Prosecution Insights
Last updated: July 17, 2026
Application No. 19/087,749

ADAPTIVE SWITCHING OF COLOR SPACES, COLOR SAMPLING RATES AND/OR BIT DEPTHS

Non-Final OA §102
Filed
Mar 24, 2025
Priority
Mar 04, 2014 — nonprovisional of PCTCN2014072847 +5 more
Examiner
MATT, MARNIE A
Art Unit
Tech Center
Assignee
Microsoft Technology Licensing, LLC
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
415 granted / 469 resolved
+28.5% vs TC avg
Moderate +7% lift
Without
With
+7.2%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
16 currently pending
Career history
483
Total Applications
across all art units

Statute-Specific Performance

§101
3.7%
-36.3% vs TC avg
§103
73.7%
+33.7% vs TC avg
§102
8.7%
-31.3% vs TC avg
§112
6.9%
-33.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 469 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 . Claim Interpretation Nonfunctional Descriptive Material Claim 19 recites “One or more non-transitory computer-readable media having programmed thereon encoded data in a bitstream”. There are no recitations of a processor or other element-merely a programmed bitstream content (media having programmed thereon encoded data in a bitstream). Under MPEP 2111.05(III), this claim is merely machine-readable media. The Examiner finds that there is no disclosed or claimed functional relationship between the stored bitstream and the medium. Instead, the medium is merely a support or carrier for the bitstream being stored. Therefore, the bitstream stored should not be given patentable weight. See MPEP 2111.05 applying In re Lowry, 32 F.3d 1579, 1583-84, 32 USPQ2d 1031, 1035 (Fed. Cir. 1994); and In re Ngai, 367 F.3d 1336, 70 USPQ2d 1862 (Fed. Cir. 2004). As such, claim 19 is subject to a prior art rejection based on any non-transitory computer readable storage medium known before the earliest effective filing date of the present application. 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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this 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 §§706.02(1)(1) - 706.02(1)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-mfo-Lisp. Instant Application 19/087,749 PG PUB US 2025/0220227 2. A computer system comprising one or more processors and memory, wherein the computer system is configured to perform operations comprising: encoding a picture, including switching color spaces, color sampling rates and/or bit depths spatially and/or temporally between at least some units of the picture during the encoding, the color spaces including an RGB-type color space and a YCoCg color space, wherein the encoding further includes: for a given unit of the units of the picture, determining a prediction mode that applies for the given unit; determining whether or not a condition is satisfied, the condition depending on the prediction mode that applies for the given unit and whether the given unit has residual values; based at least in part on the condition being satisfied, setting a flag value for the given unit, the flag value indicating a selection between the RGB-type color space and the YCoCg color space for the given unit; and entropy coding the flag value using context-adaptive binary arithmetic coding; and outputting encoded data in a bitstream, the encoded data including one or more signals indicating how the color spaces, the color sampling rates and/or the bit depths switch between the at least some units of the picture, wherein the one or more signals include the flag value for the given unit as part of a syntax structure for the given unit when the prediction mode that applies for the given unit is inter or intra block copy prediction and when the given unit has residual values. 2. One or more non-transitory computer-readable media having stored thereon computer-executable instructions for causing one or more processors, when programmed thereby, to perform operations comprising: encoding a picture, including switching color spaces, color sampling rates and/or bit depths spatially and/or temporally between at least some units of the picture during the encoding, the color spaces including an RGB-type color space and a YCoCg color space, wherein the encoding further includes: for a given unit of the units of the picture, determining a prediction mode that applies for the given unit; determining whether or not a condition is satisfied, the condition depending on the prediction mode that applies for the given unit and whether the given unit has residual values; based at least in part on the condition being satisfied, setting a flag value for the given unit, the flag value indicating a selection between the RGB-type color space and the YCoCg color space for the given unit; and entropy coding the flag value using context-adaptive binary arithmetic coding; and outputting encoded data in a bitstream, the encoded data including one or more signals indicating how the color spaces, the color sampling rates and/or the bit depths switch between the at least some units of the picture, wherein the one or more signals include the flag value for the given unit as part of a syntax structure for the given unit when the prediction mode that applies for the given unit is inter or intra block copy prediction and when the given unit has residual values. 3. The computer system of claim 2, wherein the encoding further includes selecting between: for lossy coding, using color space conversion operations to switch between the RGB- type color space and the YCoCg color space; and for lossless coding, using invertible color space conversion operations to switch between the RGB-type color space and the YCoCg color space. 3. The one or more computer-readable media of claim 2, wherein the encoding further includes selecting between: for lossy coding, using color space conversion operations to switch between the RGB- type color space and the YCoCg color space; and for lossless coding, using invertible color space conversion operations to switch between the RGB-type color space and the YCoCg color space. 4. The computer system of claim 2, wherein the units of the picture are coding units. 4. The one or more computer-readable media of claim 2, wherein the units of the picture are coding units. 5. The computer system of claim 2, wherein the units of the picture are transform units. 5. The one or more computer-readable media of claim 2, wherein the units of the picture are transform units. 6. The computer system of claim 2, wherein the picture results from screen capture of a computer desktop. 6. The one or more computer-readable media of claim 2, wherein the picture results from screen capture of a computer desktop. 7. The computer system of claim 2, wherein the switching includes performing color space conversion operations between the RGB-type color space and the YCoCg color space for the given unit. 7. The one or more computer-readable media of claim 2, wherein the switching includes performing color space conversion operations between the RGB-type color space and the YCoCg color space for the given unit. 8. The computer system of claim 7, wherein the switching further includes performing right shift operations on at least some results of the color space conversion operations. 8. The one or more computer-readable media of claim 7, wherein the switching further includes performing right shift operations on at least some results of the color space conversion operations. 9. The computer system of claim 2, wherein different color components of the given unit have different bit depths 9. The one or more computer-readable media of claim 2, wherein different color components of the given unit have different bit depths. 10. The computer system of claim 2, wherein the encoding further includes: performing prediction operations for the given unit. 10. The one or more computer-readable media of claim 2, wherein the encoding further includes: performing prediction operations for the given unit. 11. One or more non-transitory computer-readable media having stored thereon computer-executable instructions for causing one or more processors, when programmed thereby, to perform operations comprising: receiving encoded data in a bitstream, the encoded data including one or more signals indicating how color spaces, color sampling rates and/or bit depths switch between at least some units of a picture, the color spaces including an RGB-type color space and a YCoCg color space, wherein the one or more signals include a flag value for a given unit of the units of the picture as part of a syntax structure for the given unit when a prediction mode that applies for the given unit is inter or intra block copy prediction and when the given unit has residual values, the flag value Page 3 of 6 having been entropy coded using context-adaptive binary arithmetic coding, and wherein the flag value indicates a selection between the RGB-type color space and the YCoCg color space for the given unit; and decoding the encoded data, including switching the color spaces, the color sampling rates and/or the bit depths spatially and/or temporally between the at least some units of the picture during the decoding, wherein the decoding further includes: for the given unit, determining the prediction mode that applies for the given unit; determining whether or not a condition is satisfied, the condition depending on the prediction mode that applies for the given unit and whether the given unit has residual values; and based at least in part on the condition being satisfied, parsing and entropy decoding the flag value. 11. In a computer system, a method comprising: receiving encoded data in a bitstream, the encoded data including one or more signals indicating how color spaces, color sampling rates and/or bit depths switch between at least some units of a picture, the color spaces including an RGB-type color space and a YCoCg color space, wherein the one or more signals include a flag value for a given unit of the units of the picture as part of a syntax structure for the given unit when a prediction mode that applies for the given unit is inter or intra block copy prediction and when the given unit has residual values, the flag value having been entropy coded using context-adaptive binary arithmetic coding, and wherein the flag value indicates a selection between the RGB-type color space and the YCoCg color space for the given unit; and decoding the encoded data, including switching the color spaces, the color sampling rates and/or the bit depths spatially and/or temporally between the at least some units of the picture during the decoding, wherein the decoding further includes: for the given unit, determining the prediction mode that applies for the given unit; determining whether or not a condition is satisfied, the condition depending on the prediction mode that applies for the given unit and whether the given unit has residual values; and based at least in part on the condition being satisfied, parsing and entropy decoding the flag value. 12. The one or more computer-readable media of claim 11, wherein the units of the picture are coding units. 12. The method of claim 11, wherein the units of the picture are coding units. 13. The one or more computer-readable media of claim 11, wherein the units of the picture are transform units. 13. The method of claim 11, wherein the units of the picture are transform units. 14. The one or more computer-readable media of claim 11, wherein the picture results from screen capture of a computer desktop. 14. The method of claim 11, wherein the picture results from screen capture of a computer desktop. 15. The one or more computer-readable media of claim 11, wherein the switching includes performing color space conversion operations between the YCoCg color space and the RGB -type color space for the given unit. 15. The method of claim 11, wherein the switching includes performing color space conversion operations between the YCoCg color space and the RGB-type color space for the given unit. 16. The one or more computer-readable media of claim 15, wherein the switching further includes performing left shift operations on at least some results of the color space conversion operations. 16. The method of claim 15, wherein the switching further includes performing left shift operations on at least some results of the color space conversion operations. 17. The one or more computer-readable media of claim 11, wherein different color components of the given unit have different bit depths. 17. The method of claim 11, wherein different color components of the given unit have different bit depths. 18. The one or more computer-readable media of claim 11, wherein the decoding further includes: performing prediction operations for the given unit. 18. The method of claim 11, wherein the decoding further includes: performing prediction operations for the given unit. 19. One or more non-transitory computer-readable media having programmed thereon encoded data in a bitstream, the encoded data including one or more signals indicating how color spaces, color sampling rates and/or bit depths switch between at least some units of a picture, the color spaces including an RGB-type color space and a YCoCg color space, wherein the one or more signals include a flag value for a given unit of the units of the picture as part of a syntax structure for the given unit when a prediction mode that applies for the given unit is inter or intra block copy prediction and when the given unit has residual values, the flag value having been entropy coded using context-adaptive binary arithmetic coding, and wherein the flag value indicates a selection between the RGB-type color space and the YCoCg color space for the given unit, the encoded data having been produced by a computer system that performs encoding by operations that include switching the color spaces, the color sampling rates and/or the bit depths spatially and/or temporally between the at least some units of the picture during the encoding, and wherein the operations further include: for the given unit, determining the prediction mode that applies for the given unit; determining whether or not a condition is satisfied, the condition depending on the prediction mode that applies for the given unit and whether the given unit has residual values; based at least in part on the condition being satisfied, setting the flag value for the given unit; and entropy coding the flag value using context-adaptive binary arithmetic coding. 19. One or more non-transitory computer-readable media having programmed thereon encoded data in a bitstream, the encoded data including one or more signals indicating how color spaces, color sampling rates and/or bit depths switch between at least some units of a picture, the color spaces including an RGB-type color space and a YCoCg color space, wherein the one or more signals include a flag value for a given unit of the units of the picture as part of a syntax structure for the given unit when a prediction mode that applies for the given unit is inter or intra block copy prediction and when the given unit has residual values, the flag value having been entropy coded using context-adaptive binary arithmetic coding, and wherein the flag value indicates a selection between the RGB-type color space and the YCoCg color space for the given unit, the encoded data being usable to cause one or more processors to perform decoding by operations that include switching the color spaces, the color sampling rates and/or the bit depths spatially and/or temporally between the at least some units of the picture during the decoding, and wherein the operations further include: for the given unit, determining the prediction mode that applies for the given unit; determining whether or not a condition is satisfied, the condition depending on the prediction mode that applies for the given unit and whether the given unit has residual values; and based at least in part on the condition being satisfied, parsing and entropy decoding the flag value. 20. The one or more computer-readable media of claim 19, wherein the units of the picture are transform units. 20. The one or more computer-readable media of claim 19, wherein the units of the picture are transform units. 21. The one or more computer-readable media of claim 19, wherein the switching includes performing color space conversion operations between the YCoCg color space and the RGB-type color space for the given unit. 21. The one or more computer-readable media of claim 19, wherein the switching includes performing color space conversion operations between the YCoCg color space and the RGB-type color space for the given unit. Claims 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2-21 of U.S. PG PUB US 2025/0220227. Although the claims at issue are not identical, they are not patentably distinct from each other because most of the limitations of the instant application are similarly recited in the cited patent documents. A close look at the instant application will show that claim 2, for example, calls for [a] computer system comprising one or more processors and memory, wherein the computer system is configured to perform operations comprising: encoding a picture, including switching color spaces, color sampling rates and/or bit depths spatially and/or temporally between at least some units of the picture during the encoding, the color spaces including an RGB-type color space and a YCoCg color space, wherein the encoding further includes: for a given unit of the units of the picture, determining a prediction mode that applies for the given unit; determining whether or not a condition is satisfied, the condition depending on the prediction mode that applies for the given unit and whether the given unit has residual values; based at least in part on the condition being satisfied, setting a flag value for the given unit, the flag value indicating a selection between the RGB-type color space and the YCoCg color space for the given unit; and entropy coding the flag value using context-adaptive binary arithmetic coding; and outputting encoded data in a bitstream, the encoded data including one or more signals indicating how the color spaces, the color sampling rates and/or the bit depths switch between the at least some units of the picture, wherein the one or more signals include the flag value for the given unit as part of a syntax structure for the given unit when the prediction mode that applies for the given unit is inter or intra block copy prediction and when the given unit has residual values. As evidence shows, the differences between the claims of the instant application and the claims of cited PG PUB US 2025/0220227 do not rise to the patentability level. 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) 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated TOURAPIS (US 2017/0347097). Claim 19 has been interpreted above as nonfunctional descriptive material under MPEP 2111.05(III) and the case law cited therein because claim 19 recites “One or more non-transitory computer-readable media having programmed thereon encoded data in a bitstream”. As such, claim 19 is subject to a prior art rejection based on any non-transitory computer readable storage medium known before the earliest effective filing date of the present application. In other words, the proper interpretation of claim 19 is merely a machine-readable media in which the media is merely a support or carrier for the bitstream being stored wherein the bitstream stored and the way such bitstream is generated should not be given patentable weight. Conclusion Prior art not relied upon: Please refer to the references listed in an attached PTO-892 and that are not relied upon for the claim rejections detailed above. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. In particular: TOURAPIS (US 2014/0355897) teaches adaptive color space transforming; KIM et al., (US 2014/0376611) teaches adaptive color transforms for video coding; DESHPANDE et al., (US 2014/0301478) teaches video compression with color bit depth scaling; KOTTKE (US 2013/0083855) teaches adaptive color space selection for high quality video compression; and SUN (US 2005/0259730) teaches video coding with residual color conversion using reversible YCoCg. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Marnie Matt whose telephone number is (303)297-4255. The examiner can normally be reached on Monday - Friday, 8:30-5:00. 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, Jay Patel can be reached on 571-272-2988. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MARNIE A MATT/Primary Examiner, Art Unit 2485
Read full office action

Prosecution Timeline

Mar 24, 2025
Application Filed
Jun 04, 2026
Non-Final Rejection mailed — §102 (current)

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Prosecution Projections

1-2
Expected OA Rounds
88%
Grant Probability
96%
With Interview (+7.2%)
2y 1m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 469 resolved cases by this examiner. Grant probability derived from career allowance rate.

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