Prosecution Insights
Last updated: April 19, 2026
Application No. 18/338,177

CONTENT UPSCALING SYSTEMS AND APPLICATIONS USING ADAPTIVE SAMPLING

Final Rejection §103
Filed
Jun 20, 2023
Examiner
PATEL, JAYESH A
Art Unit
2677
Tech Center
2600 — Communications
Assignee
Nvidia Corporation
OA Round
2 (Final)
83%
Grant Probability
Favorable
3-4
OA Rounds
3y 0m
To Grant
88%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allow Rate
739 granted / 887 resolved
+21.3% vs TC avg
Moderate +5% lift
Without
With
+5.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
33 currently pending
Career history
920
Total Applications
across all art units

Statute-Specific Performance

§101
11.1%
-28.9% vs TC avg
§103
40.9%
+0.9% vs TC avg
§102
14.5%
-25.5% vs TC avg
§112
25.0%
-15.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 887 resolved cases

Office Action

§103
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 claims 1-20 filed on 12/02/2025 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 In the 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-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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. Claims 1-6, 9-12, 14-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Lin et al. (US20220138906) hereafter Lin in view of Saleh et al (US20180040097) hereafter Saleh. 1. Regarding claim 1, Lin discloses a computer-implemented method (figs 1-2, 4-9, 17-18 and 20-22 and paras 0003-0010, 0073-0077, 0079-0111, 0186-0196, 0198-0199, 0204-0215 shows and discloses a computer-implemented method), comprising: determining one or more performance values (figs 4-5, 17-18, 20-22 and paras 0091-0094, 0099-0107, 0204, 0210, 0215 discloses determining one or more filter parameters corresponding to each pixel in the first image and pixels with different texture features corresponds to different filter parameters meeting the above claim limitations of determining one or more performance values for the computer system, para 0107 discloses “An (x, y).sup.th filter parameter in an i.sup.th channel of the image filter is a product of a pixel value of an (x, y).sup.th pixel in an i.sup.th local texture image and a weight value of the i.sup.th local texture image. i is a positive integer less than or equal to C, x is a positive integer less than or equal to M, y is a positive integer less than or equal to N, M is a quantity of pixels horizontally included in the first image, N is a quantity of pixels vertically included in the first image, and M and N are both integers greater than 1.”); receiving an input image at a first resolution that is to be provided for display, by the computing device, at a second resolution that is higher than the first resolution (figs 1-2, 17-18 and 20-22, paras 0005-0010, 0073-0077, 0079, 0082, 0086-0087, 0196-0199 shows and discloses receiving an input image at a first resolution that is to be provided for display, by the computing device, at a second resolution that is higher than the first resolution); determining, based in part upon the one or more performance values, a number of texture operations to be performed for at least one pixel location of an output image at the second resolution (figs 1-2, 4-7 and 17-18, 20-22 and paras 0077, 0082, 0085-0086, 0091-0111, 0116, 0186-0199, 0228 and 0233 shows and discloses determining, based in part upon the one or more performance values, a number of texture operations to be performed for at least one pixel location of an output image at the second resolution (i.e super resolution image) meeting the claim limitations); determining, for the at least one pixel location of the output image, one or more output pixel values using an upsampling algorithm and by performing the determined number of texture operations (figs 1-2, 4-9, 17-18, 20-22 and paras 0081, 0085-0111, 0186-0199 shows and discloses determining, for the at least one pixel location of the output image, one or more output pixel values using an upsampling algorithm and by performing the determined number of texture operations); and generating the output image at the second resolution using the one or more determined output pixel values (figs 1, 8, 17-18 and 20-22, paras 0186-0199 shows and discloses obtaining/generating super resolution output image using the one or more determined output pixels meeting the above claim limitations). As seen above Lin discloses determining the one or more performance values for the computer system. Lin is silent and however fails to disclose determining one or more performance values relating to operation of at least one processing unit of a computing device. Saleh discloses determining one or more performance values relating to operation of at least one processing unit of a computing device (figs 1-4 and paras 0018, 0042, 0068, 0070, 0081, 0085, 0087-0108 discloses determining one or more performance values relating to operation of at least one processing unit (GPU) of a computing device 2 meeting the above claim limitations, examiner notes that the specifics of one or more performance values (i.e what the one or more performance values are ?) are not required by the current claim). Before the effective filing date of the invention was made, Lin and Saleh are combinable because they are from the same field of endeavor and analogous art of image processing. The suggestion/motivation would be an efficient and quick (faster) process/system at para 0026. Therefore, it would be obvious and within one of ordinary skill in the art to have recognized the advantages of Saleh in the method of Lin to obtain the invention as specified by the claim 1. 2. Regarding claim 2, Lin and Saleh disclose the computer-implemented method of claim 1. Lin discloses further comprising: setting one or more sample weight values of the upsampling algorithm to a zero value to reduce the number of texture operations performed for the at least one pixel location to the determined number (fig 8 and paras 0101,0113 shows and discloses setting weight value of the local texture to be 0 (i.e reduce the number of texture operations) which later is used with the filter for upsampling and outputting super resolution image as seen in figs 17-18 meeting the above claim limitations). 3. Regarding claim 3, Lin and Saleh disclose the computer-implemented method of claim 2. Lin discloses further wherein increasing a number of sample weights set to a zero value decreases the number of texture operations performed for the at least one pixel to allow the upsampling algorithm to be executed on the computing device while satisfying one or more performance criteria (fig 8 and paras 0101,0113 shows and discloses setting weight value of the local texture to be 0 (i.e decrease the number of texture operations) which later is used with the filter (satisfying one or more performance criteria) for upsampling and outputting super resolution image as seen in figs 17-18 meeting the above claim limitations). 4. Regarding claim 4, Lin and Saleh disclose the computer-implemented method of claim 1. Saleh disclose further wherein the at least one processing unit includes at least a graphics processor (Figs 1-4 and paras 0018, 0042, 0068, 0070, 0081, 0085, 0087-0108 discloses wherein the at least one processing unit includes at least a graphics processor (GPU) of a computing device 2 meeting the above claim limitations). 5. Regarding claim 5, Lin and Saleh disclose the computer-implemented method of claim 1. Lin discloses further wherein the upsampling algorithm accesses a center sample location and eight surrounding sample locations per pixel location, and wherein the number of texture samples to be performed is 3, 6, or 9 (figs 4, 5, 18 and paras 0091-0094, 0101-0109 wherein the upsampling algorithm accesses a center sample location and eight surrounding sample locations per pixel location, and wherein the number of texture samples to be performed is the value to be 3 meeting the claim limitations). 6. Regarding claim 6, Lin and Saleh disclose the computer-implemented method of claim 1. Lin discloses further, wherein sample locations for which the texture operations are performed correspond to at least one row or column including a center location of the sample locations (figs 4, 5 18 and paras 0091-0094, 0101-0109 disclose wherein the sample locations for which the texture operations are performed correspond to at least one row or column including the center location of the sample). 7. Claim 9 is a corresponding processor, comprising: one or more circuits claim of claim 1. See the corresponding explanation of claim 1. Lin shows a computer system (ie a processor) in figs 20- 22 and paras 0225-0229 meeting the claim limitations). 8. Regarding claim 10, Lin and Saleh disclose the processor of claim 9. Lin discloses further wherein the one or more circuits are further to apply the number of texture operations by setting one or more sample weights of the upsampling algorithm to a zero value to cause a corresponding sample location to not be accessed for a respective pixel location (fig 8 and paras 0101,0113 shows and discloses setting weight value of the local texture to be 0 (i.e to cause a corresponding sample location to not be accessed for a respective pixel location) which later is used with the filter for upsampling and outputting super resolution image as seen in figs 17-18 meeting the above claim limitations). 9. Claim 11 is a corresponding processor claim of claim 4. See the corresponding explanation of claim 4. 10. Regarding claim 12, Lin and Saleh disclose the processor of claim 9. Lin discloses further wherein the upsampling algorithm accesses a center sample location and eight surrounding sample locations per pixel location, and wherein the number of texture samples to be performed is 3, 6, or 9 (figs 4, 5, 18 and paras 0091-0094, 0101-0109 wherein the upsampling algorithm accesses a center sample location and eight surrounding sample locations per pixel location, and wherein the number of texture samples to be performed is the value to be 3 meeting the claim limitations). 11. Regarding claim 14, Lin and Saleh disclose the processor of claim 9. Lin discloses further wherein the processor is comprised in at least one of: (para 0200 discloses a system for generating or presenting virtual reality (VR) content; a system for generating or presenting augmented reality (AR) content); 12. Regarding claim 15, Lin discloses a system (figs 17-18 and 20-22 shows a computer system 20), comprising: one or more processors to generate an output image, from a lower resolution input image (figs 1-2, 17-18 and 20-22, paras 0005-0010, 0073-0077, 0079, 0082, 0086-0087, 0196-0199 shows and discloses receiving an input image at a first lower resolution that is to be output for display, by the computing device, at a second resolution that is higher than the first resolution (i.e generate an output image) using one or more processors 22), using an upsampling algorithm and a number of texture samples for at least one pixel of the output image determined (figs 1-2, 4-9, 17-18, 20-22 and paras 0081, 0085-0111, 0186-0199 shows and discloses determining, for the at least one pixel location of the output image, one or more output pixel values using an upsampling algorithm and by performing the determined number of texture operations, figs 4, 5, 18 and paras 0091-0094, 0101-0109 wherein the upsampling algorithm accesses a center sample location and eight surrounding sample locations per pixel location, and wherein the number of texture samples to be performed is the value to be 3 meeting the claim limitations) based in part upon one or more performance values (figs 1-2, 4-7 and 17-18, 20-22 and paras 0077, 0082, 0085-0086, 0091-0111, 0116, 0186-0199, 0228 and 0233 shows and discloses determining, based in part upon the one or more performance values (figs 4-5, 17-18, 20-22 and paras 0091-0094, 0099-0107, 0204, 0210, 0215 discloses determining one or more filter parameters corresponding to each pixel in the first image and pixels with different texture features corresponds to different filter parameters meeting the above claim limitations of determining one or more performance values) a number of texture operations to be performed for at least one pixel location of an output image at the second resolution (i.e super resolution image) meeting the claim limitations) (fig 22 shows the computer system). As seen above Lin discloses determining the one or more performance values for the computer system. Lin is silent and however fails to disclose determining one or more performance values relating to operation of at least one processor of the system. Saleh discloses determining one or more performance values relating to operation of at least one processor of the system (figs 1-4 and paras 0018, 0042, 0068, 0070, 0081, 0085, 0087-0108 discloses determining one or more performance values relating to operation of at least one processing unit (GPU) of a computing device 2 (the system) meeting the above claim limitations, examiner notes that the specifics of one or more performance values (i.e what the one or more performance values are ?) are not required by the current claim). Before the effective filing date of the invention was made, Lin and Saleh are combinable because they are from the same field of endeavor and analogous art of image processing. The suggestion/motivation would be an efficient and quick (faster) process/system at para 0026. Therefore, it would be obvious and within one of ordinary skill in the art to have recognized the advantages of Saleh in the system of Lin to obtain the invention as specified by the claim 15. 13. Claim 16 is a corresponding system claim of claim 10. See the corresponding explanation of claim 10. 14. Claim 17 is a corresponding system claim of claim 4. See the corresponding explanation of claim 4. 15. Claim 18 is a corresponding system claim of claim 5. See the corresponding explanation of claim 5. 16. Claim 20 is a corresponding system claim of claim 14. See the corresponding explanation of claim 14. Claims 7-8, 13 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Lin in view of Saleh and in further view of Van Belle (US20160295158) hereafter Van Belle. 17. Regarding claim 7, Lin and Saleh disclose the computer-implemented method of claim 1. Lin discloses the upsampling algorithm as seen in fig 18 and at paras 0081, 0196-0198. Saleh also discloses the GPU may upsample a reduced resolution input image and rendering it. Lin and Saleh however are silent and fail to disclose wherein the upsampling algorithm is a Catmull-Rom algorithm. Van Belle discloses wherein the upsampling algorithm is a Catmull-Rom algorithm (para 0169 discloses wherein the upsampling algorithm is a Catmull-Rom algorithm). Before the effective filing date of the invention was made, Lin, Saleh and Van Belle are combinable because they are from the same filed of endeavor and analogous art of image processing. The suggestion/motivation would be an improved image quality, latency, reduced cost and performance method/system at para 0048. Therefore, it would be obvious and within one of ordinary skill in the art to have recognized the advantages of Van Belle in the method of Lin and Saleh to obtain the invention as specified in claim 7. 18. Regarding claim 8, Lin, Saleh and Van Belle disclose the computer-implemented method of claim 7. Lin discloses wherein the sample locations for which the texture operations are performed are selected (figs 4, 5 18 and paras 0091-0094, 0101-0109 disclose wherein the sample locations for which the texture operations are performed are selected) and Van Belle discloses to satisfy one or more conditions of an optimized implementation of the Catmull-Rom algorithm (para 0169 discloses wherein the upsampling algorithm is a Catmull-Rom algorithm). Lin, Saleh and Van Belle together would therefore meet the limitations of claim 8. 19. Claim 13 is a corresponding processor claim of claim 7. See the corresponding explanation of claim 7. 20. Claim 19 is a corresponding system claim of claim 7. See the corresponding explanation of claim 7. Examiner's Note: Examiner has cited figures, and paragraphs in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested for the applicant, in preparing the responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner. Examiner has also cited references in PTO892 but not relied on, which are relevant and pertinent to the applicant’s disclosure, and may also be reading (anticipatory/obvious) on the claims and claimed limitations. Applicant is advised to consider the references in preparing the response/amendments in-order to expedite the prosecution. 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 JAYESH PATEL whose telephone number is (571)270-1227. The examiner can normally be reached IFW Mon-FRI. 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, Andrew Bee can be reached at 571-270-5183. 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. /JAYESH A PATEL/Primary Examiner, Art Unit 2677 JAYESH PATEL Primary Examiner Art Unit 2677
Read full office action

Prosecution Timeline

Jun 20, 2023
Application Filed
Aug 21, 2025
Non-Final Rejection — §103
Nov 17, 2025
Applicant Interview (Telephonic)
Nov 17, 2025
Examiner Interview Summary
Dec 02, 2025
Response Filed
Jan 30, 2026
Final Rejection — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
83%
Grant Probability
88%
With Interview (+5.2%)
3y 0m
Median Time to Grant
Moderate
PTA Risk
Based on 887 resolved cases by this examiner. Grant probability derived from career allow rate.

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