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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
Patentable weight is given to data stored on a computer-readable medium when there exists a functional relationship between the data and its associated substrate. MPEP 2111.05 III. For example, if a claim is drawn to a computer-readable medium containing programming, a functional relationship exists if the programming “performs some function with respect to the computer with which it is associated.” Id. However, if the claim recites that the computer-readable medium merely serves as a support for information or data, no functional relationship exists and the information or data is not given patentable weight. Id.
Claim 20 is directed to a non-transitory computer-readable storage medium, wherein the non-transitory computer-readable storage medium stores a bitstream, the bitstream comprises a frame-level scaling factor. The elements or steps are not performed by an intended computer, and the bitstream is not a form of programming that causes functions to be performed by an intended computer. This shows that the computer-readable medium merely serves as support for the bitstream and provides no functional relationship between the steps/elements that describe the frame-level scaling factor using the filtering method comprised within the bitstream and intended computer system. Therefore, those claim elements are not given patentable weight.
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 (i.e., changing from AIA to pre-AIA ) 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)(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) 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Karczewicz et al. US 2022/0103816.
As to claim 20, Karczewicz teaches a non-transitory computer-readable storage medium, wherein the non-transitory computer-readable storage medium stores a bitstream, the bitstream comprises a frame-level scaling factor, and the frame-level scaling factor is determined according to the filtering method according to claim 9. [¶ 0035; ¶ 0041; see claim interpretation]
Allowable Subject Matter
Claims 1are allowed.
The following is an examiner’s statement of reasons for allowance: the prior art of record fails to explicitly (or expressly) anticipate or render obvious each limitation as recited in the claims (independent claims).
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
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/ANNER HOLDER/Primary Examiner, Art Unit 2483
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