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 .
Response to Arguments
Applicant's arguments filed 5/22/2026 have been fully considered but they are not persuasive.
Applicant argues that claim 1 recites the omitted essential steps. Applicant cited features of claim 1: 1) the selected prediction mode being selected from two or more prediction modes, based on a total number of the two or more prediction modes; 2) the two or more prediction modes each being for selecting a three-dimensional point which is to be referenced when a predicted value of an attribute information item of a first three-dimensional point is calculated; 3) the total number of the two or more prediction modes being determined in response to a number of one or more second three-dimensional points including the three-dimensional point neighboring the first three-dimensional point; 4) the one or more second three-dimensional points being available to be referenced when the predicted value is calculated.
In response, the examiner respectfully disagrees. These features of claim 1 are recited in passive voice. Under the broadest reasonable interpretation, these features can be interpreted as the characteristics of the information (bitstream) rather than active steps that performs the essential of the method claim. It is unclear whether these steps are performed before, during, or after the encoding process. If applicant intends these steps are part of the encoding process, applicant is strongly recommended to consider rewriting these features in active voice.
Terminal Disclaimer
The terminal disclaimer filed on 5/22/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US 11412208 B2 has been reviewed and is accepted. The terminal disclaimer has been recorded.
The terminal disclaimer filed on 5/22/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US 11716459 B2 has been reviewed and is accepted. The terminal disclaimer has been recorded.
The terminal disclaimer filed on 5/22/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US 12166964 B2 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential steps, such omission amounting to a gap between the steps. See MPEP § 2172.01. The omitted steps are: 1) selecting prediction mode; 2) calculating a predicted value of an attribute information item of a first three-dimensional point; 3) determining the total number of the two or more prediction modes; 4) referencing the one or more second three-dimensional points. In other words, the essential steps of the encoding method are omitted.
Allowable Subject Matter
Claims 2-4 allowed.
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.
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/TAT C CHIO/ Primary Examiner, Art Unit 2486
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