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 .
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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) 13 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2022/0256203 A1 (“Zhang”).
Regarding claim 13, Zhang discloses a non-transitory computer-readable recording medium storing a bitstream generated by the image encoding method of claim 12 (e.g. see at least DVDs, paragraphs [0037], [0235]).
For completeness, claim 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2015/0016537 A1 (“Karczewicz”).
Regarding claim 13, Karczewicz discloses a non-transitory computer-readable recording medium storing a bitstream generated by the image encoding method of claim 12 (e.g. see at least 34 in Fig. 1, paragraphs [0033], [0038]; note: the non-transitory computer-readable medium merely serves as a support for the bitstream, see MPEP 2111.05. No patentable weight is given to the bitstream).
Response to Arguments
Applicant's arguments filed 1/27/26 have been fully considered but they are not persuasive.
Applicant asserts on pages 9-11 of the Remarks that the claims should be patentable because the claims have been amended.
However, the examiner respectfully disagrees. Although claims 1-12 and 14 are allowed, claim 13 remains anticipated by Zhang and/or Karczewicz for the same reasons as indicated in the last office action, dated 10/27/25. That is, the non-transitory computer-readable recording medium merely serves as a support for the bitstream, see MPEP 2111.05. No patentable weight is given to the bitstream. Therefore, Zhang, in at least paragraph [0037], [0235], disclosing DVDs and/or Karczewicz, in at least 34 in Fig. 1, meet the limitations in the broadest reasonable sense.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2021/0136395 A1, Jun et al., Method and apparatus for encoding and decoding using selective information sharing between channels
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 FRANCIS G GEROLEO whose telephone number is (571)270-7206. The examiner can normally be reached M-F 7:00 am - 3:30 pm.
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, Anna M Momper can be reached on (571) 270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Francis Geroleo/Primary Examiner, Art Unit 3619