DETAILED ACTION
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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
CONTINUING DATA
This application is a CON of 19/187,903 04/23/2025
19/187,903 is a CON of 18/907,441 10/04/2024 PAT 12341961
18/907,441 is a CON of 17/818,650 08/09/2022 PAT 12177431
17/818,650 is a CON of 17/328,273 05/24/2021 PAT 11659178
17/328,273 is a CON of 16/341,792 04/12/2019 PAT 11057624
16/341,792 is a 371 of PCT/KR2017/011213 10/12/2017
FOREIGN APPLICATIONS
KOREA, REPUBLIC OF 10-2016-0133754 10/14/2016
KOREA, REPUBLIC OF 10-2016-0133757 10/14/2016
KOREA, REPUBLIC OF 10-2017-0127942 09/29/2017
KOREA, REPUBLIC OF 10-2017-0127939 09/29/2017
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.
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Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5, 9 of U.S. Patent No. 11659178 in view of Oh (US 2013/0022115 A1). Oh teaches the current image includes a padded area, wherein the padded area is constructed by horizontal copying of adjacent pixels in the padded area (e.g. Oh, Paragraph [0100]). Although the claims at issue are not identical, they are not patentably distinct from each other.
Instant U.S. Application No. 19/341,246
U.S. Patent No. 11,659,178
1. A video decoding method comprising: determining a partition type of an upper block including a current block; deriving a reference candidate list for the current block based on the partition type of the upper block; deriving prediction information of the current block based on the reference candidate list; and generating a prediction block of the current block based on the prediction information, wherein the reference candidate list includes at least one candidate block or prediction information of the at least one candidate block, wherein, in case that the upper block of the current block includes a neighboring block adjacent to the current block, the reference candidate list does not include the neighboring block of the current block, as a candidate block, and the reference candidate list includes one or more blocks adjacent to the neighboring block of the current block but not to the current block, as candidate blocks,
wherein the upper block is obtained by partitioning a current image, wherein the current image includes a padded area, and wherein the padded area is constructed by horizontal copying of adjacent pixels in the padded area.
1. A video decoding method comprising: determining a partition type of an upper block including a current block; deriving a reference candidate list for the current block based on the partition type of the upper block; deriving prediction information of the current block based on the reference candidate list; and generating a prediction block of the current block based on the prediction information, wherein the reference candidate list includes at least one candidate block or prediction information of the at least one candidate block, and wherein, in case that the upper block of the current block includes a neighboring block adjacent to the current block, the reference candidate list does not include the neighboring block of the current block, as a candidate block, and the reference candidate list includes one or more blocks adjacent to the neighboring block of the current block but not to the current block, as candidate blocks.
As illustrated above, the subject matter of pending claims 1-3 of the instant application are rejected under non-provisional nonstatutory double patenting over patented claims 1, 5, 9 of U.S. Patent No. 11,659,178 in view of Oh (US 2013/0022115 A1).
Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 11909971 in view of Oh (US 2013/0022115 A1). Oh teaches the current image includes a padded area, wherein the padded area is constructed by horizontal copying of adjacent pixels in the padded area (e.g. Oh, Paragraph [0100]). Although the claims at issue are not identical, they are not patentably distinct from each other.
Instant U.S. Application No. 19/341,246
U.S. Patent No. 11,909,971
1. A video decoding method comprising: determining a partition type of an upper block including a current block; deriving a reference candidate list for the current block based on the partition type of the upper block; deriving prediction information of the current block based on the reference candidate list; and generating a prediction block of the current block based on the prediction information, wherein the reference candidate list includes at least one candidate block or prediction information of the at least one candidate block, wherein, in case that the upper block of the current block includes a neighboring block adjacent to the current block, the reference candidate list does not include the neighboring block of the current block, as a candidate block, and the reference candidate list includes one or more blocks adjacent to the neighboring block of the current block but not to the current block, as candidate blocks,
wherein the upper block is obtained by partitioning a current image, wherein the current image includes a padded area, and wherein the padded area is constructed by horizontal copying of adjacent pixels in the padded area.
1. A video decoding method comprising: determining a partition type of an upper block including a current block; deriving a reference candidate list for the current block based on the partition type of the upper block; deriving prediction information of the current block based on the reference candidate list; and generating a prediction block of the current block based on the prediction information, wherein the reference candidate list includes at least one candidate block, wherein, when the upper block includes a neighboring block adjacent to the current block, the reference candidate list for the current block includes a candidate block adjacent to the neighboring block but not to the current block, and wherein, when the upper block includes a neighboring block adjacent to the current block, the reference candidate list for the current block does not include the neighboring block as a candidate block.
As illustrated above, the subject matter of pending claims 1-3 of the instant application are rejected under non-provisional nonstatutory double patenting over patented claims 1-3 of U.S. Patent No. 11,909,971 in view of Oh (US 2013/0022115 A1).
Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 4 of U.S. Patent No. 11909970 in view of Oh (US 2013/0022115 A1). Oh teaches the current image includes a padded area, wherein the padded area is constructed by horizontal copying of adjacent pixels in the padded area (e.g. Oh, Paragraph [0100]). Although the claims at issue are not identical, they are not patentably distinct from each other.
Instant U.S. Application No. 19/341,246
U.S. Patent No. 11,909,970
1. A video decoding method comprising: determining a partition type of an upper block including a current block; deriving a reference candidate list for the current block based on the partition type of the upper block; deriving prediction information of the current block based on the reference candidate list; and generating a prediction block of the current block based on the prediction information,
wherein the reference candidate list includes at least one candidate block or prediction information of the at least one candidate block, wherein, in case that the upper block of the current block includes a neighboring block adjacent to the current block, the reference candidate list does not include the neighboring block of the current block, as a candidate block, and the reference candidate list includes one or more blocks adjacent to the neighboring block of the current block but not to the current block, as candidate blocks,
wherein the upper block is obtained by partitioning a current image, wherein the current image includes a padded area, and wherein the padded area is constructed by horizontal copying of adjacent pixels in the padded area.
1. A video decoding method comprising: determining a partition type of an upper block including a current block; deriving a reference candidate list for the current block based on the partition type of the upper block; deriving prediction information of the current block based on the reference candidate list; generating a prediction block of the current block based on the prediction information; and reconstructing the current block based on the prediction block and a residual block of the current block, wherein the reference candidate list includes at least one candidate block, and wherein, when the upper block includes a neighboring block adjacent to the current block, the reference candidate list for the current block includes a candidate block adjacent to the neighboring block but not to the current block.
As illustrated above, the subject matter of pending claims 1-3 of the instant application are rejected under non-provisional nonstatutory double patenting over patented claims 1, 3, 4 of U.S. Patent No. 11,909,970 in view of Oh (US 2013/0022115 A1).
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)(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 3 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Joshi (US 20160150234 A1).
Claim 3 is directed to a non-transitory computer readable storage medium (CRM) storing a bitstream generated by a video encoding method. The claim does not recite that the CRM contains executable instruction, that when executed, implement the encoding method. The bitstream is a product produced by the encoding method. Therefore, the claims are not limited to the recited steps, only the structure implied by the steps. (See MPEP 2113 - Product-by-Process claims.) Hence, the encoding method steps recited are given patentable weight only to structures in the bitstream that are implied by the steps.
To be given patentable weight, the CRM and the bitstream (i.e. descriptive material) must be in a functional relationship. A functional relationship can be found where the descriptive material performs some function with respect to the CRM to which it is associated. See MPEP §2111.05(I)(A). When a claimed “computer-readable medium merely serves as a support for information or data, no functional relationship exists”. MPEP §2111.05(III).
The CRM storing the claimed bitstream in claim 3 merely services as a support for the CRM of the bitstream and provides no functional relationship between the stored bitstream and the CRM.
Therefore, the structure bitstream, which scope is implied by the method steps, is non-functional descriptive material and given no patentable weight. MPEP §2111.05(III).
Thus, the claim scope is just a storage medium storing data and is anticipated by Joshi et al. (US 20160150234 A1) which recites a storage medium storing a bitstream ([0156] storing the encoded bitstream on a storage medium).
Allowable Subject Matter
Claims 1-3 would be allowable if double patenting rejections and 102 rejection regarding CRM storing a bitstream are overcome.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Helle (US 2013/0287116 A1), discloses block partitioning;
Siekmann (US 2013/0034159 A1), discloses method for block partitioning;
Tsukuba (US 2017/0142442 A1), discloses recursive partitioning;
Hendry (US 2015/0358640 A1), discloses conformance parameters;
Lundin (US 8,687,654 B1), discloses a video streaming method.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YULIN SUN whose telephone number is (571)270-1043. The examiner can normally be reached 10AM - 6PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jay Patel can be reached on 571-272-2988. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YULIN SUN/Primary Examiner, Art Unit 2485