Prosecution Insights
Last updated: October 02, 2026
Application No. 18/855,550

METHOD AND APPARATUS FOR ENCODING/DECODING IMAGE AND RECORDING MEDIUM FOR STORING BITSTREAM

Non-Final OA §102§103
Filed
Oct 09, 2024
Priority
Apr 11, 2022 — RE 10-2022-0044340 +2 more
Examiner
KIR, ALBERT
Art Unit
2485
Tech Center
2400 — Computer Networks
Assignee
Kia Corporation
OA Round
3 (Non-Final)
68%
Grant Probability
Favorable
3-4
OA Rounds
8m
Est. Remaining
85%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
360 granted / 529 resolved
+10.1% vs TC avg
Strong +17% interview lift
Without
With
+16.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
27 currently pending
Career history
557
Total Applications
across all art units

Statute-Specific Performance

§101
7.4%
-32.6% vs TC avg
§103
49.8%
+9.8% vs TC avg
§102
20.5%
-19.5% vs TC avg
§112
14.6%
-25.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 529 resolved cases

Office Action

§102 §103
DETAILED ACTION 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/22/2026 has been entered. This office action is a response to an application filed on 06/22/2026, in which claims 1, 4-11, and 13 are pending and ready for examination. Response to Amendment Claims 1,11, and 13 are currently amended. Claims 2-3 are cancelled. Response to Argument Applicant’s arguments with respect to claims rejected under 35 USC 102, 103 in Remarks filed on 06/22/2026 have been considered but are moot upon further consideration and a new ground of rejection made under 35 USC 103 based on Wang (US Pub. 20240187575 A1) in view of Li (US Pub. 20230217030 A1). Claim Rejections - 35 USC § 103 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 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. 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, 4-8, 11, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US Pub. 20240187575 A1) in view of Li (US Pub. 20230217030 A1). Regarding claim 1, Wang discloses an image decoding method comprising (Wang; Fig. 2-3, Para. [0365]. A video coding system/method is used to decode and encode video data.): generating a chroma mode list of a current chroma block (Wang; Para. [0365-366]. A chroma prediction mode is determined/derived based on a chroma mode list of CCLM/default mode, MMLM/derived mode, or chroma DM/direct mode, wherein a prediction block is generated based on the chroma intra prediction mode. A chroma mode list is generated for a current chroma block.); deriving a chroma intra prediction mode of the current chroma block based on the chroma mode list (Wang; Para. [0366, 371]. A chroma prediction mode is determined/derived based on a chroma mode list of CCLM/default mode, MMLM/derived mode, or chroma DM/direct mode, wherein a prediction block is generated based on the chroma intra prediction mode. A chroma intra prediction mode is determined in accordance with a chroma mode list for a current chroma block.); and generating a prediction block of the current chroma block based on the chroma intra prediction mode, wherein the chroma mode list comprises at least one of a default mode, a derivation based chroma mode or a direct mode (Wang; Para. [0366, 371]. A chroma prediction mode is determined/derived based on a chroma mode list of CCLM/default mode, MMLM/derived mode, or chroma DM/direct mode, wherein a prediction block is generated based on the chroma intra prediction mode. A prediction block of a current chroma block is generated in accordance with a chroma intra mode, wherein a chroma mode list includes at least a default mode, a derivation based chroma mode, or a direct mode.), but wherein the derivation based chroma mode is derived using a sample value of a reconstructed pixel selected by sampling from a collocated luma block at a collocated position of the current chroma block. However, Li teaches wherein the derivation based chroma mode is derived using a sample value of a reconstructed pixel selected by sampling from a collocated luma block at a collocated position of the current chroma block (Li; Para. [0107]. The derivation of the chroma prediction mode is performed by using collocated luma reconstructed samples.). Therefore, it would have been obvious to a person with ordinary skill in the pertinent before the effective filing date of the claimed invention to modify the video coding system of Wang to adapt an image processing approach, by incorporating Li’s teaching wherein a DM, derivation based chroma mode, and a default mode are used in order, for the motivation to determine an intra prediction mode for a current block based on a corresponding block (Li; Abstract.). Regarding claim 4, modified Wang further teaches the derivation based chroma mode is derived using a reconstructed neighboring reference pixel of the current chroma block (Wang; Para. [0255-256]. A derivation based chroma mode is determined using a reconstructed neighboring pixel of a current chroma block, also see Para. [0294].). Regarding claim 5, modified Wang further teaches the neighboring reference pixel is a pixel directly adjacent to the current chroma block (Wang; Para. [0255-256]. A neighboring reference pixel is a pixel neighboring/adjacent to a current chroma block, also see Para. [0294].). Regarding claim 6, modified Wang further teaches the neighboring reference pixel comprises at least one of a neighboring reference pixel adjacent to the current chroma block or a neighboring reference block adjacent to the collocated block of the current chroma block (Wang; Para. [0255-256]. A neighboring reference pixel includes at least one of a neighboring reference pixel adjacent to a current chroma block.). Regarding claim 7, modified Wang further the chroma mode list is configured in the order of the direct mode, the derivation based chroma mode and the default mode Li; Table 3, Para. [0155]. A chroma mode list is configured in the order of direct mode, a derivation based chroma mode, and a default mode.). Therefore, it would have been obvious to a person with ordinary skill in the pertinent before the effective filing date of the claimed invention to modify the video coding system of Wang to adapt an image processing approach, by incorporating Li’s teaching wherein a DM, derivation based chroma mode, and a default mode are used in order, for the motivation to determine an intra prediction mode for a current block based on a corresponding block (Li; Abstract.). Regarding claim 8, modified Wang further teaches the chroma mode list is configured in an order determined based on a histogram of gradient for deriving the derivation based chroma mode (Li; Table 3, Para. [0155]. A chroma mode list is configured in an order involving a gradient based chroma mode based on a histogram of gradient.). Claim 11 is directed to an image encoding method comprising a sequence of processing steps corresponding to the same as claimed in claims 1, and is rejected for the same reason of anticipation as outlined above. Regarding claim 13, Wang discloses a method of transmitting a bitstream generated by an image encoding method, the method comprising: transmitting the bitstream, wherein the image encoding method comprises (Wang; Para. [0047]. A video transmitting system/method is used to transmit a bitstream generated by an image encoding method, the method includes transmitting a bitstream.): generating a chroma mode list of a current chroma block (Wang; Para. [0365-366]. A chroma mode list is generated for a current chroma block.); deriving a chroma intra prediction mode of the current chroma block based on the chroma mode list (Wang; Para. [0366, 371]. A chroma prediction mode is determined/derived based on a chroma mode list of CCLM/default mode, MMLM/derived mode, or chroma DM/direct mode, wherein a prediction block is generated based on the chroma intra prediction mode. A chroma intra prediction mode is determined in accordance with a chroma mode list for a current chroma block.); and generating a prediction block of the current chroma block based on the chroma intra prediction mode, wherein the chroma mode list comprises at least one of a default mode, a derivation based chroma mode or a direct mode (Wang; Para. [0366, 371]. A chroma prediction mode is determined/derived based on a chroma mode list of CCLM/default mode, MMLM/derived mode, or chroma DM/direct mode, wherein a prediction block is generated based on the chroma intra prediction mode. A prediction block of a current chroma block is generated in accordance with a chroma intra mode, wherein a chroma mode list includes at least a default mode, a derivation based chroma mode, or a direct mode.), but wherein the derivation based chroma mode is derived using a sample value of a reconstructed pixel selected by sampling from a collocated luma block at a collocated position of the current chroma block. However, Li teaches wherein the derivation based chroma mode is derived using a sample value of a reconstructed pixel selected by sampling from a collocated luma block at a collocated position of the current chroma block (Li; Para. [0107]. The derivation of the chroma prediction mode is performed by using collocated luma reconstructed samples.). Therefore, it would have been obvious to a person with ordinary skill in the pertinent before the effective filing date of the claimed invention to modify the video coding system of Wang to adapt an image processing approach, by incorporating Li’s teaching wherein a DM, derivation based chroma mode, and a default mode are used in order, for the motivation to determine an intra prediction mode for a current block based on a corresponding block (Li; Abstract.). Allowable Subject Matter Claims 9-10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Chang (US Pub. 20240015280 A1) teaches a video coding system that performs template selection for intra prediction in video coding. Li (US Pub. 20250227292 A1) teaches a video coding system that performs chroma intra prediction modes. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALBERT KIR whose telephone number is (571)272-6245. The examiner can normally be reached Monday - Friday, 8:30am - 5:00pm. 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. /ALBERT KIR/ Primary Examiner, Art Unit 2485
Read full office action

Prosecution Timeline

Oct 09, 2024
Application Filed
Sep 24, 2025
Non-Final Rejection mailed — §102, §103
Dec 29, 2025
Response Filed
Mar 20, 2026
Final Rejection mailed — §102, §103
May 20, 2026
Response after Non-Final Action
Jun 22, 2026
Request for Continued Examination
Jun 28, 2026
Response after Non-Final Action
Jul 27, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12750917
METHOD AND DEVICE FOR SIGNALING OF DRX CONFIGURATION
2y 8m to grant Granted Sep 29, 2026
Patent 12750474
SIGNALING WHETHER TO USE A FIRST MERGE LIST OR A SECOND MERGE LIST IN VIDEO CODING
2y 0m to grant Granted Sep 29, 2026
Patent 12739431
THREE-DIMENSIONAL DATA ENCODING METHOD, THREE-DIMENSIONAL DATA DECODING METHOD, THREE-DIMENSIONAL DATA ENCODING DEVICE, AND THREE-DIMENSIONAL DATA DECODING DEVICE
3y 8m to grant Granted Sep 15, 2026
Patent 12739394
DMVR-BASED INTER PREDICTION METHOD AND APPARATUS
1y 9m to grant Granted Sep 15, 2026
Patent 12739389
IMAGE/VIDEO CODING METHOD AND DEVICE
1y 9m to grant Granted Sep 15, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
68%
Grant Probability
85%
With Interview (+16.7%)
2y 8m (~8m remaining)
Median Time to Grant
High
PTA Risk
Based on 529 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month