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 .
DETAILED ACTION
This Office Action is in response to the application 19/210,786 filed on 05/16/2025.
Claims 1 - 52 have been examined and are pending in this application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/07/2025, 02/20/2026 and 09/24/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 claims at issue 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); and 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).
Claims 1, 2, 14, 15, 27, 28, 40 and 41 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 13, 14, 25, 26, 37, 38 U.S Patent No. US 12,335,535 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Current Application 19/210,786
US Patent No. 12,335,535 B2
Claim 1. A method comprising:
determining to filter a pixel of a video frame based on parameter associated with a pixel region of a preceding video frame, wherein the pixel region comprises a prior pixel corresponding to the pixel and one or more pixels that surround the prior pixel;
filtering the pixel of the video frame based on a filtering parameter that is determined based on the parameter associated with the pixel region; and
encoding a video frame that comprises the filtered pixel.
Claim 1. (Previously Presented) A method comprising:
receiving, by a computing device, a plurality of video frames of a content item, wherein each of the video frames comprises a plurality of pixels;
determining, for a first pixel in a frame of the content item, a prior corresponding pixel in a preceding frame of the content item;
determining, based on a parameter associated with a pixel region in the preceding frame, whether to filter the first pixel, wherein the pixel region comprises:
the prior corresponding pixel, and
one or more pixels that surround the prior corresponding pixel; and
based on a determination to filter the first pixel:
determining, based on the parameter associated with the pixel region, one or more filtering parameters;
filtering, based on the one or more filtering parameters, the first pixel; and
encoding a portion of the content item that comprises the filtered first pixel.
Claim 2.
Claim 2.
Claim 14.
Claim 13.
Claim 15.
Claim 14.
Claim 27.
Claim 25.
Claim 28.
Claim 26.
Claim 40.
Claim 37.
Claim 41.
Claim 38.
Nonetheless, claim 1, 2, 14, 15, 27, 28, 40 and 41 of the present application made the claim a broader version of claims 1, 2, 13, 14, 25, 26, 37, 38 U.S Patent No. 12,335,535 B2. Therefore, since omission of an element and its function in a combination is an obvious expedient if the remaining elements perform the same functions as before (In re Karlson (CCPA) 136 USPQ 184 (1963)), claim 1, 2, 14, 15, 27, 28, 40 and 41 is not patentably distinct from claim claims 1, 2, 13, 14, 25, 26, 37, 38 U.S Patent No. 12,335,535 B2.
Allowable Subject Matter
Claims 3 – 13, 16 – 26, 29 – 39 and 42 - 52 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Tong et al (US 7,792,188 B2).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Masum Billah whose telephone number is (571)270-0701. The examiner can normally be reached Mon - Friday 9 - 5 PM ET.
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, Jamie J. Atala can be reached at (571) 272-7384. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MASUM BILLAH/Primary Patent Examiner, Art Unit 2486
Prosecution Insights