Prosecution Insights
Last updated: July 17, 2026
Application No. 18/540,607

METHOD, DEVICE, AND MEDIUM FOR VIDEO PROCESSING

Non-Final OA §102
Filed
Dec 14, 2023
Priority
Jun 15, 2021 — CN PCT/CN2021/100208 +1 more
Examiner
MIKESKA, NEIL R
Art Unit
2485
Tech Center
2400 — Computer Networks
Assignee
Bytedance Inc.
OA Round
3 (Non-Final)
74%
Grant Probability
Favorable
3-4
OA Rounds
1m
Est. Remaining
81%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
366 granted / 494 resolved
+16.1% vs TC avg
Moderate +7% lift
Without
With
+6.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
4 currently pending
Career history
502
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
79.3%
+39.3% vs TC avg
§102
19.1%
-20.9% vs TC avg
§112
0.5%
-39.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 494 resolved cases

Office Action

§102
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 . Continued Examination Under 37 CFR 1.114 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 13 Apr 2026 has been entered. 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 1-16 and 18-21 are rejected under 35 U.S.C. 102(a)1) as being anticipated by Chen (US 2021/0160528). For claims 1, 19, and 20, Chen discloses a method for video processing, comprising: determining, during a conversion between a target block of a video and a bitstream of the video ([0211] The encoder encodes (at block 2860) the current block into the bitstream by using a prediction candidate selected from the list of prediction candidates to generate a prediction of the current block), based on coding information of a geometric partitioning merge mode ([0211] The prediction of the current block may be a triangular or GPM prediction that is generated based on the selected prediction candidate), whether a motion refinement is applied to a target unit of the target block in the geometric partitioning merge mode ([0185] In some embodiments, MER mode is used in subblock merge and non-subblock-non-IBC merge (including GPM, MMVD merge, regular merge, CIIP merge), but disabled for IBC merge (and/or IBC AMVP). Specifically, when deriving the spatial neighbor of merge list for the current CU under a non-IBC mode, the spatial neighbor inside the MER region is excluded (set to unavailable) or be pushed to the boundary of the MER region. For some embodiments, the video coder determines whether to use the spatial neighbor as a merge candidate according to the following pseudo code); and performing the conversion based on the determining ([0189] The foregoing proposed method can be implemented in encoders and/or decoders. For example, the proposed method can be implemented in an inter prediction module of an encoder). For claim 2, Chen discloses the method of claim 1, wherein the motion refinement is one of the following: a template matching (TM) refinement, a merge mode with motion vector differences (MMVD) refinement, or a bilateral matching refinement ([0147] In addition to merge mode, where the implicitly derived motion information is directly used for prediction samples generation of the current CU, the merge mode with motion vector differences (MMVD) is included.). For claim 3, Chen discloses the method of claim 1, wherein the target unit comprises a partition or subblock of the target block or the target block ([0173] Under geometry partitioning, a transform block may contain pixels belonging to multiple (e.g., two) different partitions). For claim 4, Chen discloses the method of claim 1, wherein the coding information of the geometric partitioning merge mode comprises a partitioning shape of the geometric partitioning merge mode, or wherein the partitioning shape of the geometric partitioning merge mode is indicated by an index for merge GPM partition, or wherein the coding information of the geometric partitioning merge mode comprises a partition angle or direction of the geometric partitioning merge mode ([0174] FIGS. 23 and 24 illustrates regions of a pixel block created by geometric partitioning. Grey-shaded pixels belong to region 1 and white-shade pixels belong to region 2. A pixel of region 1 (or region 2) is defined to be a boundary pixel if any of its four connected neighboring pixels (left, top, right, and bottom) belongs to region 2 (or region 1). If a pixel is a boundary pixel, the motion compensation is performed using a weighted sum of the motion predictions of the two motion vectors of the two regions. The weight for the prediction using the motion vector of the region containing the boundary pixels is ¾ and the weight for the prediction using the motion vector of the other region is ¼.). For claim 5, Chen discloses the method of claim 4, wherein the partition angle or direction of the geometric partitioning merge mode is derived from a partitioning shape of the geometric partitioning merge mode, or wherein the partition angle or direction of the geometric partitioning merge mode is indicated by an index for angle ([0211] The prediction of the current block may be a triangular or GPM prediction that is generated based on the selected prediction candidate. The prediction of the current block may be a combined inter and intra prediction (CIIP) that is generated based on the selected prediction candidate. The prediction of the current block may be generated by refining the selected prediction candidate with a motion vector difference information.). For claim 6, Chen discloses the method of claim 1, wherein if the motion refinement is allowed to be applied to the target block, whether and/or how usage of the motion refinement is presented in the bitstream follows a style of two-level signaling ([0189] The foregoing proposed method can be implemented in encoders and/or decoders. For example, the proposed method can be implemented in an inter prediction module of an encoder, and/or a inter prediction module of a decoder. In some embodiments, an encoder may signal (or generate) one or more syntax element in a bitstream, such that a decoder may parse said one or more syntax element from the bitstream.). For claim 7, Chen discloses the method of claim 6, wherein the two-level signaling is constructed from a first syntax element indicating whether the motion refinement is applied to the target block, followed by a second syntax element indicating whether the motion refinement is applied to the target unit of the target block, and a third syntax element indicating whether the motion refinement is applied to a further unit of the target block. For claim 8, Chen discloses the method of claim 7, wherein at least one of the first, second and third syntax elements is a flag ([0199] The entropy encoder 2690 encodes various parameters and data into the bitstream 2695 by using entropy-coding techniques such as context-adaptive binary arithmetic coding (CABAC) or Huffman encoding. The entropy encoder 2690 encodes various header elements, flags, along with the quantized transform coefficients 2612, and the residual motion data as syntax elements into the bitstream 2695.). For claim 9, Chen discloses the method of claim 7, wherein whether and/or how the second and third syntax elements are presented in the bitstream is conditioned based on the first syntax element, or wherein whether and/or how the third syntax elements presented in the bitstream is conditioned based on the first and second syntax elements ([0152] At slice level, variables BiDirPredFlag, RefldxSymL0 and RefldxSymL1 are derived according to: [0153] If mvd_I1_zero_flag is 1, BiDirPredFlag is set equal to 0. [0154] Otherwise, if the nearst reference picture in list-0 and the nearst reference picture in list-1 form a forward and backward pair of reference pictures or a backward and forward pair of reference pictures, BiDirPredFlag is set to 1, and both list-0 and list-1 reference pictures are short-term reference pictures. Otherwise BiDirPredFlag is set to 0.). For claim 10, Chen discloses the method of claim 9, wherein when whether and/or how the second and third syntax elements are presented in the bitstream is conditioned based on the first syntax element, if the first syntax element indicates that the motion refinement is unapplied to the target block, the presenting of the second and third syntax elements is disabled, or wherein when whether and/or how the third syntax elements presented in the bitstream is conditioned based on the first and second syntax elements, if the first syntax element indicates that the motion refinement is applied to the target block and the second syntax element indicates that the motion refinement is unapplied to the target unit of the target block, the presenting of the third and third syntax elements is disabled ([0155] At CU level, a symmetrical mode flag indicating whether symmetrical mode is used or not is explicitly signaled if the CU is bi-prediction coded and BiDirPredFlag is equal to 1. When the symmetrical mode flag is true, only mvp_I0_flag, mvp_I1_flag and MVD0 are explicitly signaled. The reference indices for list-0 and list-1 are set equal to the pair of reference pictures, respectively. MVD1 is set equal to (−MVD0). The final motion vectors are shown in below formula.). For claim 11, Chen discloses the method of claim 10, wherein if the first syntax element indicates that the motion refinement is unapplied to the target block, values of the second and third syntax elements are inferred to be equal to a default value, or wherein if the first syntax element indicates that the motion refinement is applied to the target block and the second syntax element indicates that the motion refinement is unapplied to the target unit of the target block, a value of the third syntax element is inferred to be equal to a default value ([0147] In addition to merge mode, where the implicitly derived motion information is directly used for prediction samples generation of the current CU, the merge mode with motion vector differences (MMVD) is included. In some embodiments, a MMVD flag is signaled after sending a skip flag and merge flag to specify whether MMVD mode is used for a CU.). For claim 12, Chen discloses the method of claim 1, wherein information about whether the motion refinement is allowed to be applied to the target block is included in a video parameter set (VPS), a sequence parameter set (SPS), a picture parameter set (PPS), a picture header, a slice header or a unit of the video at a level higher than a block level ([0172] In some embodiments, a combined subblock based merge list which contains both SbTVMP candidate and affine merge candidates is used for the signalling of subblock based merge mode. The SbTVMP mode is enabled/disabled by a sequence parameter set (SPS) flag). For claim 13, Chen discloses the method of claim 1, further comprising: adding a new merge candidate to a list of merge candidates for the target block if a length of the list is shorter than a predetermined length; and performing the conversion comprises performing the conversion based on the list of merge candidates ([0068] For derived candidate type 2, scaled merge candidates are created by scaling original merge candidates. FIG. 8 illustrates a merge candidates list that includes scaled merge candidates. As illustrated, an original merge candidate has mvLX (the motion vector in list X, X can be 0 or 1) and refldxLX (the reference picture index in list X, X can be 0 or 1). For example, an original candidate A is a list 0 uni-predicted MV with mvL0_A and reference picture index ref0. Candidate A is initially copied to list L1 as having reference picture index ref0′. The scaled MV mvL0′_A is calculated by scaling mvL0_A based on ref0 and ref0′. A scaled bi-predictive Merge candidate having mvL0_A and ref0 in list L0 and mvL0′_A and ref0′ in list L1 is created and added to the merge candidates list.). For claim 14, Chen discloses the method of claim 13, wherein a pruning process is applied during construction of the list of merge candidates ([0058] After the derivation process of the four spatial MV candidates and one temporal MV candidate, removing redundancy (pruning) is applied to remove redundant MV candidates. If after removing redundancy (pruning), the number of available MV candidates is smaller than five, three types of additional candidates are derived and are added to the candidate set (candidate list).). For claim 15, Chen discloses the method of claim 13, wherein the list of merge candidates is constructed in a geometric partitioning merge mode, or wherein a value of the predetermined length is a value included in the bitstream or a predefined value ([0058] If after removing redundancy (pruning), the number of available MV candidates is smaller than five, three types of additional candidates are derived and are added to the candidate set (candidate list).). For claim 16, Chen discloses the method of claim 13, wherein the new merge candidate is determined by a weighted sum of a first number of available merge candidates from the beginning of the list, or wherein the new merge candidate is determined by using average weighting or non-average weighting ([0174] The weight for the prediction using the motion vector of the region containing the boundary pixels is ¾ and the weight for the prediction using the motion vector of the other region is ¼.). For claim 18, Chen discloses the method of claim 1, wherein the conversion includes encoding the target block into the bitstream, or wherein the conversion includes decoding the target block from the bitstream [0095] The history-based MVP (HMVP) merge candidates are added to merge list after the spatial MVP and TMVP. In HMVP, the motion information of a previously coded block is stored in a table and used as MVP for the current CU. A table with multiple HMVP candidates is maintained during the encoding/decoding process.). For claim 21, Chen discloses wherein the conversion comprises: generating the bitstream from the video, and the method further comprises: storing the bitstream in a non-transitory computer-readable recording medium ([0193] In some embodiments, the reconstructed picture buffer 2650 is a storage internal to the video encoder 2600.). Response to Arguments Applicant's arguments filed 13 Apr 2026 have been fully considered but they are not persuasive. Applicant argues Chen does not disclose the claimed feature "determining, based on coding information of a geometric partitioning merge mode, whether a motion refinement is applied to a target unit of the target block in the geometric partitioning merge mode" under the reasoning that “Chen at Para. [0185] further discloses a solution for determining whether to use a spatial neighbor as a merge candidate for the current CU by considering the MER region. As such, the cited content of Chen has nothing to do with "determining whether a motion refinement is applied to a target unit of the target block in the geometric partitioning merge mode." (Remarks, 8). However, Chen discloses the claimed limitation as discussed for claim 1 above and further described below. Chen discloses determining, based on coding information of a geometric partitioning merge mode, whether a motion refinement is applied to a target unit of the target block in the geometric partitioning merge mode in paragraph [0185] describing to determine . . . whether a motion refinement is applied by explaining that “In some embodiments, MER mode is used . . . including GPM, MMVD merge . . . .” Chen paragraph [0114] teaches that MMVD is “merge mode with motion vector difference,” which is a technique included under the broadest reasonable interpretation of the claim term “motion refinement.” Examiner suggests applicant further specify the meaning of “motion refinement.” Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Francois; Edouard et al. US 20240121403 A1 METADATA FOR SIGNALING INFORMATION REPRESENTATIVE OF AN ENERGY CONSUMPTION OF A DECODING PROCESS HONG; Seungwook et al. US 20230362390 A1 HISTORY-BASED MOTION VECTOR PREDICTION AND MODE SELECTION FOR GRADUAL DECODING REFRESH Chang; Yao-Jen et al. US 20220329822 A1 TEMPLATE MATCHING REFINEMENT IN INTER-PREDICTION MODES Reuze; Kevin Pascal Andre et al. US 20210058617 A1 GEOMETRIC PARTITION MODE WITH HARMONIZED MOTION FIELD STORAGE AND MOTION COMPENSATION 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 NEIL MIKESKA whose telephone number is (571)272-3917. The examiner can normally be reached M-F: 6a - 2p. 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, Jay Patel can be reached at (571) 272-2988. 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. /NEIL R MIKESKA/Primary Examiner, Art Unit 2485
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Prosecution Timeline

Dec 14, 2023
Application Filed
Jul 03, 2025
Non-Final Rejection mailed — §102
Oct 03, 2025
Response Filed
Nov 25, 2025
Final Rejection mailed — §102
Jan 26, 2026
Response after Non-Final Action
Apr 13, 2026
Request for Continued Examination
Apr 23, 2026
Response after Non-Final Action
Jun 16, 2026
Non-Final Rejection mailed — §102 (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

3-4
Expected OA Rounds
74%
Grant Probability
81%
With Interview (+6.8%)
2y 9m (~1m remaining)
Median Time to Grant
High
PTA Risk
Based on 494 resolved cases by this examiner. Grant probability derived from career allowance rate.

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