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
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 18353437, filed on 07/17/23.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/24/26 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
Claim 5 recitation of a bitstream encoded by an encoding method comprising…” is a product by process claim limitation where the product is the bitstream and the process is the method steps to generate the bitstream. MPEP §2113 recites “Product-by-Process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps”. Thus, the scope of the claim is the storage medium storing the bitstream (with the structure implied by the method steps). The structure includes samples, current block and other information manipulated by the steps.
To be given patentable weight, recording medium 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 recording medium 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 storage medium storing the claimed bitstream in claim 5 merely services as a support for the storing of the bitstream and provides no functional relationship between the stored bitstream and storage medium. Therefor the structure of the bitstream, which scope is implied by the method steps, is non-functional descriptive material and given no patentable weight. MPEP §2111.05(III).
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 5 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by He et al. US 2022/0368947.
As to claim 5, He teaches a non-transitory computer-readable storage medium storing a bitstream which is encoded by an encoding method, the encoding method comprising: deriving reference samples for predicting a current block; deriving prediction samples of the current block based on the reference samples; and obtaining residual samples of the current block by subtracting the prediction samples from original samples, wherein the deriving reference samples includes: when at least one of the reference samples is located outside the boundary of an image, at least one of samples located at the opposite plane of the boundary of the image is used instead of the at least one of the reference samples outside the boundary of the image, and wherein the at least one of samples located at the opposite plane of the boundary of the image is determined based on an offset and a width of the image.
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 1-5 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 of U.S. Patent No. 11706408 in view of He et al. US 2022/0368947. Although the claims at issue are not identical, they are not patentably distinct from each other because the conflicting claims are not identical in terms of wording and terminology, the scopes of the claims are the same, and they are not patentably distinct from each other as they are obvious variations of one another. U.S. Patent No. 11706408 doe not explictly recite "reconstructing the current block based on the prediction samples" and "obtaining residual samples of the current block by subtracting the prediction samples from original samples". He teaches reconstructing the current block based on the prediction samples and obtaining residual samples of the current block by subtracting the prediction samples from original samples. [figs. 6-7; ¶ 0106-0109] It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the techniques of He with the teachings of current application 19/353348 allowing for improved coding efficiency.
19/353348
11,706,408
1. A method of decoding a video, the method comprising: decoding information for predicting a current block; deriving reference samples based on the information of the current block; deriving prediction samples of the current block based on the reference samples; and reconstructing the current block based on the prediction samples, wherein deriving the reference samples includes: when at least one of the reference samples is located outside the boundary of an image, at least one of samples located at the opposite plane of the boundary of the image is used instead of the at least one of the reference samples outside the boundary of the image, and wherein the at least one of samples located at the opposite plane of the boundary of the image is determined based on an offset and a width of the image.
1. A method of decoding an image, the method comprising: decoding information related to reference samples for predicting a current block; deriving reference samples based on the information; and deriving prediction samples of the current block based on the reference samples, wherein the deriving reference samples includes: when at least one of the reference samples is located outside the boundary of the image, the at least one of the reference samples outside the boundary of the image is replaced based on at least one of samples located at the opposite plane of the boundary of the image, and wherein the at least one of samples located at the opposite plane of the boundary of the image is determined based on an offset and a width of the image.
2. The method of claim 1, wherein the image is an omnidirectional image that is projected by an equirectangular projection (ERP) format, and composed of a single face.
2. The method of claim 1, wherein the image is an omnidirectional image that is projected by an equirectangular projection (ERP) format, and composed of a single face.
3. A method of encoding a video, the method comprising: deriving reference samples for predicting a current block; deriving prediction samples of the current block based on the reference samples; and obtaining residual samples of the current block by subtracting the prediction samples from original samples, wherein the deriving reference samples includes: when at least one of the reference samples is located outside the boundary of an image, at least one of samples located at the opposite plane of the boundary of the image is used instead of the at least one of the reference samples outside the boundary of the image, and wherein the at least one of samples located at the opposite plane of the boundary of the image is determined based on an offset and a width of the image.
3. A method of encoding an image, the method comprising: deriving reference samples for predicting a current block; and deriving prediction samples of the current block based on the reference samples, wherein the deriving reference samples includes: when at least one of the reference samples is located outside the boundary of the image, the at least one of the reference samples outside the boundary of the image is replaced based on at least one of samples located at the opposite plane of the boundary of the image, and wherein the at least one of samples located at the opposite plane of the boundary of the image is determined based on an offset and a width of the image.
4. The method of claim 3, wherein the image is an omnidirectional image that is projected by an equirectangular projection (ERP) format, and composed of a single face.
4. The method of claim 3, wherein the image is an omnidirectional image that is projected by an equirectangular projection (ERP) format, and composed of a single face.
5. A non-transitory computer-readable storage medium storing a bitstream which is encoded by an encoding method, the encoding method comprising: deriving reference samples for predicting a current block; deriving prediction samples of the current block based on the reference samples; and obtaining residual samples of the current block by subtracting the prediction samples from original samples, wherein the deriving reference samples includes: when at least one of the reference samples is located outside the boundary of an image, at least one of samples located at the opposite plane of the boundary of the image is used instead of the at least one of the reference samples outside the boundary of the image, and wherein the at least one of samples located at the opposite plane of the boundary of the image is determined based on an offset and a width of the image.
5. A non-transitory computer-readable storage medium storing a bitstream which is encoded by an encoding method, the encoding method comprising: deriving reference samples for predicting a current block; and deriving prediction samples of the current block based on the reference samples, wherein the deriving reference samples includes: when at least one of the reference samples is located outside the boundary of an image, the at least one of the reference samples outside the boundary of the image is replaced based on at least one of samples located at the opposite plane of the boundary of the image, and wherein the at least one of samples located at the opposite plane of the boundary of the image is determined based on an offset and a width of the image.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNER HOLDER whose telephone number is (571)270-1549. The examiner can normally be reached M-F 7:30-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Ustaris can be reached at 571.272.7383. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANNER HOLDER/Primary Examiner, Art Unit 2483
