Prosecution Insights
Last updated: May 29, 2026
Application No. 18/497,766

Method and Device for Encoding/Decoding Image and Recording Medium Having Bitstream Stored Thereon

Final Rejection §103
Filed
Oct 30, 2023
Priority
Mar 14, 2018 — RE 10-2018-0029860 +4 more
Examiner
UHL, LINDSAY JANE KILE
Art Unit
2481
Tech Center
2400 — Computer Networks
Assignee
LX SEMICON CO., LTD.
OA Round
4 (Final)
80%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
327 granted / 407 resolved
+22.3% vs TC avg
Moderate +9% lift
Without
With
+8.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
24 currently pending
Career history
442
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
93.6%
+53.6% vs TC avg
§102
1.6%
-38.4% vs TC avg
§112
2.3%
-37.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 407 resolved cases

Office Action

§103
DETAILED ACTION This Office Action is in response to the arguments and amendments filed on January 30, 2026. Claims 1, 5, and 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, 5, and 10 and the cancellation of claim 9 have been fully considered. The previous rejection with respect to claim 9 is withdrawn. Response to Argument Applicant's arguments and amendments received January 30, 2026 have been fully considered. With regard to 35 U.S.C. § 103, Applicant argues that the cited prior art fails to disclose wherein an initial weighting factor for the first prediction block and the second prediction block is derived based on the weighting factor information for the current block, wherein the first weighting factor and the second weighting factor are derived by refining the initial weighting factor based on the sample value difference between the first prediction block and the second prediction block. This language corresponds to the newly amended language of claims 1, 5, and 10. As such, these have been considered but they are directed to newly amended language, which is addressed below. See the rejection below for how a newly added reference 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 § 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. Claims 1, 5, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication No. 2019/0230350 (“Chen”), which corresponds to a priority application dated May 2017 and provisional applications dated 2016, in view of the level of skill in the art. With respect to claim 1, Chen discloses the invention substantially as claimed, including: An image decoding method, performed by a decoding apparatus, comprising: deriving motion information for a reference picture list 0 of a current block and motion information for a reference picture list 1 of the current block (see Abstract, ¶¶40, 42, 45-46, 70, 112-113, 118, describing deriving motion information for reference picture list L0, i.e., list 0, of a current block and for reference picture list L1, i.e., list 1, of a current block); deriving a first prediction block of the current block based on the motion information for the reference picture list 0 of the current block (see citations with respect to element above, describing deriving a first prediction block/PU/signal of the current block based on the motion information for reference picture list L0 of the current block); deriving a second prediction block of the current block based on the motion information for the reference picture list 1 of the current block (see citations with respect to elements above and describing deriving a second prediction block/PU/signal of the current block based on the motion information for reference picture list L1 of the current block); deriving a first weighting factor for the first prediction block and a second weighting factor for the second prediction block based on weighting factor information for the current block and a sample value difference between the first prediction block and the second prediction block (see Abstract, ¶¶40-42, 48, 67-60 and equations therein, describing deriving first and second weights/weighting factors (e.g., (s/s0*(1-w1’)) and (s/s1*w’1)) for bi-prediction, i.e., for the first and second prediction blocks, based on weight/scaling factor information for the current block (e.g., s and α) and the sample value difference between the first prediction block and the second prediction block (e.g., s0 and s1, which are described as being based upon the illuminance-wise difference between the reference/prediction pictures (and therefore the blocks therein))); deriving a modified prediction block of the current block by performing a weighted sum of the first prediction block and the second prediction block based on the first weighting factor and the second weighting factor (see citations with respect to element above and ¶¶4, 55, describing deriving a modified prediction block/signal of the current block by performing a weighted average/sum of the first prediction block/reference sample and the second prediction block/reference sample based on the first weight/weighting factor and the second weight/weighting factor); and generating a reconstructed picture based on the modified prediction block (see citations with respect to element above and ¶10, 31, describing predicting/reconstructing the picture based on the modified prediction block/sample), wherein the weighting factor information for the current block is signaled through a block syntax for the current block (see citations with respect to elements above including ¶¶48, 67, describing that weighting factor information for the current block (e.g., s and α) may be signaled for the current block and that it may be signaled through block syntax, e.g., gbi_scaling_factors), wherein an initial weighting factor for the first prediction block and the second prediction block is derived based on the weighting factor information for the current block (see citations and arguments with respect to elements above, including ¶¶68-70, describing that the weighting factor information for the current block (e.g., α) may be used to derive initial weighting factors (e.g., 1-w1’ and w1’ – see equations 6 and 7) for the first and second prediction blocks), wherein the first weighting factor and the second weighting factor are derived by refining the initial weighting factor based on the sample value difference between the first prediction block and the second prediction block (see citations and arguments with respect to elements above, describing that the first and second weighting factors (e.g., (s/s0*(1-w1’)) and (s/s1*w’1)) are derived by refining the initial prediction samples based on the sample difference between the first and second prediction blocks (e.g., (s/s0*(1-w1’)) and (s/s1*w’1) come from refining 1-w1’ and w1’ by s/s0 and s/s1, respectively, which are formulated/based on reducing the illuminance-wise difference, i.e., sample value difference, between the associated reference pictures (and the blocks therein) of P0 and P1)), and wherein the first weighting factor and the second weighting factor are derived differently based on the sample value difference between the first prediction block and the second prediction block (see citations with respect to weighting factor derivation elements above, describing that the first and second weighting factors may be unequal, i.e., derived differently, (e.g., (s/s0*(1-w1’)) and (s/s1*w’1)) and derived based on the sample value difference between the first and second prediction blocks). Chen describes signaled information (e.g., gbi_scaling_factors – α and s) that indicates scaling factors at the picture level for the current block, but this information is not explicitly called “weighting factor information”. However, one of ordinary skill in the art at the time of filing would have understood that scaling factors, which represent multipliers like those described in 68-70, are synonymous with “weighting factors” for the current block and the images therein, and thus represent “weighting factor information” for the current block. Similarly, although the term “initial weighting factor” is not used in Chen, Chen describes that a first scaling/weighting factor is applied (e.g., in equation 6, w1’ is determined using w1 and α) and that a second scaling factor may then also be used (e.g., in equation 7, the weighting factors (1-w1’ and w1’) are refined by s/s0 and s/s1, respectively). One of ordinary skill in the art at the time of filing would have understood that a scaling/weighting factor (e.g., like Chen’s “first scaling factor”) that is later modified, updated, or refined (e.g., using Chen’s “second scaling factor”), i.e., is not the final weighting factor for the prediction block, would be an “initial” weighting factor. Accordingly, it would have been obvious to such a person, to modify Chen to term these items as “weighting factor information” and “initial weighting factors”. With respect to claim 5, Chen discloses the invention substantially as claimed. As detailed above, Chen in view of the level of skill in the art at the time of filing discloses each and every element of independent claim 1. Chen additionally discloses: An image encoding method, performed by an encoding apparatus, comprising: deriving motion information for a reference picture list 0 of a current block and motion information for a reference picture list 1 of the current block (see citations and arguments with respect to claim 1 above); deriving a first prediction block of the current block based on the motion information for the reference picture list 0 of the current block (see citations and arguments with respect to claim 1 above); deriving a second prediction block of the current block based on the motion information for the reference picture list 1 of the current block (see citations and arguments with respect to claim 1 above); deriving a first weighting factor for the first prediction block and a second weighting factor for the second prediction block based on weighting factor information for the current block and a sample value difference between the first prediction block and the second prediction block (see citations and arguments with respect to claim 1 above); encoding prediction related information for the motion information for the reference picture list 0 and the motion information for the reference picture list 1 (see citations and arguments with respect to claim 1 above and ¶30, describing encoding prediction related information, e.g., motion vectors and residual, for the motion information, for the reference blocks, e.g., reference picture list 0 and reference picture list 1 described with respect to claim 1 above); and, encoding image information including the prediction related information and the weighting factor information (see citations with respect to claim 1 above and elements above and ¶¶30, 48, describing the encoding of image information including the prediction related information, and the weighting factor information), wherein the weighting factor information for the current block is signaled through a block syntax for the current block (see citations and arguments with respect to corresponding element of claim 1 above), wherein an initial weighting factor for the first prediction block and the second prediction block is derived based on the weighting factor information for the current block (see citations and arguments with respect to corresponding elements of claim 1 above), wherein the first weighting factor and the second weighting factor are derived by refining the initial weighting factor based on the sample value difference between the first prediction block and the second prediction block (see citations and arguments with respect to corresponding elements of claim 1 above), and wherein the first weighting factor and the second weighting factor are derived differently based on the sample value difference between the first prediction block and the second prediction block (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 apply to claim 5. With respect to claim 10, Chen discloses the invention substantially as claimed. As detailed above, Chen in view of the level of skill in the art at the time of filing discloses each and every element of independent claim 1. Chen additionally discloses: A transmission method of data for image, the method comprising: obtaining a bitstream of image information including weighting factor information for a current block and prediction related information for motion information for a reference picture list 0 of the current block and motion information for a reference picture list 1 of the current block (see citations and arguments with respect to corresponding elements of claims 1 and 5 above); and transmitting the data including the bitstream of the image information including the weighting factor information and the prediction related information (see citations and arguments with respect to corresponding elements of claims 1 and 5 above), wherein a first prediction block of the current block is derived based on the motion information for the reference picture list 0 of the current block (see citations and arguments with respect to corresponding elements of claims 1 and 5 above), wherein a second prediction block of the current block is derived based on the motion information for the reference picture list 1 of the current block (see citations and arguments with respect to corresponding elements of claims 1 and 5 above), wherein a first weighting factor for the first prediction block and a second weighting factor for the second prediction block are derived based on the weighting factor information for the current block and a sample value difference between the first prediction block and the second prediction block (see citations and arguments with respect to corresponding elements of claims 1 and 5 above), wherein a modified prediction block of the current block is derived by performing a weighted sum of the first prediction block and the second prediction block based on the first weighting factor and the second weighting factor (see citations and arguments with respect to corresponding elements of claims 1 and 5 above), and wherein the weighting factor information for the current block is signaled through a block syntax for the current block (see citations and arguments with respect to corresponding elements of claims 1 and 5 above), wherein an initial weighting factor for the first prediction block and the second prediction block is derived based on the weighting factor information for the current block (see citations and arguments with respect to corresponding elements of claims 1 and 5 above), wherein the first weighting factor and the second weighting factor are derived by refining the initial weighting factor based on the sample value difference between the first prediction block and the second prediction block (see citations and arguments with respect to corresponding elements of claims 1 and 5 above), and wherein the first weighting factor and the second weighting factor are derived differently based on the sample value difference between the first prediction block and the second prediction block (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 apply 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 8:30 AM-5:00 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, 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. 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. LINDSAY J UHL Primary Examiner Art Unit 2481 /LINDSAY J UHL/Primary Examiner, Art Unit 2481
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Prosecution Timeline

Show 1 earlier event
Dec 11, 2024
Non-Final Rejection mailed — §103
Mar 10, 2025
Response Filed
May 29, 2025
Final Rejection mailed — §103
Sep 02, 2025
Request for Continued Examination
Sep 10, 2025
Response after Non-Final Action
Oct 30, 2025
Non-Final Rejection mailed — §103
Jan 30, 2026
Response Filed
May 11, 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

5-6
Expected OA Rounds
80%
Grant Probability
89%
With Interview (+8.8%)
2y 5m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 407 resolved cases by this examiner. Grant probability derived from career allowance rate.

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