Prosecution Insights
Last updated: April 19, 2026
Application No. 19/004,929

USE OF EMBEDDED SIGNALLING TO CORRECT SIGNAL IMPAIRMENTS

Non-Final OA §102§103§DP
Filed
Dec 30, 2024
Examiner
AYNALEM, NATHNAEL B
Art Unit
2488
Tech Center
2400 — Computer Networks
Assignee
V-NOVA INTERNATIONAL LTD
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
2y 7m
To Grant
90%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
505 granted / 662 resolved
+18.3% vs TC avg
Moderate +14% lift
Without
With
+13.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
32 currently pending
Career history
694
Total Applications
across all art units

Statute-Specific Performance

§101
5.6%
-34.4% vs TC avg
§103
39.5%
-0.5% vs TC avg
§102
22.3%
-17.7% vs TC avg
§112
21.6%
-18.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 662 resolved cases

Office Action

§102 §103 §DP
DETAILED ACTION Notice of Pre-AIA or AIA Status This is in response to application no. 19/004,929 filed on December 30, 2024. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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 2-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 and 16-19 of U.S. Patent No. US 12184902. Although the claims at issue are not identical, they are not patentably distinct from each other because the current claims 2-18 are anticipated by the claims 1-12 and 16-19 of pat. ‘902. Table 1 below show the comparison between the current claims and the claims of the cited pat.‘902. Table 1 Current claims Pat. US 12184902 B2 claims 2. The method of performing signal enhancement operations on one or more portions of a signal, wherein the performing is based at least in part on information embedded in one or more values received in one or more encoded data layers transmitted within a stream of encoded data, and wherein said values are associated with transformed coefficients intended to be processed by a decoder for deriving elements of the signal wherein the information indicates an impairment associated with a portion of the signal. 1. A method of performing signal enhancement operations on one or more portions of a signal, the method comprising: receiving one or more encoded data layers transmitted within a stream of encoded data, wherein: the one or more encoded data layers include one or more values, which include embedded information, said one or more values are associated with transformed coefficients intended to be processed by a decoder for deriving elements of the signal, and the embedded information indicates an impairment associated with the one or more encoded data layers… 3. The method according to claim 2, wherein the one or more values are interpreted by the decoder to derive said information rather than to derive values of transformed coefficients. 2. A method according to claim 1, wherein the one or more values are interpreted by the decoder to derive said information rather than to derive values of the transformed coefficients. 4. The method according to claim 2, wherein the stream of encoded data is comprised within an encoded bitstream, and wherein a bit in the encoded bitstream is used to signal to the decoder that one or more values should be interpreted as said information rather than actual quantized values of transformed coefficients. 3. A method according to claim 1, wherein the stream of encoded data is comprised within an encoded bitstream, and wherein a bit in the encoded bitstream is used to signal to the decoder that one or more values should be interpreted as said information rather than actual quantized values of transformed coefficients. 5. The method according to claim 2, wherein the information indicates specific types of impairments to be expected in the decoded signal. 4. A method according to claim 1, wherein the information indicates specific types of impairments to be expected in the decoded signal. 6. The method according to claim 5, wherein the information is used to inform 6. the decoder on enhancement operations that may be applied to corresponding areas of the signal in order to improve a quality of the final signal reconstruction. 5. A method according to claim 4, wherein the information is used to inform the decoder on enhancement operations that may be applied to corresponding areas of the signal in order to improve a quality of the final signal reconstruction. 7. The method according to claim 2, wherein said enhancement operations include one or more of the following: deblocking, debanding, deringing, denoising, sharpening, dithering, colour clipping, range equalization, edge enhancement. 6. A method according to claim 1, wherein said enhancement operations include one or more of the following: deblocking, debanding, deringing, denoising, sharpening, dithering, colour clipping, range equalization, edge enhancement. 8. The method according to claim 7, wherein at least one of the signal 8. enhancement processing operations performed based on the embedded signalling is performed in- loop on an intermediate rendition of the signal at a resolution lower than full resolution. 7. A method according to claim 6, wherein at least one of the signal enhancement processing operations performed based on the embedded signalling is performed in-loop on an intermediate rendition of the signal at a resolution lower than full resolution. 9.The method according to claim 2, wherein the decoder implements signal enhancement operations based on one or more of a target level of processing power and a battery power consumption to be used by the decoder device. 8. A method according to claim 1, wherein the decoder implements signal enhancement operations based on one or more of a target level of processing power and a battery power consumption to be used by the decoder device. 10. The method according to claim 2, wherein the signal is encoded using a tier- based hierarchical coding method. 9. A method according to claim 1, wherein the signal is encoded using a tier-based hierarchical coding method. 11. The method according to claim 2, wherein embedded signalling information is included in residual data at a resolution lower than a full resolution for the signal. 10. A method according to claim 9, wherein embedded signalling information is included in residual data at a resolution lower than a full resolution for the signal. 12. The method according to claim 2, wherein the format in which at least a portion of the signal and the embedded signalling information are encoded is MPEG-5 Part 2 LCEVC (Low Complexity Enhancement Video Coding). 11. A method according to claim 1, wherein the format in which at least a portion of the signal and the embedded signalling information are encoded is MPEG-5 Part 2 LCEVC (“Low Complexity Enhancement Video Coding”). 13. The method according to claim 2, wherein the format in which at least a portion of the signal and the embedded signalling information are encoded is SMPTE VC-6 ST- 2117. 12. A method according to claim 1, wherein the format in which at least a portion of the signal and the embedded signalling information are encoded is SMPTE VC-6 ST-2117. 14. A method of encoding a signal comprising: encoding transformed coefficients for signal reconstruction by reserving one or more quantized symbols of a given coefficient group to provide embedded signalling information for signal enhancement operations to be performed on one or more portions of the signal to correct one or more impairments detected in the signal. 17. A method of encoding a signal comprising: encoding transformed coefficients for signal reconstruction by reserving one or more quantized symbols of a given coefficient group to provide embedded signaling information for signal enhancement operations to be performed on one or more portions of the signal to correct one or more impairments detected in the signal… 15. The method according to claim 14, wherein a bit in an encoded bytestream is toggled to signal to a decoder whether a given set of symbols in a given set of residual data is to be interpreted as residual data or as additional embedded signalling information to inform signal enhancement operations. 18. A method according to claim 17, wherein a bit in an encoded byte stream is toggled to signal to a decoder whether a given set of symbols in a given set of residual data is to be interpreted as residual data or as additional embedded signaling information to inform signal enhancement operations. 16. The method according to claim 14, wherein the embedded signalling information corresponds to one or more of the following classes of impairments: banding, ringing, softening, colour conversion flips and quantization noise impairments. 19. A method according to claim 17, wherein the embedded signaling information corresponds to one or more of the following classes of impairments: banding, ringing, softening, color conversion flips and quantization noise impairments. 17. The method according to claim 14, wherein the signal is encoded using a tier-based hierarchical coding method. 16. A method according to claim 13, wherein the signal is encoded using a tier-based hierarchical coding method. 18. A decoder configured to: perform signal enhancement operations on one or more portions of a signal, wherein the performing is based at least in part on information embedded in one or more values received in one or more encoded data layers transmitted within a stream of encoded data, and wherein said values are associated with transformed coefficients intended to be processed by a decoder for deriving elements of the signal wherein the information indicates an impairment associated with a portion of the signal. 1. A method of performing signal enhancement operations on one or more portions of a signal, the method comprising: receiving one or more encoded data layers transmitted within a stream of encoded data, wherein: the one or more encoded data layers include one or more values, which include embedded information, said one or more values are associated with transformed coefficients intended to be processed by a decoder for deriving elements of the signal, and the embedded information indicates an impairment associated with the one or more encoded data layers… 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(s) 2-9, 11, 14-16 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wu et al. (US 20080063085 A1). Regarding claim 2, Wu teaches a method of performing signal enhancement operations on one or more portions of a signal, wherein the performing is based at least in part on information (¶0027, 0066: control signal/data/information) embedded in one or more values received in one or more encoded data layers transmitted within a stream of encoded data (¶0066: the control signaling can be interleaved with the encoded data), and wherein said values are associated with transformed coefficients intended to be processed by a decoder for deriving elements of the signal (Figs 1-3: ¶0005-0007, 0028-0033: the encoded data includes transform coefficients processed/decoded by the decoder 200/300) wherein the information indicates an impairment associated with a portion of the signal (¶0036-0037: The received control data can command the decoder to implement a specific post-processing function or can communicate to the decoder 300 that a specific post-processing function is possible...The post-processing functions implemented by the post-processing filter 308 can be generally classified into two broad categories: enhancement and conversion. Enhancement processing includes functions such as deblocking, dithering, contrast enhancement and sharpening/edge enhancement). Note that this interpretation is consistent with the disclosure of the current application. For example, see current application ¶0041, 0044 stating “impairment information including instructions regarding signal enhancement operations to be performed at the decoder to reduce and/or remove particular detected impairments.” Regarding claim 3, Wu discloses a method according to claim 2, wherein the one or more values are interpreted by the decoder to derive said information rather than to derive values of transformed coefficients (¶0069: A one-bit control flag can be used to specify whether or not a particular post-processing function/stage should be implemented). Regarding claim 4, Wu discloses a method according to claim 2, wherein the stream of encoded data is comprised within an encoded bitstream, and wherein a bit in the encoded bitstream is used to signal to the decoder that one or more values should be interpreted as said information rather than actual quantized values of transformed coefficients (¶0069: A one-bit control flag can be used to specify whether or not a particular post-processing function/stage should be implemented). Regarding claim 5, Wu discloses a method according to claim 1, wherein the information indicates specific types of impairments to be expected in the decoded signal (¶0036-0037: The received control data can command the decoder to implement a specific post-processing function or can communicate to the decoder 300 that a specific post-processing function is possible...The post-processing functions implemented by the post-processing filter 308 can be generally classified into two broad categories: enhancement and conversion. Enhancement processing includes functions such as deblocking, dithering, contrast enhancement and sharpening/edge enhancement). Regarding claim 6, Wu discloses the method according to claim 5, wherein the information is used to inform the decoder on enhancement operations that may be applied to corresponding areas of the signal in order to improve a quality of the final signal reconstruction (¶0036-0037: The received control data can command the decoder to implement a specific post-processing function or can communicate to the decoder 300 that a specific post-processing function is possible...The post-processing functions implemented by the post-processing filter 308 can be generally classified into two broad categories: enhancement and conversion. Enhancement processing includes functions such as deblocking, dithering, contrast enhancement and sharpening/edge enhancement). Regarding claim 7, Wu discloses the method according to claim 2, wherein said enhancement operations include one or more of the following: deblocking, debanding, deringing, denoising, sharpening, dithering, colour clipping, range equalization, edge enhancement (¶0036-0037, 0069: The received control data can command the decoder to implement a specific post-processing function or can communicate to the decoder 300 that a specific post-processing function is possible...The post-processing functions implemented by the post-processing filter 308 can be generally classified into two broad categories: enhancement and conversion. Enhancement processing includes functions such as deblocking, dithering, contrast enhancement and sharpening/edge enhancement). Regarding claim 8, Wu discloses the method according to claim 7, wherein at least one of the signal enhancement processing operations performed based on the embedded signalling is performed in- loop on an intermediate rendition of the signal at a resolution lower than full resolution (¶0031, 0034: loop filter 322, the resource processor 320 can decide to have the base decoding unit 318 decode frames down to a low resolution and to appropriately resize the frame using a resolution filter or process included in the post-processing unit 308. ¶0036-0037: the received control data can command the decoder to implement a specific post-processing function or can communicate to the decoder 300 that a specific post-processing function is possible). Regarding claim 9, Wu discloses the method according to claim 2, wherein the decoder implements signal enhancement operations based on one or more of a target level of processing power and a battery power consumption to be used by the decoder device (¶0030, 0036: the decision to implement the post-processing function based on the power limitations of the decoder 300). Regarding claim 11, Wu discloses the method according to claim 2, wherein embedded signalling information is included in residual data at a resolution lower than a full resolution for the signal (¶0069: A one-bit control flag can be used to specify whether or not a particular post-processing function/stage should be implemented). Note that this interpretation is consistent with the disclosure of the current application. See current application, ¶0076. Regarding claim 14, Wu discloses a method of encoding a signal comprising: encoding transformed coefficients for signal reconstruction by reserving one or more quantized symbols of a given coefficient group (Figs 1-3: ¶0005-0007, 0028-0033: the encoded data includes transform and quantized coefficients processed/decoded by the decoder 200/300) to provide embedded signalling information for signal enhancement operations to be performed on one or more portions of the signal (¶0066: the control signaling can be interleaved with the encoded data) to correct one or more impairments detected in the signal (¶0036-0037: The received control data can command the decoder to implement a specific post-processing function or can communicate to the decoder 300 that a specific post-processing function is possible... The post-processing functions implemented by the post-processing filter 308 can be generally classified into two broad categories: enhancement and conversion. Enhancement processing includes functions such as deblocking, dithering, contrast enhancement and sharpening/edge enhancement). Note that this interpretation is consistent with the disclosure of the current application. For example, see current application ¶0041, 0044 stating “impairment information including instructions regarding signal enhancement operations to be performed at the decoder to reduce and/or remove particular detected impairments.” Regarding claim 15, Wu discloses the method according to claim 14, wherein a bit in an encoded bytestream is toggled to signal to a decoder whether a given set of symbols in a given set of residual data is to be interpreted as residual data or as additional embedded signalling information to inform signal enhancement operations (¶0069: A one-bit control flag can be used to specify whether or not a particular post-processing function/stage should be implemented). Regarding claim 16, Wu disclose the method according to claim 14, wherein the embedded signalling information corresponds to one or more of the following classes of impairments: banding, ringing, softening, colour conversion flips and quantization noise impairments (¶0036-0037, 0069: The received control data can command the decoder to implement a specific post-processing function or can communicate to the decoder 300 that a specific post-processing function is possible... The post-processing functions implemented by the post-processing filter 308 can be generally classified into two broad categories: enhancement and conversion. Enhancement processing includes functions such as deblocking, dithering, contrast enhancement and sharpening/edge enhancement). Regarding claim 18, the claim is drawn a system claim and recites the limitation analogous to claim 2, and is rejected due to a similar reason set forth above with respect to claim 2. 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) 10 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (US 20080063085 A1) in view of Rossato et al. (US 20140321555 A1). Regarding claim 10, Wu does not explicitly disclose wherein the signal is encoded using a tier-based hierarchical coding method. However, Rossato teaches wherein the signal is encoded using a tier-based hierarchical coding method (¶0076: encoding using a tier-based hierarchical method). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Wu by incorporating the teaching of Rossato, to achieve efficient bit streams and scalability while at the same time maintaining backward compatibility with decoding and/or display hardware that was designed for known decoding methods (Rossato: ¶0028). Regarding claim 17, the claim is drawn a system claim and recites the limitation analogous to claim 10, and is rejected due to a similar reason set forth above with respect to claim 10. Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (US 20080063085 A1) in view of Hu et al. (US 20200404263 A1). Regarding claim 12, Wu does not teach wherein the format in which at least a portion of the signal and the embedded signalling information are encoded is MPEG-5 Part 2 LCEVC ("Low Complexity Enhancement Video Coding"). However, Hu at ¶0041 discloses a video encoder/decoder operating under MPEG-5 Essential Video Coding (EVC) and Low Complexity Enhancement Video Coding, standard. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Wu incorporating the teaching of Hu, in order to provide improvements to filtering techniques in video coding (Hu:¶0004). Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (US 20080063085 A1) in view of Snow et al. “Reports from the SMPTE Technology Committees” SMPTE Motion Imaging Journal, Date of Publication 19 August 2019. Regarding claim 13, Wu does not explicitly disclose wherein the format in which at least a portion of the signal and the embedded signalling information are encoded is SMPTE VC-6 ST-2117. However, Snow discloses wherein the format in which at least a portion of the signal and the embedded signalling information are encoded is SMPTE VC-6 ST-2117 (1st Page “VC-6 picture compression”). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Wu by incorporating the teaching of Snow, in order to allow the decoder flexibly recreate uncompressed imagery (Snow: 1st Page “VC-6 picture compression”). The following are the prior art made of record and not relied upon are considered pertinent to applicant's disclosure. Puri et al. (US 20120155532 A1) describes “CONTENT ADAPTIVE QUALITY RESTORATION FILTERING FOR HIGH EFFICIENCY VIDEO CODING” Title. YAMAGUCHI et al. (US 20070140574 A describes a decoding apparatus and a decoding method for accurately reducing noises included in decoded image data by post-filtering. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHNAEL AYNALEM whose telephone number is (571)270-1482. The examiner can normally be reached M-F 9AM-5:30 PM ET. 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 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. /NATHNAEL AYNALEM/Primary Examiner, Art Unit 2488
Read full office action

Prosecution Timeline

Dec 30, 2024
Application Filed
Jan 08, 2026
Non-Final Rejection — §102, §103, §DP (current)

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Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
90%
With Interview (+13.9%)
2y 7m
Median Time to Grant
Low
PTA Risk
Based on 662 resolved cases by this examiner. Grant probability derived from career allow rate.

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