Prosecution Insights
Last updated: July 17, 2026
Application No. 19/220,770

Video Encoding Method and Related Apparatus

Non-Final OA §102
Filed
May 28, 2025
Priority
Nov 29, 2022 — CN 202211511315.3 +2 more
Examiner
MUNG, ON S
Art Unit
Tech Center
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
1y 7m
Est. Remaining
84%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
528 granted / 704 resolved
+15.0% vs TC avg
Moderate +9% lift
Without
With
+8.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
20 currently pending
Career history
727
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
64.7%
+24.7% vs TC avg
§102
22.0%
-18.0% vs TC avg
§112
1.9%
-38.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 704 resolved cases

Office Action

§102
CTNF 19/220,770 CTNF 87558 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority 2. This is a continuation of International Patent Application No. PCT/CN2023/105880 filed on Jul. 5, 2023, which claims priority to Chinese Patent Application No. 202211511315.3 filed on Nov. 29, 2022 and Chinese Patent Application No. 202310165064.6 filed on Feb. 24, 2023. All of the aforementioned patent applications are hereby incorporated by reference in their entireties. Information Disclosure Statement 3. The information disclosure statements (IDS) were submitted on 06/27/2025, 03/03/2026. The submissions are in compliance with the provisions of 37 CFR § 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 4. 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 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. 07-07-aia AIA 07-07 5. 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 – 07-08-aia AIA (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. 07-12-aia AIA (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. 07-15 AIA 6. Claim s 1- 20 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Jin et al. (US 6 959 044 B1) (hereinafter Jin) (cited by IDS) . Regarding claim 1, Jin discloses a method (e.g., see abstract; Fig. 1-4b) comprising: performing scene detection on a current frame of picture to obtain a scene status of the current frame (e.g., see Figs. 4b, step 112, 116, 120, column 7 line 39 to column 8 line 15: determining type of the scene change) ; determining, based on the scene status, a reference frame structure corresponding to the current picture, wherein the reference frame structure indicates a first reference frame of of the current frame and an encoding layer of the current frame; and (e.g., see Figs. 4b, step 114, 116, 122, 124, column 7 line 39 to column 8 line 15: determining GOP type based on the scene transition) encoding, based on the reference frame structure, the current frame into a bit stream (e.g., see Figs. 1, 4b, column 3 line 9 to column 41: encoding video image; column 4 lines 30-48) . Regarding claim 2, Jin discloses the method of claim 1, wherein performing the scene detection comprises: calculating a frame difference between the current frame of picture and a base frame of the picture, wherein the base frame precedes the current frame has a last occurrence of scene switching (e.g., see Figs. 4b, column 7 line 39 to column 8 line 15: the scene change; column 6, lines 1-30: "Pixel comparison evaluates the differences in intensity or color values of corresponding pixels in two successive frames. The simplest method is to calculate the absolute sum of the pixel differences and compare it against a threshold) ; and determining that the scene status is a stable scene when the frame difference isnot less than frame difference threshold, wherein determining the reference frame structure comprises determining, based on that the scene status being the stable scene (e.g., see Figs. 4b, column 7 line 39 to column 8 line 15: the scene change; column 6, lines 1-30) , that the reference frame structure is a hierarchical reference structure or an I-frame, P-frame, P-frame, P-frame (IPPP) structure (e.g., see Fig. 2, column 4 lines 3-67: I-frame, P-frame) . Regarding claim 3, Jin discloses the method of claim 1, wherein performing the scene detection comprises: calculating a first frame difference between the current frame and a base frame of the picture, wherein the base frame precedes the current frame has a last occurrence of scene switching (e.g., see Figs. 4b, column 7 line 39 to column 8 line 15: the scene change) ; calculating a second frame difference between the current frame and a window end frame of the picture, wherein the window end frame and the current frame picture are in a detection window, and wherein the window end frame of picture is a last frame of the picture in the detection window (e.g., see Figs. 4b, column 7 line 39 to column 8 line 15: Step 110 moves to step 112 where a test is made to determine if the scene change is a scene cut. If a scene cut is detected, the current frame is the first frame of a new scene. This situation is handled by coding the current frame as an I frame and the previous frame as a P-frame to reset the prediction dependencies . ...At step 116 a test is made to determine if a dissolve has been detected. If a dissolve is detected, processing moves to step 118 and the current frame is encoded as a B frame instead of a P or I frame .... At step 120 a test is made to determine if a fade has been detected, a frame (within the fades) with the lowest complexity is chosen as an I frame) ; and determining that the scene status is a scene switch when the first frame difference is greater than a first frame difference threshold, and the second frame difference is not greater than a second frame difference threshold (e.g., see column 6, lines 1-30: "Pixel comparison evaluates the differences in intensity or color values of corresponding pixels in two successive frames. The simplest method is to calculate the absolute sum of the pixel differences and compare it against a threshold. A scene cut is detected if the difference is above the threshold) , wherein determining the reference frame structure comprises determining, based on the scene status being the scene switching, that the reference frame structure is a hierarchical reference structure or an I-frame, P-frame, P-frame, P-frame (IPPP) structure) (e.g., see Fig. 2, column 4 lines 3-67: I-frame, P-frame). Regarding claim 4, Jin discloses the method of claim 1, wherein performing the scene detection comprises: calculating a first frame difference between the current frame and a base frame of the picture, wherein the base frame precedes the current frame has a last occurrence of scene switching (e.g., see Figs. 1, 4b, column 3 line 9 to column 41: encoding video image; column 4 lines 30-48) ; calculating a second frame difference between the current frame and a window end frame of the picture, wherein the window end frame and the current frame picture are in a detection window, and wherein the window end frame is a last frame of the picture in the detection window; calculating a third frame difference between the base frame and the window end frame (e.g., see Figs. 4b, column 7 line 39 to column 8 line 15: Step 110 moves to step 112 where a test is made to determine if the scene change is a scene cut. If a scene cut is detected, the current frame is the first frame of a new scene. This situation is handled by coding the current frame as an I frame and the previous frame as a P-frame to reset the prediction dependencies) ; and determining that the scene status is a scene flickering when the first frame difference is greater than a first frame difference threshold, the second frame difference is greater than a second frame difference threshold, and the third frame difference is less than or equal to a third frame difference threshold (e.g., see column 6, lines 1-30: "Pixel comparison evaluates the differences in intensity or color values of corresponding pixels in two successive frames. The simplest method is to calculate the absolute sum of the pixel differences and compare it against a threshold. A scene cut is detected if the difference is above the threshold) , wherein determining the reference frame structure comprises determining, based on the scene status being the scene flickering, that the reference frame structure is an I-frame, P-frame, P-frame, P-frame (IPPP) structure (e.g., see Fig. 2, column 4 lines 3-67: I-frame, P-frame) . Regarding claim 5 . Jin discloses the method of claim 1, wherein performing the scene detection comprises: calculating a first frame difference between the current frame and a base frame of the picture, wherein the base frame precedes the current frame and has a last occurrence of scene switching (e.g., see Figs. 1, 4b, column 3 line 9 to column 41: encoding video image; column 4 lines 30-48; column 7 lines 30 to column 8 line 17: encoding current frame) ; calculating a second frame difference between the current frame and a window end frame of the picture, wherein the window end frame and the current frame picture are in a detection window, and wherein the window end frame is a last frame of the picture in the detection window (e.g., see Figs. 4b, column 7 line 39 to column 8 line 15: Step 110 moves to step 112 where a test is made to determine if the scene change is a scene cut. If a scene cut is detected, the current frame is the first frame of a new scene. This situation is handled by coding the current frame as an I frame and the previous frame as a P-frame to reset the prediction dependencies) ; calculating a third frame difference between the base frame and the window end frame; and determining that the scene status is a frequent scene switching when the first frame difference is greater than a first frame difference threshold, the second frame difference is greater than a second frame difference threshold, and the third frame difference is greater than a third frame difference threshold (e.g., see column 6, lines 1-30: "Pixel comparison evaluates the differences in intensity or color values of corresponding pixels in two successive frames. The simplest method is to calculate the absolute sum of the pixel differences and compare it against a threshold. A scene cut is detected if the difference is above the threshold) , wherein determining the reference frame structure comprises determining, based on the scene status being the frequent scene switching, that the reference frame structure is an I-frame, P-frame, P-frame, P-frame (IPPP) structure (e.g., see Fig. 2, column 4 lines 3-67: I-frame, P-frame) . Regarding claim 6, Jin discloses the method of claim 2, further comprising: calculating a movement complexity of the current frame; and determining, based on the movement complexity, the encoding layer of the hierarchical reference structure corresponding to the current frame see (e.g., see column 5, lines 32-41: "Dynamic GOP coding requires sensitivity to different types of scene changes such as scene cut, dissolves and fades. Intuitively, high. motion requires more frequent placement of reference P frames to uphold quality. Low motion, on the other hand, allows laraer distances between P frames since the correlation remains high over a larger span of frames. The frames in between P frames are coded as B frames. Scene cuts or scene changes require prediction dependencies to be reset to I frames as the next frame cannot be predicted). Regarding claim 7, Jin discloses the method of claim 6, wherein determining the encoding layer comprises: determining that the encoding layer is a first layer when the movement complexity is greater less-than a first complexity threshold (see abstract, column 2 lines 26-37, column 9 lines 29-55: complexity) ; determining that the encoding layer is a second layer when the movement complexity is greater than or equal to the first complexity threshold and is less than a second complexity threshold, wherein the second complexity threshold is greater than the first complexity threshold; and determining that the encoding layer is a third layer when the movement complexity is less than or equal to the second complexity threshold (e.g., see column 6, lines 1-30: "Pixel comparison evaluates the differences in intensity or color values of corresponding pixels in two successive frames. The simplest method is to calculate the absolute sum of the pixel differences and compare it against a threshold. A scene cut is detected if the difference is above the threshold) . Regarding claim 8, Jin discloses the method of claim 2, further comprising: obtaining a current network status and a current network bandwidth; and determining, based on the current network status and the current network bandwidth, the encoding layer of the hierarchical reference structure corresponding to the current frame (e.g., see column 1 lines 20-57, column 3 lines 1-25: transmission and reception) . Regarding claim 9, Jin discloses the method of claim 8, wherein the encoding layer comprises determining the encoding layer based on the current network bandwidth (e.g., see column 1 lines 20-57, column 3 lines 1-25: transmission and reception) , a first bandwidth threshold, and a second bandwidth threshold when the current network status is a congested network, and wherein the second bandwidth threshold is greater than the first bandwidth threshold (e.g., see column 6, lines 1-30: "Pixel comparison evaluates the differences in intensity or color values of corresponding pixels in two successive frames. The simplest method is to calculate the absolute sum of the pixel differences and compare it against a threshold. A scene cut is detected if the difference is above the threshold) . Regarding claim 10, Jin discloses the method of claim 9, wherein determining the encoding layer further comprises: determining that the encoding layer is a first layer when the current network bandwidth (e.g., see column 1 lines 20-57, column 3 lines 1-25: transmission and reception) is greater than the second bandwidth threshold (e.g., see column 6, lines 1-30: The simplest method is to calculate the absolute sum of the pixel differences and compare it against a threshold. A scene cut is detected if the difference is above the threshold) ; determining that the encoding layer is a second layer when the current network bandwidth is greater than or equal to the first bandwidth threshold and is less than the second bandwidth threshold; and determining that the encoding layer is a third layer when the current network bandwidth is less than or equal to the first bandwidth threshold (e.g., see column 6, lines 1-30: "Pixel comparison evaluates the differences in intensity or color values of corresponding pixels in two successive frames. The simplest method is to calculate the absolute sum of the pixel differences and compare it against a threshold. A scene cut is detected if the difference is above the threshold) . Regarding claim 11, Jin discloses the method of claim 9, further comprising: obtaining a movement complexity corresponding to the current frame when the current network status is a smooth network (e.g., see column 1 lines 20-57, column 3 lines 1-25: transmission and reception) ; and determining, based on the movement complexity, the encoding layer (see abstract, column 2 lines 26-37, column 9 lines 29-55: complexity) . Regarding claim 12, Jin discloses the method of claim 2, further comprising determining that the first reference frame is a latest frame of the picture that precedes the current frame, that is capable of being used as a second reference frame, and that comprises another encoding layer less than or equal the to the encoding layer of the current frame (e.g., see Figs. 1, 4b, column 3 line 9 to column 41: encoding video image; column 4 lines 30-48; column 7 lines 30 to column 8 line 17: encoding current frame and reference frame) . Regarding claim 13, Jin discloses the method of claim 3, further comprising determining that the first reference frame is a latest frame of the picture that precedes the current frame and that is capable of being used as a second reference frame (e.g., see Figs. 1, 4b, column 3 line 9 to column 41: encoding video image; column 4 lines 30-48; column 7 lines 30 to column 8 line 17: encoding current frame and reference frame) . Regarding claim 14, Jin discloses the method of claim 1, wherein after determining the a reference frame structure, the method further comprises: performing frame discarding on the current frame of picture based on the encoding layer (e.g., see Figs. 1, 4b, column 3 line 9 to column 41: encoding video image; column 4 lines 30-48; column 7 lines 30 to column 8 line 17: encoding current frame and reference frame) and the scene status and/or a network status (e.g., see column 1 lines 20-57, column 3 lines 1-25: transmission and reception) . Regarding claim 15, this claim is an apparatus claim of a method version as applied to claim 1 above, wherein the system performs the same limitations cited in claim 1, the rejections of which are incorporated herein. Furthermore, Jin discloses the apparatus for encoding/decoding (see Figs. 1, 5b, 6). Regarding claim 16, it contains the limitations of claims 2 and 15, and is analyzed as previously discussed with respect to those claims. Regarding claim 17, it contains the limitations of claims 3 and 15, and is analyzed as previously discussed with respect to those claims. Regarding claim 18, it contains the limitations of claims 4 and 15, and is analyzed as previously discussed with respect to those claims. Regarding claim 19, it contains the limitations of claims 5 and 15, and is analyzed as previously discussed with respect to those claims. Regarding claim 20, it contains the limitations of claims 6 and 16, and is analyzed as previously discussed with respect to those claims. Conclusion 7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ON MUNG whose telephone number is (571) 270-7557 and whose direct fax number is (571) 270-8557. The examiner can normally be reached on Mon-Fri 9am - 6pm (ET). If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JAMIE ATALA can be reached on (571)272-7384 . 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. /ON S MUNG/Primary Examiner, Art Unit 2486 Application/Control Number: 19/220,770 Page 2 Art Unit: 2486 Application/Control Number: 19/220,770 Page 3 Art Unit: 2486 Application/Control Number: 19/220,770 Page 4 Art Unit: 2486 Application/Control Number: 19/220,770 Page 5 Art Unit: 2486 Application/Control Number: 19/220,770 Page 6 Art Unit: 2486 Application/Control Number: 19/220,770 Page 7 Art Unit: 2486 Application/Control Number: 19/220,770 Page 8 Art Unit: 2486 Application/Control Number: 19/220,770 Page 9 Art Unit: 2486 Application/Control Number: 19/220,770 Page 10 Art Unit: 2486 Application/Control Number: 19/220,770 Page 11 Art Unit: 2486 Application/Control Number: 19/220,770 Page 12 Art Unit: 2486 Application/Control Number: 19/220,770 Page 13 Art Unit: 2486
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Prosecution Timeline

May 28, 2025
Application Filed
Jun 19, 2025
Response after Non-Final Action
Jun 17, 2026
Non-Final Rejection mailed — §102 (current)

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Prosecution Projections

1-2
Expected OA Rounds
75%
Grant Probability
84%
With Interview (+8.7%)
2y 9m (~1y 7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 704 resolved cases by this examiner. Grant probability derived from career allowance rate.

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