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 .
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.
Claim(s) 3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2014/0321547 A1 (“Takehara”).
Regarding claim 3, Takehara discloses a device for transmitting a bitstream, the bitstream generated by the video encoding method of claim 2 (e.g. see paragraph [0352]).
Allowable Subject Matter
Claims 1-2 are allowed.
Response to Arguments
Applicant's arguments filed 1/7/26 have been fully considered but they are not persuasive.
Applicant asserts on page 3 of the Remarks that Takehara fails to disclose claim 3 “[a] device for transmitting a bitstream, the bitstream generated by the video encoding method of claim 2” because Takehara does not disclose a method for encoding a bitstream as claimed in claim 2.
However, the examiner respectfully disagrees. It is noted that “for transmitting a bitstream” is intended use of the device, and the limitations “the bitstream generated by the video encoding method of claim 2” refers to the bitstream that is an intended use of the device. Further, the “transmitting” and the generation of the bitstream is generally separate from each other and there is no specific limitations that connect the transmitting and the generation of the bitstream and how they limit the device. Thus, claim 3 was interpreted as “a device capable of transmitting a bitstream”, and based on this, paragraph [0352] of Takehara meet the limitations.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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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