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 sent in response to Applicant’s Communication received 30 March 2026 for application number 19/341,641. The Office hereby acknowledges receipt of the following and placed of record in file: Specification, Drawings, Abstract, Oath/Declaration, Claims.
Claims 2-21are presented for examination.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on the following dates are in compliance with the provisions of 37 CFR 1.97 and are being considered by the Examiner: 12/1/25.
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 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,452,433. Although the claims at issue are not identical, they are not patentably distinct from each other.
Regarding claim 2, ‘433 discloses a method for video encoding, comprising: determining a primary transform type of a primary transform to be used to encode a transform block (TB); entropy encoding secondary transform type information for the TB based on the primary transform type used for the TB, the secondary transform type information indicating a secondary transform type of a secondary transform in a set of secondary transforms that is to be performed on the TB; generating coded information for the TB indicating the primary transform type; and generating a coded video bitstream including the coded information and the entropy encoded secondary transform type information (claim 1).
Regarding claim 3, see teachings of claim 2. ‘433 further discloses wherein the entropy encoding includes entropy encoding the secondary transform type information for the TB based on (i) the primary transform type used for the TB and (ii) at least one of a prediction mode used for the TB and a size of the TB (claim 2).
Regarding claim 4, see teachings of claim 2. ‘433 further discloses wherein the entropy encoding further comprises determining a context for entropy encoding the secondary transform type information based on the primary transform type used for the TB (claim 3).
Regarding claim 5, see teachings of claims 2 and 4. ‘433 further discloses wherein the primary transform indicated by the primary transform type includes a horizontal transform indicated by a horizontal primary transform type and a vertical transform indicated by a vertical primary transform type, and the determining the context further includes determining the context for entropy encoding the secondary transform type information based on whether the horizontal primary transform type and the vertical primary transform type are both discrete cosine transforms (DCTs) or both asymmetric discrete sine transforms (ADSTs) (claim 4).
Regarding claim 6, see teachings of claims 2 and 4. ‘433 further discloses wherein the primary transform indicated by the primary transform type includes a horizontal transform indicated by a horizontal primary transform type and a vertical transform indicated by a vertical primary transform type, and the determining the context further includes determining the context for entropy encoding the secondary transform type information based on whether the horizontal primary transform type and the vertical primary transform type are both discrete cosine transforms (DCTs) or both line graph transforms (LGTs) (claim 5).
Regarding claim 7, see teachings of claims 2 and 4. ‘433 further discloses wherein the primary transform indicated by the primary transform type includes a horizontal transform indicated by a horizontal primary transform type and a vertical transform indicated by a vertical primary transform type, and the determining the context further includes determining the context for entropy encoding the secondary transform type information based on whether the horizontal primary transform type and the vertical primary transform type are (i) both discrete cosine transforms (DCTs), (ii) both line graph transforms (LGTs), (iii) a DCT and an LGT, respectively, or (iv) an LGT and a DCT, respectively (claim 6).
Regarding claim 8, see teachings of claim 2. ‘433 further discloses wherein the primary transform indicated by the primary transform type includes a horizontal transform indicated by a horizontal primary transform type and a vertical transform indicated by a vertical primary transform type, and the entropy encoding further includes entropy encoding the secondary transform type information based on whether the horizontal primary transform type and the vertical primary transform type are both discrete cosine transforms (DCTs) (claims 4-7).
Regarding claim 9, see teachings of claim 2. ‘433 further discloses wherein the primary transform indicated by the primary transform type includes a horizontal transform indicated by a horizontal primary transform type and a vertical transform indicated by a vertical primary transform type, and the entropy encoding further includes entropy encoding the secondary transform type information based on whether the horizontal primary transform type and the vertical primary transform type are both discrete cosine transforms (DCTs) or are both asymmetric discrete sine transforms (ADSTs) (claim 4).
Regarding claim 10, see teachings of claim 2. ‘433 further discloses wherein the secondary transform type information includes a secondary transform index (claim 1).
Regarding claim 11, ‘433 discloses a method for video decoding, comprising: decoding coded information for a transform block (TB) from a coded video bitstream, the coded information indicating a primary transform type of a primary transform used for the TB; entropy decoding secondary transform type information for the TB based on the primary transform type used for the TB, the secondary transform type information indicating a secondary transform type of a secondary transform in a set of secondary transforms that is to be performed on the TB; and performing the secondary transform indicated by the secondary transform type information on the TB (claim 9).
Regarding claim 12, see teachings of claim 11. ‘433 further discloses wherein the coded video bitstream further indicates at least one of a prediction mode used for the TB and a size of the TB; and the entropy decoding includes entropy decoding the secondary transform type information for the TB based on (i) the primary transform type used for the TB and (ii) at least one of the prediction mode used for the TB and the size of the TB (claim 10).
Regarding claim 13, see teachings of claim 11. ‘433 further discloses wherein the primary transform indicated by the primary transform type includes a horizontal transform indicated by a horizontal primary transform type and a vertical transform indicated by a vertical primary transform type, and the entropy decoding further includes entropy decoding the secondary transform type information based on whether the horizontal primary transform type and the vertical primary transform type are both discrete cosine transforms (DCTs) (claim 12).
Regarding claim 14, see teachings of claim 11. ‘433 further discloses wherein the primary transform indicated by the primary transform type includes a horizontal transform indicated by a horizontal primary transform type and a vertical transform indicated by a vertical primary transform type, and the entropy decoding further includes entropy decoding the secondary transform type information based on whether the horizontal primary transform type and the vertical primary transform type are both discrete cosine transforms (DCTs) or are both asymmetric discrete sine transforms (ADSTs) (claim 12).
Regarding claim 15, see teachings of claim 11. ‘433 further discloses wherein the secondary transform type information includes a secondary transform index (claim 9).
Regarding claim 16, the claim is interpreted and rejected for the same reason as set forth in claim 2.
Regarding claim 17, the claim is interpreted and rejected for the same reason as set forth in claim 3.
Regarding claim 18, the claim is interpreted and rejected for the same reason as set forth in claim 8.
Regarding claim 19, the claim is interpreted and rejected for the same reason as set forth in claim 5.
Regarding claim 20, the claim is interpreted and rejected for the same reason as set forth in claim 10.
Regarding claim 21, the claim is interpreted and rejected for the same reason as set forth in claim 4.
Prior Art not relied upon: Please refer to the references listed in attached PTO-892, which are not relied upon for the claim rejections, since these references are pertinent to the disclosure.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NGUYEN T TRUONG whose telephone number is (571)272-5262. The examiner can normally be reached on Mon - Fri, 6AM - 2PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JAMIE ATALA can be reached on 571-272-7384. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NGUYEN T TRUONG/Primary Examiner, Art Unit 2486
Prosecution Insights