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 .
Status of Claims
2. This is a final action on the merits in response to the reply received 1/21/2026.
Response to Arguments
Applicant’s arguments have been considered but are not persuasive.
Claim 40 have been interpreted above as nonfunctional descriptive material under MPEP 2111.05(III) and the case law cited therein because it recites “A non-transitory computer readable storage medium storing the bitstream”. As such, claim 40 is subject to a prior art rejection based on any non-transitory computer readable medium known before the earliest effective filing date of the present application. In other words, the proper interpretation of claim 40 is merely a machine-readable media in which the media is merely a support or carrier for the data being stored wherein the data stored and the way such data is generated should not be given patentable weight. Although any machine-readable media is considered analogous to claim 40 given their proper interpretation as a mere data carrier, Wang discloses a computer readable medium in [0128]).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 40 are rejected under 35 U.S.C. 102A2 as being anticipated by US 20210314596 A1-Wang et al (Hereinafter referred to as “Wang”).
Claim 40 have been interpreted above as nonfunctional descriptive material under MPEP 2111.05(III) and the case law cited therein because it recites “A non-transitory computer readable storage medium storing the bitstream”. As such, claim 40 is subject to a prior art rejection based on any non-transitory computer readable medium known before the earliest effective filing date of the present application. In other words, the proper interpretation of claim 40 is merely a machine-readable media in which the media is merely a support or carrier for the data being stored wherein the data stored and the way such data is generated should not be given patentable weight. Although any machine-readable media is considered analogous to claim 40 given their proper interpretation as a mere data carrier, Wang discloses a computer readable medium in [0128]).
Allowable Subject Matter
Claims 1-39 allowed.
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 LERON BECK whose telephone number is (571)270-1175. The examiner can normally be reached M-F 8 am-5pm.
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LERON . BECK
Examiner
Art Unit 2487
/LERON BECK/Primary Examiner, Art Unit 2487