Prosecution Insights
Last updated: August 30, 2026
Application No. 18/572,999

APPLYING AN OVERLAY PROCESS TO A PICTURE

Non-Final OA §103§112
Filed
Dec 21, 2023
Priority
Jun 29, 2021 — provisional 63/216,279 +1 more
Examiner
FEREJA, SAMUEL D
Art Unit
2487
Tech Center
2400 — Computer Networks
Assignee
Telefonaktiebolaget LM Ericsson
OA Round
4 (Non-Final)
74%
Grant Probability
Favorable
4-5
OA Rounds
0m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
476 granted / 639 resolved
+16.5% vs TC avg
Moderate +11% lift
Without
With
+11.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
33 currently pending
Career history
697
Total Applications
across all art units

Statute-Specific Performance

§101
4.3%
-35.7% vs TC avg
§103
69.6%
+29.6% vs TC avg
§102
11.5%
-28.5% vs TC avg
§112
8.8%
-31.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 639 resolved cases

Office Action

§103 §112
DETAILED ACTION 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 . Status of the Claims Currently, claims 41-45, 47-56, and 58-63 are pending in the application. Claims 42 and 61-63 are amended. Claims 46 & 57 are cancelled. Response to Arguments / Amendments Applicant’s arguments with respect to claim 41 have been, but they are not persuasive, see discussion below. Rejections under 35 U.S.C. § 103: The applicant argued that the Art does not teach or suggest: “a boundary of the first segment area of the picture is not fully aligned with a boundary of the picture, is not fully aligned with a boundary of any subpictures of the picture, and is not fully aligned with a boundary of any slices in the picture”, as required by claim 41 As to the above argument, Regarding Claim 41, Ramasubramonian discloses a boundary of the first segment area of the picture is not fully aligned with a boundary of the picture with region data 351 include a number of regions of the picture that are specified in the regional nesting SEI message 350, such that information associated with the metadata signaled for these regions are applicable to one or more of the regions such as a syntax element is included in the syntax of the nesting SEI message 350 indicating the number of regions (e.g., rns_num_rect_regions, which can also be re-written as regional_nesting_num_rect_regions; [0084] Two classes of NAL units exist in the HEVC standard, including video coding layer (VCL) NAL units and non-VCL NAL units. A VCL NAL unit includes one slice or slice segment of coded picture data, and a non-VCL NAL unit includes control information that relates to one or more coded pictures ([0130], FIG. 3); and Ramasubramonian further discloses the encoding device 104 receives video data, and partitioning unit 35 partitions the data into video blocks including partitioning into slices, slice segments, tiles, or other larger units, as wells as video block partitioning, e.g., according to a quadtree structure of LCUs and CUs ([0300] , FIG. 8). In addition to Ramasubramonian, Hendry teaches segment area of the picture with a part of a slice but not all of the slice and a stream of Network Abstraction Layer (NAL) units encapsulating a respective Raw Byte Sequence Payload (RBSP) for a respective slice segment of a plurality of slice segments of a slice of a picture of the video data, each respective slice segment of the plurality of slice segments of the slice comprising an integer number of Coding Tree Units (CTUs) of the picture, the plurality of slice segments of the slice including an independent slice segment and one or more dependent slice segments ([0011] . Hendry also teaches The picture is partitioned into a plurality of tiles, the plurality of tiles including a first tile and a second tile, and the plurality of slice segments of the slice includes one or more slice segments that contain CTUs of the first tile and the plurality of slice segments of the slice includes one or more slice segments that contain CTUs of the second tile, and a tile region is defined in the file, the tile region being a rectangular tile region that comprises an integer number of tiles of the plurality of tiles forming a rectangular region encoded in one or more of the slice segments, the rectangular tile region including the first tile, the rectangular tile region not including the second tile ([0011]). Accordingly, Examiner maintains the rejection with regards to above arguments. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(a): The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. Claims 61 and 63 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 61 recite “a first coordinate parameter specifying a first coordinate of a first axis; a second coordinate parameter specifying a second coordinate of a second axis;” The specification does not provide disclosure for the “a first coordinate parameter specifying a first coordinate of a first axis; a second coordinate parameter specifying a second coordinate of a second axis”. This language is not supported by the original disclosure and therefore constitutes a new matter. (See also 37 C.F.R 1.121(F), MPEP 608.04, 706.03(o)). Claim 63 recite “first segment area comprises a circular area having a radius, and the first dimension parameter specifies the radius of the circular area;” The specification does not provide disclosure for the “first segment area comprises a circular area having a radius, and the first dimension parameter specifies the radius of the circular area.”. This language is not supported by the original disclosure and therefore constitutes a new matter. (See also 37 C.F.R 1.121(F), MPEP 608.04, 706.03(o)). 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 of this title, 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 41-45, 47-56, and 58-63 are rejected under 35 U.S.C. 103 as being unpatentable over Ramasubramonian et al. (US 20170332085, hereinafter Ramasubramonian) in view of Hendry et al. (US 20170347109, hereinafter Hendry). Regarding Claim 41, Ramasubramonian discloses a method for applying an overlay process to a picture in a bitstream ([0083], FIG. 1, Coded slices of pictures are encapsulated in the bitstream level into data units called network abstraction layer (NAL) units), the method comprising: decoding a first set of one or more overlay process parameters from syntax elements in a first NAL unit in the bitstream, the first set of one or more overlay process parameters specifying a first overlay process ([0128] FIG. 3, regional nesting SEI message 350 generated for a picture of a video bitstream store or transmit the regional nesting SEI message 350 in or with a video bitstream to a receiving device, such as the decoding device 112; [0115], SEI message with a region-specific application or function includes a film grain characteristics SEI message, which is used to convey a parametric model for film grain synthesis to the decoder. Film grain characteristics can be perceived differently in different parts of a picture. For example, such region-based signaling would help for mixed content where there are both natural images (to which a film grain model may apply to) and artificially generated content (which may not have any film grain associated with it) in the same picture); decoding a first set of one or more picture partitioning parameters from syntax elements in a second NAL unit in the bitstream, wherein the first NAL unit is different from the second NAL unit, the first set of one or more picture partitioning parameters specifying a first segment area of the picture ([0084] Two classes of NAL units exist in the HEVC standard, including video coding layer (VCL) NAL units and non-VCL NAL units. A VCL NAL unit includes one slice or slice segment of coded picture data, and a non-VCL NAL unit includes control information that relates to one or more coded pictures; [0097]), wherein a boundary of the first segment area of the picture is not fully aligned with a boundary of the picture, is not fully aligned with a boundary of any subpictures of the picture, and is not fully aligned with a boundary of any slices in the picture ([0130], FIG. 3, region data 351 include a number of regions of the picture that are specified in the regional nesting SEI message 350, such that information associated with the metadata signaled for these regions are applicable to one or more of the regions such as a syntax element is included in the syntax of the nesting SEI message 350 indicating the number of regions (e.g., rns_num_rect_regions, which can also be re-written as regional_nesting_num_rect_regions; [0084] Two classes of NAL units exist in the HEVC standard, including video coding layer (VCL) NAL units and non-VCL NAL units. A VCL NAL unit includes one slice or slice segment of coded picture data, and a non-VCL NAL unit includes control information that relates to one or more coded pictures); and decoding the picture, wherein decoding the picture comprises applying the first overlay process on the first segment area of the picture using the first set of one or more overlay process parameters ([0102], FIG. 1, decoding device 112 receives the encoded video bitstream data and may provide the video bitstream data to the decoder engine 116 that decode the encoded video bitstream data by entropy decoding (e.g., using an entropy decoder)). Ramasubramonian further discloses the encoding device 104 receives video data, and partitioning unit 35 partitions the data into video blocks including partitioning into slices, slice segments, tiles, or other larger units, as wells as video block partitioning, e.g., according to a quadtree structure of LCUs and CUs ([0300] , FIG. 8). However, Ramasubramonian does not explicitly disclose segment area of the picture comprises: i) a part of a slice but not all of the slice, ii) a part of a tile but not all of the tile, iii) a part of a CTU but not all of the CTU, and/or iv) a part of a CU but not all of the CU. Hendry teaches segment area of the picture comprises: i) a part of a slice but not all of the slice, ii) a part of a tile but not all of the tile, iii) a part of a CTU but not all of the CTU, and/or iv) a part of a CU but not all of the CU ([0011] a stream of Network Abstraction Layer (NAL) units encapsulating a respective Raw Byte Sequence Payload (RBSP) for a respective slice segment of a plurality of slice segments of a slice of a picture of the video data, each respective slice segment of the plurality of slice segments of the slice comprising an integer number of Coding Tree Units (CTUs) of the picture, the plurality of slice segments of the slice including an independent slice segment and one or more dependent slice segments. The picture is partitioned into a plurality of tiles, the plurality of tiles including a first tile and a second tile, and the plurality of slice segments of the slice includes one or more slice segments that contain CTUs of the first tile and the plurality of slice segments of the slice includes one or more slice segments that contain CTUs of the second tile, and a tile region is defined in the file, the tile region being a rectangular tile region that comprises an integer number of tiles of the plurality of tiles forming a rectangular region encoded in one or more of the slice segments, the rectangular tile region including the first tile, the rectangular tile region not including the second tile). PNG media_image1.png 442 464 media_image1.png Greyscale Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of segment area of the picture comprises: i) a part of a slice but not all of the slice, ii) a part of a tile but not all of the tile as taught by Hendry ([0011]) into the encoding & decoding system of Ramasubramonian in order to provide systems for allowing the computing device to avoid errors and extra complexity, thus potentially improving performance of the computing device and enabling reducing complexity to accelerate operation of the devices, and costs of the computing devices (Hendry, [0029]). Regarding Claim 42, Ramasubramonian in view of Hendry discloses the method of claim 41, Ramasubramonian discloses further comprising: decoding a first Boolean indicator value from a first 1-bit syntax element in the bitstream, wherein applying the first overlay process on the first segment area of the picture using the first set of one or more overlay process parameters is done in response to the first Boolean indicator value being equal to a first value ([0200], SEI Payload Syntax Structure – Regional nesting called payloadType = = 147) PNG media_image2.png 142 418 media_image2.png Greyscale ; Regarding Claim 43, Ramasubramonian in view of Hendry discloses the method of claim 42, Ramasubramonian discloses wherein the first syntax element is a flag ([0155], syntax element may indicate that the syntax elements associated with the application to which one or more nested SEI messages (nested SEI messages 352, 353) apply, the syntax elements associated with the target system, such as rns_info_present_flag). Regarding Claim 44, Ramasubramonian discloses the method of claim 42, Ramasubramonian discloses wherein the first indicator value is decoded from: a slice header, a picture header, a parameter set, or an SEI message ([0155] generate the regional nesting SEI message 350 to include a syntax element specifying that certain other syntax elements are explicitly signaled. For example, the syntax element may indicate that the syntax elements associated with the application to which one or more nested SEI messages (nested SEI messages 352, 353) apply, the syntax elements associated with the target system). Regarding Claim 45, Ramasubramonian in view of Hendry discloses the method of claim 41, Ramasubramonian discloses wherein the first set of one or more picture partitioning parameters specifies the first segment area of the picture by specifying at least one of: a color value, a luminance value, or a local similarity index value ([0112], Common features of data included in SEI messages (e.g., metadata corresponding to SMPTE-2094-1) across various applications include targeted display characteristics (e.g., color primaries, white point, among other characteristics), persistence, and description of regions to which the metadata are applicable) Regarding Claim 47, Ramasubramonian in view of Hendry discloses the method of claim 41, Ramasubramonian discloses wherein the overlay process is: a film grain process, a renoising process, a denoising process, or a post filtering process ([0115] SEI message with a region-specific application or function includes a film grain characteristics SEI message, which is used to convey a parametric model for film grain synthesis to the decoder. Film grain characteristics can be perceived differently in different parts of a picture (e.g., in different regions of the picture)) Regarding Claim 48, Ramasubramonian in view of Hendry discloses the method of claim 41, Ramasubramonian discloses wherein at least one of the boundaries of the first segment area of the picture is not a slice boundary ([0132], region data 351 includes a set of syntax elements specifying the boundaries of a region defined by specifying offsets of the region boundaries from the corresponding boundaries of the picture such as specifying boundary offsets of a region). Regarding Claim 49, Ramasubramonian in view of Hendry discloses the method of claim 41, Ramasubramonian discloses wherein the first set of one or more overlay process parameters comprises at least one of: an overlay process model type parameter, an overlay process strength parameter, or an overlay process seed parameter ([0128] FIG. 3, regional nesting SEI message 350 generated for a picture of a video bitstream store or transmit the regional nesting SEI message 350 in or with a video bitstream to a receiving device, such as the decoding device 112; [0115], SEI message with a region-specific application or function includes a film grain characteristics SEI message). Regarding Claim 50, Ramasubramonian in view of Hendry discloses the method of claim 41, Ramasubramonian discloses wherein the first set of one or more overlay process parameters is signaled in an SEI message, a parameter set, a picture header, or a slice header ([0097] Each slice header includes a PPS ID. Using the IDs, active parameter sets can be identified for a given slice; [0110]. FIG. 2, include Sets of data (e.g., metadata or other data) in SEI messages, such as SEI messages 234, 235, and 236. The sets of data can be used by a decoder device, a player device, or other device on the receiver-side to perform one or more functions on the pictures (e.g., before or after the pictures are decoded, but generally after). Regarding Claim 51, Ramasubramonian in view of Hendry discloses the method of claim 41, Ramasubramonian discloses wherein an overlay process is applied to one or a subset of layers or to one or a subset of temporal sublayers in one layer ([0105] Extensions to the HEVC standard include the Multiview Video Coding extension, referred to as MV-HEVC, and the Scalable Video Coding extension, referred to as SHVC. The MV-HEVC and SHVC extensions share the concept of layered coding, with different layers being included in the encoded video bitstream). Regarding Claim 52, Ramasubramonian in view of Hendry discloses the method of claim 51, Ramasubramonian discloses wherein applying an overlay process to one or a subset of temporal sublayers in one layer comprises applying an overlay process to one or a subset of temporal sublayers in one layer using a subset of the temporal sublayer IDs belonging to the one or a subset of temporal sublayers ([0105] Extensions to the HEVC standard include the Multiview Video Coding extension, referred to as MV-HEVC, and the Scalable Video Coding extension, referred to as SHVC. The MV-HEVC and SHVC extensions share the concept of layered coding, with different layers being included in the encoded video bitstream). Regarding Claims 53-56 & 58-59, Encoding Method claims 53-56 & 58-59 of using the corresponding decoding method claimed in claims 41-45 & 46-50, and the rejections of which are incorporated herein for the same reasons as used above. Regarding Claim 60, Computer readable storage medium claim 60 of using the corresponding decoding method claimed in claim 41, and the rejections of which are incorporated herein for the same reasons as used above. Regarding Claim 61, Ramasubramonian in view of Hendry discloses the method of claim 41, Hendry discloses wherein first set of one or more picture partitioning parameters comprises: a first coordinate parameter specifying a first coordinate of a first axis; a second coordinate parameter specifying a second coordinate of a second axis; and a first dimension parameter specifying a first dimension of the first segment area, the first and second coordinate together define i) a point within the first segment area or ii) a point on a boundary of the first segment area ([0226], FIG. 7, the tile region may be a rectangular tile region that comprises an integer number of tiles of the plurality of tiles forming a rectangular region encoded in one or more of the slice segments or the rectangular tile region does not contain any tile other than the integer number of tiles forming the rectangular region. Furthermore, the rectangular tile region includes the first tile, but the rectangular tile region does not include the second tile). The same reason or rational of obviousness motivation applied as used above in claim 41. Regarding Claim 62, Ramasubramonian in view of Hendry discloses the method of claim 41, Hendry discloses wherein the first set of one or more picture partitioning parameters further comprises a second dimension parameter specifying a second dimension of the first segment area, the first dimension parameter specifies a width of the first segment area, and the second dimension parameter specifies a height of the first segment area ([0226], FIG. 7, the tile region may be a rectangular tile region that comprises an integer number of tiles of the plurality of tiles forming a rectangular region encoded in one or more of the slice segments or the rectangular tile region does not contain any tile other than the integer number of tiles forming the rectangular region. Furthermore, the rectangular tile region includes the first tile, but the rectangular tile region does not include the second tile). The same reason or rational of obviousness motivation applied as used above in claim 41. Regarding Claim 63, Ramasubramonian in view of Hendry discloses the method of claim 41, Hendry discloses the first segment area comprises a circular area having a radius, and the first dimension parameter specifies the radius of the circular area. ([0226], FIG. 7, the tile region may be a rectangular tile region that comprises an integer number of tiles of the plurality of tiles forming a rectangular region encoded in one or more of the slice segments or the rectangular tile region does not contain any tile other than the integer number of tiles forming the rectangular region. Furthermore, the rectangular tile region includes the first tile, but the rectangular tile region does not include the second tile). The same reason or rational of obviousness motivation applied as used above in claim 41. Conclusion 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 Samuel D Fereja whose telephone number is (469)295-9243. The examiner can normally be reached 8AM-5PM. 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, DAVID CZEKAJ can be reached at (571) 272-7327. 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. /SAMUEL D FEREJA/Primary Examiner, Art Unit 2487
Read full office action

Prosecution Timeline

Show 6 earlier events
Aug 28, 2025
Response after Non-Final Action
Oct 01, 2025
Request for Continued Examination
Oct 07, 2025
Response after Non-Final Action
Dec 10, 2025
Non-Final Rejection mailed — §103, §112
Mar 05, 2026
Response Filed
May 12, 2026
Final Rejection mailed — §103, §112
Jul 08, 2026
Response after Non-Final Action
Aug 25, 2026
Applicant Interview (Telephonic)

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Prosecution Projections

4-5
Expected OA Rounds
74%
Grant Probability
86%
With Interview (+11.0%)
2y 7m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 639 resolved cases by this examiner. Grant probability derived from career allowance rate.

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