Prosecution Insights
Last updated: October 02, 2026
Application No. 19/093,892

IMAGE DECODING METHOD FOR DERIVING PREDICTED SAMPLE BY USING MERGE CANDIDATE AND DEVICE THEREFOR

Non-Final OA §DP
Filed
Mar 28, 2025
Priority
Jun 24, 2019 — provisional 62/865,957 +4 more
Examiner
ABOUZAHRA, HESHAM K
Art Unit
Tech Center
Assignee
LG Electronics Inc.
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
84%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
347 granted / 426 resolved
+21.5% vs TC avg
Minimal +2% lift
Without
With
+2.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
20 currently pending
Career history
454
Total Applications
across all art units

Statute-Specific Performance

§101
2.3%
-37.7% vs TC avg
§103
60.9%
+20.9% vs TC avg
§102
20.8%
-19.2% vs TC avg
§112
6.6%
-33.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 426 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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on10/07/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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 1-9 of U.S. Patent No. US11539941B2 in view of Chen (US 20190230350 A1) for disclosing the same image decoding/encoding method performed by a decoding/encoding apparatus and transmission method, see table below for details. Instant Application US11539941B2 Claims 1-3. An image decoding/encoding method performed by a decoding/encoding apparatus and transmission method, the method comprising: 1. An image decoding method performed by a decoding apparatus, the method comprising: acquiring image information including inter-prediction mode information and acquiring image information including inter-prediction mode information through a bitstream; generating residual samples based on the residual information; Chen: [0031] The residual transform coefficients are sent to inverse quantization unit 210 and inverse transform unit 212 to reconstruct the residual block. generating a subblock merge candidate list of a current block based on the inter-prediction mode information; generating a subblock merge candidate list of a current block based on the inter-prediction mode information; selecting one candidate among candidates included in the subblock merge candidate list; selecting one candidate among candidates included in the subblock merge candidate list; and generating prediction samples of the current block based on motion information for the selected candidate and a weight index for the selected candidate; and generating prediction samples of the current block based on motion information for the selected candidate and a weight index for the selected candidate, generating reconstructed samples based on the residual samples and the prediction samples, Chen: [0031] The prediction block and the residual block are then added together at 226. The reconstructed block may further go through in-loop filtering before it is stored in reference picture store 264. The reconstructed video in reference picture store is then sent out to drive a display device, as well as used to predict future video blocks. wherein the subblock merge candidate list comprises a constructed affine merge candidate, wherein the subblock merge candidate list comprises a constructed affine merge candidate, wherein the constructed affine merge candidate is generated based on at least two of a control point CP0 related to a top-left corner of the current block, a control point CP1 related to a top-right corner of the current block, a control point CP2 related to a bottom-left corner of the current block, and a control point CP3 related to a bottom-right corner of the current block, wherein the constructed affine merge candidate is generated based on at least two of a control point CP0 related to a top-left corner of the current block, a control point CP1 related to a top-right corner of the current block, a control point CP2 related to a bottom-left corner of the current block, and a control point CP3 related to a bottom-right corner of the current block, wherein based on a case that the constructed affine merge candidate is generated based on {CP0, CP2, CP3}, a weight index for the constructed affine merge candidate is equal to a weight index for the CP0, wherein based on a case that the constructed affine merge candidate is generated based on {CP0, CP2, CP3}, a weight index for the constructed affine merge candidate is equal to a weight index for the CP0, wherein based on a case that the constructed affine merge candidate is generated based on {CP1, CP2, CP3}, the weight index for the constructed affine merge candidate is equal to a weight index for the CP1, wherein based on a case that the constructed affine merge candidate is generated based on {CP1, CP2, CP3}, the weight index for the constructed affine merge candidate is equal to a weight index for the CP1, wherein the subblock merge candidate list comprises a subblock-based temporal merge candidate, and wherein the subblock merge candidate list comprises a subblock-based temporal merge candidate, and wherein a value of a weight index for the subblock-based temporal merge candidate is derived as zero (0). wherein a value of a weight index for the subblock-based temporal merge candidate is derived as zero (0). 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 Chen and apply them to US11539941B2. One would be motivated as such as to obtain a reconstructed block that is identical to or approximates the original input block. 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

Mar 28, 2025
Application Filed
Aug 10, 2026
Non-Final Rejection mailed — §DP (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12744944
MACHINE LEARNING NETWORKS FOR HYBRID VIDEO COMPRESSION AND CORRESPONDING DECOMPRESSION
2y 3m to grant Granted Sep 22, 2026
Patent 12739385
METHODS AND NON-TRANSITORY COMPUTER READABLE STORAGE MEDIUM FOR SPATIAL RESAMPLING TOWARDS MACHINE VISION
2y 5m to grant Granted Sep 15, 2026
Patent 12732618
METHOD AND APPARATUS FOR VIDEO CODING USING MOTION VECTOR DIFFERENCE DERIVATION
2y 1m to grant Granted Sep 08, 2026
Patent 12732621
IMAGE ENCODING/DECODING METHOD AND APPARATUS, AND RECORDING MEDIUM FOR STORING BITSTREAM
1y 7m to grant Granted Sep 08, 2026
Patent 12713004
BILATERAL MATCHING AND DECODER SIDE MOTION VECTOR REFINEMENT WITH OUT-OF-FRAME BOUNDARY CONDITION
2y 5m to grant Granted Aug 18, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
82%
Grant Probability
84%
With Interview (+2.0%)
2y 4m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 426 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month