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 .
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 xx has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 6/16/26 is (are) in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is(are) being considered by the examiner.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
1. Claim 28 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Raber, US 2005/0206741 A1 (hereinafter Raber).
As for claim 28, Raber discloses a method, comprising storing ([0051], e.g., transferred to a CD, DVD, or tape for archiving), on a digital storage medium ([0051], e.g., CD), a data stream ([0051], e.g., video) into which an array of information samples is encoded by the method according to claim 21 (The BRI of the claimed method includes embodiments where the generation of the data stream is not performed by the claimed method. The impact on the limitations directed towards the generation of the data stream only affect the scope of the contents of the data stream, so those steps should only be considered in terms of what they would require the contents of the information in the data stream to contain and not actual steps in the method. The contents of the data stream, defined by how the data stream was generated, only describes the content of the information in the data stream and as result are descriptive language. See MPEP §2111.05 and §2112.01 I. The data stream has no functional relationship with the claimed method for storing the bitstream. The claim scope (in light of the specification) describes the generation of data stream in terms of how the video gets encoded within the data stream, and there is no functional relationship between the data stream’s contents once generated and the process for storing the bitstream. As a result, the contents of the data stream are non-functional descriptive language and will be given no patentable weight. See Id.).
Response to Arguments
There is no Applicant 's arguments filed.
Allowable Subject Matter
Claims 12-27 are allowable.
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
1. US 2003/0108099 discloses picture encoding method and apparatus, picture decoding method and apparatus and furnishing medium.
2. US 2005/0053294 discloses techniques and tools for progressive and interlaced video coding and decoding.
3. US 2006/0126962 discloses methods and systems for reducing blocking artifacts with reduced complexity for spatially-scalable video coding.
Conclusion
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 extension fee 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 JOSEPH SUH whose telephone number is 571-270-7484. The examiner can normally be reached on Monday - Thursday, 7:30 AM - 6:00 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, Jay Patel can be reached on 571-272-2988. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOSEPH SUH/
Primary Examiner, Art Unit 2485
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