Prosecution Insights
Last updated: August 17, 2026
Application No. 18/876,357

IMAGE ENCODING/DECODING METHOD FOR PERFORMING REFERENCE PICTURE MARKING PROCESS AT SUB-PICTURE LEVEL, METHOD FOR TRANSMITTING BITSTREAM, AND RECORDING MEDIUM STORING BITSTREAM

Final Rejection §102
Filed
Dec 18, 2024
Priority
Jun 30, 2022 — provisional 63/357,612 +1 more
Examiner
DHILLON, PUNEET S
Art Unit
2488
Tech Center
2400 — Computer Networks
Assignee
LG Electronics Inc.
OA Round
2 (Final)
81%
Grant Probability
Favorable
3-4
OA Rounds
7m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
244 granted / 300 resolved
+23.3% vs TC avg
Strong +20% interview lift
Without
With
+20.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
39 currently pending
Career history
341
Total Applications
across all art units

Statute-Specific Performance

§101
5.6%
-34.4% vs TC avg
§103
50.5%
+10.5% vs TC avg
§102
16.2%
-23.8% vs TC avg
§112
24.7%
-15.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 300 resolved cases

Office Action

§102
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 . Applicant(s) Response to Official Action The response filed on 04/15/2026 has been entered and made of record. Response to Arguments/Amendments Presented arguments have been fully considered but some are held unpersuasive. Examiner’s response to the presented arguments follows below. Claim Rejections - 35 USC § 102 Summary of Arguments: Regarding claims 1 & 11-12, the Applicant argues Hannuksela et al., (WO 2020/141260 A1) do not disclose: “wherein the reference marking process is performed once per subpicture after decoding of a slice header of a first slice in the current subpicture and decoding process for reference picture list construction for the first slice, and prior to decoding slice data of the first slice in the current subpicture.” The applicant suggests that the prior Office Action cites paragraphs [0278], [0290], [0343]-[0344], [0491]-[0493] of Hannuksela do not disclose this limitation and the encoding version of this limitation for claims 11-12 [Remarks: Pages 7-9] Examiner’s Response: Regarding claims 1 & 11-12, the Examiner contends: The paragraphs relied upon by the applicant ([0278], [0290], [0343]-[0344], [0491]-[0493]) are not used to disclose the limitation. Please see the updated rejection that include the new paragraphs and mappings below. Claim Objections Claim 12 is objected to because of the following informalities: Claim 12 recites the limitation: “deriving a reference subpicture current subpicture based on the reference picture information” and should recite “deriving a reference subpicture for a current subpicture based on the reference picture information”. Appropriate correction is required. 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 1-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hannuksela et al., hereinafter referred to as Hannuksela (WO 2020/141260 A1). As per claim 1, Hannuksela discloses an image decoding method performed by an image decoding apparatus (Hannuksela: Abstract), the image decoding method comprising: receiving reference picture information for a current subpicture for inter prediction (Hannuksela: Para. [0013] discloses “A decoder may decode from or along the bitstream ... information [claimed receiving information] indicative of or infers: a set of decoded sub-pictures to be manipulated [claimed on a reference picture information for a current subpicture]” and Para. [0042] discloses “Inter-view prediction may be performed by enabling prediction from a first sub-picture … to a second sub-picture [claimed for inter prediction]”); deriving a reference subpicture for the current subpicture based on the information on the reference picture information (Hannuksela: Para. [0014] discloses “generate the set of manipulated reference sub-pictures from the set of decoded sub-pictures [claimed deriving a reference subpicture for the current subpicture] using the identified reference sub-picture manipulation process [claimed based on the information on the reference picture information]”); decoding a slice header (Hannuksela: Paras. [0152], [0498] disclose decoding a slice header.); performing a reference marking process on the reference subpicture (Hannuksela: Para. [0278] discloses sub-picture-sequence-wise buffering includes marking of reconstructed sub-pictures as “used for reference” and “unused for reference”; Para. [0009] discloses the marking status of a manipulated reference sub-picture stored in the buffer can be controlled and Para. [0491] discloses pairing a manipulated reference sub-picture with the corresponding “source” reference sub-picture in its marking as “used for reference” or “unused for reference”.), wherein the reference marking process includes marking the reference subpicture as “unused for reference”, “used for short-term reference” or “used for long-term reference” (Hannuksela: Paras. [0009], [0496] disclose the reference sub-picture may include properties such as marking as 'used for short-term reference' or 'used for long-term reference' and its marking status (e.g. marking as “used for reference” and “unused for reference”) can be controlled.); and decoding slice data (Hannuksela: Paras. [0139], [0141]-[0142] disclose VCL NAL units include payloads that include slices are decoded [claimed decoding slice data].), wherein the reference marking process is performed once per subpicture after decoding of a slice header of a first slice in the current subpicture and decoding process for reference picture list construction for the first slice, and prior to decoding slice data of the first slice in the current subpicture (Hannuksela: Para. [0501] discloses “the marking of external reference sub-pictures (as used or unused for reference) is controlled synchronously with the sub-picture(s) used as input”; Hannuksela: Para. [0498] discloses “fetching of the external reference sub-picture may be carried out only for the first image segment header [claimed slice header] of a sub-picture [claimed wherein the reference marking process is performed once per subpicture after decoding of a slice header of a first slice in the current subpicture]” and “at the start of decoding the spatiotemporal unit wherein the header is applied”; Further, Para. [0142] discloses “Coded image segments may comprise a header and a payload [claimed slice data], wherein the header contains parameter values needed for decoding the payload [claimed and prior to decoding slice data of the first slice in the current subpicture]”, and Hannuksela: Para. [0132] discloses “An initial reference picture list is generated. The initial reference picture list may be generated using an algorithm pre-defined in a standard [claimed and decoding process for reference picture list construction for the first slice].”). As per claim 2, Hannuksela discloses the image decoding method of claim 1, wherein the reference marking process for the first slice in the current subpicture is applied to only a collocated reference subpicture included in a reference picture (Hannuksela: Paras. [0275], [0343] disclose that the reference marking process is applied to the sub-picture sequence (which consists of collocated sub-pictures of the same spatial portion of a picture area) and is independent of other sequences [applied only to the collocated reference subpicture].). As per claim 3, Hannuksela discloses the image decoding method of claim 2, wherein the reference subpicture is identified based on at least one of a layer identifier or a picture order count value, based on the reference subpicture being marked as a short-term reference picture (Hannuksela: Paras. [0122], [0128]-[0131], [0496] disclose a picture order count (POC) value may be used in the decoding process for reference picture list initialization, wherein the list can be generated using algorithms based on the POC and/or temporal sub-layer (which relates to the layer identifier) and that decoding syntax structures can cause pictures to be adaptively marked as “used for reference” or “unused for reference”. Further, some coding formats distinguish between short-term and long-term reference pictures, and the syntax structures indicate this marking.). As per claim 4, Hannuksela discloses the image decoding method of claim 2, wherein the reference subpicture is identified based on at least one of a layer identifier or a picture order count value, based on the reference subpicture being marked as a long-term reference picture (Hannuksela: Paras. [0496]-[0497] disclose that the external reference sub-picture includes Marking as “used for long-term reference” and that it may be pre-defined that the external reference sub-picture is treated as a long-term reference picture.). As per claim 5, Hannuksela discloses the image decoding method of claim 2, wherein the reference subpicture having a same layer identifier as a current picture is marked as unused for reference based on the current picture including the current subpicture being of a specific picture type (Hannuksela: Para. [0009] discloses that sub-picture marking status (e.g. marking as “used for reference” and “unused for reference”) can be controlled. Further, Para. [0312] discloses that for a “random-access sub-picture” [specific picture type] prediction “does not depend on any reference sub-picture (of the same sub-picture sequence) preceding the random-access sub-picture” and Para. [0343] discloses that “reference picture marking for a sub-picture sequence is independent of other sub-picture sequences,” which establishes the context of managing references having the same layer identifier (same sub-picture sequence).). As per claim 6, Hannuksela discloses the image decoding method of claim 5, wherein the specific picture type is a coded layer video sequence start (CLVSS) picture type (Hannuksela: Paras. [0156], [0506] disclose a specific picture type (SOS/RAP) that indicates the start of a sequence and allows for correct decoding without preceding pictures, which corresponds to the claimed “coded layer video sequence start (CLVSS) picture type”.). As per claim 7, Hannuksela discloses the image decoding method of claim 1, wherein the reference marking process is performed before decoding slice data for a first slice in the current subpicture (Hannuksela: Para. [0142] discloses coded image segments [slices] may comprise a header and a payload [slice data], wherein the header contains parameter values needed for decoding the payload, therefore the header is processed before decoding the slice data for a first slice. Further, Para. [0290] discloses the decoder reading the header (e.g., checking the tile address) to conclude a new access unit [reference marking process] has started for the current sub-picture when the syntax element value(s) related to picture order count differ from that of the previous sub-picture. Furthermore, Para. [0344] discloses syntax structures affecting reference picture marking are included in and/or referenced by sub-picture-specific data units, such as VCL NAL units for sub-pictures.). As per claim 8, Hannuksela discloses the image decoding method of claim 1, wherein the reference marking process is performed after decoding a slice header of a first slice in the current subpicture (Hannuksela: Paras. [0290], [0296], [0343]-[0344] disclose syntax structures affecting reference picture marking are included in and/or referenced by sub-picture-specific data units (tile/slice headers) and determining the first image segment [first slice] or tile group of a sub-picture.). As per claim 9, Hannuksela discloses the image decoding method of claim 1, wherein the reference marking process for a first slice in the current subpicture is applied to only a collocated reference subpicture (Hannuksela: Paras. [0275], [0343] disclose that the reference marking process is applied to the sub-picture sequence (which consists of collocated sub-pictures of the same spatial portion of a picture area) and is independent of other sequences [applied only to the collocated reference subpicture].). As per claim 10, Hannuksela discloses the image decoding method of claim 1, wherein the reference subpicture comprises a collocated subpicture included in a reference picture (Hannuksela: Para. [0420] discloses a reference sub-picture to be used as input to the reference sub-picture manipulation process is generated by extracting an area from a reference picture, wherein the area is the area that collocates with the current sub-picture.). As per claim 11, Hannuksela discloses an image encoding method performed by an image encoding apparatus (Hannuksela: Abstract), the image encoding method comprising: deriving reference picture information for a current subpicture for inter prediction (Hannuksela: Para. [0012] discloses “The encoder may generate the set of manipulated reference sub-pictures from the set of decoded sub-pictures [claimed deriving reference picture information based on information for a current subpicture] … and include at least one of the manipulated reference sub-pictures in a reference picture list for prediction [claimed for inter prediction]”.); deriving a reference subpicture for the current subpicture based on the reference picture information (Hannuksela: Para. [0012] discloses “The encoder may generate the set of manipulated reference sub-pictures from the set of decoded sub-pictures [claimed deriving a reference subpicture for the current subpicture] using the identified reference sub-picture manipulation process [claimed based on the reference picture information]”.); encoding a slice header (Hannuksela: Para. [0142] discloses “Image segments may be coded [claimed encoding] as separate units in the bitstream … Coded image segments may comprise a header [claimed a slice header]”.); performing a reference marking process on the reference subpicture (Hannuksela: Para. [0278] discloses sub-picture-sequence-wise buffering includes marking of reconstructed sub-pictures as “used for reference” and “unused for reference”; Para. [0009] discloses the marking status of a manipulated reference sub-picture stored in the buffer can be controlled and Para. [0491] discloses pairing a manipulated reference sub-picture with the corresponding “source” reference sub-picture in its marking as “used for reference” or “unused for reference”.), wherein the reference marking process includes marking the reference subpicture as “unused for reference”, “used for short-term reference” or “used for long-term reference” (Hannuksela: Para. [0491] discloses “its marking as “used for reference” or “unused for reference” [claimed wherein the reference marking process includes marking the reference subpicture as “unused for reference”]” and Hannuksela: Para. [0130] discloses “Syntax structure(s) for marking reference pictures may be indicative of marking a picture as “used for long-term reference” or “used for short-term reference” [claimed “used for short-term reference” or “used for long-term reference”]”), and encoding slice data (Hannuksela: Para. [0142] discloses “Coded image segments may comprise a header and a payload [claimed and encoding slice data]”), wherein the reference marking process is performed once per subpicture after encoding of a slice header of a first slice in the current subpicture and a process for reference picture list construction for the first slice, and prior to encoding slice data of the first slice in the current subpicture (Hannuksela: Para. [0501] discloses “the marking of external reference sub-pictures (as used or unused for reference) is controlled synchronously with the sub-picture(s) used as input”; Hannuksela: Para. [0498] discloses “an encoder encodes … a control signal … fetching of the external reference sub-picture may be carried out only for the first image segment header [claimed slice header] of a sub-picture [claimed wherein the reference marking process is performed once per subpicture after encoding of a slice header of a first slice in the current subpicture]”; Further, Hannuksela: Para. [0132] discloses “An initial reference picture list is generated. The initial reference picture list may be generated using an algorithm pre-defined in a standard [claimed and encoding process for reference picture list construction for the first slice]” and Hannuksela: Para. [0142] discloses “Coded image segments may comprise a header and a payload [claimed and prior to encoding slice data of the first slice in the current subpicture]”.). As per claim 12, Hannuksela discloses a method of transmitting a bitstream (Hannuksela: Abstract), the method comprising: transmitting the bitstream generated by an image encoding method (Hannuksela: Paras. [0003], [0373], [0438] disclose an encoder that transforms an input video into a compressed representation suited for storage/transmission. Coded sub-picture sequences are encapsulated and made available for streaming [transmitting].), wherein the image encoding method comprising: deriving reference picture information for a current subpicture for inter prediction (Hannuksela: Para. [0012] discloses “The encoder may generate the set of manipulated reference sub-pictures from the set of decoded sub-pictures [claimed deriving reference picture information based on information for a current subpicture] … and include at least one of the manipulated reference sub-pictures in a reference picture list for prediction [claimed for inter prediction]”.); deriving a reference subpicture for a current subpicture based on the reference picture information (Hannuksela: Para. [0012] discloses “The encoder may generate the set of manipulated reference sub-pictures from the set of decoded sub-pictures [claimed deriving a reference subpicture for the current subpicture] using the identified reference sub-picture manipulation process [claimed based on the reference picture information]”.); encoding a slice header (Hannuksela: Para. [0142] discloses “Image segments may be coded [claimed encoding] as separate units in the bitstream … Coded image segments may comprise a header [claimed a slice header]”.); performing a reference marking process on the reference subpicture (Hannuksela: Para. [0278] discloses sub-picture-sequence-wise buffering includes marking of reconstructed sub-pictures as “used for reference” and “unused for reference”; Para. [0009] discloses the marking status of a manipulated reference sub-picture stored in the buffer can be controlled and Para. [0491] discloses pairing a manipulated reference sub-picture with the corresponding “source” reference sub-picture in its marking as “used for reference” or “unused for reference”.), wherein the reference marking process includes marking the reference subpicture as “unused for reference”, “used for short-term reference” or “used for long-term reference” (Hannuksela: Para. [0491] discloses “its marking as “used for reference” or “unused for reference” [claimed wherein the reference marking process includes marking the reference subpicture as “unused for reference”]” and Hannuksela: Para. [0130] discloses “Syntax structure(s) for marking reference pictures may be indicative of marking a picture as “used for long-term reference” or “used for short-term reference” [claimed “used for short-term reference” or “used for long-term reference”]”), and encoding slice data (Hannuksela: Para. [0142] discloses “Coded image segments may comprise a header and a payload [claimed and encoding slice data]”), wherein the reference marking process is performed once per subpicture after encoding of a slice header of a first slice in the current subpicture and a process for reference picture list construction for the first slice, and prior to encoding slice data of the first slice in the current subpicture (Hannuksela: Para. [0501] discloses “the marking of external reference sub-pictures (as used or unused for reference) is controlled synchronously with the sub-picture(s) used as input”; Hannuksela: Para. [0498] discloses “an encoder encodes … a control signal … fetching of the external reference sub-picture may be carried out only for the first image segment header [claimed slice header] of a sub-picture [claimed wherein the reference marking process is performed once per subpicture after encoding of a slice header of a first slice in the current subpicture]”; Further, Hannuksela: Para. [0132] discloses “An initial reference picture list is generated. The initial reference picture list may be generated using an algorithm pre-defined in a standard [claimed and encoding process for reference picture list construction for the first slice]” and Hannuksela: Para. [0142] discloses “Coded image segments may comprise a header and a payload [claimed and prior to encoding slice data of the first slice in the current subpicture]”.). As per claim 13, Hannuksela discloses a non-transitory computer-readable recording medium storing a bitstream generated by the image encoding method of claim 11 (Hannuksela: Paras. [0054] and claim 15 disclose a non-transitory computer readable medium storing a bitstream generated by the image encoding method of claim 11.). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and can be viewed in the list of references. 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 PEET DHILLON whose telephone number is (571)270-5647. The examiner can normally be reached M-F: 5am-1:30pm. 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, Sath V. Perungavoor can be reached at 571-272-7455. 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. /PEET DHILLON/Primary Examiner Art Unit: 2488 Date: 06-02-2026
Read full office action

Prosecution Timeline

Dec 18, 2024
Application Filed
Jan 15, 2026
Non-Final Rejection mailed — §102
Apr 15, 2026
Response Filed
Jun 05, 2026
Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12702124
APPARATUS AND METHOD FOR DETECTING INSECTS
1y 9m to grant Granted Aug 11, 2026
Patent 12705745
SYSTEMS AND METHODS FOR DETECTION OF CELLULAR ENTITIES
1y 3m to grant Granted Aug 11, 2026
Patent 12694685
Active Learning for Object Classification in Visual Perception Tasks in a Vehicle
1y 7m to grant Granted Jul 28, 2026
Patent 12671847
CROSS-COMPONENT SAMPLE ADAPTIVE OFFSET
2y 1m to grant Granted Jun 30, 2026
Patent 12647577
INTRA PREDICTION MODES SIGNALING
2y 3m to grant Granted Jun 02, 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
81%
Grant Probability
99%
With Interview (+20.3%)
2y 3m (~7m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 300 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