Prosecution Insights
Last updated: July 17, 2026
Application No. 18/859,411

VIDEO ENCODING APPLYING A REFRESH SCHEME

Final Rejection §102§103
Filed
Oct 23, 2024
Priority
Apr 26, 2022 — EU 22170155.0 +1 more
Examiner
MESSMORE, JONATHAN R
Art Unit
2482
Tech Center
2400 — Computer Networks
Assignee
Intopix SA
OA Round
2 (Final)
77%
Grant Probability
Favorable
3-4
OA Rounds
1y 0m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
389 granted / 507 resolved
+18.7% vs TC avg
Moderate +10% lift
Without
With
+9.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
29 currently pending
Career history
542
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
80.7%
+40.7% vs TC avg
§102
10.6%
-29.4% vs TC avg
§112
2.4%
-37.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 507 resolved cases

Office Action

§102 §103
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 . Response to Arguments Applicant's arguments filed 1 May 2026 have been fully considered but they are not persuasive. Applicant argues the primary reference, Chen, does not disclose forcing intra mode on a portion of a frame whose earlier evaluation determined inter mode expects to produce the smallest amount of data when encoding. Examiner respectfully disagrees and respectfully directs Applicant’s attention to Chen: Col. 7, l. 60 through Col. 8, l. 25: (24) In one embodiment of the invention, the attention area extraction process comprises first extracting a set of feature maps in grey level from visual input of a given image. The features include intensity, colour, orientation, etc. Then in each feature map, the most salient areas are picked out. Finally all feature maps are integrated, in a purely bottom-up manner, into a master "saliency map", which is regarded as the attention information of an image. Based on the attention saliency map, a MB/block based attention area mask can be generated to indicate which MBs/blocks in the picture are in the attention area. However, recognition of objects, e.g. faces, is never required. (25) In one embodiment of the invention, a value that indicates a transmission channel quality may influence the complexity index calculation of single pictures, such that for low channel quality those pictures that have Intra refresh encoded MBs within the attention area are given an additional extra amount of bits. This approach further prefers the pictures that use Intra refresh encoded attention areas, and thus leads to a higher chance of their correct transmission at very low channel quality. (26) In an exemplary embodiment, the Intra refresh controller can work in the following way: on picture level, select some pictures to perform Intra refresh (e.g. every 5 frames), then on block level in the selected pictures, if the blocks are in the attention area set them as Intra mode for coding, otherwise use the traditional mode decision methods (the most popular method is RDO, an improved method is end-to-end RDO) to decide Intra or Inter. In the non-selected pictures, the Intra refresh controller also performs the conventional mode decision methods. Hence, an Intra refresh map is generated by the Intra refresh controller. Examiner submits Chen “if the blocks are in the attention area set them as Intra mode for coding, otherwise, use the traditional mode decision methods” discloses the claimed limitations. Applicant’s arguments, see Response to Office Action mailed 4 November 2025, filed 1 May 2026, with respect to Claim Rejections under 35 USC §112 have been fully considered and are persuasive. The Claim Rejections under 35 USC §112 of claims 2 and 3 has been withdrawn. Claim Rejections - 35 USC § 102 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1, 3, 9, and 12-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al. (US 8559501 B1). Regarding claims 1 and 12-15, Chen discloses a method perform on an apparatus via CRM of encoding/decoding a sequence of frames so as to obtain an encoded sequence of frames, the method comprising: - making an evaluation on a frame-by-frame basis for a zone in a series of successive frames whether the zone should be encoded in an intra-mode or in an inter- mode, depending on which of the aforementioned modes is expected to produce the smallest amount of data when encoding the zone in the frame concerned [Chen: Col. 3, ll. 40-51: wherein the step of pre-analyzing comprises the sub-steps of determining whether or not Intra refresh is used for a picture, wherein Intra refresh means forced intra coding of specified picture portions, extracting attention area information on block or MB level for each of the pictures that use Intra refresh, generating based on said extracted attention area information at least for each selected picture an Intra refresh map that indicates for each block or MB whether it will be Inter or Intra coded]; - applying a refresh scheme that frequently causes the zone to be forcibly encoded in the intra-mode for one out of several successive frames, irrespective of the evaluation made [Chen: Col. 7, l. 60 through Col. 8, l. 25: (24) In one embodiment of the invention, the attention area extraction process comprises first extracting a set of feature maps in grey level from visual input of a given image. The features include intensity, colour, orientation, etc. Then in each feature map, the most salient areas are picked out. Finally all feature maps are integrated, in a purely bottom-up manner, into a master "saliency map", which is regarded as the attention information of an image. Based on the attention saliency map, a MB/block based attention area mask can be generated to indicate which MBs/blocks in the picture are in the attention area. However, recognition of objects, e.g. faces, is never required. (25) In one embodiment of the invention, a value that indicates a transmission channel quality may influence the complexity index calculation of single pictures, such that for low channel quality those pictures that have Intra refresh encoded MBs within the attention area are given an additional extra amount of bits. This approach further prefers the pictures that use Intra refresh encoded attention areas, and thus leads to a higher chance of their correct transmission at very low channel quality. (26) In an exemplary embodiment, the Intra refresh controller can work in the following way: on picture level, select some pictures to perform Intra refresh (e.g. every 5 frames), then on block level in the selected pictures, if the blocks are in the attention area set them as Intra mode for coding, otherwise use the traditional mode decision methods (the most popular method is RDO, an improved method is end-to-end RDO) to decide Intra or Inter. In the non-selected pictures, the Intra refresh controller also performs the conventional mode decision methods. Hence, an Intra refresh map is generated by the Intra refresh controller]; and - quantizing the zone in the series of successive frames so that if, for a frame, the zone is forcibly encoded in the intra-mode although the evaluation was made that the zone in the frame should be encoded in the inter-mode, the zone is quantized with a refresh-related higher resolution than for other frames where the zone is encoded in accordance with the evaluation that was made [Chen: Col. 7, ll. 10-13: The quantization step used by the frequency domain analyzer 46 can be constant for all MBs/blocks and pictures, or adjusted by the Intra or Inter-mode. E.g. the quantization step for Intra node can be a little smaller than that for Inter mode, so that a somewhat higher quality that is achieved for Intra coding can benefit the later prediction]. Regarding Claim 3, Chen discloses all the limitations of Claim 1, and is analyzed as previously discussed with respect to that claim. Furthermore, Chen discloses wherein quantizing the zone comprises:- fixedly quantizing the zone with the refresh-related higher resolution if the zone is forcibly encoded in the intra-mode although the evaluation was made that the zone should be encoded in the inter-mode than if the zone were encoded in accordance with the evaluation that was made [Chen: Col. 7, ll. 10-13]; and - controllably quantizing the zone with a resolution depending on a control scheme ensuring that encoding the frame, or a portion thereof, produces an amount of data that is within a budget [Chen: Col. 5, ll. 63-65: A flowchart of the method for adaptively determining a bit budget for encoding video pictures according to the invention is shown in FIG. 3 and FIG. 4]. Regarding Claim 9, Chen discloses all the limitations of Claim 1, and is analyzed as previously discussed with respect to that claim. Furthermore, Chen discloses he method comprising: - providing, for a frame that is encoded, an indication on whether, or not, the zone in the frame was forcibly encoded in the intra-mode although the evaluation was made that the zone should be encoded in the inter-mode [Chen: Col. 3, ll. 40-51; wherein performing the process may be an indication]. Claim Rejections - 35 USC § 103 Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen as applied to claim 1 above, and further in view of Gao et al. (US 2021/0409685 A1). Regarding Claim 2, Chen disclose(s) all the limitations of Claim 1, and is/are analyzed as previously discussed with respect to that claim. Chen may not explicitly disclose wherein the zone is quantized with the refresh-related higher resolution if the zone is encoded in the inter-mode according to the evaluation that was made than if the zone is encoded in the intra-mode according to the evaluation that was made. However, Gao discloses wherein the zone is quantized with the refresh-related higher resolution if the zone is encoded in the inter-mode according to the evaluation that was made than if the zone is encoded in the intra-mode according to the evaluation that was made [Gao: ¶ [0062]: The determining, according to a relationship between a first quantity of intra-frame decoded blocks and a second quantity of inter-frame decoded blocks, a target resolution used for decoding the target video frame may include, but is not limited to: obtaining a ratio of the first quantity of intra-frame decoded blocks to the second quantity of inter-frame decoded blocks; and determining the target resolution according to a result of comparison between the ratio and a preset threshold. For example, a first resolution is used as the target resolution when the ratio is greater than the preset threshold; and a second resolution is used as the target resolution when the ratio is less than the preset threshold, the second resolution being greater than the first resolution. That is, when a quantity of inter-frame decoded blocks is larger, a ratio is smaller, and a higher resolution is used. Alternatively, in this embodiment, the determining, according to a relationship between a first quantity of intra-frame decoded blocks and a second quantity of inter-frame decoded blocks, a target resolution used for decoding the target video frame may include, but is not limited to: obtaining the first quantity of intra-frame decoded blocks and the second quantity of inter-frame decoded blocks in the reference frame; using a first resolution as the target resolution when the first quantity is greater than the second quantity and a difference between the first quantity and the second quantity is greater than a preset threshold; and using a second resolution as the target resolution when the difference between the first quantity and the second quantity is less than the preset threshold, the second resolution being greater than the first resolution. That is, when the first quantity is greater than the second quantity, and as a quantity of inter-frame decoded blocks increases, a difference between the first quantity and the second quantity decreases, and a higher resolution is used]. It would have been obvious to one having ordinary skill in the art before the effective filing date to combine the target resolution process of Gao with the process of Chen in order to provide improved image quality. Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen as applied to claim 1 above, and further in view of Keith et al. (US 6757437 B1). Regarding Claim 7, Chen disclose(s) all the limitations of Claim 1, and is/are analyzed as previously discussed with respect to that claim. Chen may not explicitly disclose ,wherein fixedly quantizing the zone comprises truncating samples belonging to the zone. However, Keith discloses ,wherein fixedly quantizing the zone comprises truncating samples belonging to the zone [Keith: Col. 6, ll. 19-24: In one embodiment, an entropy coder may include a binary coder or a Huffman coder. fixed-length: A system that converts a specific block of data to a specific block of compressed data, e.g., BTC (block truncation coding) and some forms of VQ (vector quantization]. It would have been obvious to one having ordinary skill in the art before the effective filing date to combine the specified processing of Keith with the processing of Chen in order to provide custom imaging, improving user experience. Allowable Subject Matter Claims 4-6, 8, and 10-11 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 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 JONATHAN R MESSMORE whose telephone number is (571)272-2773. The examiner can normally be reached Monday-Friday 9-5 EST/EDT. 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, Chris Kelley can be reached at 571-272-7331. 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. /JONATHAN R MESSMORE/Primary Examiner, Art Unit 2482
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Prosecution Timeline

Oct 23, 2024
Application Filed
Nov 04, 2025
Non-Final Rejection mailed — §102, §103
Apr 06, 2026
Response after Non-Final Action
Apr 06, 2026
Response Filed
May 01, 2026
Response Filed
Jun 11, 2026
Final Rejection mailed — §102, §103 (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
77%
Grant Probability
86%
With Interview (+9.7%)
2y 9m (~1y 0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 507 resolved cases by this examiner. Grant probability derived from career allowance rate.

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