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 .
Response to Arguments/Amendments
Presented arguments have been fully considered, but are rendered moot in view of the new ground(s) of rejection necessitated by amendment(s) initiated by the applicant(s).
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 120 as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994)
The disclosure of the prior-filed application, Application No. 16/461,830, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. Claims 1-30 are rejected below for introducing materials that were not part of the original disclosure. Accordingly, claim 16-30 are not entitled to the benefit of the prior application.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 31 and 36-38 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Applicant has not pointed out where the new (or amended) claim is supported, nor does there appear to be a written description of the claim limitation “determining whether to split a current block into a plurality of partition blocks or not; in response to determining to split the current block into the plurality of partition blocks, splitting the current block into the plurality of partitions blocks, wherein each of the plurality of partition blocks is a transform unit used as a unit for performing an inverse transform, wherein a prediction unit in the current block is determined based on a transform unit partitioning structure of the current block, wherein the prediction unit for performing intra prediction is formed by merging two or more transform units, and wherein transform units that form a single prediction unit have the same transform type”(claim 31), “wherein in response to the current block being split into two partition blocks, a transform skip flag indicating whether an inverse-transform is skipped or not is not transmitted through the bitstream regardless of a size of two partition blocks, and skipping the inverse-transform are not allowed for the two partition blocks’ (claim 36), “splitting a current block into a plurality of partition blocks; and encoding a flag indicating whether the current block is split into the plurality of partition blocks or not, wherein each of the plurality of partition blocks is used as a unit for performing a transform, wherein a prediction unit in the current block is determined based on a transform unit partitioning structure of the current block, wherein the prediction unit for performing intra prediction is formed by merging two or more transform units, and wherein transform units that form a single prediction unit have the same transform type” (claim 37), “encoding a flag indicating whether the current block is split into the plurality of partition blocks or not, wherein each of the plurality of partition blocks is a transform unit used as a unit for performing a transform, wherein a prediction unit in the current block is determined based on a transform unit partitioning structure of the current block, wherein the prediction unit for performing intra prediction is formed by merging two or more transform units, and wherein transform units that form a single prediction unit have the same transform type” (claim 38) in the application as filed.
Nowhere in any of ¶00246-00248, of the originally filed application, is described the embodiments recited in any of amended claims 31, 36, 37 and 38.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CLIFFORD HILAIRE whose telephone number is (571)272-8397. The examiner can normally be reached 5:30-1400.
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CLIFFORD HILAIRE
Primary Examiner
Art Unit 2488
/CLIFFORD HILAIRE/Primary Examiner, Art Unit 2488
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