Prosecution Insights
Last updated: April 19, 2026
Application No. 18/991,081

METHOD, APPARATUS, AND MEDIUM FOR VIDEO PROCESSING

Non-Final OA §102§103
Filed
Dec 20, 2024
Examiner
NAWAZ, TALHA M
Art Unit
2483
Tech Center
2400 — Computer Networks
Assignee
Bytedance Inc.
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
2y 3m
To Grant
88%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allow Rate
538 granted / 604 resolved
+31.1% vs TC avg
Minimal -1% lift
Without
With
+-0.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
29 currently pending
Career history
633
Total Applications
across all art units

Statute-Specific Performance

§101
7.2%
-32.8% vs TC avg
§103
48.1%
+8.1% vs TC avg
§102
24.9%
-15.1% vs TC avg
§112
11.0%
-29.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 604 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 . Priority This application discloses and claims only subject matter disclosed in prior application, and names the inventor or at least one joint inventor named in the prior application. Accordingly, this application may constitute a continuation or divisional. Should applicant desire to claim the benefit of the filing date of the prior application, attention is directed to 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq. The presentation of a benefit claim may result in an additional fee under 37 CFR 1.17(w)(1) or (2) being required, if the earliest filing date for which benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c) and 1.78(d) in the application is more than six years before the actual filing date of the application. Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed. Information Disclosure Statement The information disclosure statement (IDS) submitted on 12/20/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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)(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. Claim 20 is rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Jang et al. (US20220109831) (hereinafter Jang). Regarding claim 20, claim 20 claims a product by process claim limitation where the product is the bitstream and the process is the method steps to generate the bitstream. MPEP §2113 recites “Product-by-Process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps”. Thus, the scope of the claim is the storage medium storing the bitstream (with the structure implied by the method steps). The structure includes the information and samples manipulated by the steps. “To be given patentable weight, the printed matter and associated product must be in a functional relationship. A functional relationship can be found where the printed matter performs some function with respect to the product to which it is associated”. MPEP §2111.05(I)(A). When a claimed “computer-readable medium merely serves as a support for information or data, no functional relationship exists. MPEP §2111.05(III). The memory storing the claimed bitstream in claim 20 merely services as a support for the storage of the bitstream and provides no functional relationship between the stored bitstream and storage medium. Therefore, the bitstream, which scope is implied by the method steps, is non-functional descriptive material and given no patentable weight. MPEP §2111.05(III). Thus, the claim scope is just a storage medium storing data and is anticipated by Jang which recites a storage medium storing a bitstream. Jang discloses, a bitstream of compressed video data, including a computer readable storage medium storing the compressed non-transitory video data (0062, bitstream stored in a digital storage medium). 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1-2, 4, 8-10, 13 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Jang et al. (US20220109831) (hereinafter Jang) in view of Li et al. (US20230075788) (hereinafter Li). Regarding claim 1, Jang discloses a method for video processing, comprising: determining, for a conversion between a current video block of a video and a bitstream of the video, a target number for a set of motion candidates, the target number being smaller than or equal to an upper limit value [Figs. 2-3, 8-13, 0134; constituting candidate list based on RD cost]. determining, based on the target number and a fast rate distortion optimization (RDO) process, the set of motion candidates from a plurality of motion candidates for an intra block copy (IBC) based mode for coding the current video block [0059-0060, 0077-0085, 0185-0191; maximum candidates in list and IBC mode used in coding video block]. Jang discloses the limitations of the claim. However, Jang does not explicitly disclose performing the conversion based on the set of motion candidates. Li discloses performing the conversion based on the set of motion candidates [0019-0025, 0097-0106, 0112-0121; performing coding based on a variety of schemes and modes]. It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teachings of Jang with the teachings of Li as stated above. By incorporating the teachings as such optimizing coding efficiency through a variety of coding schemes is achieved (see Li 0020-0023). Regarding claim 2, Jang discloses wherein the IBC-based mode comprises one of the following: an IBC merge mode, an IBC template matching (TM) merge mode, or an IBC merge mode with block vector difference (MBVD) mode, or wherein the fast RDO process is performed based on a sum of absolute difference (SAD) or a sum of absolute transformed difference (SATD), or wherein the upper limit value is predefined, or wherein determining the target number comprises: determining a first number based on a sum of the number of valid candidates in an IBC merge list for the current video block and the number of valid candidates in an IBC-TM merge list for the current video block; and generating the target number based on the upper limit value and the first number [0072-0077, 0126-0134; maximum candidate list based on schemes and parameters]. Regarding claim 4, Jang discloses wherein the upper limit value is dependent on a target configuration of a coding process for coding the current video block [0072-0077, 0126-0134; maximum candidate list based on schemes and parameters]. Regarding claim 8, Jang discloses wherein the upper limit value is determined adaptively, or wherein the upper limit value is dependent on a resolution of a picture comprising the current video block, or wherein the upper limit value is dependent on a type of a slice comprising the current video block, or wherein the upper limit value is dependent on a coding parameter of the current video block, or wherein the upper limit value is indicated in the bitstream [0072-0077, 0126-0134; maximum candidate list based on schemes and parameters]. Regarding claim 9, Jang discloses further comprising: selecting a set of MBVD candidates from a plurality of MBVD candidates associated with a first IBC base candidate for the current video block, the number of MBVD candidates in the set of MBVD candidates being equal to N and N being a positive integer; and determining the plurality of motion candidates based on the set of MBVD candidates [0009, 0018, 0103-0104, 0121-0122; prediction mode based on a variety of parameters]. Regarding claim 10, Jang discloses wherein all of IBC base candidates for the current video block are divided into a plurality of sets of IBC base candidates [0060, 0077-0081, 0185-0191; using IBC prediction mode including parameters relating to block size and location]. Regarding claim 13, Jang discloses wherein N is predefined, or wherein N is dependent on a target configuration of a coding process for coding the current video block, or wherein N is dependent on a resolution of a picture comprising the current video block, or wherein N is dependent on a type of a slice comprising the current video block [TBLS 1-3, 0097; coding schemes including slice type]. Regarding claim 16, Jang discloses wherein the conversion includes encoding the current video block into the bitstream [Figs. 1-3, 0042-0043, 0057-0063; coding information form bitstream]. Regarding claim 17, Jang discloses wherein the conversion includes decoding the current video block from the bitstream [Figs. 1-3, 0042-0043, 0057-0063; coding information form bitstream]. Regarding claim 18, Jang discloses 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 perform acts comprising [Figs. 1-3, 0042-0043, 0057-0063; coding information form CRM and bitstream]. determining a target number for a set of motion candidates, the target number being smaller than or equal to an upper limit value [Figs. 2-3, 8-13, 0134; constituting candidate list based on RD cost]. determining, based on the target number and a fast rate distortion optimization (RDO) process, the set of motion candidates from a plurality of motion candidates for an intra block copy (IBC) based mode for coding a current video block of the video [0059-0060, 0077-0085, 0185-0191; maximum candidates in list and IBC mode used in coding video block]. performing the conversion based on the set of motion candidates [0059-0060, 0077-0085, 0185-0191; maximum candidates in list and IBC mode used in coding video block]. Jang discloses the limitations of the claim. However, Jang does not explicitly disclose performing the conversion based on the set of motion candidates. Li discloses performing the conversion based on the set of motion candidates [0019-0025, 0097-0106, 0112-0121; performing coding based on a variety of schemes and modes]. It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teachings of Jang with the teachings of Li as stated above. By incorporating the teachings as such optimizing coding efficiency through a variety of coding schemes is achieved (see Li 0020-0023). Regarding claim 19, Jang discloses a non-transitory computer-readable storage medium storing instructions that cause a processor to perform acts comprising [Figs. 1-3, 0042-0043, 0057-0063; CRM for coding process]. determining a target number for a set of motion candidates, the target number being smaller than or equal to an upper limit value [Figs. 2-3, 8-13, 0134; constituting candidate list based on RD cost]. determining, based on the target number and a fast rate distortion optimization (RDO) process, the set of motion candidates from a plurality of motion candidates for an intra block copy (IBC) based mode for coding a current video block of the video [0059-0060, 0077-0085, 0185-0191; maximum candidates in list and IBC mode used in coding video block]. performing the conversion based on the set of motion candidates [0059-0060, 0077-0085, 0185-0191; maximum candidates in list and IBC mode used in coding video block]. Jang discloses the limitations of the claim. However, Jang does not explicitly disclose performing the conversion based on the set of motion candidates. Li discloses performing the conversion based on the set of motion candidates [0019-0025, 0097-0106, 0112-0121; performing coding based on a variety of schemes and modes]. It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teachings of Jang with the teachings of Li as stated above. By incorporating the teachings as such optimizing coding efficiency through a variety of coding schemes is achieved (see Li 0020-0023). Regarding claim 20, Jang discloses a non-transitory computer-readable recording medium storing a bitstream of a video which is generated by a method performed by an apparatus for video processing, wherein the method comprises [Figs. 1-3, 0042-0043, 0057-0063; coding information form bitstream]. determining a target number for a set of motion candidates, the target number being smaller than or equal to an upper limit value [Figs. 2-3, 8-13, 0134; constituting candidate list based on RD cost]. determining, based on the target number and a fast rate distortion optimization (RDO) process, the set of motion candidates from a plurality of motion candidates for an intra block copy (IBC) based mode for coding a current video block of the video [0059-0060, 0077-0085, 0185-0191; maximum candidates in list and IBC mode used in coding video block]. generating the bitstream based on the set of motion candidates [0059-0060, 0077-0085, 0185-0191; maximum candidates in list and IBC mode used in coding video block]. Jang discloses the limitations of the claim. However, Jang does not explicitly disclose generating the bitstream based on the set of motion candidates. Li discloses generating the bitstream based on the set of motion candidates [0019-0025, 0097-0106, 0112-0121; performing coding based on a variety of schemes and modes]. It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teachings of Jang with the teachings of Li as stated above. By incorporating the teachings as such optimizing coding efficiency through a variety of coding schemes is achieved (see Li 0020-0023). Allowable Subject Matter Claims 3, 5-7, 11-12 and 14-15 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. The prior arts of record individually nor in combination do not explicitly disclose wherein all of candidate configurations of the coding process are divided into a plurality of sets of candidate configurations, and wherein the plurality of sets of candidate configurations comprise a first set of candidate configurations and a second set of candidate configurations different from the first set of candidate configurations, if the target configuration is comprised in the first set of candidate configurations, the upper limit value is equal to a first value, if the target configuration is comprised in the second set of candidate configurations, the upper limit value is equal to a second value, when taken in the environment of the independent claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TALHA M NAWAZ whose telephone number is (571)270-5439. The examiner can normally be reached Flex, M-R 6:30am-3:30pm; F 8:30am-12:30pm. 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, Joe G 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. /TALHA M NAWAZ/ Primary Examiner, Art Unit 2483
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Prosecution Timeline

Dec 20, 2024
Application Filed
Feb 06, 2026
Non-Final Rejection — §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

1-2
Expected OA Rounds
89%
Grant Probability
88%
With Interview (-0.8%)
2y 3m
Median Time to Grant
Low
PTA Risk
Based on 604 resolved cases by this examiner. Grant probability derived from career allow rate.

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