Prosecution Insights
Last updated: July 17, 2026
Application No. 19/025,889

IMAGE ENCODING/DECODING METHOD AND APPARATUS, AND RECORDING MEDIUM FOR STORING BITSTREAM

Non-Final OA §102
Filed
Jan 16, 2025
Priority
Sep 29, 2017 — RE 10-2017-0128130 +4 more
Examiner
ABOUZAHRA, HESHAM K
Art Unit
2486
Tech Center
2400 — Computer Networks
Assignee
LX Semicon Co., Ltd.
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
84%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
337 granted / 416 resolved
+23.0% vs TC avg
Minimal +3% lift
Without
With
+2.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
29 currently pending
Career history
449
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
82.7%
+42.7% vs TC avg
§102
8.9%
-31.1% vs TC avg
§112
0.6%
-39.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 416 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 . Claims 1-3 are pending for examination. Information Disclosure Statement The information disclosure statement (IDS) submitted on 01/16/2025; 02/12/2025; 03/25/2025; 06/12/2025; 08/20/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. 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 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 4, 6, and 8 of U.S. Patent No. US 12010326 B2 in view of AONO (US 20200177911 A1). Claims 1-3 of instant application US 12010326 B2: claims 1, 3, 4, 6, and 8 Claims 1-3: obtaining residual information for a current block through a bitstream; AONO: [0155] The entropy decoder 301 performs entropy decoding on the coding stream Te input from the outside, and separates and decodes individual codes (syntax elements). Examples of the separated codes include the prediction parameters for generating the prediction image and residual information for generating a difference image. Claims 1-3: deriving a first merge candidate of a current block based on a top neighboring block of the current block; deriving a second merge candidate of the current block based on a left neighboring block of the current block; Claims 1, 4 & 8: deriving a first merge candidate and a second merge candidate of a current block based on neighboring blocks of the current block; Claims 1-3: deriving a combined merge candidate of the current block based on a combination of the first merge candidate and the second merge candidate; Claims 1, 4 & 8: deriving a combined merge candidate of the current block based on a combination of the first merge candidate and the second merge candidate; Claims 1-3: generating a merge candidate list based on the first merge candidate, the second merge candidate and the combined merge candidate of the current block; Claims 1, 4 & 8: generating a merge candidate list based on the combined merge candidate of the current block; Claims 1-3: deriving a motion vector for the current block based on the merge candidate list; Claims 1, 4 & 8: deriving a motion vector for the current block based on the merge candidate list, Claims 1-3: deriving a prediction sample of the current block based on the motion vector for the current block; AONO: (The merge candidate selection unit 30362 stores the selected merge candidate in the prediction parameter memory 307 and outputs the merge candidate to the prediction image generator 308. [0313]) Claims 1-3: deriving a residual sample of the current block based on the residual information; and AONO: ([0278] compute a prediction residual signal. The inverse quantization and inverse transform processing unit 311 outputs the computed residual signal to the addition unit 312.) Claims 1-3: generating a reconstructed picture based on the prediction sample and the residual sample. AONO: ([0279] The addition unit 312 adds the prediction image of the PU input from the inter prediction image generator 309 or intra prediction image generator 310 and the residual signal input from the inverse quantization and inverse transform processing unit 311 for each pixel to generate a decoded image of the PU.). US 12010326 B2: (claims 1, 3, 4, 6, and 8) does not explicitly recite deriving a prediction sample of the current block based on the motion vector for the current block. However, in an analogous art, AONO teaches deriving a prediction sample of the current block based on the motion vector for the current block (Fig. 12: predictors. The merge candidate selection unit 30362 stores the selected merge candidate in the prediction parameter memory 307 and outputs the merge candidate to the prediction image generator 308. [0313]). It would have been obvious for a person of ordinary skill in the art, before the effective filling date of the claimed invention, to take the teachings of AONO and apply them to US 12010326 B2: (claims 1, 3, 4, 6, and 8). One would be motivated as such as a prediction image can be improved. 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)(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. Claims 1-3 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by AONO (US 20200177911 A1). Regarding claim 1, AONO teaches an image decoding method performed by a decoding apparatus, the method comprising: obtaining residual information for a current block through a bitstream ([0155] The entropy decoder 301 performs entropy decoding on the coding stream Te input from the outside, and separates and decodes individual codes (syntax elements). Examples of the separated codes include the prediction parameters for generating the prediction image and residual information for generating a difference image.); deriving a first merge candidate of a current block based on a top neighboring block of the current block ([0307] In the combined merge derivation process, the merge candidate deriver 30361 combines motion vectors and reference picture indices of two different derived merge candidates which are already derived and stored in the merge candidate storage 30363 as motion vectors for L0 and L1. [0310] The merge candidate derived by the merge candidate deriver 30361 is stored in the merge candidate storage 30363. The order of storing in the merge candidate list mergeCandList[ ] is {L, A, AR, BL, AL, BR/C, a combined merge candidate, and a zero merge candidate}. Examiner note: Block A is top neighboring block); deriving a second merge candidate of the current block based on a left neighboring block of the current block ([0307] In the combined merge derivation process, the merge candidate deriver 30361 combines motion vectors and reference picture indices of two different derived merge candidates which are already derived and stored in the merge candidate storage 30363 as motion vectors for L0 and L1. [0310] The merge candidate derived by the merge candidate deriver 30361 is stored in the merge candidate storage 30363. The order of storing in the merge candidate list mergeCandList[ ] is {L, A, AR, BL, AL, BR/C, a combined merge candidate, and a zero merge candidate}. Examiner note: Block L is left neighboring block); deriving a combined merge candidate of the current block based on a combination of the first merge candidate and the second merge candidate (derive a combined merge candidate. [0307]); generating a merge candidate list based on the first merge candidate, the second merge candidate and the combined merge candidate of the current block (stores the derived combined merge candidate in the merge candidate list mergeCandList[ ]. [0307]); and deriving a motion vector for the current block based on the merge candidate list ([0037] FIG. 24 is a diagram illustrating a prediction vector candidate list (merge candidate list). Examiner note: list includes combined merge candidate); deriving a prediction sample of the current block based on the motion vector for the current block (The merge candidate selection unit 30362 stores the selected merge candidate in the prediction parameter memory 307 and outputs the merge candidate to the prediction image generator 308. [0313]), deriving a residual sample of the current block based on the residual information ([0278] compute a prediction residual signal. The inverse quantization and inverse transform processing unit 311 outputs the computed residual signal to the addition unit 312.); and generating a reconstructed picture based on the prediction sample and the residual sample ([0279] The addition unit 312 adds the prediction image of the PU input from the inter prediction image generator 309 or intra prediction image generator 310 and the residual signal input from the inverse quantization and inverse transform processing unit 311 for each pixel to generate a decoded image of the PU.). Regarding claim 2, AONO teaches an image encoding method performed by an encoding apparatus, the method comprising: deriving a first merge candidate of a current block based on a top neighboring block of the current block ([0307] In the combined merge derivation process, the merge candidate deriver 30361 combines motion vectors and reference picture indices of two different derived merge candidates which are already derived and stored in the merge candidate storage 30363 as motion vectors for L0 and L1. [0310] The merge candidate derived by the merge candidate deriver 30361 is stored in the merge candidate storage 30363. The order of storing in the merge candidate list mergeCandList[ ] is {L, A, AR, BL, AL, BR/C, a combined merge candidate, and a zero merge candidate}. Examiner note: Block A is top neighboring block); deriving a second merge candidate of the current block based on a left neighboring block of the current block ([0307] In the combined merge derivation process, the merge candidate deriver 30361 combines motion vectors and reference picture indices of two different derived merge candidates which are already derived and stored in the merge candidate storage 30363 as motion vectors for L0 and L1. [0310] The merge candidate derived by the merge candidate deriver 30361 is stored in the merge candidate storage 30363. The order of storing in the merge candidate list mergeCandList[ ] is {L, A, AR, BL, AL, BR/C, a combined merge candidate, and a zero merge candidate}. Examiner note: Block L is left neighboring block); deriving a combined merge candidate of the current block based on a combination of the first merge candidate and the second merge candidate (derive a combined merge candidate. [0307]); generating a merge candidate list based on the first merge candidate, the second merge candidate and the combined merge candidate of the current block (stores the derived combined merge candidate in the merge candidate list mergeCandList[ ]. [0307]); and deriving a motion vector for the current block based on the merge candidate list ([0037] FIG. 24 is a diagram illustrating a prediction vector candidate list (merge candidate list). Examiner note: list includes combined merge candidate); deriving a prediction sample of the current block based on the motion vector for the current block (The merge candidate selection unit 30362 stores the selected merge candidate in the prediction parameter memory 307 and outputs the merge candidate to the prediction image generator 308. [0313]), deriving a residual sample of the current block based on the residual information ([0278] compute a prediction residual signal. The inverse quantization and inverse transform processing unit 311 outputs the computed residual signal to the addition unit 312.); and encoding image information including prediction related information for the motion vector for the current block ([0023] FIG. 10 is a schematic diagram illustrating a configuration of an inter prediction parameter encoder according to the present embodiment.), Regarding claim 3, AONO teaches a transmission method for image data, the method comprising: obtaining a bitstream of encoded image information, wherein the encoded image information is generated based on deriving a first merge candidate of a current block based on a top neighboring block of the current block, deriving a second merge candidate of the current block based on a left neighboring block of the current block, deriving a combined merge candidate of the current block based on a combination of the first merge candidate and the second merge candidate, generating a merge candidate list based on the first merge candidate, the second merge candidate and the combined merge candidate of the current block, deriving a motion vector for the current block based on the merge candidate list, deriving a prediction sample of the current block based the motion vector for the current block, deriving a residual sample of the current block based on the prediction sample, and encoding the image information including prediction related information for the motion vector and residual information for the current block ([0307] In the combined merge derivation process, the merge candidate deriver 30361 combines motion vectors and reference picture indices of two different derived merge candidates which are already derived and stored in the merge candidate storage 30363 as motion vectors for L0 and L1, respectively to derive a combined merge candidate, and stores the derived combined merge candidate in the merge candidate list mergeCandList[ ].); and transmitting the image data comprising the bitstream (Fig. 27). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to HESHAM K ABOUZAHRA whose telephone number is (571)270-0425. The examiner can normally be reached M-F 8-5. 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 57127227384. 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. /HESHAM K ABOUZAHRA/ Primary Examiner, Art Unit 2486
Read full office action

Prosecution Timeline

Jan 16, 2025
Application Filed
May 05, 2026
Non-Final Rejection mailed — §102 (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
81%
Grant Probability
84%
With Interview (+2.6%)
2y 4m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 416 resolved cases by this examiner. Grant probability derived from career allowance rate.

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