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
Response to Amendment
This Office Action is in response to the correspondence on 05/18/2026. Applicant’s argument, filed on 05/18/2026 has been entered and carefully considered. Claims 1, and, 3-7 are pending.
Double Patenting rejection against US 12,587,639 B2 is retained based on the amendments submitted on 05/18/2026.
The application filed on 12/19/2025 is a CON of 18/949,072 11/15/2024, which is a CON of 18/498,597 10/31/2023 PAT 12231610, which is a CON of 18/314,965 05/10/2023 PAT 11902668, which is a CON of 17/579,225 01/19/2022 PAT 11696035, which is a CON of 17/027,154 09/21/2020 PAT 11483476, which is a CON of 16/372,287 04/01/2019 ABN. The application claimed foreign priority to KOREA, REPUBLIC OF 10-2016-0127887 10/04/2016, KOREA, REPUBLIC OF 10-2016-0129386 10/06/2016, and, KOREA, REPUBLIC OF 10-2017-0090616 07/17/2017. The certified copy of priority has been filed on 01/12/2012.
Response to Arguments
Applicant's arguments dated 05/18/2026 doesn’t apply to the current rejction.
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, 6, 7 and similar dependent claims are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of Conflicting Patent PAT US 12,587,639 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is anticipated by the Conflicting Patent and is covered by the Patent since the Patent and the application are claiming common subject matter, below is a list of limitations that perform the same function, however, different terminology may be used in both sets to describe the limitations, as follows, Claim 1 is used as an example to analyze the common subject matter:
Conflicting Patent No. US 12,587,639 B2
Instant Application:-19/427,236
1. A method for decoding an image, the method comprising: receiving information on image partitioning for the image included in a bitstream; obtaining a plurality of image partitions included in the image based on the information on image partitioning; and decoding the plurality of image partitions, wherein each image partition comprises a plurality of default encoding parts, each default encoding part is selected from a plurality of candidate default encoding parts, each candidate default encoding part is composed of one or more encoding sub-units, and wherein the bitstream comprises information on rotation of the image.
2. The method of claim 1, wherein the plurality of candidate default encoding parts comprises first default encoding part identical to one encoding sub-unit and second default encoding part having consecutive two encoding sub-units.
1. A method for decoding an image, the method comprising: receiving a bitstream for the image; decoding information on partitioned regions for the image included in the bitstream; obtaining a plurality of partitioned regions included in the image based on the information on partitioned regions; and reconstructing the image by decoding each of the plurality of partitioned regions, wherein the reconstructing the image comprises reconstructing a block included in the image, wherein each partitioned region comprises a plurality of default encoding parts having a same type, the type for the plurality ofs is selected from a plurality of candidate types including a first type and a second type, the first type corresponds to the default encoding part identical to one encoding sub-unit and the second type corresponds to the default encoding part having consecutive two encoding sub-units
As demonstrated, the claim of US patent US 12,587,639 B2 anticipate the features of the claim of instant application 19/427,236.
A nonstatutory type (35 U.S.C. 101) double patenting rejection can be overcome by amending the conflicting claims so they are no longer coextensive in scope or filing of a terminal disclaimer.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 MOHAMMAD J RAHMAN whose telephone number is (571)270-7190. 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, David Czekaj can be reached at (571) 272-7327. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Mohammad J Rahman/Primary Examiner, Art Unit 2487
Prosecution Insights