Prosecution Insights
Last updated: July 17, 2026
Application No. 18/358,836

IMAGE ENCODING/DECODING METHOD AND APPARATUS, AND RECORDING MEDIUM FOR STORING BITSTREAM THAT INVOLVES PERFORMING INTRA PREDICTION USING CONSTRUCTED REFERENCE SAMPLE

Final Rejection §103
Filed
Jul 25, 2023
Priority
Nov 22, 2017 — RE 10-2017-0156391 +3 more
Examiner
GEROLEO, FRANCIS
Art Unit
3619
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Intellectual Discovery Co., Ltd.
OA Round
6 (Final)
73%
Grant Probability
Favorable
7-8
OA Rounds
0m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
433 granted / 591 resolved
+21.3% vs TC avg
Strong +19% interview lift
Without
With
+18.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
27 currently pending
Career history
631
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
81.6%
+41.6% vs TC avg
§102
9.6%
-30.4% vs TC avg
§112
3.5%
-36.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 591 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 . Priority Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file. 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. Claim(s) 1, 3-5, 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2017/0272757 A1 (“Xu”) in view of US 2020/0204799 A1 (“Lee2”). Regarding claim 1, Xu discloses an image decoding method performed by an image decoding apparatus, comprising: deriving an intra prediction mode of a current block (e.g. see decoding controller 516 in Fig. 5 extracts prediction parameters that include at least the intra prediction mode for a current block, e.g. see at least paragraphs [0078]-[0079]); deriving reference samples of the current block (e.g. see decoding controller 516 in Fig. 5 extracts prediction parameters that include at least reference pixel set selection information for a current block, e.g. see at least paragraphs [0078]-[0079]); and performing an intra prediction on the current block by using the intra prediction mode and the reference samples (e.g. see intra prediction module 512 generates the intra predictor of the current block according to the selected reference pixel, e.g. see at least paragraphs [0075], [0080]). Although Xu discloses deriving the reference samples of the current block; performing an intra prediction on the current block by using the intra prediction mode and the reference samples, it is noted Xu differs from the present invention in that it fails to particularly disclose determining whether to perform filtering on the reference samples based on the intra prediction mode of the current block; determining a filter type applied to the reference samples based on whether to perform filtering on the reference samples; determining a strength of a filter applied to the reference samples based on whether to perform filtering on the reference samples and the filter type; applying filtering to the reference samples based on the strength of the filter; and performing an intra prediction on the current block by using the filtered reference samples, wherein whether to perform filtering on the reference samples is determined based on whether the intra prediction mode is a predetermined mode, wherein the strength of the filtering applied to the reference samples is determined based on the intra prediction mode of the current block and a size of the current block, wherein a filter applied to the reference samples is determined among a plurality of filters based on at least one of the filter type or the filter strength, and wherein the plurality of filters has same number of taps. Lee2 however, teaches determining whether to perform filtering on the reference samples based on the intra prediction mode of the current block (e.g. see filtering of reference sample(s) adaptively performed based on intra prediction mode, paragraphs [0255]-[0259]); determining a filter type applied to the reference samples based on whether to perform filtering on the reference samples (e.g. see at least one of a determination of whether to apply filtering, a filter type, a filter strength and a filter coefficient adaptively determined, paragraphs [0255]-[0259], and see 6-tap filter type 1 and type 2 example in Table 1, see at least paragraphs [0302]-[0303]); determining a strength of a filter applied to the reference samples based on whether to perform filtering on the reference samples and the filter type (e.g. see at least one of a determination of whether to apply filtering, a filter type, a filter strength and a filter coefficient adaptively determined, paragraphs [0255]-[0259], and see 6-tap filter type 1 and type 2 example in Table 1, see at least paragraphs [0302]-[0303]); applying filtering to the reference samples based on the strength of the filter (e.g. see filtering performed on one or more reference samples, paragraphs [0255]-[0259]; also see, 6-tap filter applied to samples S00 to S05 of Fig. 11 according to Equation 4, paragraphs [0299]-[0303]); and performing an intra prediction on the current block by using the filtered reference samples (e.g. see filtering performed on one or more reference samples, paragraphs [0255]-[0259]; also see, 6-tap filter applied to samples S00 to S05 of Fig. 11 according to Equation 4, paragraphs [0299]-[0303], and see perform intra prediction S530 in Fig. 5, paragraph [0182]), wherein whether to perform filtering on the reference samples is determined based on whether the intra prediction mode is a predetermined mode (e.g. see filtering adaptively performed based on at least one of the intra prediction mode of the current block, the size of the current block, and the shape of the current block… for example, the filtering may be applied to the first reference sample line adjacent to the current block, paragraphs [0255]-[0259], and see a first reference sample line may be used when the intra prediction mode of the current block is an even-numbered mode, paragraph [0297], and also see an interpolation filter may be used when performing directional prediction on the current block, paragraph [0298]), wherein the strength of the filtering applied to the reference samples is determined based on the intra prediction mode of the current block and a size of the current block (e.g. see filtering adaptively performed based on at least one of the intra prediction mode of the current block, the size of the current block, and the shape of the current block, for example, at least one of a determination of whether to apply filtering, a filter type, a filter strength, and a filter coefficient adaptively determined, paragraphs [0255]-[0259]), wherein a filter applied to the reference samples is determined among a plurality of filters based on at least one of the filter type or the filter strength, and wherein the plurality of filters has same number of taps (e.g. see selecting a filter to apply from filters in Table 1 having two filter types and having the same filter taps, see at least paragraphs [0302]-[0303])). Therefore, given the teachings as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the references of Xu and Lee2 before him/her, to modify the method and apparatus of video coding of Xu to include the above teaching of Lee2 in order to enhance compression efficiency. Regarding claim 3, Xu further discloses wherein the reference samples comprise samples included in at least one of a reference sample line adjacent to a left side of the current block or a reference sample line adjacent to an upper side of the current block (e.g. see Fig. 2 shows a diagram illustrating selecting at least one horizontal reference pixel set from a first plurality of candidate neighboring pixel sets 222[1]-222[M] adjacent to an upper edge 212 of a current block 210 and selecting at least one vertical reference pixel set from a second plurality of candidate neighboring pixel set 224[1]-224[N] adjacent to a left edge 214 of the current block 210, e.g. see at least paragraph [0039]). Regarding claim 4, although Xu discloses the reference sample line adjacent to the left side of the current block or the reference sample line adjacent to the upper side of the current block (e.g. see Fig. 2), it is noted Xu differs from the present invention in that it fails to particularly disclose wherein the filtering applied to the reference samples is applied to samples included in at least one of the reference sample line adjacent to the left side of the current block and the reference sample line adjacent to the upper side of the current block. Lee2 however, teaches wherein the filtering applied to the reference samples is applied to samples included in at least one of the reference sample line adjacent to the left side of the current block or the reference sample line adjacent to the upper side of the current block (e.g. see whether to apply the filtering may be determined for each of the plurality of reference sample lines, paragraphs [0255]-[0259], for example, see Fig. 7). The motivation above in the rejection of claim 1 applies here. Regarding claims 5, 7-9, the claims recite analogous limitations to the claims above and are therefore rejected on the same premise. Claim(s) 2 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2017/0272757 A1 (“Xu”) in view of US 2020/0204799 A1 (“Lee2”) in further view of US 2019/0238835 A1 (“Lee”). Regarding claim 2, although Xu discloses the reference samples, it is noted Xu differs from the present invention in that it fails to particularly disclose wherein the reference samples are derived based on an availability of each of the reference samples. Lee however, teaches wherein the reference samples are derived based on an availability of each of the reference samples (e.g. see derivation of reference samples based on availability, e.g. see at least paragraphs [0229]-[0230]). Therefore, given the teachings as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the references of Xu, Lee2 and Lee before him/her, to incorporate the above teachings of Lee into the method and apparatus of video coding of Xu as modified by Lee2 in order to replace unavailable reference sample in a reference line to efficiently perform intra prediction. Regarding claim 6, the claim recites analogous limitations to the claims above and is therefore rejected on the same premise. Response to Arguments Applicant’s arguments with respect to claim(s) 1-9 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. 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 FRANCIS G GEROLEO whose telephone number is (571)270-7206. The examiner can normally be reached M-F 7:00 am - 3:30 pm. 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, Anna M Momper can be reached on (571) 270-5788. 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. /Francis Geroleo/Primary Examiner, Art Unit 3619
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Prosecution Timeline

Show 8 earlier events
Aug 06, 2025
Response Filed
Sep 11, 2025
Final Rejection mailed — §103
Nov 12, 2025
Response after Non-Final Action
Dec 09, 2025
Request for Continued Examination
Dec 22, 2025
Response after Non-Final Action
Jan 14, 2026
Non-Final Rejection mailed — §103
Apr 14, 2026
Response Filed
May 18, 2026
Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

7-8
Expected OA Rounds
73%
Grant Probability
92%
With Interview (+18.7%)
2y 7m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 591 resolved cases by this examiner. Grant probability derived from career allowance rate.

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