Detailed Action
I. ACKNOWLEDGEMENTS
This Office Action addresses U.S. Application No. 18/375620 (the “620 Application” or “instant application”). Based upon a review of the instant application, the actual filing date of the instant application is October 2, 2023. For reissue applications filed on or after September 16, 2012, all references to 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73 are to the current provisions.
The instant application is a reissue of US Patent 11,563,794 (“’794 Patent”), which was filed on October 6, 2021, as US Application 17/495,400 (“the ‘400 Application”), entitled “FULL REFERENCE VIDEO QUALITY MEASUREMENTS OF VIDEO CONFERENCING OVER THE CONGESTED NETWORKS.”
Based upon Applicant’s statements as set forth in the instant application and after the
Examiner's independent review of the ‘794 patent itself and its prosecution history, the Examiner finds that he cannot locate any ongoing proceeding before the Office or current ongoing litigation involving the ‘794 patent. Also based upon the Examiner's independent review of the ‘794 patent itself and the prosecution history, the Examiner cannot locate any previous reexaminations, supplemental examinations, or certificates of correction.
II. CLAIM STATUS
The ‘794 Patent issued with claims 1-20 (“Patented Claims”). As of the date of this Office Action, the status of the claims is:
Claims 1-20 are pending. (“Pending Claims”).
Claims 1-20 are treated on the merits below (“Examined Claims”)
III. PRIORITY CLAIMS
Based upon a review of the instant application and ‘794 patent, the Examiner finds that current application does not claim priority under 35 USC 119 or 120.
Because the effective filing date of the instant application is after March 16,
2013, the AIA First Inventor to File (“AIA -FITF”) provisions do apply to this proceeding.
IV. REISSUE DECLARATION
The reissue oath/declaration filed with this application is defective (see 37 CFR 1.175 and MPEP § 1414) because of the following:
The reissue oath/declaration filed with this application is defective because the error which is relied upon to support the reissue application is not an error upon which a reissue can be based. See 37 CFR 1.175and MPEP § 1414. Specifically, the error presented is citing new references that were not previously cited. However, under MPEP 1455 VII, a patent cannot be reissued solely for the purposes of adding citations of additional prior art. As such, the error presented is not a valid error on which to base a reissue.
Claims 1-20 rejected as being based upon a defective reissue declaration under 35 U.S.C. 251 as set forth above. See 37 CFR 1.175.
The nature of the defect(s) in the declaration is set forth in the discussion above in this Office action.
V. INFORMATION DISCLOSURE STATEMENTS
Because the prior art cannot be the basis for a reissue, no valid error has been presented. As such, the references on the IDS statements have not been considered.
VI. TREATMENT ON THE MERITS
No valid error has been presented on which to base the reissue. Accordingly, the claims are not being treated on the merits.
VII. CONCLUSION
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT L NASSER whose telephone number is (571)272-4731. The examiner can normally be reached M-F 8-6.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexander Kosowski can be reached on (571) 272-3744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ROBERT L NASSER/Primary Examiner, Art Unit 3992
Conferees:
/ADAM L BASEHOAR/Primary Examiner, Art Unit 3992
/ALEXANDER J KOSOWSKI/Supervisory Patent Examiner, Art Unit 3992
Prosecution Insights