Prosecution Insights
Last updated: October 02, 2026
Application No. 18/618,789

METHOD, APPARATUS, AND MEDIUM FOR VIDEO PROCESSING

Non-Final OA §103§DOUBLEPATENT
Filed
Mar 27, 2024
Priority
Sep 27, 2021 — provisional 63/248,832 +1 more
Examiner
ALATA, YASSIN
Art Unit
2426
Tech Center
2400 — Computer Networks
Assignee
Bytedance Inc.
OA Round
3 (Non-Final)
67%
Grant Probability
Favorable
3-4
OA Rounds
4m
Est. Remaining
81%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allowance Rate
564 granted / 846 resolved
+8.7% vs TC avg
Moderate +15% lift
Without
With
+14.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
29 currently pending
Career history
893
Total Applications
across all art units

Statute-Specific Performance

§101
7.9%
-32.1% vs TC avg
§103
57.9%
+17.9% vs TC avg
§102
20.1%
-19.9% vs TC avg
§112
5.5%
-34.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 846 resolved cases

Office Action

§103 §DOUBLEPATENT
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 . 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 allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). 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, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 06/30/2026 has been entered. Response to Arguments Applicant’s arguments with respect to claims 1-22 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Claims 1, 7, 15 and 19-20 have been amended. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp. Claims 1-2, 15 and 19-20 are provisionally rejected on the ground of nonstatutory double patenting as being anticipated over claims 1-2 and 18-20 of copending Application No. 18/618,814 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because at least one examined application claim is not patentable distinct from the reference claims(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Current Application Pending Application No. 18/918,814 (Currently Amended) A method for video processing, comprising: performing a conversion between a media file of a first video and a bitstream of the first video, wherein the media file comprises a first indication indicating whether a first set of coded video data units representing a target picture-in-picture region in the first video are replaceable by a second set of coded video data units associated with a second video, and wherein the first set of coded video data units and the second set of coded video data units comprise network abstraction layer (NAT) units. 1. (Currently Amended) A method for video processing, comprising: performing a conversion between a media file of a first video and a bitstream of the first video, wherein the media file comprises a first indication indicating a first set of coded video data units representing a target picture-in-picture region in the first video, the first set of coded video data units being replaceable by a second set of coded video data units associated with a second video, wherein the media file is based on an international organization for standardization base media file format (ISOBMFF), and wherein the first set of coded video data units and the second set of coded video data units comprise network abstraction layer (NAL) units. 2. (Original) The method of claim 1,wherein a spatial resolution of the second video being smaller than a spatial resolution of the first video. 2. (Original) The method of claim 1, wherein a spatial resolution of the second video being smaller than a spatial resolution of the first video. 15. (Currently Amended) An apparatus for processing video data comprising a processor and a non-transitory memory with instructions thereon, wherein the instructions upon execution by the processor, cause the processor to perform acts comprising: performing a conversion between a media file of a first video and a bitstream of the first video, wherein the media file comprises a first indication indicating whether a first set of coded video data units representing a target picture-in-picture region in the first video are replaceable by a second set of coded video data units associated with a second video, and wherein the first set of coded video data units and the seconds et of coded videod ata units comprise network abstraction layer (NAL units. 18. (Currently Amended) An apparatus for processing video data comprising a processor and a non-transitory memory with instructions thereon, wherein the instructions upon execution by the processor, cause the processor to perform acts comprising: performing a conversion between a media file of a first video and a bitstream of the first video, wherein the media file comprises a first indication indicating a first set of coded video data units representing a target picture-in-picture region in the first video, the first set of coded video data units being replaceable by a second set of coded video data units associated with a second video, wherein the media file is based on an international organization for standardization base media file format (ISOBMFF), and wherein the first set of coded video data units and the second set of coded video data units comprise network abstraction layer (NAL) units. 19. (Currently Amended) A non-transitory computer-readable storage medium storing instructions that cause a processor to perform acts comprising: performing a conversion between a media file of a first video and a bitstream of the first video, wherein the media file comprises a first indication indicating whether a first set of coded video data units representing a target picture-in-picture region in the first video are replaceable by a second set of coded video data units associated with a second video, and wherein the first set of coded video data units and the second set of coded video data units comprise network abstraction layer (NAL) units. 19. (Currently Amended) A non-transitory computer-readable storage medium storing instructions that cause a processor to perform acts comprising: performing a conversion between a media file of a first video and a bitstream of the first video, wherein the media file comprises a first indication indicating a first set of coded video data units representing a target picture-in-picture region in the first video, the first set of coded video data units being replaceable by a second set of coded video data units associated with a second video, wherein the media file is based on an international organization for standardization base media file format (ISOBMFF), and wherein the first set of coded video data units and the second set of coded video data units comprise network abstraction layer (NAL) units. 20. (Currently Amended)A non-transitory computer-readable recording medium storing a media file of a first video which is generated by a method performed by a video processing apparatus, wherein the method comprises: performing a conversion between the media file and a bitstream of the first video, wherein the media file comprises a first indication indicating whether a first set of coded video data units representing a taret picture-in-picture region in the first video are replaceable by a second set of coded video data units associated with a second video,_ and wherein the first set of coded video data units and the second set of coded video data units comprise network abstraction layer (NAL) unlits. 20. (Currently Amended) A method for storing a media file of a first video, comprising: performing a conversion between the media file and a bitstream of the first video-; and storing the media file in a non-transitory computer-readable recording medium, wherein the media file comprises a first indication indicating a first set of coded video data units representing a target picture-in-picture region in the first video, the first set of coded video data units being replaceable by a second set of coded video data units associated with a second video, wherein the media file is based on an international organization for standardization base media file format (ISOBMFF), and wherein the first set of coded video data units and the second set of coded video data units comprise network abstraction layer (NAL) units. 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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 2015/0373348) in view of Zhu (US 2013/0113996) in view of “Information Technology-Dynamic adaptive streaming over HTTP (DASH)- Part 1: Media presentation description and segment formats, ISO 23009-1”2021(X), cited in the IDS, hereinafter “ISO 23009”. Regarding claim 1, Wang disclose a method for video processing, comprising: performing a conversion between a media file of a first video and a bitstream of the first video (encoding video data to generate an encoded video bitstream; see at least paragraphs 0055-0059). Wang discloses the first set of coded video data units, the first video and the second set of coded video data units associated with a second video; as above, but is not clear about wherein the media file comprises a first indication indicating whether a first set of coded video data units representing a target picture-in-picture region in the first video are replaceable by a second set of coded video data units associated with a second video and wherein the first set of coded video data units and the second set of coded video data units comprise network abstraction layer (NAL) units. Zhu discloses PIP information that include layer information that indicates the overlapping relationship among different layers, such as which component video is the master layer video and which component video is the slave layer video; see at least paragraphs 0018-0022, 0029 and 0040. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Wang by the teachings of Zhu by having the above limitations so to enable live and dynamic picture-in-picture functionality; see at least the Abstract. Want in view of Zhu are not clear about wherein the first set of coded video data units and the second set of coded video data units comprise network abstraction layer (NAL) units. ISO 23009 discloses wherein the first set of coded video data units and the second set of coded video data units comprise network abstraction layer (NAL) units (pages 100-101, section 5.3.11.6, In the case of VVC, when the client chooses to replace the coded video data units (which are VCL NAL units) representing the target picture-in-picture region in the main video with the corresponding VCL NAL units of the supplementary video before sending to the video decoder...; see also table 27). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Wang in view of Zhu by the teachings of ISO 23009by having the above limitations so to support dynamic adaptive streaming over HTTP (DASH); see at least page 1. Regarding claim 2, Wang in view of Zhu and further in view of ISO 23009 disclose the method of claim 1, wherein a spatial resolution of the second video being smaller than a spatial resolution of the first video (page 100, section 5.3.11.6, Picture-in-picture services offer the ability to include a video with a small spatial resolution within a video with a bigger spatial resolution). Regarding claim 3, Wang in view of Zhu and further in view of ISO 23009 disclose the method of claim 1, wherein the first indication comprises a one-bit flag (the PIP information of Zhu; layer num and the master layer; see at least Table 1 and paragraphs 0031-0032). Regarding claim 4, Wang in view of Zhu and further in view of ISO 23009 disclose the method of claim 3, wherein if the flag is a first value, the first set of coded video data units are replaceable by the second set of coded video data units, and if the flag is a second value, the first set of coded video data units are irreplaceable by the second set of coded video data units (the PIP information of Zhu; layer_num and the master_layer; see at least Table 1 and paragraphs 0031-0032). Regarding claim 5, Wang in view of Zhu and further in view of ISO 23009 disclose the method of claim 1, wherein the first indication comprises a first track reference indicating a track carrying a bitstream of the second video (the PIP information of Zhu; see at least Table 1 and paragraphs 0031-0032). Regarding claim 6, Wang in view of Zhu and further in view of ISO 23009 disclose the method of claim 5, wherein if the first track reference is of a first type, the first set of coded video data units are replaceable by the second set of coded video data units (the PIP information of Zhu; see at least Table 1 and paragraphs 0031-0032), and if the first track reference is of a second type, the first set of coded video data units are irreplaceable by the second set of coded video data units (the PIP information of Zhu; see at least Table 1 and paragraphs 0031-0032). Regarding claim 7, Wang in view of Zhu and further in view of ISO 23009 disclose the method of claim 6, wherein the first track reference of the first type is a “ppsr” track reference, and the first track reference of the second type is a “ppsn” track reference (the PIP information of Zhu; see at least Table 1 and paragraphs 0031-0032). Regarding claim 8, Wang in view of Zhu and further in view of ISO 23009 disclose the method of claim 5, wherein a media file of the second video comprises a second indication indicating whether the first set of coded video data units are replaceable by the second set of coded video data units (the indications of Zhu; see at least the rejection of claim 1). Regarding claim 9, Wang in view of Zhu and further in view of ISO 23009 disclose the method of claim 8, wherein the second indication comprises a second track reference indicating a track carrying the bitstream of the first video (the PIP information of Zhu; see at least Table 1 and paragraphs 0031-0032). Regarding claim 10, Wang in view of Zhu and further in view of ISO 23009 disclose the method of claim 9, wherein if the second track reference is of a third type, the first set of coded video data units are replaceable by the second set of coded video data units (the PIP information of Zhu; see at least Table 1 and paragraphs 0031-0032), and if the second track reference is of a fourth type, the first set of coded video data units are irreplaceable by the second set of coded video data units (the PIP information of Zhu; see at least Table 1 and paragraphs 0031-0032). Regarding claim 11, Wang in view of Zhu and further in view of ISO 23009 disclose the method of claim 10, wherein the second track reference of the third type is a “ppmr” track reference, and the second track reference of the fourth type is a “ppmn” track reference (the PIP information of Zhu; see at least Table 1 and paragraphs 0031-0032). Regarding claim 12, Wang in view of Zhu and further in view of ISO 23009 disclose the method of claim 1, wherein the first set of coded video data units comprise a video coding layer network abstraction layer (VCL NAL) unit, and the second set of coded video data units comprise a VCL NAL unit (Wang; see at least paragraphs 0058, 0069, 0077 and 0086). Regarding claim 13, Wang in view of Zhu and further in view of ISO 23009 disclose the method of claim 1, wherein the conversion comprises generating the media file and storing the bitstream to the media file (the generating and storing of Wang; see at least paragraphs 0055 and 0072-0073). Regarding claim 14, Wang in view of Zhu and further in view of ISO 23009 disclose the method of claim 1, wherein the conversion comprises parsing the media file to reconstruct the bitstream (the MPEG video coding of Wang; see at least paragraph 0055). Claim 15 is rejected on the same grounds as claim 1. Claim 16 is rejected on the same grounds as claim 2. Claim 17 is rejected on the same grounds as claim 3. Claim 18 is rejected on the same grounds as claim 5. Claim 19 is rejected on the same grounds as claim 1. Claim 20 is rejected on the same grounds as claim 1. Claims 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Zhu and further in view of ISO 23009 and further in view of Chen (US 2011/0064146). Regarding claim 21, Wang in view of Zhu and further in view of ISO 23009 disclose the method of claim 1, wherein if the first set of coded video data units are replaceable by the second set of coded video data units, the first set of coded video data units are allowed to be replaced by the second set of coded video data units, but are not clear about the replacement is before the second set of coded video being sent to a decoder for decoding. Chen discloses similar invention and discloses the above missing limitation; media extractor has to be replaced by the data to which it points before the stream is passed to the video decoder, wherein the media extractor is used to identify and extract samples of another track; see at least paragraphs 0028 and 0083. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Wang in view of Zhu and further in view of ISO 23009 by the teachings of Chen by having the above limitations so to utilize media extractors in a media extractor track that reference two or more non-consecutive NAL units of a separate track; see at least the Abstract. Regarding claim 22, Wang in view of Zhu and further in view of ISO 23009 and further in view of Chen disclose the method of claim 21, wherein for a picture in the first video, corresponding coded video data units of the second video are all coded video data units in a decoding-time-synchronized sample in a track for the second video (Chen; see at least paragraph 0083). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to YASSIN ALATA whose telephone number is (571)270-5683. The examiner can normally be reached Mon-Fri 7-4 ET. 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, Nasser Goodarzi can be reached at 571-272-4195. 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. /YASSIN ALATA/Primary Examiner, Art Unit 2426
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Prosecution Timeline

Show 2 earlier events
Aug 07, 2025
Response Filed
Nov 03, 2025
Final Rejection mailed — §103, §DOUBLEPATENT
Jan 05, 2026
Response after Non-Final Action
Feb 03, 2026
Request for Continued Examination
Feb 13, 2026
Response after Non-Final Action
Jun 30, 2026
Request for Continued Examination
Jul 03, 2026
Response after Non-Final Action
Aug 10, 2026
Non-Final Rejection mailed — §103, §DOUBLEPATENT (current)

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Prosecution Projections

3-4
Expected OA Rounds
67%
Grant Probability
81%
With Interview (+14.6%)
2y 11m (~4m remaining)
Median Time to Grant
High
PTA Risk
Based on 846 resolved cases by this examiner. Grant probability derived from career allowance rate.

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