma QP offset index is encoded based on the CU chroma QP offset flag indicating that an entry in a CU QP offset list is used to determine a value of a CU chroma QP offset.
Claims of reference patent disclose all the limitation in the application claim. Thus, non-statutory double patenting applies.
Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. US 12,088,806 B2 (reference patent) in view of Zhao et al. (US 12,445,617 B2).
Consider application claim 1, claim 1 of reference patent discloses an image decoding method, performed by a decoding apparatus, the image decoding method comprising: obtaining Coding Unit (CU) chroma Quantization Parameter (QP) offset related information regarding a chroma component of a current coding unit based on a tree type and a size of the current coding unit; deriving a chroma QP for the current coding unit based on the CU chroma QP offset related information; deriving residual samples for the current coding unit based on the chroma QP; and generating a reconstructed picture based on the residual samples, wherein the CU chroma QP offset related information includes a CU chroma QP offset flag and a CU chroma QP offset index for the current coding unit, wherein, based on at least one of a width and a height of the current coding unit being greater than 64 and the tree type not being a dual tree luma, the CU chroma QP offset related information is obtained.
However, claims of reference patent do not explicitly disclose the CU chroma QP offset index is obtained based on the CU chroma QP offset flag indicating that an entry in a CU QP offset list is used to determine a value of a CU chroma QP offset.
Zhao teaches the CU chroma QP offset index is obtained based on the CU chroma QP offset flag indicating that an entry in a CU QP offset list is used to determine a value of a CU chroma QP offset (claim 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the known technique of obtaining the CU chroma QP offset index based on the CU chroma QP offset flag because such incorporation would increase data coding efficiency of deriving a quantization parameter for a chroma component. Col. 1, lines 47-50.
Consider application claim 2, claim 2 of reference patent discloses an image encoding method, performed by an encoding apparatus, the image encoding method comprising: generating Coding Unit (CU) chroma Quantization Parameter (QP) offset related information regarding a chroma component of a current coding unit based on a tree type and a size of the current coding unit; and encoding image information including the CU chroma QP offset related information, wherein the CU chroma QP offset related information includes a CU chroma QP offset flag and a CU chroma QP offset index for the current coding unit, wherein, based on at least one of a width and a height of the current coding unit being greater than 64 and the tree type not being a dual tree luma, the CU chroma QP offset related information is signaled.
However, claims of reference patent do not explicitly disclose the CU chroma QP offset index is obtained based on the CU chroma QP offset flag indicating that an entry in a CU QP offset list is used to determine a value of a CU chroma QP offset.
Zhao teaches the CU chroma QP offset index is obtained based on the CU chroma QP offset flag indicating that an entry in a CU QP offset list is used to determine a value of a CU chroma QP offset (claim 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the known technique of obtaining the CU chroma QP offset index based on the CU chroma QP offset flag because such incorporation would increase data coding efficiency of deriving a quantization parameter for a chroma component. Col. 1, lines 47-50.
Consider application claim 3 claim 4 of reference patent discloses a transmission method of data for image, the method comprising: obtaining a bitstream of image information including Coding Unit (CU) chroma Quantization Parameter (QP) offset related information for a chroma component of a current coding unit; and transmitting the data including the bitstream of the image information including the CU chroma QP offset related information, wherein the CU chroma QP offset related information is generated based on a tree type and a size of the current coding unit, wherein the CU chroma QP offset related information includes a CU chroma QP offset flag and a CU chroma QP offset index for the current coding unit, wherein, based on at least one of a width and a height of the current coding unit being greater than 64 and the tree type not being a dual tree luma, the CU chroma QP offset related information is signaled.
However, claims of reference patent do not explicitly disclose the CU chroma QP offset index is obtained based on the CU chroma QP offset flag indicating that an entry in a CU QP offset list is used to determine a value of a CU chroma QP offset.
Zhao teaches the CU chroma QP offset index is obtained based on the CU chroma QP offset flag indicating that an entry in a CU QP offset list is used to determine a value of a CU chroma QP offset (claim 3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the known technique of obtaining the CU chroma QP offset index based on the CU chroma QP offset flag because such incorporation would increase data coding efficiency of deriving a quantization parameter for a chroma component. Col. 1, lines 47-50.
Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. US 12,075,050 B2 (reference patent) in view of Zhao et al. (US 12,445,617 B2).
Consider application claim 1, claim 1 of reference patent discloses an image decoding method performed by a decoding apparatus, the method comprising: obtaining image information; and generating a reconstructed picture based on the image information, wherein the obtaining the image information comprises: obtaining prediction information and residual information for a chroma component of a current coding unit; and obtaining Coding Unit (CU) chroma Quantization Parameter (QP) offset related information for the current coding unit based on a tree type and a size of the current coding unit, wherein the CU chroma QP offset related information includes a CU chroma QP offset flag and a CU chroma QP offset index for the current coding unit, and wherein, based on at least one of a width and a height of the current coding unit being greater than 64 and the tree type not being a dual tree luma, the CU chroma QP offset related information is obtained.
However, claims of reference patent do not explicitly disclose the CU chroma QP offset index is obtained based on the CU chroma QP offset flag indicating that an entry in a CU QP offset list is used to determine a value of a CU chroma QP offset.
Zhao teaches the CU chroma QP offset index is obtained based on the CU chroma QP offset flag indicating that an entry in a CU QP offset list is used to determine a value of a CU chroma QP offset (claim 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the known technique of obtaining the CU chroma QP offset index based on the CU chroma QP offset flag because such incorporation would increase data coding efficiency of deriving a quantization parameter for a chroma component. Col. 1, lines 47-50.
Consider application claim 2, claim 2 of reference patent discloses an image encoding method, performed by an encoding apparatus, comprising: deriving prediction samples and residual samples for a chroma component of a current coding unit; generating a reconstructed picture based on the prediction samples and the residual samples; and encoding image information, wherein the encoding the image information comprises: generating prediction information for the current coding unit; deriving a chroma Quantization Parameter (QP) for the current coding unit; deriving transform coefficients for the current coding unit chroma block-by quantizing the residual samples based on the chroma QP; generating residual information for the transform coefficients; generating Coding Unit (CU) chroma QP offset related information for the chroma QP based on a tree type and a size of the current coding unit; and encoding image information including the CU chroma QP offset related information, the prediction information, and the residual information, wherein the CU chroma QP offset related information includes a CU chroma QP offset flag and a CU chroma QP offset index for the current coding unit, and wherein, based on at least one of a width and a height of the current coding unit being greater than 64 and the tree type not being a dual tree luma, the CU chroma QP offset related information is signaled.
However, claims of reference patent do not explicitly disclose the CU chroma QP offset index is obtained based on the CU chroma QP offset flag indicating that an entry in a CU QP offset list is used to determine a value of a CU chroma QP offset.
Zhao teaches the CU chroma QP offset index is obtained based on the CU chroma QP offset flag indicating that an entry in a CU QP offset list is used to determine a value of a CU chroma QP offset (claim 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the known technique of obtaining the CU chroma QP offset index based on the CU chroma QP offset flag because such incorporation would increase data coding efficiency of deriving a quantization parameter for a chroma component. Col. 1, lines 47-50.
Consider application claim 3 claim 4 of reference patent discloses a transmission method of data for image, the method comprising: obtaining a bitstream of image information including Coding Unit (CU) chroma Quantization Parameter (QP) offset related information, prediction information and residual information for a chroma component of a current coding unit; and transmitting the data including the bitstream of the image information including the CU chroma QP offset related information, the prediction information, and the residual information, wherein prediction samples for the current coding unit are derived based on the prediction information, wherein residual samples for the current coding unit are derived based on the residual information, wherein the CU chroma QP offset related information for a chroma QP for the current coding unit is generated based on a tree type and a size of the current coding unit chroma block, wherein the CU chroma QP offset related information includes a CU chroma QP offset flag and a CU chroma QP offset index for the current coding unit, and wherein, based on at least one of a width and a height of the current coding unit being greater than 64 and the tree type not being a dual tree luma, the CU chroma QP offset related information is signaled.
However, claims of reference patent do not explicitly disclose the CU chroma QP offset index is obtained based on the CU chroma QP offset flag indicating that an entry in a CU QP offset list is used to determine a value of a CU chroma QP offset.
Zhao teaches the CU chroma QP offset index is obtained based on the CU chroma QP offset flag indicating that an entry in a CU QP offset list is used to determine a value of a CU chroma QP offset (claim 3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the known technique of obtaining the CU chroma QP offset index based on the CU chroma QP offset flag because such incorporation would increase data coding efficiency of deriving a quantization parameter for a chroma component. Col. 1, lines 47-50.
Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. US 12,519,941 B2 (reference patent) in view of Zhao et al. (US 12,445,617 B2).
Consider application claim 1, claim 1 of reference patent discloses an image decoding method performed by a decoding apparatus, the method comprising: obtaining image information; and generating a reconstructed picture based on the image information, wherein the obtaining the image information comprises: obtaining prediction information and residual information for a chroma component of a current coding unit; and obtaining Coding Unit (CU) chroma Quantization Parameter (QP) offset related information for the current coding unit based on a tree type and a size of the current coding unit, wherein the CU chroma QP offset related information includes a CU chroma QP offset flag and a CU chroma QP offset index for the current coding unit, wherein the CU chroma QP offset flag is a flag for whether an entry in a CU QP offset list for the chroma component is used to determine a value of the CU chroma QP offset, wherein the CU chroma QP offset index is index information for the entry in the CU QP offset list for the chroma component, and wherein, based on at least one of a width and a height of the current coding unit being greater than 64 and the tree type not being a dual tree luma, the CU chroma QP offset related information is obtained.
However, claims of reference patent do not explicitly disclose deriving transform coefficients for the current coding unit based on the residual information; deriving a chroma QP for the current coding unit based on the CU chroma QP offset related information; deriving residual samples for the current coding unit by dequantizing the transform coefficients based on the chroma QP; and generating a reconstructed picture based on the residual samples.
Zhao teaches deriving transform coefficients for the current coding unit based on the residual information; deriving a chroma QP for the current coding unit based on the CU chroma QP offset related information; deriving residual samples for the current coding unit by dequantizing the transform coefficients based on the chroma QP; and generating a reconstructed picture based on the residual samples (claim 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the known technique of deriving a chroma QP for the current coding unit based on the CU chroma QP offset related information because such incorporation would increase data coding efficiency of deriving a quantization parameter for a chroma component. Col. 1, lines 47-50.
Consider application claim 2, claim 2 of reference patent discloses An image encoding method, performed by an encoding apparatus, comprising: deriving prediction samples and residual samples for a chroma component of a current coding unit; generating a reconstructed picture based on the prediction samples and the residual samples; and encoding image information, wherein the encoding the image information comprises: generating prediction information for the current coding unit; deriving a chroma Quantization Parameter (QP) for the current coding unit; deriving transform coefficients for the current coding unit by quantizing the residual samples based on the chroma QP; generating residual information for the transform coefficients; generating Coding Unit (CU) chroma QP offset related information for the chroma QP based on a tree type and a size of the current coding unit; and encoding image information including the CU chroma QP offset related information, the prediction information, and the residual information, wherein the CU chroma QP offset related information includes a CU chroma QP offset flag and a CU chroma QP offset index for the current coding unit, wherein the CU chroma QP offset flag is a flag for whether an entry in a CU QP offset list for the chroma component is used to determine a value of the CU chroma QP offset, wherein the CU chroma QP offset index is index information for the entry in the CU QP offset list for the chroma component, and wherein, based on at least one of a width and a height of the current coding unit being greater than 64 and the tree type not being a dual tree luma, the CU chroma QP offset related information is signaled.
However, claims of reference patent do not explicitly the CU chroma QP offset related information is encoded in a transform unit syntax for a first transform block which is a first decoded transform block among transform blocks of the current coding unit.
Zhao teaches the CU chroma QP offset related information is encoded in a transform unit syntax for a first transform block which is a first decoded transform block among transform blocks of the current coding unit (claim 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the known technique of deriving a chroma QP for the current coding unit based on the CU chroma QP offset related information because such incorporation would increase data coding efficiency of deriving a quantization parameter for a chroma component. Col. 1, lines 47-50.
Consider application claim 3 claim 4 of reference patent discloses A transmission method of data for image, the method comprising: obtaining a bitstream of image information including Coding Unit (CU) chroma Quantization Parameter (QP) offset related information, prediction information and residual information for a chroma component of a current coding unit; and transmitting the data including the bitstream of the image information including the CU chroma QP offset related information, the prediction information, and the residual information, wherein prediction samples for the current coding unit are derived based on the prediction information, wherein residual samples for the current coding unit are derived based on the residual information, wherein the CU chroma QP offset related information for a chroma QP for the current coding unit is generated based on a tree type and a size of the current coding unit, wherein the CU chroma QP offset related information includes a CU chroma QP offset flag and a CU chroma QP offset index for the current coding unit, wherein the CU chroma QP offset flag is a flag for whether an entry in a CU QP offset list for the chroma component is used to determine a value of the CU chroma QP offset, wherein the CU chroma QP offset index is index information for the entry in the CU QP offset list for the chroma component, and wherein, based on at least one of a width and a height of the current coding unit being greater than 64 and the tree type not being a dual tree luma, the CU chroma QP offset related information is signaled.
However, claims of reference patent do not explicitly the CU chroma QP offset related information is encoded in a transform unit syntax for a first transform block which is a first decoded transform block among transform blocks of the current coding unit.
Zhao teaches the CU chroma QP offset related information is encoded in a transform unit syntax for a first transform block which is a first decoded transform block among transform blocks of the current coding unit (claim 3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the known technique of deriving a chroma QP for the current coding unit based on the CU chroma QP offset related information because such incorporation would increase data coding efficiency of deriving a quantization parameter for a chroma component. Col. 1, lines 47-50.
Conclusion
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/TAT C CHIO/ Primary Examiner, Art Unit 2486
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