DETAILED ACTION
This Office Action is in response to the amendment filed on January 14, 2026. Claims 1, 7, and 9-10 are pending and are examined.
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 Amendment
The amendments made to original claims 1, 7, and 10 and the cancellation of claims 2-4, 6, and 8 have been fully considered.
Response to Argument
Applicant's arguments and amendments received January 14, 2026 have been fully considered.
With regard to 35 U.S.C. § 103, Applicant argues that the cited prior art fails to disclose hierarchically performing the integer pixel unit search process and the sub-pixel search process – namely, that a process of searching for the refined L0 motion vector in integer pixel units first and then searching for the refined L0 motion vector in subpixel units based on the refined L0 motion vector in integer pixel units derived from the process of searching for the refined L0 motion vector in integer pixel units – and restricting the search area of the sub-pixel unit to be included in the search area of the integer pixel unit. This language corresponds to the newly amended language of claims 1, 7, and 10.
Examiner respectfully disagrees. Chen describes refinement of the MV pair, including the L0/MV0 motion vector, using a two-stage, i.e., hierarchical, search process that may include a first search at integer precision and then a second search at a sub-sample, e.g., half-pel, precision (see Fig. 4, ¶¶40, 41, 45, 46, 48, 52, 53). In doing so, Chen clearly describes a process of searching for the refined L0 motion vector in integer pixel units first and then searching for the refined L0 motion vector in subpixel units based on the refined L0 motion vector in integer pixel units derived from the process of searching for the refined L0 motion vector in integer pixel unit. In addition, Chen also discloses restricting the search area of the sub-pixel search to the area of the integer-pixel search (see citations above and describing that the half-sample precision search does not exceed the search range – within +/- 1 pixel). Accordingly, Chen discloses the newly amended limitations.
Ultimately, Applicant’s arguments have been considered but they are directed to newly amended language, which is addressed below. See the rejection below for how the art on record reads on the newly amended language as well as the examiner's interpretation of the cited art in view of the presented claim set.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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.
Claim 9 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Patent Publication No. 2013/0016789 (“Lou”).
With respect to claim 9, patentable weight is given to data stored on a computer-readable medium when there exists a functional relationship between the data and its associated substrate. MPEP 2111.05 III. For example, if a claim is drawn to a computer-readable medium containing programming, a functional relationship exists if the programming “performs some function with respect to the computer with which it is associated.” Id. However, if the claim recites that the computer-readable medium merely serves as a support for information or data, no functional relationship exists and the information or data is not given patentable weight. Id. Claim 9 is directed to a non-transitory computer-readable storage medium storing a bitstream, and clauses that appear to describe how the bitstream is generated. These elements or steps are not performed by an intended computer, and the bitstream is not a form of programming that causes functions to be performed by an intended computer. This shows that the computer-readable medium merely serves as support for the bitstream and provides no functional relationship between the steps/elements that describe the generation of the bitstream and intended computer system. Therefore, those claim elements are not given patentable weight. Thus the claim scope is just a storage medium storing data and is anticipated by Lou which recites a storage medium storing a bitstream (see ¶155).
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) 1-10 are rejected under 35 U.S.C. 102(a)(2) as unpatentable over U.S. Patent Publication No. 2019/0238883 (“Chen”), which corresponds to a provisional application filed January 2018, in view of U.S. Patent No. 10,798,385 (“Lee”).
With respect to claim 1, Chen discloses the invention substantially as claimed, including:
An image decoding method performed by a decoding apparatus (see Figs. 7-9b, Abstract), the method comprising:
obtaining prediction mode information of a current block (see Figs. 9a, 9b, item 904, ¶¶26, 72, 97, describing that a flag may be present in the bitstream that indicates whether skip or merge mode is true for a block, and that the decoder/parser may receive such a flag, i.e., obtain prediction mode information of a current block, and use it to determine whether to code the current block using PMVD and DMVR);
deriving a prediction mode of the current block based on the prediction mode information (see citations with respect to element above, indicating that such a flag may be used to determine the prediction mode for the current block – whether it is coded in merge or skip mode and whether PMVD and DMVR are a part of this merge mode prediction, i.e., deriving a prediction mode of the current block based on the prediction mode information);
deriving motion information of the current block based on the prediction mode (see citations with respect to elements above and Figs. 9a, 9b, items 904, 908, ¶¶99, describing that, based on the prediction mode being a mode, e.g., merge mode, that uses PMVD and DMVR, motion vectors of a current block/CU are derived);
determining, based on the prediction mode of the current block, whether refined motion information of each sub-block of the current block is derived (see citations above describing that based on the prediction mode of the current block being the merge mode with PMVD/DMVR, i.e., Figs. 9a and 9b, step 904, the system proceeds to Figs. 9a, 9b, items 910, 916, and ¶¶100-105, describing that in step 910, it is determined wither to allow MV refinement for the current block and that this may be done all the way to the sub-block level at step 916, i.e., determining, based on the prediction mode of the current block, whether refined motion information of each sub-block of the current block is derived);
based on a determination that the refined motion information of each sub-block is derived, deriving sub-blocks of the current block by partitioning the current block (see citations and arguments with respect to claim element above and Fig. 9b, items 922 and 924 and ¶¶40-41, 85-87, 105-106, 109-112, describing that the current block may be partitioned into multiple smaller partitioned units, e.g., sub-blocks, for refinement and that where sub-block refinement is determined to be used, the block is partitioned into sub-blocks for refinement)
deriving the refined motion information of each sub-block based on the motion information of the current block (see Figs. 9a and 9b, items 918, 924, ¶¶40-41, 85-87, 105-106, 110-111, describing refining the MV pair of the current block at the sub-block level to derive refined MVs for each sub-block, i.e., deriving the refined motion information of each sub-block based on the motion information of the current block); and
deriving a prediction block of the current block based on the refined motion information of each sub-block (see Figs. 7, 9a, and 9b, item s 713, 920, ¶¶73-74, 76, 107, 111, describing using the refined MV pair for the sub-blocks to perform inter prediction resulting in predicted/decoded pixel data of the current block, i.e., deriving a prediction block of the current block based on the refined motion information of each sub-block), wherein based on the prediction mode of the current block being derived as a merge mode, it is determined that the refined motion information of each sub-block is derived (see Fig. 9b, items 904, 908, 922, ¶109, showing and describing that based on the current block being coded with PMVD/DMVR, which as described above may be part of the merge mode process, the system may proceed directly to partitioning and deriving sub-block/partitioned MV refinement as the dotted line to steps 910 and 912 are optional, i.e., wherein based on the prediction mode of the current block being derived as a merge mode, it is determined that the refined motion information of each sub-block is derived and ¶87, describing that sub-block MV refinement is performed conditionally only “in some embodiments” – as detailed below, one of ordinary skill in the art at the time of filing would understand this to mean in other embodiments, the sub-block MV refinement is not conditional and that refined motion information of the sub-block is obtained for all PMVD/DMVR (which as detailed above may be part of the merge mode)),
…
wherein the refined motion information of each sub-block includes a refined L0 motion vector and a refined L1 motion vector of each sub-block of the current block (see citations and arguments with respect to elements above, and including especially Figs. 2a, 2b, 4, 9a, 9b, items 225, MV0, MV0’, R0, R0’, Ref0, 918, ¶¶38-41, 46, 66, 80, 87, 105-107, showing and describing a motion vector refinement process which may be done at a sub-block level, i.e., refined motion information for each sub-block, and that it includes refined L0 and L1 motion vectors of each sub-block – MV0’ and MV1’ for each sub-block),
wherein a process of searching for the refined L0 motion vector of an integer pixel unit in the L0 reference picture is performed within a search area of the integer pixel unit (see citations and arguments with respect to claim elements above, including especially Fig. 4, ¶¶48, 51-53, describing that searching for the refined L0 motion vector, MV0’, of an integer pixel unit in the L0 reference picture is performed within a search area of the integer pixel unit),
wherein a process of searching for the refined L0 motion vector of a sub-pixel unit in the L0 reference picture is performed within a search area of the sub-pixel unit derived based on an integer pixel represented by the searched refined L0 motion vector of the integer pixel unit (see citations and arguments with respect to claim elements above, including especially Fig. 4, ¶¶40-41, 45-46, 48, 52-53, describing that after the integer precision search for MV0’ – the refined L0 motion vector, a sub-pixel unit, e.g., half-pixel/half-pel precision, search within a search area of the sub-pixel, e.g., half-pixel/half-pel, and that this search area is the same search area derived based on the integer pixel search area used to obtain the refined MV0’ of integer precision, i.e., based on an integer pixel represented by the searched refined L0 motion vector of the integer pixel unit), and
wherein the search area of the sub-pixel unit is restricted to be included in the search area of the integer pixel unit (see citations and arguments with respect to claim elements above, including especially Fig. 4, ¶¶40, 45, 52-53,describing that the half-sample/half-pel precision search does not exceed a search range of +/-1 pixel, i.e., the search area of the sub-pixel unit is restricted to be included in the search area of the integer pixel unit).
Chen does not explicitly disclose wherein based on a difference between a Picture order count (POC) of a current picture and a POC of a L0 reference picture being equal to a difference between a POC of a L1 reference picture and the POC of the current picture, it is determined that the refined motion information of each sub-block is derived.
However, in the same field of endeavor, Lee discloses that it was known to refine motion information when a difference between a POC of the current reference picture and a POC of the L0 reference picture is equal to a difference between a POC of the L1 reference picture and a POC of the current reference picture, i.e.:
wherein based on a difference between a Picture order count (POC) of a current picture and a POC of a L0 reference picture being equal to a difference between a POC of a L1 reference picture and the POC of the current picture, it is determined that the refined motion information of each sub-block is derived (see 9:43-49, 14:43-52, 17:61-66, 18:52-53, describing that it was known that the refined motion information may be derived when the first time distance between the current picture and the first reference picture is equal to the second time distance between the current picture and the second reference picture, i.e., between the POC of the current picture and a POC of the L0 reference picture being equal to a difference between a POC of the L1 reference picture and the POC of the current picture and that this refinement may be on a sub-block basis, i.e., the refined motion for each sub-block may be derived).
With respect to claim 7, Chen discloses the invention substantially as claimed. As detailed above, Chen in view of Lee discloses each and every element of independent claim 1. Chen/Lee additionally discloses:
An image encoding method performed by a encoding apparatus (see Figs. 5-6, Abstract), the method comprising:
deriving a prediction mode of a current block (see citations and arguments with respect to claim 1 above, describing that the encoder may signal/derive a prediction mode of a current block);
deriving motion information of the current block based on the prediction mode (see citations and arguments with respect to claim 1 above and ¶¶19, 31, 89, describing that this process may be embodied by any video codec including an encoder);
determining, based on the prediction mode of the current block, whether refined motion information of each sub-block of the current block is derived (see citations and arguments with respect to claim 1 above and ¶¶19, 31, 89, describing that this process may be embodied by any video codec including an encoder);
based on a determination that the refined motion information of each sub-block is derived, deriving sub-blocks of the current block by partitioning the current block (see citations and arguments with respect to claim 1 above and ¶¶19, 31, 89, describing that this process may be embodied by any video codec including an encoder)
deriving the refined motion information of each sub-block based on the motion information of the current block (see citations and arguments with respect to claim 1 above and ¶¶19, 31, 89, describing that this process may be embodied by any video codec including an encoder); and
deriving a prediction block of the current block based on the refined motion information of each sub-block (see citations and arguments with respect to claim 1 above and ¶¶19, 31, 89, describing that this process may be embodied by any video codec including an encoder);
encoding image information including prediction mode information for the prediction mode of current block (see citations and arguments with respect to elements above and Fig. 5, item 590, ¶¶62-63, 89, describing encoding the above-described predicted pixels, i.e., prediction related information for the motion information of the current block),
wherein based on the prediction mode of the current block being derived as a merge mode, it is determined that the refined motion information of each sub-block is derived (see citations and arguments with respect to corresponding element of claim 1 above),
wherein based on a difference between a Picture order count (POC) of a current picture and a POC of a L0 reference picture being equal to a difference between a POC of a L1 reference picture and the POC of the current picture, it is determined that the refined motion information of each sub-block is derived (see citations and arguments with respect to corresponding element of claim 1 above),
wherein the refined motion information of each sub-block includes a refined L0 motion vector and a refined L1 motion vector of each sub-block of the current block (see citations and arguments with respect to corresponding element of claim 1 above),
wherein a process of searching for the refined L0 motion vector of an integer pixel unit in the L0 reference picture is performed within a search area of the integer pixel unit (see citations and arguments with respect to corresponding element of claim 1 above),
wherein a process of searching for the refined L0 motion vector of a sub-pixel unit in the L0 reference picture is performed within a search area of the sub-pixel unit derived based on an integer pixel represented by the searched refined L0 motion vector of the integer pixel unit (see citations and arguments with respect to corresponding element of claim 1 above),
wherein the search area of the sub-pixel unit is restricted to be included in the search area of the integer pixel unit (see citations and arguments with respect to corresponding element of claim 1 above).
The reasons for combining the cited prior art with respect to claim 1 also applies to claim 7.
With respect to claim 10, Chen discloses the invention substantially as claimed. As detailed above, Chen in view of Lee discloses each and every element of independent claim 1. Chen/Lee additionally discloses:
A transmission method for image data (see citations and arguments with respect to corresponding elements of claims 1, 7, and 9 above, describing the transmission of image data from an encoder to a decoder), the method comprising:
obtaining a bitstream of encoded image information, wherein the encoded image information is generated based on deriving a prediction mode of a current block, deriving motion information of the current block based on the prediction mode, determining, based on the prediction mode of the current block, whether refined motion information of each sub-block of the current block is derived, based on a determination that the refined motion information of each sub-block is derived, deriving sub-blocks of the current block by partitioning the current block, deriving refined motion information of each sub-block based on the motion information of the current block, deriving a prediction block of the current block based on the refined motion information of each sub-block, and encoding the image information including prediction mode information for the prediction mode of current block (see citations and arguments with respect to corresponding elements of claims 1, 7, and 9 above, describing the encoder obtaining a bitstream of encoded image information generated as described above and transmitting it to the decoder); and
transmitting the image data comprising the bitstream (see citations and arguments with respect to corresponding elements of claims 1, 7, and 9 above, describing the encoder obtaining a bitstream of encoded image information generated as described above and transmitting it to the decoder), wherein based on the prediction mode of the current block being derived as a merge mode, it is determined that the refined motion information of each sub-block is derived (see citations and arguments with respect to corresponding element of claim 1 above),
wherein based on a difference between a Picture order count (POC) of a current picture and a POC of a L0 reference picture being equal to a difference between a POC of a L1 reference picture and the POC of the current picture, it is determined that the refined motion information of each sub-block is derived (see citations and arguments with respect to corresponding element of claim 1 above),
wherein the refined motion information of each sub-block includes a refined L0 motion vector and a refined L1 motion vector of each sub-block of the current block (see citations and arguments with respect to corresponding element of claim 1 above),
wherein a process of searching for the refined L0 motion vector of an integer pixel unit in the L0 reference picture is performed within a search area of the integer pixel unit (see citations and arguments with respect to corresponding element of claim 1 above),
wherein a process of searching for the refined L0 motion vector of a sub-pixel unit in the L0 reference picture is performed within a search area of the sub-pixel unit derived based on an integer pixel represented by the searched refined L0 motion vector of the integer pixel unit (see citations and arguments with respect to corresponding element of claim 1 above),
wherein the search area of the sub-pixel unit is restricted to be included in the search area of the integer pixel unit (see citations and arguments with respect to corresponding element of claim 1 above).
The reasons for combining the cited prior art with respect to claim 1 also applies to claim 10.
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 LINDSAY JANE KILE UHL whose telephone number is (571)270-0337. The examiner can normally be reached on 8:30 AM-5:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Vaughn can be reached on (571)272-3922. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LINDSAY J UHL/ Primary Examiner, Art Unit 2481
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