Prosecution Insights
Last updated: April 19, 2026
Application No. 18/372,409

ARTIFICIAL INTELLIGENCE-BASED IMAGE ENCODING AND DECODING APPARATUS, AND IMAGE ENCODING AND DECODING METHOD THEREBY

Non-Final OA §103
Filed
Sep 25, 2023
Examiner
JEBARI, MOHAMMED
Art Unit
2482
Tech Center
2400 — Computer Networks
Assignee
Samsung Electronics Co., Ltd.
OA Round
3 (Non-Final)
55%
Grant Probability
Moderate
3-4
OA Rounds
3y 9m
To Grant
71%
With Interview

Examiner Intelligence

Grants 55% of resolved cases
55%
Career Allow Rate
266 granted / 487 resolved
-3.4% vs TC avg
Strong +16% interview lift
Without
With
+16.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
46 currently pending
Career history
533
Total Applications
across all art units

Statute-Specific Performance

§101
4.4%
-35.6% vs TC avg
§103
50.3%
+10.3% vs TC avg
§102
18.2%
-21.8% vs TC avg
§112
17.2%
-22.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 487 resolved cases

Office Action

§103
Notice of Pre-AIA or AIA Status 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Continued Examination Under 37 CFR 1.114 2. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/19/2025 has been entered. Response to Arguments 3. Applicant's arguments filed 12/19/2025 have been fully considered but they are not persuasive. On pages 8-10 from Applicant’s remarks, Applicant argued that Zhao does not disclose inputting a prediction block for the current block, neighboring pixels of the current block, and coding context information to a neural network; and generating, as an output of the neural network, a transform kernel determined based on the prediction block, the neighboring pixels, and the coding context information. However, the Examiner respectfully disagrees. ZHAO clearly teaches inputting a prediction block for the current block, neighboring pixels of the current block (paragraph 0221, According to embodiments, a neural network-based transform set selection scheme may be provided. The input of the neural network includes, but is not limited to, the prediction block samples of the current block, the neighboring reconstructed samples of the current block), and coding context information to a neural network (paragraph 0228, the parameters used in the neural network depends on coded information, including but not limited to: whether the block is intra coded or not, the block width and/or block height, quantization parameter, whether the current picture is coded as an intra (key) frame or not, and the intra prediction mode); and generating, as an output of the neural network, a transform kernel determined based on the prediction block, the neighboring pixels, and the coding context information (paragraph 0222, a group of transform sets is defined, and a sub-group of transform sets is selected using coded information, such as prediction mode (e.g. intra prediction mode or inter prediction mode), then one transform set of the selected sub-group of transform sets is identified using other code information, such as the prediction block samples of the current block, the neighboring reconstructed samples of the current block. Then, the transform candidate for the current block is selected from the identified transform set using the associated index signaled in the bitstream; paragraph 0225, the neural network is used to identify a transform set that is for secondary transform. Alternatively, the neural network is used to identify a transform set that is used for primary transform. Alternatively, the neural network is used to identify a transform set that is used for specifying a combination of secondary and primary transform; paragraph 0233, the decoding code 810 may cause a neural network to be used in selecting the transform group, the transform sub-group, the transform set, and/or the transform, or otherwise perform at least a part of the decoding, in accordance with embodiments of the present disclosure. According to embodiments, the decoder (800) may further include neural network code (850) that is configured to cause the at least one processor to implement the neural network). Therefore, it is clear from the teachings of paragraphs 0222, 0225 and 0233 that the neural network identify the transform set, broadly interpreted as generating, using an index. Allowable Subject Matter 4. Claims 5-8 and 12-13 are allowed. Claim Rejections - 35 USC § 103 5. 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. 6. 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. 7. 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. 8. Claim(s) 1-3, 9-10, and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over ZHAO et al. (US 2022/0078423) hereinafter “ZHAO”. As per claim 1, ZHAO discloses an artificial intelligence (AI)-based image decoding method comprising: obtaining a transform block for a current block, from a bitstream (see FIG. 3, output of parser 320; paragraph 0084, The parser (320) may extract from the coded video sequence, a set of subgroup parameters for at least one of the subgroups of pixels in the video decoder, based upon at least one parameters corresponding to the group. Subgroups can include Groups of Pictures (GOPs), pictures, tiles, slices, macroblocks, Coding Units (CUs), blocks, Transform Units (TUs), Prediction Units (PUs) and so forth); obtaining a residual block of the current block by applying the transform kernel to the transform block (see FIG. 3, output of the scaler/inverse transformation 351; paragraphs 0088 and 0090, The scaler/inverse transform unit (351) may receive quantized transform coefficient as well as control information, including which transform to use, block size, quantization factor, quantization scaling matrices, etc. as symbol(s) (321) from the parser (320). The scaler/inverse transform unit (351) can output blocks including sample values that can be input into the aggregator (355)…the output of the scaler/inverse transform unit (351) (in this case called the residual samples or residual signal)); and reconstructing the current block by using the residual block and the prediction block (see FIG. 3, output of aggregator 355; see paragraphs 0089 and 0095). However, ZHAO does not clearly teach in the embodiment related to FIG. 3 inputting a prediction block for the current block, neighboring pixels of the current block, and coding context information to a neural network; and generating, as an output of the neural network, a transform kernel determined based on the prediction block, the neighboring pixels, and the coding context information; ZHAO in a different embodiment teaches inputting a prediction block for the current block, neighboring pixels of the current block (paragraph 0221, According to embodiments, a neural network-based transform set selection scheme may be provided. The input of the neural network includes, but is not limited to, the prediction block samples of the current block, the neighboring reconstructed samples of the current block), and coding context information to a neural network (paragraph 0228, the parameters used in the neural network depends on coded information, including but not limited to: whether the block is intra coded or not, the block width and/or block height, quantization parameter, whether the current picture is coded as an intra (key) frame or not, and the intra prediction mode); and generating, as an output of the neural network, a transform kernel determined based on the prediction block, the neighboring pixels, and the coding context information (paragraph 0222, a group of transform sets is defined, and a sub-group of transform sets is selected using coded information, such as prediction mode (e.g. intra prediction mode or inter prediction mode), then one transform set of the selected sub-group of transform sets is identified using other code information, such as the prediction block samples of the current block, the neighboring reconstructed samples of the current block. Then, the transform candidate for the current block is selected from the identified transform set using the associated index signaled in the bitstream; paragraph 0225, the neural network is used to identify a transform set that is for secondary transform. Alternatively, the neural network is used to identify a transform set that is used for primary transform. Alternatively, the neural network is used to identify a transform set that is used for specifying a combination of secondary and primary transform; paragraph 0233, the decoding code 810 may cause a neural network to be used in selecting the transform group, the transform sub-group, the transform set, and/or the transform, or otherwise perform at least a part of the decoding, in accordance with embodiments of the present disclosure. According to embodiments, the decoder (800) may further include neural network code (850) that is configured to cause the at least one processor to implement the neural network. Therefore, it is clear from the teachings of paragraphs 0222, 0225 and 0233 that the neural network identify the transform set, broadly interpreted as generating, using an index). Therefore, it would have been obvious for one having skill in the art before the effective filing date of the invention to modify ZHAO embodiment in FIG. 3, by applying neural network-based methods, as taught in paragraphs 0221, 0228, and 0233, for efficient classification of prediction residuals, and therefore provide more efficient transform set selection (see paragraph 0211). As per claim 2, ZHAO discloses the AI-based image decoding method of claim 1, wherein the coding context information comprises at least one of a quantization parameter of the current block, a split tree structure of the current block, a split structure of the neighboring pixels, a split type of the current block, or a split type of the neighboring pixels (quantization parameter as taught in paragraph 0211). As per claim 3, ZHAO discloses the AI-based image decoding method of claim 1, wherein the transform block is a block transformed by a neural network-based transform kernel or a block transformed by one linear transform kernel from among a plurality of pre-determined linear transform kernels (paragraphs 0221, 0224). As per claims 9, the claim is directed to an encoding method corresponding to the decoding method of claim 1; therefore arguments analogous to those applied for claim 1 are applicable for claim 9; in addition, ZHAO teaches an encoding method and apparatus (see FIG. 4 and paragraph 0103). As per claim 10, arguments analogous to those applied for claim 3 are applicable for claim 10. As per claims 14-15, arguments analogous to those applied for claim 1-2 are applicable for claims 14-15; in addition, ZHAO discloses decoding apparatus comprising a memory and at least one processor (paragraph 0212). 9. Claim(s) 4 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over ZHAO et al. (US 2022/0078423) in view of Mukherjee et al. (US 2018/0014031) hereinafter “Mukherjee”. As per claim 4, ZHAO discloses the AI-based image decoding method of claim 1; however, ZHAO does not explicitly disclose wherein the generated transform kernel comprises a left transform kernel to be applied to a left side of the transform block and a right transform kernel to be applied to a right side of the transform block. In the same field of endeavor, Mukherjee discloses wherein the generated transform kernel comprises a left transform kernel to be applied to a left side of the transform block and a right transform kernel to be applied to a right side of the transform block (FIG. 7; paragraph 0075, For example, the top partition 710 shown in FIG. 7 is a 4×8 sub-block, and transforming the top partition 710 may include generating a 4×8 prediction block, generating a 4×8 residual block, identifying a transform having a transform size equal to the prediction block size, such as the 4×8 transform 740, or smaller than the prediction block size, such as the left 4×4 transform 750 and the right 4×4 transform 752, and generating transform coefficients using the identified transforms). One of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to combine the elements taught by ZHAO, with those of Mukherjee, because both references are drawn to the same field of endeavor, because indeed both references are related to encoding/decoding methods and apparatus using transform coefficients, and because such a combination represents a mere combination of prior art elements, according to known methods, to yield a predictable result. This rationale applies to all combinations of ZHAO and Mukherjee used in this Office Action unless otherwise noted. As per claim 11, arguments analogous to those applied for claim 4 are applicable for claim 11. 10. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. (US 20230386486, US 20230007246, US 20220286711, US 20210097368, US 20200084473) Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED JEBARI whose telephone number is (571)270-7945. The examiner can normally be reached M-F: 09:00am-06:00pm. 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, Chris Kelley can be reached on 571-272-7331. 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. /MOHAMMED JEBARI/Primary Examiner, Art Unit 2482
Read full office action

Prosecution Timeline

Sep 25, 2023
Application Filed
Apr 18, 2025
Non-Final Rejection — §103
Jul 22, 2025
Response Filed
Oct 22, 2025
Final Rejection — §103
Dec 19, 2025
Request for Continued Examination
Dec 22, 2025
Response after Non-Final Action
Jan 24, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12598337
DYNAMIC AIRPLANE VIDEO-ON-DEMAND BANDWIDTH MANAGEMENT
2y 5m to grant Granted Apr 07, 2026
Patent 12593134
CYLINDRICAL PANORAMA HARDWARE
2y 5m to grant Granted Mar 31, 2026
Patent 12584763
ENVIRONMENT MAP GENERATION PROGRAM AND THREE-DIMENSIONAL SENSOR CONTROL DEVICE
2y 5m to grant Granted Mar 24, 2026
Patent 12574506
METHOD AND DEVICE FOR CODING IMAGE ON BASIS OF INTER PREDICTION
2y 5m to grant Granted Mar 10, 2026
Patent 12568208
IMAGE AND VIDEO CODING USING MACHINE LEARNING PREDICTION CODING MODELS
2y 5m to grant Granted Mar 03, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

3-4
Expected OA Rounds
55%
Grant Probability
71%
With Interview (+16.4%)
3y 9m
Median Time to Grant
High
PTA Risk
Based on 487 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month