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 .
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 §§ 706.02(l)(1) - 706.02(l)(3) 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).
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Claims 1, 7, 8 and similar dependent claims are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of Copending Application APP 19/630,708. This is a provisional nonstatutory double patenting rejection because the conflicting claims have not in fact been patented. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is anticipated by the Copending Application and is covered by the Application since the Application and the application are claiming common subject matter, below is a list of limitations that perform the same function, however, different terminology may be used in both sets to describe the limitations, as follows, Claim 1 is used as an example to analyze the common subject matter:
Copending Application 19/630,708
Instant Application:-19/631,395
1. An image decoding method, comprising: obtaining, from a bitstream, transform information for a picture; determining a transform type based on the transform information; and performing a transform on the picture based on the transform type, wherein the transform type includes a flipping transform type for flipping the picture or a rotation transform type for rotating the picture, and wherein the bitstream includes projection information for mapping the picture to a three-dimensional coordinate system.
1. An image decoding method, comprising: obtaining, from a bitstream, transform information for a picture; determining a transform type based on the transform information; and performing a transform on the picture based on the transform type, wherein the transform type includes a rotation transform type for rotating the picture and a mixed transform type for rotating and flipping the picture, and wherein the bitstream includes projection information for mapping the picture to a three-dimensional coordinate system.
As demonstrated, the claim of Copending Application 19/630,708 anticipate the features of the claim of instant application 19/631,395.
A nonstatutory type (35 U.S.C. 101) double patenting rejection can be overcome by amending the conflicting claims so they are no longer coextensive in scope or filing of a terminal disclaimer.
Examiner’s Note
Claims 1-6 refer to "An image decoding method”, Claim 7 refers to "An image encoding method”, and Claim 8 refers to "A method for transmitting a bitstream”. Claims 7-8 are similarly rejected in light of rejection of claims 1-6, any obvious combination of the rejection of claims 1-6, or the differences are obvious to the ordinary skill in the art. It is well known in the art that encoding and decoding are reverse processes of video coding method/system.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu et al. (US 20180041774 A1), hereinafter Zhu, in view of Jiang et al. (US 20150373329 A1), hereinafter Jiang.
Regarding claim 1, Zhu discloses an image decoding method, comprising (Abstract): obtaining, from a bitstream, information for a picture (Fig. 17); determining a transform type based on the transform information ([0053]); and performing a transform on the picture based on the transform type, wherein the transform type includes a rotation transform type for rotating the picture and a mixed transform type for rotating and flipping the picture ([0053]-[0055]).
Zhu discloses all the elements of claim 1 but Zhu does not appear to explicitly disclose in the cited section and wherein the bitstream includes projection information for mapping the picture to a three-dimensional coordinate system.
However, Jiang from the same or similar endeavor teaches transform information ([0016]); and wherein the bitstream includes projection information for mapping the picture to a three-dimensional coordinate system (Fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zhu to incorporate the teachings of Jiang to efficiently encode repetitive structures (Jiang, [0015]). Similar reasoning/motivation of modification can be applied/extended to the other related/dependent claims.
Regarding claim 2, Zhu in view of Jiang discloses the image decoding method of claim 1, wherein the rotation transform type indicates a transform type for rotating the picture in a counter-clockwise direction (Zhu, [0053]).
Regarding claim 3, Zhu in view of Jiang discloses the image decoding method of claim 1, wherein the mixed transform type indicate a transform type for rotating the picture after flipping the picture (Zhu, [0053]-[0055]).
Regarding claim 4, Zhu in view of Jiang discloses the image image decoding method of claim 1, wherein the mixed transform type indicate a transform type for flipping the picture after rotating the picture (It is obvious to the ordinary skill in the art).
Regarding claim 5, Zhu in view of Jiang discloses the image decoding method of claim 1, wherein a direction of the rotating of the mixed transform type is a counter-clockwise direction (It is obvious to the ordinary skill in the art).
Regarding claim 6, Zhu in view of Jiang discloses the image decoding method of claim 1, wherein the transform type further includes a no-transform type (It is obvious to the ordinary skill in the art).
Regarding claim 7-8, See Examiner’s Note. Wang et al. (US 20130129326 A1), [0153], rotation and flipping; Joshi et al. (US 20140226721 A1), [0099], transform skip mode.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMAD J RAHMAN whose telephone number is (571)270-7190. The examiner can normally be reached Monday-Friday 9AM-5PM.
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/Mohammad J Rahman/Primary Examiner, Art Unit 2487
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