Prosecution Insights
Last updated: July 17, 2026
Application No. 18/902,795

METHOD, APPARATUS, AND MEDIUM FOR VIDEO PROCESSING

Non-Final OA §102§103
Filed
Sep 30, 2024
Priority
Mar 29, 2022 — CN PCT/CN2022/083709 +1 more
Examiner
HOLDER, ANNER N
Art Unit
2483
Tech Center
2400 — Computer Networks
Assignee
Bytedance Inc.
OA Round
2 (Non-Final)
79%
Grant Probability
Favorable
2-3
OA Rounds
1y 4m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
592 granted / 752 resolved
+20.7% vs TC avg
Moderate +14% lift
Without
With
+13.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
16 currently pending
Career history
775
Total Applications
across all art units

Statute-Specific Performance

§101
2.8%
-37.2% vs TC avg
§103
75.1%
+35.1% vs TC avg
§102
11.9%
-28.1% vs TC avg
§112
0.5%
-39.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 752 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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer. Claims 1-2 and 17-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2 and 17-20 of copending Application No. 18732427 in view of Kim et al. US 2025/0392743. Although the claims at issue are not identical, they are not patentably distinct from each other because the conflicting claims are not identical in terms of wording and terminology, the scopes of the claims are the same, and they are not patentably distinct from each other as they are obvious variations of one another. Copending Application No. 18732427 does not recite wherein an interpolation filter with X tap is used in the first reordering procedure, and wherein X is an integer number and storing the bitstream in a non-transitory computer-readable recording medium. Kim discloses wherein an interpolation filter with X tap is used in the first reordering procedure, and wherein X is an integer number; [fig. 52; ¶ 1012-1019; ¶ 1118] and storing the bitstream in a non-transitory computer-readable recording medium. [figs. 1-2; fig. 52; ¶ 2064-2078] It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the techniques of Copending Application No. 18732427 with the teachings of Kim allowing for improved coding efficiency. This is a provisional nonstatutory double patenting rejection. 18902795 18732427 1. a method of video processing, comprising: applying, for a conversion between a video unit of a video and a bitstream of the video unit, a processing procedure to at least one motion candidate in a motion candidate list; reordering at least part of motion candidates in the motion candidate list by applying a first reordering procedure to the motion candidate list after the processing procedure, wherein an interpolation filter with X tap is used in the first reordering procedure, and wherein X is an integer number; and performing the conversion based on the reordered motion candidates. 1. A method of video processing, comprising: applying, during a conversion between a target block of a video and a bitstream of the target block, a processing procedure to at least one motion candidate in a motion candidate list; reordering the motion candidate list by applying a first reordering process to the motion candidate list after the processing procedure; and performing the conversion based on the reordered motion candidate list. 2. wherein the processing procedure comprises a second reordering procedure, and wherein only a portion of motion candidates in the motion candidate list after the second reordering procedure is reordered in the first reordering procedure. 2. The method of claim 1, wherein the processing procedure comprises at least one of: a modification process, a motion refinement process, or a second reordering process. 17. wherein the conversion includes encoding the video unit into the bitstream, or wherein the conversion includes decoding the video unit from the bitstream. 17. The method of claim 1, wherein the conversion includes encoding the target block into the bitstream, or wherein the conversion includes decoding the target block from the bitstream. 18. an apparatus for video processing comprising a processor and a non-transitory memory with instructions thereon, wherein the instructions upon execution by the processor, cause the processor to: apply, for a conversion between a video unit of a video and a bitstream of the video unit, a processing procedure to at least one motion candidate in a motion candidate list: reorder at least part of motion candidates in the motion candidate list by applying a first reordering procedure to the motion candidate list after the processing procedure, wherein an interpolation filter with X-tap is used in the first reordering procedure, and wherein X is an integer number; and perform the conversion based on the reordered motion candidates. 18. 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: applying, during a conversion between a target block of a video and a bitstream of the target block, a processing procedure to at least one motion candidate in a motion candidate list; reordering the motion candidate list by applying a first reordering process to the motion candidate list after the processing procedure; and performing the conversion based on the reordered motion candidate list. 19. a non-transitory computer-readable storage medium storing instructions that cause a processor to: apply, for a conversion between a video unit of a video and a bitstream of the video unit, a processing procedure to at least one motion candidate in a motion candidate list; reorder at least part of motion candidates in the motion candidate list by applying a first reordering procedure to the motion candidate list after the processing procedure, wherein an interpolation filter with X-tap is used in the first reordering procedures and wherein X is an integer number; and perform the conversion based on the reordered motion candidates. 19. A non-transitory computer-readable storage medium storing instructions that cause a processor to perform acts comprising: applying, during a conversion between a target block of a video and a bitstream of the target block, a processing procedure to at least one motion candidate in a motion candidate list; reordering the motion candidate list by applying a first reordering process to the motion candidate list after the processing procedure; and performing the conversion based on the reordered motion candidate list. 20. a method for storing a bitstream of a video comprising: applying a processing procedure to at least one motion candidate in a motion candidate list; reordering at least part of motion candidates in the motion candidate list by applying a first reordering procedure to the motion candidate list after the processing procedure, [figs. wherein an interpolation filter with X-ta is used in the first reordering procedure and wherein X is an integer number; and generating the bitstream based on the reordered motion candidates; and storing the bitstream in a non-transitory computer-readable recording medium. 20. A non-transitory computer-readable recording medium storing a bitstream of a video which is generated by a method performed by a video processing apparatus, wherein the method comprises: applying a processing procedure to at least one motion candidate in a motion candidate list for the target block; reordering the motion candidate list by applying a first reordering process to the motion candidate list after the processing procedure; and generating a bitstream of the target block based on the reordered motion candidate list. Claim Rejections - 35 USC § 102 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 (i.e., changing from AIA to pre-AIA ) 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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-9, 11 and 14-20 is/are rejected under 35 U.S.C. 102 (a)(2) as being anticipated by Kim et al. US 2025/0392743. As to claim 1, Kim teaches a method of video processing, comprising: applying, for a conversion between a video unit of a video and a bitstream of the video unit, a processing procedure to at least one motion candidate in a motion candidate list; [figs. 1-2; ¶ 0247-0264; ¶ 0270; ¶ 0290-0303] reordering at least part of motion candidates in the motion candidate list by applying a first reordering procedure to the motion candidate list after the processing procedure, [fig. 52; ¶ 2064-2078] wherein an interpolation filter with X tap is used in the first reordering procedure, and wherein X is an integer number; [fig. 52; ¶ 1012-1019; ¶ 1118] and performing the conversion based on the reordered motion candidates. [figs. 1-2; fig. 52; ¶ 2064-2078] As to claim 2, Kim teaches the limitations of claim 1. Kim teaches wherein the processing procedure comprises a second reordering procedure, and wherein only a portion of motion candidates in the motion candidate list after the second reordering procedure is reordered in the first reordering procedure. [fig. 52; ¶ 1491; ¶ 2064-2078] As to claim 3, Kim teaches the limitations of claim 2. Kim teaches the first M motion candidates are reordered in the first reordering procedure, wherein M is an integer number. [¶ 2071] As to claim 4, Kim teaches the limitations of claim 3. Kim teaches wherein M is predefined, and M is equal to one of: 4, 5, 6, 7,8,9, or 10, or wherein M is indicated in the bitstream, or wherein M is equal to N +M1, and N is a maximum allowed number of motion candidates for a coding tool, and M is an integer number which is larger than or equal to 0. [¶ 2071] As to claim 5, Kim teaches the limitations of claim 4. Kim teaches wherein M is equal to one of: 0, 1, 2,3,4, 5, or 6. As to claim 6, Kim teaches the limitations of claim 1. Kim teaches wherein the processing procedure comprises a motion refinement process which is simplified, and wherein if a template matching is used as the motion refinement process, only one of above template or left template is used in the motion refinement process. [figs. 24-26; ¶ 1029-1049] As to claim 7, Kim teaches the limitations of claim 6. Kim teaches wherein if both the above template and the left template are available, a template with a larger size is used. [figs. 24-26; ¶ 1029-1049] As to claim 8, Kim teaches the limitations of claim 7. Kim teaches wherein if a block width is larger than a block height, the above template is used, and wherein if the block height is larger than the block width, the left template is used. [figs. 24-26; ¶ 1029-1049] As to claim 9, Kim teaches the limitations of claim 1. Kim teaches wherein the processing procedure comprises a motion refinement process which is simplified, and wherein whether to and an approach to simplify the motion refinement process is dependent on coding information of the video unit. [¶ 1995] As to claim 11, Kim teaches the limitations of claim 1. Kim teaches wherein X is equal to one of: 2, 4,6,8, 10, or 12, or wherein the interpolation filter used in the first reordering procedure is different from another interpolation filter used in the second reordering procedure, or wherein the interpolation filter used in the first reordering procedure is same as another interpolation filter used in the second reordering procedure, or wherein another interpolation filter with Y-tap is used in the second reordering procedure, and wherein Y is an integer number. [¶ 1118] As to claim 14, Kim teaches the limitations of claim 1. Kim teaches wherein whether the first reordering procedure using refined motion information is applied to a coding tool is dependent on a condition, and the condition is different for different coding tools. [¶ 2064-2067] As to claim 15, Kim teaches the limitations of claim 14. Kim teaches wherein the coding tool comprises at least one of: a template matching (TM) merge mode, an advanced decoder side motion vector refinement (ADMVIR) mode, a TM advanced motion vector predication (AMVP) mode, or a regular merge mode. [¶ 2064] As to claim 16, Kim teaches the limitations of claim 1. Kim teaches wherein whether to and an approach to apply the first reordering procedure for different coding tools is controlled by a single syntax element indicated in the bitstream. [¶ 2112] As to claim 17, Kim teaches the limitations of claim 1. Kim teaches wherein the conversion includes encoding the video unit into the bitstream, or wherein the conversion includes decoding the video unit from the bitstream. [figs. 1-2; ¶ 0245; ¶ 0264; ¶ 0291-0292] As to claim 18, Kim teaches an apparatus for video processing comprising a processor and a non-transitory memory with instructions thereon, wherein the instructions upon execution by the processor, cause the processor to: apply, for a conversion between a video unit of a video and a bitstream of the video unit, a processing procedure to at least one motion candidate in a motion candidate list: [figs. 1-2; ¶ 0247-0264; ¶ 0270; ¶ 0290-0303] reorder at least part of motion candidates in the motion candidate list by applying a first reordering procedure to the motion candidate list after the processing procedure, [figs. 1-2; fig. 52; ¶ 2064-2078] wherein an interpolation filter with X-tap is used in the first reordering procedure, and wherein X is an integer number; [fig. 52; ¶ 1012-1019; ¶ 1118] and perform the conversion based on the reordered motion candidates. [figs. 1-2; fig. 52; ¶ 2064-2078] As to claim 19, Kim teaches a non-transitory computer-readable storage medium storing instructions that cause a processor to: apply, for a conversion between a video unit of a video and a bitstream of the video unit, a processing procedure to at least one motion candidate in a motion candidate list; [figs. 1-2; ¶ 0247-0264; ¶ 0270; ¶ 0290-0303] reorder at least part of motion candidates in the motion candidate list by applying a first reordering procedure to the motion candidate list after the processing procedure, [figs. 1-2; fig. 52; ¶ 2064-2078] wherein an interpolation filter with X-tap is used in the first reordering procedures1andwherein X is an integer number; [fig. 52; ¶ 1012-1019; ¶ 1118] and perform the conversion based on the reordered motion candidates. [figs. 1-2; fig. 52; ¶ 2064-2078] As to claim 20, Kim teaches a method for storing a bitstream of a video comprising: applying a processing procedure to at least one motion candidate in a motion candidate list; [figs. 1-2; ¶ 0247-0264; ¶ 0270; ¶ 0290-0303] reordering at least part of motion candidates in the motion candidate list by applying a first reordering procedure to the motion candidate list after the processing procedure, [figs. 1-2; fig. 52; ¶ 2064-2078] wherein an interpolation filter with X-ta is used in the first reordering procedure and wherein X is an integer number; [fig. 52; ¶ 1012-1019; ¶ 1118] and generating the bitstream based on the reordered motion candidates; and storing the bitstream in a non-transitory computer-readable recording medium. [figs. 1-2; fig. 52; ¶ 2064-2078] 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 (i.e., changing from AIA to pre-AIA ) 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. Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. US 2025/0392743 in view of Chen et al. US 2025/0016304. As to claim 12, Kim teaches the limitations of claim 11. Kim does not explicitly teach wherein Y is equal to one of:4,6,8, or 10. Chen teaches wherein Y is equal to one of:4,6,8, or 10. [¶ 0426] It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the techniques of Chiu with the teachings of Kim allowing for improved coding efficiency. Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. US 2025/0392743 in view of Chiu et al. US 2023/0047501. As to claim 13, Kim teaches the limitations of claim 1. Kim Kim does not explicitly teach wherein whether the first reordering procedure using refined motion information is applied to the video unit is dependent on quantization parameter (QP). Chiu teaches wherein whether the first reordering procedure using refined motion information is applied to the video unit is dependent on quantization parameter (QP). [¶ 0040] It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the techniques of Chiu with the teachings of Kim allowing for improved coding efficiency. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNER HOLDER whose telephone number is (571)270-1549. The examiner can normally be reached M-F 7:30-4. 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, Joseph Ustaris can be reached at 571.272.7383. 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. /ANNER HOLDER/Primary Examiner, Art Unit 2483
Read full office action

Prosecution Timeline

Sep 30, 2024
Application Filed
Sep 30, 2025
Non-Final Rejection mailed — §102, §103
Dec 30, 2025
Response Filed
May 04, 2026
Non-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

2-3
Expected OA Rounds
79%
Grant Probability
92%
With Interview (+13.5%)
3y 2m (~1y 4m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 752 resolved cases by this examiner. Grant probability derived from career allowance rate.

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