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
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot in view of the new grounds of rejection.
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 1-3, 5, 6, and 8 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.
Claims 1, 6, and 8 recite the limitation “a single syntax element” for indicating a number of partitioning times for a current block. The applicant’s originally filed specification fails to disclose this limitation. The applicant argues [0611] and [0615] of the applicant’s specification as disclosing the aforementioned limitation (see remarks pg. 6 para. 1 -pg. 7 para. 3). The examiner respectfully disagrees. [0611] teaches type-based partitioning may generate partitioning information with index information, however, [0611] does not limit the index information to a “single syntax element”. [0615] teaches a block acquired through the type- based partitioning may no longer be further partitioned. However, [0615] does not teach a “single syntax element” is used for partitioning. Further, [0622] teaches tree-based and type-based partitioning may be used in conjunction. Therefore, in view of [0615] and claims 1, 6, and8, there may exist a case where tree-based partitioning is first performed and subsequent type based partitioning is performed on a block with the type based partitioning occurring after at least one other syntax element is parsed for performing the tree-based partitioning.
Claims 2, 3, and 5 are rejected based on their respective dependencies upon claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Duvivier (US 2005/0286634) (FIG. 10, label 258, [0066], a table containing unique identifiers ranging from 0-258 for each respective partition type of the 129 partition types).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFERY A WILLIAMS whose telephone number is (571)270-7579. The examiner can normally be reached M-F 8:00-5:00.
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/JEFFERY A WILLIAMS/Primary Examiner, Art Unit 2488
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