Prosecution Insights
Last updated: October 02, 2026
Application No. 17/514,448

IMAGE UPSAMPLING USING ONE OR MORE NEURAL NETWORKS

Final Rejection §103
Filed
Oct 29, 2021
Examiner
SHEDRICK, CHARLES TERRELL
Art Unit
2646
Tech Center
2600 — Communications
Assignee
NVIDIA Corporation
OA Round
6 (Final)
78%
Grant Probability
Favorable
7-8
OA Rounds
0m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
789 granted / 1016 resolved
+15.7% vs TC avg
Moderate +10% lift
Without
With
+9.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
32 currently pending
Career history
1050
Total Applications
across all art units

Statute-Specific Performance

§101
7.5%
-32.5% vs TC avg
§103
49.5%
+9.5% vs TC avg
§102
28.9%
-11.1% vs TC avg
§112
2.1%
-37.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1016 resolved cases

Office Action

§103
DETAILED ACTION 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 . Response to Arguments Applicant’s arguments with respect to claim(s) 1-30 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 1-4, 7-10, 13-16, 19-22, and 25-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hsiao, PH., Chang, PL. (2017). Video Enhancement via Super-Resolution Using Deep Quality Transfer Network. In: Lai, SH., Lepetit, V., Nishino, K., Sato, Y. (eds) Computer Vision – ACCV 2016. ACCV 2016, hereinafter, ‘Hsiao’ in view of KWON et al. US Patent Pub. No.: 2010/0150473 A1, hereinafter, ‘Kwon’ and further in view of Ho et al. US Patent Pub. No.: 2023/0111546 A1, hereinafter, ‘Ho’ and further in view of Clark, II et al. US Patent Pub. No.: 2004/0155977 A1, ‘Clark’. Consider Claims 1, 7, 13 19 and 25, Hsiao teaches One or more processors, comprising: circuitry (e.g., see computing device noted on page 193 lines 16-22) to: obtain, from one or more storage locations (e.g., see, e.g., see computing device noted on page 193 lines 16-22) a pixel of a prior upsampled frame of a video and a corresponding pixel of a current input frame of the video; and generate an upsampled output frame of the video (e.g., see at least page 187 paragraph 2 and page 189 paragraph 2 and the abstract)(i.e., as noted in the conclusion, Hsiao’s objective is achieved because “the proposed CNN model consists of modules including generation and selection of HR pixel candidates, fusion with LR input, residual learning and bidirectional architecture.) However, Hsiao does not specifically teach to calculate, for the current input frame of the video, an exposure adjustment value; provide the exposure adjustment value for the current input frame of the video and the prior upsampled frame of the video, as input to one or more neural networks that infer one or more blending weights to blend at least one pixel of the current input frame of the video and at least one corresponding pixel of the prior upsampled frame of the video; and generate an upsampled output frame of the video by applying the one or more inferred blending weights to the at least one pixel of the current input frame of the video and the at least one corresponding pixel of the prior upsampled frame of the video. In analogous art, Kwon teaches a technology of blending a high dynamic range (HDR) image or a plurality of images captured with different exposure settings to create multiple images-e.g., see at least 0003- “The generating of the at least one multi-exposure image may include generating the at least one multi-exposure image by generating a weight to perform image blending corresponding to each of the at least one area of interest and processing the HDR image or the plurality of images captured with different exposure settings according to the weight”.-0020. In analogous art, Ho further teaches using AI to learn to blend the data and learning to generate the blending weight – 0040 and see also the abstract for a broader overview. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date, given the teachings of Kwon and Ho to modify Hsiao to try to calculate, for the current input frame of the video, an exposure adjustment value; provide the exposure adjustment value for the current input frame of the video and the prior upsampled frame of the video, as input to one or more neural networks that infer one or more blending weights to blend at least one pixel of the current input frame of the video and at least one corresponding pixel of the prior upsampled frame of the video; and generate an upsampled output frame of the video by applying the one or more inferred blending weights to the at least one pixel of the current input frame of the video and the at least one corresponding pixel of the prior upsampled frame of the video for the purpose of improving image processing (e.g., image resolution). However, assuming for sake of argument, Hsiao in view of Kwon and further in view of Ho does not specifically teach for the current input frame of the video using a sampling of pixel values from at least one pixel of the current input frame. In analogous art, Clark teaches for the current input frame of the video using a sampling of pixel values from at least one pixel of the current input frame (e.g., see paragraph 0032 Clark teaches “image sensor 200 generates and outputs sub-sampled pixel data (sub-sampled frame) to processor 206. In step 408, processor 206 analyzes the exposure and white balance of the sub-sampled frame. In step 412, processor 206 determines whether the exposure (Exp) and white balance (W.B.) of the sub-sampled frame are good (i.e., satisfy a target value or a threshold level of goodness). If it is determined in step 412 that the exposure and white balance of the sub-sampled frame are not satisfactory, the method moves to step 410. In step 410, processor 206 estimates correct exposure and white balance settings from the current sub-sampled frame, and applies these settings to sensor 200. The method then returns to step 406 to capture another frame. Several sub-sampled frames may be generated and analyzed during steps 406-412 before the exposure and white balance converge to acceptable values”). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date to try for the current input frame of the video using a sampling of pixel values from at least one pixel of the current input frame for the purpose of automated the process of improving imaging using artificial intelligence. Consider claim 2, 8, 14 20 and 26, Hsiao teaches the claimed invention except the one or more processors of claim 1, wherein the exposure adjustment value comprises an exposure value calculated for at least the current input frame of the video. In analogous art Kwon teaches in 0044 “A HDR image or a plurality of images with different exposures are received (in 410). Where the plurality of images with different exposures are acquired, the exposure times may be adjusted so that the dynamic ranges of the images acquired respectively at the exposure times overlap each other”. Therefore, it would have been obvious to a person of ordinary skill in the art to try wherein the exposure adjustment value comprises an exposure value calculated for at least the current input frame of the video for the purpose of blending the images. Consider claim 3, 9, 15, 21 and 27, Hsiao teaches the claimed invention except wherein the exposure value is used to adjust brightness values of the current input frame of the video and the prior upsampled frame of the video. In analogous art Kwon teaches in 0006 “Various methods of generating HDR images exist, and one such method is to expand the dynamic range of images by blending a plurality of images with different exposure settings.” A dynamic range (DR) of a digital image is defined as a ratio of a brightness of a darkest pixel of the digital image with respect to a brightness of a brightest pixel of the digital image. Therefore, it would have been obvious to a person of ordinary skill in the art to try wherein the exposure value is used to adjust brightness values of the current input frame of the video and the prior upsampled frame of the video for the purpose of adjusting the dynamic range. Consider Claims 4, 10, 16, 22 and 28, Hsiao teaches the claimed invention except wherein the circuitry is further to use one or more neural networks to infer blending weights for corresponding pixels of at least the current input frame of the video and the prior upsampled frame of the video, based, at least in part, on the adjusted brightness values. In analogous art, Kwon teaches generating a weight with respect to the exposure values – e.g., see at least 0003 and 0020. However, Kwon does not specifically teach wherein the blending weights are inferred. In analogous art, Ho teaches using AI to learn to blend the data and learning to generate the blending weight – 0040 and see also the abstract for a broader overview. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date to modify Hsiao as modified by Kwon and further modified by Ho to achieve the result wherein the circuitry is further to use one or more neural networks to infer blending weights for corresponding pixels of at least the current input frame of the video and the prior upsampled frame of the video, based, at least in part, on the adjusted brightness values for the purpose of improving image processing. 7. Claim(s) 5-6, 11-12, 17-18, 23-24, and 29-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hsiao, PH., Chang, PL. (2017). Video Enhancement via Super-Resolution Using Deep Quality Transfer Network. In: Lai, SH., Lepetit, V., Nishino, K., Sato, Y. (eds) Computer Vision – ACCV 2016. ACCV 2016, hereinafter, ‘Hsiao’ in view of KWON et al. US Patent Pub. No.: 2010/0150473 A1, hereinafter, ‘Kwon’ and further in view of Ho et al. US Patent Pub. No.: 2023/0111546 A1, hereinafter, ‘Ho’ and further in view of Clark, II et al. US Patent Pub. No.: 2004/0155977 A1, ‘Clark’ and further in view of Kalantari et al US Patent Pub. No.:2019/0096046, hereinafter, ‘Kalantari’. Consider Claims 5, 11, 17, 23 and 29, Hsiao as modified by Kwon and further modified by Ho teaches the claimed invention except wherein the circuitry is further to increase a color range of one or more output frames generated based at least in part upon the blending weights for the current input frame of the video and the prior upsampled frame of the video. In analogous art, Kalantari teaches to increase a color range of one or more output images generated based at least in part upon the blending weights for the current input image and the prior upsampled image (e.g., see estimating blending weights with respect to color noted in at least -0058, 0105 and 0123-0124). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date to modify Hsiao as modified by Kwon and further modified by Ho and further modified by Kalantari to achieve the result wherein the circuitry is further to increase a color range of one or more output frames generated based at least in part upon the blending weights for the current input frame of the video and the prior upsampled frame of the video for the purpose of improving the image. Consider Claims 6, 12, 18, 24 and 30, Hsiao as modified by Kwon and further modified by Ho teaches the claimed invention except wherein the blending weights are applied to color values from the current input frame of the video and the prior upsampled frame of the video, and wherein the color values are determined in part using an accumulation of values determined using a rendering application-provided exposure value. In analogous art, Kalantari teaches wherein the blending weights are applied to color values from the current input image and the prior upsampled image(e.g., see estimating blending weights with respect to color noted in at least -0058, 0105 and 0123-0124), and wherein the color values are determined in part using an accumulation of values determined using a rendering application-provided exposure value(e.g., see reconstruction application 0088 and 0093). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date to modify Hsiao as modified by Kwon and further modified by Ho and further modified by Kalantari to achieve the result wherein the blending weights are applied to color values from the current input frame of the video and the prior upsampled frame of the video, and wherein the color values are determined in part using an accumulation of values determined using a rendering application-provided exposure value for the purpose of improving the image. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 CHARLES TERRELL SHEDRICK whose telephone number is (571)272-8621. The examiner can normally be reached 8A-5P. 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, Matthew D Anderson can be reached at 571 272 4177. 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. /CHARLES T SHEDRICK/Primary Examiner, Art Unit 2646
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Prosecution Timeline

Show 20 earlier events
Nov 14, 2025
Applicant Interview (Telephonic)
Jan 29, 2026
Request for Continued Examination
Feb 02, 2026
Response after Non-Final Action
Feb 11, 2026
Non-Final Rejection mailed — §103
Apr 28, 2026
Applicant Interview (Telephonic)
Apr 28, 2026
Examiner Interview Summary
Jun 10, 2026
Response Filed
Aug 31, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

7-8
Expected OA Rounds
78%
Grant Probability
87%
With Interview (+9.5%)
2y 8m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 1016 resolved cases by this examiner. Grant probability derived from career allowance rate.

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