Prosecution Insights
Last updated: July 05, 2026
Application No. 18/526,260

METHOD AND APPARATUS OF ENCODING/DECODING IMAGE DATA BASED ON TREE STRUCTURE-BASED BLOCK DIVISION

Final Rejection §103
Filed
Dec 01, 2023
Priority
Oct 04, 2016 — RE 10-2016-0127890 +8 more
Examiner
CATTUNGAL, ROWINA J
Art Unit
2425
Tech Center
2400 — Computer Networks
Assignee
B1 Institute of Image Technology Inc.
OA Round
8 (Final)
75%
Grant Probability
Favorable
9-10
OA Rounds
0m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
401 granted / 532 resolved
+17.4% vs TC avg
Moderate +13% lift
Without
With
+13.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
25 currently pending
Career history
565
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
89.7%
+49.7% vs TC avg
§102
2.8%
-37.2% vs TC avg
§112
0.5%
-39.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 532 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 . This office action is in response to amendment filed 02/27/2026 in which the claims 1, 4-6, 8 are pending. Response to Arguments Applicant’s arguments, see pages 6-13, filed 02/27/2026, with respect to the rejections of claims have been fully considered and amended claims are moot in view of new grounds of rejection by relying on the teachings of Duvivier et al (US 2005/0286634 A1) (as described in detail below). Claim Rejections - 35 USC § 103 4. 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. 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. Claims 1-6, 8 are rejected under 35 U.S.C. 103 as being unpatentable over Lim et al. (KR20170132038A) (machine translation attached) in view of Duvivier et al (US 2005/0286634 A1) and Jeong et al. (US 2018/0176601 A1) Regarding claim 1, Lim discloses an image decoding method performed by an image decoding apparatus (para[0130] & Fig. 7 teaches image decoding apparatus), the image decoding method comprising: deriving a size of a subblock based on at least one of a size of a current block or a shape of the current block (para[0021] & Fig. 1 teaches determines a size of a prediction unit for each coding unit, para[0029]& Fig. 2 teaches [0032] –[0033] teaches in the case of the intra prediction mode, when the size of the coding unit CU is 2Nx2N, the prediction unit PU can have the size of 2Nx2N shown in Fig. 3A or the size of NxN shown in Fig. 3B, when the size of the coding unit CU is 2Nx2N, the prediction unit PU includes 2Nx2N shown in Fig. 4A, 2NxN shown in Fig. 4D, 2NxnU shown in FIG. 4E, 2NxND shown in FIG. 4F, and 4NxN shown in FIG. 4C, And nRx2N shown in FIG. 4 (h)); partitioning the current block into one or more subblocks based on the size of the subblock (para[0188]-[0189] & Fig. 9 teaches a coding tree unit (CTU) having a maximum pixel size of 256.times.256 pixels is divided into a quad tree structure and divided into four coding units (CUs) having a square shape. At least one of the coding units divided into the quad tree structure may be divided into two coding units (CUs) having a rectangular shape by being divided into a binary tree structure. Para [0236]-[0241] –[0242] & Figs. 17-19 teaches coding tree unit (CTU) having a maximum size of 256x256 pixels is divided into a quad tree structure and four coding units (CU) having a square shape, coding units divided into the quad tree structure may be divided into two coding units (CUs) having a rectangular shape by being divided into a binary tree structure), wherein the partitioning the current block is performed that indicates a number of partitioning times of the current block (para[0030]-[0031], [0035] & Figs. 2, 5 teaches each of the four coding units (CUs) having a square shape can be divided into a quad tree structure, and the depth of the coding unit (CU) It can have one integer value. Each of the four transformation units TU having the square shape may be divided into quad tree structures. The depth of the transformation unit TU divided into quad tree structures may be any of 0 to 3 It can have one integer value. Para[0196]-[0197] & Fig. 10 teaches the division of a coding unit (CU) as described with reference to FIG. 9 is expressed using split_cu_flag, and the depth of a coding unit (CU) divided using a binary tree is represented using binary_depth It can be done); performing inverse-transformation for the subblock (para[0130],[0133]-[0136] & Fig. 7 teaches an inverse quantization/inverse transform unit 220); generating a residual signal based on the inverse-transformation (para[0136] & Fig. 7 teaches the inverse quantization / inverse transform unit 220 inversely transforms the reconstructed quantized coefficients to reconstruct residual blocks); and reconstructing the current block based on the residual signal and a prediction signal (para[0137] & Fig. 7 teaches the adder 270 combines the residual block reconstructed by the inverse quantization/inverse transform unit 220 and the prediction block generated by the intra prediction unit 230 or the motion compensation prediction unit 240 to reconstruct the image block). Lim does not explicitly disclose wherein the single syntax element is used to select one candidate partitioning type among a plurality of candidate partitioning types pre-defined in the decoding apparatus, the plurality of candidate partitioning types comprises a first candidate for partitioning a 4Nx4N square block into sixteen NxN square subblocks and a second candidate for partitioning the 4Nx4N square block into four 2Nx2N square subblocks; wherein a binary tree partitioning is allowed for the current block having a width different from a height, and wherein the binary tree partitioning is not allowed for the current block having the width identical to the height. However Duvivier discloses wherein the single syntax element is used to select one candidate partitioning type among a plurality of candidate partitioning types pre-defined in the decoding apparatus, the plurality of candidate partitioning types comprises a first candidate for partitioning a 4Nx4N square block into sixteen NxN square subblocks and a second candidate for partitioning the 4Nx4N square block into four 2Nx2N square subblocks (FIG. 10, 258& Para [0066] teaches a look-up table is generated that contains each of the 259 different possible partition configurations and a unique identifier associated with each partition configuration (e.g., ranging from 0-258). An example of a look-up table 1005 for the H.264 standard is shown in FIG. 10. In these embodiments, for each macroblock, the integrated header data identifies a particular partition configuration in the look-up table that indicates the partition configuration of the macroblock (where the value of the integrated header data is matched to the unique identifier associated with the particular partition configuration). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use the method of dividing the coding units includes the step of dividing the picture or the divided coding unit to a binary tree structure and into a quad tree structure of Lim with the method then generates or receives a partition configuration look-up table that contains each possible partition configuration of a macroblock, each possible partition configuration having an associated unique identifier (e.g., a numerical identifier) of Duvivier in order to provide a system designed to encode/compress and decode/decompress video data streams to reduce the size of the streams for faster transmission and smaller storage space. Lim in view of Duvivier does not explicitly disclose wherein a binary tree partitioning is allowed for the current block having a width different from a height, and wherein the binary tree partitioning is not allowed for the current block having the width identical to the height. However Jeong discloses wherein a binary tree partitioning is allowed for the current block having a width different from a height, and wherein the binary tree partitioning is not allowed for the current block having the width identical to the height (para[0135] teaches when the shape of the block is M×N and M is larger than N, horizontal-direction partitioning is performed. When the shape of the block is M×N and N is larger than M, based on vertical-direction partitioning, binary-tree-based partitioning may be supported. When the shape of the block is M×N and N is equal to M, quad-tree-based partitioning may be supported). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use the method of dividing the coding units includes the step of dividing the picture or the divided coding unit to a binary tree structure and into a quad tree structure with a unique identifier associated with the particular partition configuration of Lim in view of Duvivier with the method of size or the shape of the transform block may be determined through the block-partitioning unit, and transform of a square shape or a rectangular shape may be supported according to block partitioning of Jeong in order to provide a system in which improves subjective picture quality and coding efficiency. Regarding claim 4, Lim discloses the method of claim 1, wherein selection information indicating whether a partitioning shape for transformation of the current block is determined adaptively is obtained from a bitstream, and wherein the partitioning the current block is performed based on the selection information (para[0131] & Fig. 7 teaches the entropy decoding unit 210 receives and decodes the bitstream encoded by the image encoding device 10 and separates the bitstream into an intra prediction mode index, motion information, a quantization coefficient sequence, and the like, and outputs the decoded motion information to a motion compensation prediction unit 240, para[0135] –[0136] teaches the quantization matrix may be selected based on at least one of a prediction mode and an intra prediction mode of the current block with respect to a block of the same size, according to the size of the current block to be restored. The inverse quantization / inverse transform unit 220 inversely transforms the reconstructed quantized coefficients to reconstruct residual blocks). Regarding claim 5, Lim discloses the method of claim 1, wherein the partitioning the current block is performed differently according to whether a prediction mode of the current block is an inter mode or an intra mode (Para[0032]-[0033]& Fig. 4 teaches In the case of the intra prediction mode, when the size of the coding unit CU is 2Nx2N, the prediction unit PU can have the size of 2Nx2N shown in Fig. 3A or the size of NxN shown in Fig. 3B have., in the case of the inter-prediction mode, when the size of the coding unit CU is 2Nx2N, the prediction unit PU includes 2Nx2N shown in Fig. 4A, 2NxN shown in Fig. 4D, 2NxnU shown in FIG. 4E, 2NxND shown in FIG. 4F, and 4NxN shown in FIG. 4C, And nRx2N shown in FIG. 4 (h) ). Regarding claim 6, Lim discloses an image encoding method performed by an image encoding apparatus, the image encoding method comprising: obtaining a residual signal for a current block based on a prediction signal (para[0095] & Fig. 1 teaches the residual block generating unit 165 generates a residual block using the current block and the current block using the prediction block); deriving a size of a subblock based on at least one of a size of the current block or a shape of the current block (Para[0213] teaches 13, a square coding unit CU0 having a size of 2Nx2N is divided into binary tree structures and divided into rectangular transform units TU0 and TU1 having a size of Nx2N or 2NxN); partitioning the current block into one or more subblocks based on the size of the subblock (para[0219] –[0223] teaches encoding apparatus 10 determines a block division structure, para[0188]-[0189]& Fig. 9 teaches [0188] Referring to FIG. 9, a coding tree unit (CTU) having a maximum pixel size of 256.times.256 pixels is divided into a quad tree structure and divided into four coding units (CUs) having a square shape. At least one of the coding units divided into the quad tree structure may be divided into two coding units (CUs) having a rectangular shape by being divided into a binary tree structure. Para [0241] –[0242] teaches coding tree unit (CTU) having a maximum size of 256x256 pixels is divided into a quad tree structure and four coding units (CU) having a square shape, coding units divided into the quad tree structure may be divided into two coding units (CUs) having a rectangular shape by being divided into a binary tree structure), wherein indicating a number of partitioning times of the current block is encoded (para[0030]-[0031], [0035] & Figs. 2, 5 teaches each of the four coding units (CUs) having a square shape can be divided into a quad tree structure, and the depth of the coding unit (CU) It can have one integer value. Each of the four transformation units TU having the square shape may be divided into quad tree structures. The depth of the transformation unit TU divided into quad tree structures may be any of 0 to 3 It can have one integer value. Para[0196]-[0197] & Fig. 10 teaches the division of a coding unit (CU) as described with reference to FIG. 9 is expressed using split_cu_flag, and the depth of a coding unit (CU) divided using a binary tree is represented using binary_depth It can be done); performing transformation for the subblock; and encoding the residual signal based on the transformation (para[0039] teaches the transforming unit 120 transforms a residual block which is a residual signal between the original block of the input prediction unit PU and the prediction block generated by the intra prediction unit 150 or the inter prediction unit 160, Unit TU as a basic unit). Lim does not explicitly disclose wherein a single syntax element is used to select one candidate partitioning type among a plurality of candidate partitioning types pre-defined in the decoding apparatus, the plurality of candidate partitioning types comprises a first candidate for partitioning a 4Nx4N square block into sixteen NxN square subblocks and a second candidate for partitioning the 4Nx4N square block into four 2Nx2N square subblocks; wherein a binary tree partitioning is allowed for the current block having a width different from a height, and wherein the binary tree partitioning is not allowed for the current block having the width identical to the height. However Duvivier discloses and wherein the single syntax element is used to select one candidate partitioning type among a plurality of candidate partitioning types pre-defined in the decoding apparatus, the plurality of candidate partitioning types comprises a first candidate for partitioning a 4Nx4N square block into sixteen NxN square subblocks and a second candidate for partitioning the 4Nx4N square block into four 2Nx2N square subblocks (FIG. 10, 258& Para [0066] teaches a look-up table is generated that contains each of the 259 different possible partition configurations and a unique identifier associated with each partition configuration (e.g., ranging from 0-258). An example of a look-up table 1005 for the H.264 standard is shown in FIG. 10. In these embodiments, for each macroblock, the integrated header data identifies a particular partition configuration in the look-up table that indicates the partition configuration of the macroblock (where the value of the integrated header data is matched to the unique identifier associated with the particular partition configuration). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use the method of dividing the coding units includes the step of dividing the picture or the divided coding unit to a binary tree structure and into a quad tree structure of Lim with the method then generates or receives a partition configuration look-up table that contains each possible partition configuration of a macroblock, each possible partition configuration having an associated unique identifier (e.g., a numerical identifier) of Duvivier in order to provide a system designed to encode/compress and decode/decompress video data streams to reduce the size of the streams for faster transmission and smaller storage space. Lim in view of Duvivier does not explicitly disclose wherein a binary tree partitioning is allowed for the current block having a width different from a height, and wherein the binary tree partitioning is not allowed for the current block having the width identical to the height. However Jeong discloses wherein a binary tree partitioning is allowed for the current block having a width different from a height, and wherein the binary tree partitioning is not allowed for the current block having the width identical to the height (para[0135] teaches when the shape of the block is M×N and M is larger than N, horizontal-direction partitioning is performed. When the shape of the block is M×N and N is larger than M, based on vertical-direction partitioning, binary-tree-based partitioning may be supported. When the shape of the block is M×N and N is equal to M, quad-tree-based partitioning may be supported). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use the method of dividing the coding units includes the step of dividing the picture or the divided coding unit to a binary tree structure and into a quad tree structure with a unique identifier associated with the particular partition configuration of Lim in view of Duvivier with the method of size or the shape of the transform block may be determined through the block-partitioning unit, and transform of a square shape or a rectangular shape may be supported according to block partitioning of Jeong in order to provide a system in which improves subjective picture quality and coding efficiency. Regarding claim 8, Lim discloses a method of transmitting a bitstream comprising: obtaining a residual signal for a current block based on a prediction signal (para[0095] & Fig. 1 teaches the residual block generating unit 165 generates a residual block using the current block and the current block using the prediction block); deriving a size of a subblock based on at least one of a size of the current block or a shape of the current block (Para[0213] teaches 13, a square coding unit CU0 having a size of 2Nx2N is divided into binary tree structures and divided into rectangular transform units TU0 and TU1 having a size of Nx2N or 2NxN); partitioning the current block into one or more subblocks based on the size of the subblock (para[0219] –[0223] teaches encoding apparatus 10 determines a block division structure, para[0188]-[0189]& Fig. 9 teaches [0188] Referring to FIG. 9, a coding tree unit (CTU) having a maximum pixel size of 256.times.256 pixels is divided into a quad tree structure and divided into four coding units (CUs) having a square shape. At least one of the coding units divided into the quad tree structure may be divided into two coding units (CUs) having a rectangular shape by being divided into a binary tree structure. Para [0241] –[0242] teaches coding tree unit (CTU) having a maximum size of 256x256 pixels is divided into a quad tree structure and four coding units (CU) having a square shape, coding units divided into the quad tree structure may be divided into two coding units (CUs) having a rectangular shape by being divided into a binary tree structure), wherein indicating a number of partitioning times of the current block is encoded (para[0030]-[0031], [0035] & Figs. 2, 5 teaches each of the four coding units (CUs) having a square shape can be divided into a quad tree structure, and the depth of the coding unit (CU) It can have one integer value. Each of the four transformation units TU having the square shape may be divided into quad tree structures. The depth of the transformation unit TU divided into quad tree structures may be any of 0 to 3 It can have one integer value. Para[0196]-[0197] & Fig. 10 teaches the division of a coding unit (CU) as described with reference to FIG. 9 is expressed using split_cu_flag, and the depth of a coding unit (CU) divided using a binary tree is represented using binary_depth It can be done); performing transformation for the subblock; encoding the residual signal based on the transformation to generate the bitstream (para[0039] teaches the transforming unit 120 transforms a residual block which is a residual signal between the original block of the input prediction unit PU and the prediction block generated by the intra prediction unit 150 or the inter prediction unit 160, Unit TU as a basic unit). Lim does not explicitly disclose and wherein the partitioning based on the single syntax element is used to select one candidate partitioning type among a plurality of candidate partitioning types pre-defined in the decoding apparatus, the plurality of candidate partitioning types comprises a first candidate for partitioning a 4Nx4N square block into sixteen NxN square subblocks and a second candidate for partitioning the 4Nx4N square block into four 2Nx2N square subblocks; wherein a binary tree partitioning is allowed for the current block having a width different from a height, and wherein the binary tree partitioning is not allowed for the current block having the width identical to the height. However Duvivier discloses and wherein the partitioning based on the single syntax element is used to select one candidate partitioning type among a plurality of candidate partitioning types pre-defined in the decoding apparatus, the plurality of candidate partitioning types comprises a first candidate for partitioning a 4Nx4N square block into sixteen NxN square subblocks and a second candidate for partitioning the 4Nx4N square block into four 2Nx2N square subblocks (FIG. 10, 258& Para [0066] teaches a look-up table is generated that contains each of the 259 different possible partition configurations and a unique identifier associated with each partition configuration (e.g., ranging from 0-258). An example of a look-up table 1005 for the H.264 standard is shown in FIG. 10. In these embodiments, for each macroblock, the integrated header data identifies a particular partition configuration in the look-up table that indicates the partition configuration of the macroblock (where the value of the integrated header data is matched to the unique identifier associated with the particular partition configuration). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use the method of dividing the coding units includes the step of dividing the picture or the divided coding unit to a binary tree structure and into a quad tree structure of Lim with the method then generates or receives a partition configuration look-up table that contains each possible partition configuration of a macroblock, each possible partition configuration having an associated unique identifier (e.g., a numerical identifier) of Duvivier in order to provide a system designed to encode/compress and decode/decompress video data streams to reduce the size of the streams for faster transmission and smaller storage space. Lim in view of Duvivier does not explicitly disclose wherein a binary tree partitioning is allowed for the current block having a width different from a height, and wherein the binary tree partitioning is not allowed for the current block having the width identical to the height. However Jeong discloses wherein a binary tree partitioning is allowed for the current block having a width different from a height, and wherein the binary tree partitioning is not allowed for the current block having the width identical to the height (para[0135] teaches when the shape of the block is M×N and M is larger than N, horizontal-direction partitioning is performed. When the shape of the block is M×N and N is larger than M, based on vertical-direction partitioning, binary-tree-based partitioning may be supported. When the shape of the block is M×N and N is equal to M, quad-tree-based partitioning may be supported). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use the method of dividing the coding units includes the step of dividing the picture or the divided coding unit to a binary tree structure and into a quad tree structure with a unique identifier associated with the particular partition configuration of Lim in view of Duvivier with the method of size or the shape of the transform block may be determined through the block-partitioning unit, and transform of a square shape or a rectangular shape may be supported according to block partitioning of Jeong in order to provide a system in which improves subjective picture quality and coding efficiency. Conclusion 8. THIS ACTION IS MADE FINAL. 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 ROWINA J CATTUNGAL whose telephone number is (571)270-5922. The examiner can normally be reached Monday-Thursday 7:30-6pm. 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, Brian Pendleton can be reached on (571) 272-7527. 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. /ROWINA J CATTUNGAL/Primary Examiner, Art Unit 2425
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Prosecution Timeline

Show 15 earlier events
Sep 03, 2025
Response Filed
Nov 14, 2025
Final Rejection mailed — §103
Dec 11, 2025
Response after Non-Final Action
Dec 24, 2025
Request for Continued Examination
Jan 18, 2026
Response after Non-Final Action
Jan 27, 2026
Non-Final Rejection mailed — §103
Feb 27, 2026
Response Filed
Jun 01, 2026
Final Rejection mailed — §103 (current)

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