DETAILED ACTION
This action is in response to the continuation filed on 12/16/2024.
Claims 1-3 are pending.
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 references listed on the Information Disclosure Statement submitted on 1/21/2025, 6/12/2025 and 1/28/2025 have been considered by the examiner (see attached PTO-1449).
Claim Rejections - 35 USC § 101
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 7 and 1 of patent No. 11695964; and claims 13, 18 and 13 of patent No. 12200267 (hereinafter reference patents).
Although the claims at issue are not identical, they are not patentably distinct from each other because:
Claims of the present application are anticipated by the reference patents.
The additional limitation in the claims of the present application simply elaborates on the value of the first information in the condition that the maximum allowed number of layers in the CVS is 1, which is one of inherently expected condition.
Claim 3 of the present application recites elements that are same in substance as the claims of the reference patent except that the claims are in different forms such as method, device, system and non-transitory storage medium or the claims are in a natural or obvious counterpart of the other.
That is, processing/storing. in the method claim may equate to processor/memory in the device claim or the storage medium in the storage medium claim and encoding claims may be obvious or natural counterpart of the decoding claims.
In this case, the claims of the present invention are directed to method of transmitting bitstream and the claims of the reference patent are directed to decoding method/apparatus.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAE N. NOH whose telephone number is (571)270-0686. The examiner can normally be reached on Mon-FRI 7:30-5:00.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Vaughn can be reached on 571-272-3922. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAE N NOH/
Primary Examiner
Art Unit 2481