Prosecution Insights
Last updated: April 19, 2026
Application No. 18/965,386

ENCODING DEVICE, DECODING DEVICE AND PROGRAM

Non-Final OA §DP
Filed
Dec 02, 2024
Examiner
DEMOSKY, PATRICK E
Art Unit
2486
Tech Center
2400 — Computer Networks
Assignee
Nippon Hoso Kyokai
OA Round
1 (Non-Final)
65%
Grant Probability
Moderate
1-2
OA Rounds
3y 1m
To Grant
55%
With Interview

Examiner Intelligence

Grants 65% of resolved cases
65%
Career Allow Rate
244 granted / 377 resolved
+6.7% vs TC avg
Minimal -10% lift
Without
With
+-9.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
22 currently pending
Career history
399
Total Applications
across all art units

Statute-Specific Performance

§101
2.4%
-37.6% vs TC avg
§103
61.5%
+21.5% vs TC avg
§102
17.7%
-22.3% vs TC avg
§112
14.0%
-26.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 377 resolved cases

Office Action

§DP
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 submitted on 12/02/2024 is 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 1-4 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, 8, and 9 of U.S. Patent No. 12,192,453. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following: Instant Application No. 18/965,386 Issued U.S. Patent No. 12,192,453 Claim 1 An encoding device that performs encoding on each of blocks obtained by dividing an image, the encoding device comprising: a predictor configured to generate samples in a prediction block of an encoding-target block by weighted-averaging a plurality of reference samples based on a flag controlling the weighted-averaging; a transformer/quantizer configured to perform a transform process and a quantization process on a prediction residual that represents a difference between the encoding-target block and the prediction block; an inverse quantizer/inverse transformer configured to restore the prediction residual by performing an inverse quantization process and an inverse transform process on transform coefficients obtained by the transformer/quantizer; a combiner configured to reconstruct the encoding-target block by combining the restored prediction residual and the prediction block; a deblocking filter configured to perform a filter process on a boundary portion between two blocks including the reconstructed encoding-target block and an adjacent block; and a filter controller configured to control a strength of the filter process based on the flag controlling the weighted-averaging in generating the prediction block. Claim 1 An encoding device that performs encoding on each of blocks obtained by dividing an image, the encoding device comprising: a predictor configured to generate a prediction block of an encoding-target block by weighted-averaging a plurality of reference images using weighted coefficients determined based on a flag controlling the weighted coefficients from a weighted coefficient set including a plurality of weighted coefficients; a transformer/quantizer configured to perform a transform process and a quantization process on a prediction residual that represents a difference between the encoding-target block and the prediction block; an inverse quantizer/inverse transformer configured to restore the prediction residual by performing an inverse quantization process and an inverse transform process on transform coefficients obtained by the transformer/quantizer; a combiner configured to reconstruct the encoding-target block by combining the restored prediction residual and the prediction block; a deblocking filter configured to perform a filter process on a boundary portion between two blocks including the reconstructed encoding-target block and an adjacent block; and a filter controller configured to control a strength of the filter process based on the flag controlling the weighted coefficients used in the weighted-averaging in generating the prediction block. Claim 2 A non-transitory computer-readable medium storing a program causing a computer to function as the encoding device according to claim 1. Claim 8 A non-transitory computer-readable medium storing a program causing a computer to function as the encoding device according to claim 1. Claim 3 A decoding device that performs decoding on each of blocks obtained by dividing an image, the decoding device comprising: an entropy decoder configured to output quantized transform coefficients corresponding to a decoding-target block by decoding an encoded stream; an inverse quantizer/inverse transformer configured to restore a prediction residual by performing an inverse quantization process and an inverse transform process on the quantized transform coefficients outputted by the entropy decoder; a predictor configured to generate samples in a prediction block of the decoding-target block by weighted-averaging a plurality of reference samples based on a flag controlling the weighted-averaging; a combiner configured to reconstruct the decoding-target block by combining the restored prediction residual and the prediction block; a deblocking filter configured to perform a filter process on a boundary portion between two blocks including the reconstructed decoding-target block and an adjacent block; and a filter controller configured to control a strength of the filter process based on the flag controlling the weighted-averaging in generating the prediction block. Claim 4 A decoding device that performs decoding on each of blocks obtained by dividing an image, the decoding device comprising: an entropy decoder configured to output quantized transform coefficients corresponding to a decoding-target block by decoding an encoded stream; an inverse quantizer/inverse transformer configured to restore a prediction residual by performing an inverse quantization process and an inverse transform process on the quantized transform coefficients outputted by the entropy decoder; a predictor configured to generate a prediction block of the decoding-target block by weighted-averaging a plurality of reference images using weighted coefficients selected based on a flag controlling weighted coefficients; a combiner configured to reconstruct the decoding-target block by combining the restored prediction residual and the prediction block; a deblocking filter configured to perform a filter process on a boundary portion between two blocks including the reconstructed decoding-target block and an adjacent block; and a filter controller configured to control a strength of the filter process based on the flag controlling the weighted coefficients used in the weighted-averaging in generating the prediction block. Claim 4 A non-transitory computer-readable medium storing a program causing a computer to function as the decoding device according to claim 3. Claim 9 A non-transitory computer-readable medium storing a program causing a computer to function as the decoding device according to claim 4. Table 1 As noted above, claim 1 of the instant application is a variation of claim 1 of U.S. Patent No. 12,192,453. Specifically, claim 1 of the instant application is an encoding device which controls a strength of a deblocking filter based on a flag controlling weighted-averaging, whereas claim 1 of issued U.S. Patent No. 12,192,453 is the same device however it is specified that weighted coefficients (used in a weighted averaging) are controlled in order to change a strength of a deblocking filter. One of ordinary skill in the art would readily recognize that to influence a filter, its weighted coefficients, or “taps”, are what would be controlled/changed. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK E DEMOSKY whose telephone number is (571)272-8799. The examiner can normally be reached Monday - Friday 7-4 EST. 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, Jamie Atala can be reached at 5712727384. 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. /PATRICK E DEMOSKY/Primary Examiner, Art Unit 2486
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Prosecution Timeline

Dec 02, 2024
Application Filed
Jan 08, 2026
Non-Final Rejection — §DP (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

1-2
Expected OA Rounds
65%
Grant Probability
55%
With Interview (-9.7%)
3y 1m
Median Time to Grant
Low
PTA Risk
Based on 377 resolved cases by this examiner. Grant probability derived from career allow rate.

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