Prosecution Insights
Last updated: April 19, 2026
Application No. 19/036,648

METHOD AND APPARATUS FOR ENCODING/DECODING IMAGE

Non-Final OA §DP
Filed
Jan 24, 2025
Examiner
BRANIFF, CHRISTOPHER
Art Unit
2484
Tech Center
2400 — Computer Networks
Assignee
Industry Academy Cooperation Foundation Of Sejong University
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
2y 2m
To Grant
96%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allow Rate
544 granted / 637 resolved
+27.4% vs TC avg
Moderate +10% lift
Without
With
+10.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
28 currently pending
Career history
665
Total Applications
across all art units

Statute-Specific Performance

§101
4.1%
-35.9% vs TC avg
§103
55.3%
+15.3% vs TC avg
§102
16.3%
-23.7% vs TC avg
§112
7.7%
-32.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 637 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 . 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 1-7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 of U.S. Patent No. 12,238,345 in view of Sole Rojals et al. (US 2013/0058407 A1, referred to herein as “Sole”). Claim 1 of Instant Application A method of decoding an image, the method comprising: receiving a bitstream including coefficient information of a current transform block, the coefficient information including sub-block information and absolute value information, the sub-block information indicating whether a sub-block in the current transform block includes at least one non-zero coefficient, the absolute value information indicating whether an absolute value of a current transform coefficient of the sub-block in the current transform block is greater than 3; in response to the sub-block information indicating that the sub-block in the current transform block includes the at least one non-zero coefficient, entropy-decoding the absolute value information of the current transform coefficient from the bitstream; and decoding the current transform coefficient of the current transform block according to a diagonal scan order, wherein entropy-decoding the absolute value information of the current transform coefficient comprises: determining probability information of the absolute value information of the current transform coefficient based on significant coefficient flag information of neighboring transform coefficients of the current transform coefficient, the significant coefficient flag information indicating whether a neighboring transform coefficient is non-zero or not; decoding the absolute value information of the current transform coefficient based on the probability information, wherein the neighboring transform coefficients include coefficients with coordinates of (x+2, y), (x+1, y+1), and (x, y+2), and wherein x and y are representative of coordinates of the current transform coefficient. Claim 1 of U.S. Patent No. 12,238,345 A method of decoding an image, the method comprising: receiving a bitstream including coefficient information of a current transform block, the coefficient information including sub-block information and absolute value information, the sub-block information indicating whether a sub-block in the current transform block includes at least one non-zero coefficient, the absolute value information indicating whether an absolute value of a current transform coefficient of the sub-block in the current transform block is greater than 3; and in response to the sub-block information indicating that the sub-block in the current transform block includes the at least one non-zero coefficient, entropy-decoding the absolute value information of the current transform coefficient from the bitstream, wherein entropy-decoding the absolute value information of the current transform coefficient comprises: determining probability information of the absolute value information of the current transform coefficient based on significant coefficient flag information of neighboring transform coefficients of the current transform coefficient, the significant coefficient flag information indicating whether a neighboring transform coefficient is non-zero or not; decoding the absolute value information of the current transform coefficient based on the probability information, wherein the neighboring transform coefficients include coefficients with coordinates of (x+2, y), (x+1, y+1), and (x, y+2), and wherein x and y are representative of coordinates of the current transform coefficient. Table 1. Regarding claim 1, claim 1 of U.S. Patent No. 12,238,345 discloses many of the same limitations as shown in Table 1. Claim 1 of U.S. Patent No. 12,238,345 does not explicitly disclose: decoding the current transform coefficient of the current transform block according to a diagonal scan order. However, Sole discloses: decoding the current transform coefficient of the current transform block according to a diagonal scan order (Sole: Fig. 3, paragraphs [0069], [0079], [0122] and [0127], disclosing coding of transform coefficients according to a diagonal scan order; paragraphs [0196] – [0198], disclosing decoding of the encoded video in a process that mirrors the scan order of an encoding unit). At the time the application was effectively filed, it would have been obvious for a person having ordinary skill in the art to use the scan ordering of Sole in the method of claim 1 of U.S. Patent No. 12,238,345. One would have been motivated to modify claim 1 of U.S. Patent No. 12,238,345 in this manner in order to improve coding efficiency by arranging non-zero coefficients by scan order (Sole: paragraphs [0064] – [0065]). Regarding claims 2-5, claims 2-5 of U.S. Patent No. 12,238,345 in view of Sole discloses the same or similar limitations and are therefore not patentably distinct. Regarding claim 6, claim 6 of U.S. Patent No. 12,238,345 discloses many of the same limitations. Claim 6 of U.S. Patent No. 12,238,345 does not explicitly disclose: encoding the current transform coefficient of the current transform block according to a diagonal scan order. However, Sole discloses: encoding the current transform coefficient of the current transform block according to a diagonal scan order (Sole: Fig. 3, paragraphs [0069], [0079], [0122] and [0127], disclosing coding of transform coefficients according to a diagonal scan order). At the time the application was effectively filed, it would have been obvious for a person having ordinary skill in the art to use the scan ordering of Sole in the method of claim 6 of U.S. Patent No. 12,238,345. One would have been motivated to modify claim 6 of U.S. Patent No. 12,238,345 in this manner in order to improve coding efficiency by arranging non-zero coefficients by scan order (Sole: paragraphs [0064] – [0065]). Regarding claim 7, claim 7 of U.S. Patent No. 12,238,345 discloses many of the same limitations. Claim 7 of U.S. Patent No. 12,238,345 does not explicitly disclose: encoding the current transform coefficient of the current transform block according to a diagonal scan order. However, Sole discloses: encoding the current transform coefficient of the current transform block according to a diagonal scan order (Sole: Fig. 3, paragraphs [0069], [0079], [0122] and [0127], disclosing coding of transform coefficients according to a diagonal scan order). At the time the application was effectively filed, it would have been obvious for a person having ordinary skill in the art to use the scan ordering of Sole in the method of claim 7 of U.S. Patent No. 12,238,345. One would have been motivated to modify claim 7 of U.S. Patent No. 12,238,345 in this manner in order to improve coding efficiency by arranging non-zero coefficients by scan order (Sole: paragraphs [0064] – [0065]). Claims 1-7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 of U.S. Patent No. 11,882,315 in view of Sole. Claim 1 of Instant Application A method of decoding an image, the method comprising: receiving a bitstream including coefficient information of a current transform block, the coefficient information including sub-block information and absolute value information, the sub-block information indicating whether a sub-block in the current transform block includes at least one non-zero coefficient, the absolute value information indicating whether an absolute value of a current transform coefficient of the sub-block in the current transform block is greater than 3; in response to the sub-block information indicating that the sub-block in the current transform block includes the at least one non-zero coefficient, entropy-decoding the absolute value information of the current transform coefficient from the bitstream; and decoding the current transform coefficient of the current transform block according to a diagonal scan order, wherein entropy-decoding the absolute value information of the current transform coefficient comprises: determining probability information of the absolute value information of the current transform coefficient based on significant coefficient flag information of neighboring transform coefficients of the current transform coefficient, the significant coefficient flag information indicating whether a neighboring transform coefficient is non-zero or not; decoding the absolute value information of the current transform coefficient based on the probability information, wherein the neighboring transform coefficients include coefficients with coordinates of (x+2, y), (x+1, y+1), and (x, y+2), and wherein x and y are representative of coordinates of the current transform coefficient. Claim 1 of U.S. Patent No. 11,882,315 1. A method of decoding an image, the method comprising: receiving a bitstream including coefficient information of a current transform block, the coefficient information including absolute value information of a current transform coefficient in the current transform block, the absolute value information indicating whether an absolute value of the current transform coefficient is greater than 3; and entropy-decoding the absolute value information of the current transform coefficient from the bitstream, wherein entropy-decoding the absolute value information of the current transform coefficient comprises: determining probability information of the absolute value information of the current transform coefficient based on significant coefficient flag information of neighboring transform coefficients of the current transform coefficient, the significant coefficient flag information indicating whether a neighboring transform coefficient is non-zero or not; and decoding the absolute value information of the current transform coefficient based on the probability information, wherein the neighboring transform coefficients include coefficients with coordinates of (x+2, y), (x+1, y+1), and (x, y+2), and wherein x and y are representative of coordinates of the current transform coefficient. Table 2. Regarding claim 1, claim 1 of U.S. Patent No. 11,882,315 discloses many of the same limitations as shown in Table 2. Claim 1 of U.S. Patent No. 11,882,315 does not explicitly disclose: the coefficient information including sub-block information… the sub-block information indicating whether a sub-block in the current transform block includes at least one non-zero coefficient… entropy decoding in response to the sub-block information indicating that the sub-block in the current transform block includes the at least one non-zero coefficient… and decoding the current transform coefficient of the current transform block according to a diagonal scan order. However, Sole discloses: the coefficient information including sub-block information (Sole: paragraphs [0080] – [0081], disclosing sub-block coefficient information)… the sub-block information indicating whether a sub-block in the current transform block includes at least one non-zero coefficient (Sole: paragraphs [0069] and [0071], disclosing scanning order to determine zero and non-zero coefficients of a sub-block)… entropy decoding in response to the sub-block information indicating that the sub-block in the current transform block includes the at least one non-zero coefficient (Sole: paragraph [0122], disclosing scanning of significant (e.g., non-zero) coefficients; paragraph [0141], disclosing that scanned transform coefficients are entropy coded)… and decoding the current transform coefficient of the current transform block according to a diagonal scan order (Sole: Fig. 3, paragraphs [0069], [0079], [0122] and [0127], disclosing coding of transform coefficients according to a diagonal scan order; paragraphs [0196] – [0198], disclosing decoding of the encoded video in a process that mirrors the scan order of an encoding unit). At the time the application was effectively filed, it would have been obvious for a person having ordinary skill in the art to use the scan ordering of Sole in the method of claim 1 of U.S. Patent No. 11,882,315. One would have been motivated to modify claim 1 of U.S. Patent No. 11,882,315 in this manner in order to improve coding efficiency by arranging non-zero coefficients by scan order (Sole: paragraphs [0064] – [0065]). Regarding claims 2-5, claims 2-5 of U.S. Patent No. 12,238,345 in view of Sole discloses the same or similar limitations and are therefore not patentably distinct. Claim 6 of Instant Application A method of encoding an image, the method comprising: obtaining coefficient information of a current transform block, the coefficient information including sub-block information and absolute value information, the sub-block information indicating whether a sub-block in the current transform block includes at least one non-zero coefficient, the absolute value information indicating whether an absolute value of a current transform coefficient of the sub-block in the current transform block is greater than 3; encoding the current transform coefficient of the current transform block according to a diagonal scan order; and generating a bitstream based on the coefficient information of the current transform block, wherein the absolute value information of the current transform coefficient is encoded into the bitstream in response to the sub-block information indicating that the sub-block in the current transform block includes the at least one non-zero coefficient, wherein encoding the coefficient information comprises entropy-encoding the absolute value information of the current transform coefficient, and wherein entropy-encoding the absolute value information of the current transform coefficient comprises: determining probability information of the absolute value information of the current transform coefficient based on significant coefficient flag information of neighboring transform coefficients of the current transform coefficient, the significant coefficient flag information indicating whether a neighboring transform coefficient is non-zero or not; and encoding the absolute value information of the current transform coefficient based on the probability information, wherein the neighboring transform coefficients include coefficients with coordinates of (x+2, y), (x+l, y+1), and (x, y+2), and wherein x and y are representative of coordinates of the current transform coefficient. Claim 6 of U.S. Patent No. 11,882,315 A method of encoding an image, the method comprising: obtaining coefficient information of a current transform block, the coefficient information including absolute value information of a current transform coefficient in the current transform block, the absolute value information indicating whether an absolute value of the current transform coefficient is greater than 3; and generating a bitstream by encoding the coefficient information of the current transform block, wherein encoding the coefficient information comprises entropy-encoding the absolute value information of the current transform coefficient, and wherein entropy-encoding the absolute value information of the current transform coefficient comprises: determining probability information of the absolute value information of the current transform coefficient based on significant coefficient flag information of neighboring transform coefficients of the current transform coefficient, the significant coefficient flag information indicating whether a neighboring transform coefficient is non-zero or not; and encoding the absolute value information of the current transform coefficient based on the probability information, wherein the neighboring transform coefficients include coefficients with coordinates of (x+2, y), (x+1, y+1), and (x, y+2), and wherein x and y are representative of coordinates of the current transform coefficient. Table 3. Regarding claim 6, claim 6 of U.S. Patent No. 11,882,315 discloses many of the same limitations as shown in Table 3. Claim 6 of U.S. Patent No. 11,882,315 does not explicitly disclose: the coefficient information including sub-block information… the sub-block information indicating whether a sub-block in the current transform block includes at least one non-zero coefficient… encoding the current transform coefficient of the current transform block according to a diagonal scan order… wherein the absolute value information of the current transform coefficient is encoded into the bitstream in response to the sub-block information indicating that the sub-block in the current transform block includes the at least one non-zero coefficient. However, Sole discloses: the coefficient information including sub-block information (Sole: paragraphs [0080] – [0081], disclosing sub-block coefficient information)… the sub-block information indicating whether a sub-block in the current transform block includes at least one non-zero coefficient (Sole: paragraphs [0069] and [0071], disclosing scanning order to determine zero and non-zero coefficients of a sub-block)… encoding the current transform coefficient of the current transform block according to a diagonal scan order (Sole: Fig. 3, paragraphs [0069], [0079], [0122] and [0127], disclosing coding of transform coefficients according to a diagonal scan order)… wherein the absolute value information of the current transform coefficient is encoded into the bitstream in response to the sub-block information indicating that the sub-block in the current transform block includes the at least one non-zero coefficient (Sole: paragraphs [0080] – [0082], disclosing that absolute value information is encoded based on the scanning order; paragraph [0122], disclosing scanning of significant (e.g., non-zero) coefficients; paragraph [0141], disclosing that scanned transform coefficients are entropy coded). At the time the application was effectively filed, it would have been obvious for a person having ordinary skill in the art to use the scan ordering of Sole in the method of claim 6 of U.S. Patent No. 11,882,315. One would have been motivated to modify claim 6 of U.S. Patent No. 11,882,315 in this manner in order to improve coding efficiency by arranging non-zero coefficients by scan order (Sole: paragraphs [0064] – [0065]). Regarding claim 7, claim 7 of U.S. Patent No. 11,882,315 discloses many of the same limitations, similar to the discussion of claim 6, above. Claim 7 of U.S. Patent No. 11,882,315 does not explicitly disclose: the coefficient information including sub-block information… the sub-block information indicating whether a sub-block in the current transform block includes at least one non-zero coefficient… encoding the current transform coefficient of the current transform block according to a diagonal scan order… wherein the absolute value information of the current transform coefficient is encoded into the bitstream in response to the sub-block information indicating that the sub-block in the current transform block includes the at least one non-zero coefficient. However, Sole discloses: the coefficient information including sub-block information (Sole: paragraphs [0080] – [0081], disclosing sub-block coefficient information)… the sub-block information indicating whether a sub-block in the current transform block includes at least one non-zero coefficient (Sole: paragraphs [0069] and [0071], disclosing scanning order to determine zero and non-zero coefficients of a sub-block)… encoding the current transform coefficient of the current transform block according to a diagonal scan order (Sole: Fig. 3, paragraphs [0069], [0079], [0122] and [0127], disclosing coding of transform coefficients according to a diagonal scan order)… wherein the absolute value information of the current transform coefficient is encoded into the bitstream in response to the sub-block information indicating that the sub-block in the current transform block includes the at least one non-zero coefficient (Sole: paragraphs [0080] – [0082], disclosing that absolute value information is encoded based on the scanning order; paragraph [0122], disclosing scanning of significant (e.g., non-zero) coefficients; paragraph [0141], disclosing that scanned transform coefficients are entropy coded). At the time the application was effectively filed, it would have been obvious for a person having ordinary skill in the art to use the scan ordering of Sole in the method of claim 7 of U.S. Patent No. 11,882,315. One would have been motivated to modify claim 7 of U.S. Patent No. 11,882,315 in this manner in order to improve coding efficiency by arranging non-zero coefficients by scan order (Sole: paragraphs [0064] – [0065]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christopher Braniff whose telephone number is (571)270-5009. The examiner can normally be reached M-F 7AM to 4PM. 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, Thai Tran can be reached at (571) 272-7382. 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. CHRISTOPHER T. BRANIFF Primary Examiner Art Unit 2484 /CHRISTOPHER BRANIFF/Primary Examiner, Art Unit 2484
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Prosecution Timeline

Jan 24, 2025
Application Filed
Jan 24, 2025
Response after Non-Final Action
Jan 27, 2026
Non-Final Rejection — §DP (current)

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Prosecution Projections

1-2
Expected OA Rounds
85%
Grant Probability
96%
With Interview (+10.2%)
2y 2m
Median Time to Grant
Low
PTA Risk
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