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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/750,950
`
`05/23/2022
`
`Virginie DRUGEON
`
`2022-0961A
`
`7761
`
`Cp
`Lind&
`Wenderoth,
`Wenderoth, Lind & Ponack, L.L.P.
`1025 Connecticut Avenue, NW
`Suite 500
`Washington, DC 20036
`
`SALTARELLI, DOMINIC D
`
`ART UNIT
`2421
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`02/21/2024
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`eoa@ wenderoth.com
`kmiller@wenderoth.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Application No.
`Applicant(s)
`17/750,950
`DRUGEON etal.
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`DOMINIC D SALTARELLI
`2421
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1) Responsive to communication(s)filed on 26 January 2024.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)[¥) This action is FINAL.
`2b) (J This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)(2) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-4 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`C) Claim(s)
`is/are allowed.
`Claim(s) 1-4 is/are rejected.
`(] Claim(s)__ is/are objectedto.
`C] Claim(s
`are subjectto restriction and/or election requirement
`)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)( The specification is objected to by the Examiner.
`11){¥] The drawing(s) filed on 23 May 2022 is/are: a)(¥) accepted or b)(J objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)£) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)Q) All
`1.1) Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No. |
`3.2.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`*“ See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1) [[] Notice of References Cited (PTO-892)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20240214
`
`

`

`Application/Control Number: 17/750,950
`Art Unit: 2421
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA orAIA Status
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`1.
`
`The presentapplication,filed on or after March 16, 2013, is being examined under the first
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`inventorto file provisions of the AIA.
`
`Response to Arguments
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`2.
`
`Applicant's argumentsfiled January 26, 2024 have been fully considered but they are not
`
`persuasive. Applicant argues Stockhammer fails to disclose the means by which the DPS and SPSare
`
`identified as claimed, only that they are presentin the bit stream. Inresponse, the claims state the DPS
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`are identified based on the fact that they are simply presentin the bit stream, thus any disclosure of a
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`DPS in a bit stream being utilized meets said limitation, as is disclosed by Stockhammer. Further, the
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`claim limitation that the SPSis identified based on an identifier of the SPS is met by the fact that
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`Stockhammer states the SPSis delivered in a parameter set NAL unit per the H.264 standard
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`(Stockhammer paragraphs 0056 and 0061). NALunits have, by definition, a byte header that identifies
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`the contents of the NAL. A NAL unit containing a sequence parameter set would indicate such in the NAL
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`header as per the H.264 requirements.
`
`Claim Rejections - 35 USC § 102
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`3.
`
`Inthe 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-AlA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory
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`basis (i.e., changing from AIA to pre-AlA) for the rejection will not be considered a new ground of
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`rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same
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`under either status.
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`4.
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`The following is a quotation of the appropriate paragraphsof 35 U.S.C. 102 that form the basis
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`for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
`
`

`

`Application/Control Number: 17/750,950
`Art Unit: 2421
`
`Page 3
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`(a}(1) the claimed invention was patented, described ina printed publication, or in public use, on sale,
`or otherwise available to the public before the effective filing date of the claimed invention.
`
`5.
`
`Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stockhammer etal.
`
`(2019/0068946,of record) [Stockhammer].
`
`Regarding claims 1-4, Stockhammer discloses an encoder and decoder comprising
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`circuitry and a memory(fig. 1) wherein in operation, the circuitry encodes/decodes a video
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`using adecoding parameter set (DPS) which is identified based on presence of the DPSin a
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`bistream (paragraphs 0161-0162) and a sequence parameter set (SPS) which is identified based
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`on an identifier for the SPS (paragraph 0061).
`
`Conclusion
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`6.
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`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth
`
`in 37 CFR 1.136(a).
`
`A shortenedstatutory 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 ofthe mailing date
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`of this final action and the advisory action is not mailed until after the end of the THREE-MONTH
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`shortened statutory period, then the shortened statutory period will expire on the date the advisory
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`action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing
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`date of the advisory action.
`
`In no event, however, will the statutory period for reply expire later than
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`SIX MONTHS from the mailing date of this final action.
`
`7.
`
`Anyinquiry concerning this communication or earlier communications from the examiner
`
`should be directed to DOMINIC D SALTARELLI whose telephone number is (571)272-7302. The examiner
`
`can normally be reached 9:00 am- 5:00 pm EST.
`
`

`

`Application/Control Number: 17/750,950
`Art Unit: 2421
`
`Page 4
`
`Examiner interviews are available via telephone, in-person, and video conferencing using a
`
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`
`the USPTO Automated Interview Request (AIR) at http://www. uspto.gov/interviewpractice.
`
`If attempts to reachthe examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`Nathan Flynn can be reached on (571) 272-1915. The fax phone number for the organization wherethis
`
`application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of published or unpublished applications may be obtained from
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`
`/DOMINIC D SALTARELLI/
`Primary Examiner, Art Unit 2421
`
`