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 .
Priority
The Examiner notes that there appears to be a claim for foreign priority to DE 102024108853.2 filed on 4/14/25. This appears to be a misfiled claim as the Transmittal Letter on the same date uses the current application number 19/091,752, but states that it is for an “AIR FILTER DEVICE OF A MOTOR VEHICLE”. Further, the Docket No. is different (68167-103) from the current application (022144.0003C1C1). Moreover, the figures appear to show an automobile air filter. Finally, the filing date (March 27, 2024) is after the earliest date of the current application.
The Examiner requests confirmation that this submission was not intended.
Claim Interpretation
MPEP § 2111.04(II) states that for method claims, "The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met."
As a result, as currently written, the last wherein limitation is not required for method claims 1, 6 and 11.
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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of U.S. Patent No. 11,758,136 and 12,289,449. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims 1-11 of the current application are anticipated by claims 1-11 of the U.S. Patent.
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)(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) 1-11 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lee (U.S. Pub. No. 2019/0222843 A1).
Regarding claim 1, Lee discloses a method for decoding a video, the method comprising:
obtaining transform coefficients for a current block from a bitstream to thereby generate a coefficient block for a current block (Lee [0072]);
obtaining transform mode information of the current block from the bitstream [see paras. 0014, 0120, 0274, 0287-88];
determining a transform type of the current block based on the transform mode information [see paras. 0014, 0019, 0120, 0209, 0211-12, 0252, 0257]; and
inverse-transforming the coefficient block according to the transform type of the current block [see figs. 1-2 and paras. 0089, 0120-24],
wherein the transform mode information is index information for indicating a transform type of the current block among predefined transform types [see paras. 0014, 0069, 0089 describing such as discrete cosine transform (DCT), discrete sine transform (DST), and KLT and 0251-52 describing the DCT comprises at least one of DCT-II or DCT-VIII and the DST comprises at least one of DST-I or DST-VII], and
wherein the transform mode information is not obtained from the bitstream when only one non-zero transform coefficient exists in the coefficient block and is located at a top left corner in the coefficient block (see claim interpretation section above).
Regarding claim 2, Lee discloses the method of claim 1, wherein the transform mode information is obtained when a transform skip is not performed in the current block [see fig. 22 and paras. 0246 and 0250 where performing the transform is a transform skip not performed].
Regarding claim 3, Lee discloses the method of claim 1, wherein the predefined transform types include DCT-2, DST-7 and DCT-8 [see paras. 0014, 0069, 0089 describing such as discrete cosine transform (DCT), discrete sine transform (DST), and KLT and 0251-52 describing the DCT comprises at least one of DCT-II or DCT-VIII and the DST comprises at least one of DST-I or DST-VII].
Regarding claim 4, Lee discloses the method of claim 1, wherein the transform mode information is information indicating a transform type for each of a horizontal direction and a vertical direction [see paras. 0272 and 0277-82].
Regarding claim 5, Lee discloses the method of claim 1, wherein the transform mode information is obtained only when the current block is a luma component [see paras. 0127-28].
Regarding Claims 6-10, all claim limitations are set forth in Claims 1-6 in the
decoder form, respectively, and, therefore, rejections and arguments analogous to those presented for
Claims 1-6 are applicable to Claims 6-10. Encoding data is the reverse of decoding data and
Lee further discloses a method for encoding a video [see paras. 0005-08] and therefore discloses all
reverse steps of the decoding method as disclosed above.
Further Lee discloses transforming residual data [see figs. 1-2 and paras. 0089, 0120-24].
Regarding claim 11, Lee discloses a method for storing a bitstream associated with video data, the method comprising: generating the bitstream containing encoded data for a current block (Lee [0162]); and storing the bitstream in a non-transitory computer-readable medium (Lee [0320]), wherein the generating of the bitstream comprises: determining a transform type of the current block; transforming residual data of the current block according to the transform type to thereby generate a coefficient block for the current block; encoding transform mode information indicating the transform type of the current block, wherein the transform mode information is index information for indicating the transform type of the current block among predefined transform types, and wherein the transform mode information is not encoded when only one non-zero transform coefficient exists in the coefficient block and is located at a top left corner in the coefficient block (see claims 1 and 6 for remaining limitations).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW KWAN whose telephone number is (571)270-7073. The examiner can normally be reached Monday-Friday 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chris Kelley can be reached at (571)272-7331. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW K KWAN/Primary Examiner, Art Unit 2482
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