DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/30/2026 has been entered.
Following prior arts are considered pertinent to applicant's disclosure.
CN113347422A (hereinafter CN422)
Chen Tong et al , “End-to-End Learnt Image Compression via Non-Local Attention Optimization and Improved Context Modeling” IEEE TRANSACTIONS ON IMAGE PROCESSING, IEEE, USA, vol. 30, 19 February 2021 (2021-02-19), pages 3179-319” (hereinafter Chen)
US 20230154055 A1 (hereinafter Besenbruch)
Allowable Subject Matter
Claims 1, 4, 6-7, 10-11, 13-30 are allowable if pending double patenting rejections are overcome. The claims are not obvious over any single or combination of prior arts found during search.
Response to Remarks/Arguments
Applicant’s arguments with respect claim rejection have been fully considered
Re: Double Patenting rejection
Applicant indicated as no claim have yet been allowed, it is respectfully submitted that no terminal disclaimer need be filed. Given all claims are allowable now, examiner expecting applicant would file terminal disclaimer now.
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-30 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims of US patent 12537980. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are taught by obvious combinations of patented claims. For instance, instant claim 30 is taught by patented claims 1-3. Other independent claims are obvious variations of claim 30 (as also indicated in applicant remarks) therefore they are also obvious over patented claims. Instant dependent claims are obvious variations and permutations of the patented claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Shahan Rahaman whose telephone number is (571)270-1438. The examiner can normally be reached on 7am - 3:30pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nasser Goodarzi can be reached at telephone number (571) 272-4195. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/SHAHAN UR RAHAMAN/Primary Examiner, Art Unit 2426
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