Prosecution Insights
Last updated: October 02, 2026
Application No. 19/285,029

IMAGE CODING METHOD AND DEVICE THEREFOR

Non-Final OA §102§DOUBLEPATENT
Filed
Jul 30, 2025
Priority
May 11, 2020 — provisional 63/023,229 +2 more
Examiner
KIR, ALBERT
Art Unit
Tech Center
Assignee
LG Electronics Inc.
OA Round
1 (Non-Final)
68%
Grant Probability
Favorable
1-2
OA Rounds
1y 6m
Est. Remaining
85%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
360 granted / 529 resolved
+8.1% vs TC avg
Strong +17% interview lift
Without
With
+16.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
27 currently pending
Career history
557
Total Applications
across all art units

Statute-Specific Performance

§101
7.4%
-32.6% vs TC avg
§103
49.8%
+9.8% vs TC avg
§102
20.5%
-19.5% vs TC avg
§112
14.6%
-25.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 529 resolved cases

Office Action

§102 §DOUBLEPATENT
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This office action is a response to an application filed on 07/30/2025, in which claims 1-13 are pending and ready for examination. Priority Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). Information Disclosure Statement The information disclosure statement (IDS) submitted was filed before the mailing date of the Office Action on the merits. The submission 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 §§ 706.02(l)(1) - 706.02(l)(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/patent/patents-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 www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp. Claims 1-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 of U.S. Patent No. US 12445619 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the reason the reason indicated below. Instant – 19/285,029 US 12445619 B2 Claim 1 - An image decoding method performed by a decoding apparatus, the method comprising: obtaining image information comprising intra prediction type information and residual information from a bitstream, the intra prediction type information comprising an intra MIP syntax element for a first coding block, the intra MIP syntax element indicating whether matrix- based intra prediction is applied to the first coding block; Claim 1 - An image decoding method performed by a decoding apparatus, the method comprising: obtaining image information comprising intra prediction type information from a bitstream, the intra prediction type information comprising an intra MIP syntax element for a first coding block, the intra MIP syntax element indicating whether matrix-based intra prediction is applied to the first coding block; decoding the intra MIP syntax element; setting MIP flag variables for all of samples in the first coding block based on a value of the intra MIP syntax element, respectively, the MIP flag variables corresponding to sample positions of all of the samples in the first coding block, respectively, and the MIP flag variables being set for all of the samples in the first coding block based on a tree type of the first coding block being not a dual tree chroma, respectively; setting MIP flag variables for all of samples in the first coding block based on a value of the decoded intra MIP syntax element, respectively, the MIP flag variables corresponding to sample positions of all of the samples in the first coding block, respectively, and the MIP flag variables being set for all of the samples in the first coding block based on a tree type of the first coding block being not a dual tree chroma, respectively; deriving an intra prediction mode for a second coding block based on one of the MIP flag variables; deriving an intra prediction mode for a second coding block based on one of the MIP flag variables; deriving prediction samples for the second coding block based on the intra prediction mode for the second coding block; deriving prediction samples for the second coding block based on the intra prediction mode for the second coding block; deriving transform coefficient information based on the residual information; and generating a reconstructed block based on the prediction samples and the transform coefficient information. generating a reconstructed block based on the prediction samples. Claim 2 - the first coding block is a neighboring block of the second coding block, and wherein deriving the intra prediction mode for the second coding block comprises: deriving a candidate intra prediction mode based on the one of the MIP flag variables; and deriving the intra prediction mode for the second coding block based on the candidate intra prediction mode. Claim 2 - the first coding block is a neighboring block of the second coding block, and wherein deriving the intra prediction mode for the second coding block comprises: deriving a candidate intra prediction mode based on the one of the MIP flag variables; and deriving the intra prediction mode for the second coding block based on the candidate intra prediction mode. Claim 3 - in response to the first coding block being a left neighboring block adjacent to the second coding block, the one of the MIP flag variables is representative of an MIP flag variable corresponding to a sample position of (xCb - 1, yCb + cbHeight - 1), and wherein (xCb, yCb) is a top-left sample position of the second coding block, and cbHeight indicates a height of the second coding block. Claim 3 - in response to the first coding block being a left neighboring block adjacent to the second coding block, the one of the MIP flag variables is representative of an MIP flag variable corresponding to a sample position of (xCb−1, yCb+cbHeight−1), and wherein (xCb, yCb) is a top-left sample position of the second coding block, and cbHeight indicates a height of the second coding block. Claim 4 - in response to the first coding block being a top neighboring block adjacent to the second coding block, the one of the MIP flag variables is representative of an MIP flag variable corresponding to a sample position of (xCb + cbWidth - 1, yCb -1), and wherein (xCb, yCb) is a top-left sample position of the second coding block, and cbWidth indicates a width of the second coding block. Claim 4 - in response to the first coding block being a top neighboring block adjacent to the second coding block, the one of the MIP flag variables is representative of an MIP flag variable corresponding to a sample position of (xCb+cbWidth−1, yCb−1), and wherein (xCb, yCb) is a top-left sample position of the second coding block, and cb Width indicates a width of the second coding block. Claim 5 - the first coding block is representative of a luma block and the second coding block is representative of a chroma block corresponding to the first coding block, and wherein deriving the intra prediction mode for the second coding block comprises: deriving a corresponding luma intra prediction mode for the first coding block based on the one of the MIP flag variables; and deriving the intra prediction mode for the second coding block based on the corresponding luma intra prediction mode. Claim 5 - the first coding block is representative of a luma block and the second coding block is representative of a chroma block corresponding to the first coding block, and wherein deriving the intra prediction mode for the second coding block comprises: deriving a corresponding luma intra prediction mode for the first coding block based on the one of the MIP flag variables; and deriving the intra prediction mode for the second coding block based on the corresponding luma intra prediction mode. Claim 6 - in response to a tree type of the second coding block being not a single tree or a chroma array type thereof being not 3, the corresponding luma intra prediction mode is derived based on an MIP flag variable corresponding to a sample position of (xCb + cbWidth / 2, yCb + cbHeight / 2) among the MIP flag variables, and wherein (xCb, yCb) indicates a top-left sample position of the chroma block, cbWidth indicates a width of the luma block, and cbHeight indicates a height of the luma block. Claim 6 - in response to a tree type of the second coding block being not a single tree or a chroma array type thereof being not 3, the corresponding luma intra prediction mode is derived based on an MIP flag variable corresponding to a sample position of (xCb+cbWidth/2, yCb+cbHeight/2) among the MIP flag variables, and wherein (xCb, yCb) indicates a top-left sample position of the chroma block, cbWidth indicates a width of the luma block, and cbHeight indicates a height of the luma block. Claim 13 - A method comprising: generating a bitstream based on image information including an intra MIP syntax element indicating whether matrix-based intra prediction is applied to a first coding block, MIP flag variables for all of samples in the first coding block being set based on whether the matrix-based intra prediction is applied to the first coding block, respectively, Claim 13 - A method comprising: generating a bitstream based on image information including an intra MIP syntax element for a first coding block, MIP flag variables for all of samples in the first coding block being set based on a value of the intra MIP syntax element, respectively, the MIP flag variables corresponding to sample positions of all of the samples in the first coding block, respectively, and the MIP flag variables corresponding to sample positions of all of the samples in the first coding block, respectively, and the MIP flag variables being set for all of the samples in the first coding block, respectively, based on a tree type of the first coding block being not a dual tree chroma; and the MIP flag variables being set for all of the samples in the first coding block, respectively, based on a tree type of the first coding block being not a dual tree chroma; and transmitting the data comprising the bitstream, transmitting the data comprising the bitstream, wherein an intra prediction mode for a second coding block is determined based on one of the MIP flag variables, wherein an intra prediction mode for a second coding block is determined based on one of the MIP flag variables, wherein residual samples for the second coding block based on prediction samples for the second coding block, the prediction samples being obtained based on the intra prediction mode for the second coding block, wherein residual samples for the second coding block based on prediction samples for the second coding block, the prediction samples being obtained based on the intra prediction mode for the second coding block, wherein transform coefficient information is generated based on the residual samples, wherein the bitstream is generated from the image information further including the transform coefficient information. wherein transform coefficient information is generated based on the residual samples, wherein the bitstream is generated from the image information further including the transform coefficient information. Although the conflicting claims are not identical, they are not patentably distinct from each other, because claims 1-6 of the instant application differs from claims 1-6 of US 12445619 B2 in that the instant application recites commonly known and routinely performed steps of “deriving transform coefficient information based on the residual information” and “generating a reconstructed block based on the prediction samples and the transform coefficient information” while the claims in US 12445619 B2 do not explicitly recite such steps. However, it would have been obvious to a person with ordinary skill in the pertinent art at the time of the invention to recognize that such processing steps are commonly known and routinely performed as a part of video coding process, and do not render the claim scope distinct from the claims in US 12445619 B2. Claims 7-11 are directed to an image encoding method performed by an encoding apparatus, the method comprising a sequence of processing steps that are in reverse/reciprocal manner with the steps corresponding to the same as claimed in claims 1-6, and are non-patentable for the same reason as previously indicated. Claim 12 is directed to a non-transitory computer-readable digital storage medium for storing a bitstream generated by the image encoding method, comprising sequence for processing steps that are in reverse/reciprocal manner with the steps corresponding to the same as claimed in claim 1, and is non-patentable for the same reason as previously indicated. Although the conflicting claims are not identical, they are not patentably distinct from each other, because claim 13 of the instant application differs from claim 13 of US 12445619 B2 in that the instant application recites steps of “MIP syntax element indicating whether matrix-based intra prediction is applied to a first coding block” while the claims in US 12445619 B2 do not explicitly recite such steps. However, it would have been obvious to a person with ordinary skill in the pertinent art at the time of the invention to recognize that such processing steps simply outline the commonly known use of MIP and do not render the claim scope distinct from the claims in US 12445619 B2. 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 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)(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. Claim 12 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Pham Van (US Pub. 20200404324 A1). Regarding claim 12, Pham Van discloses a non-transitory computer-readable digital storage medium for storing a bitstream generated by the image encoding method of claim 7 (Pare. [0035-37]. A non-transitory computer readable digital storage medium is intended for storing a bitstream.). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Deng (US Pub. 20220264124 A1) teaches a video coding system that performs syntax signaling and parsing based on color components. Chen (US Pub. 20240022732 A1) teaches a video coding system that performs weight derivation of multiple reference line for intra prediction fusion. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALBERT KIR whose telephone number is (571)272-6245. The examiner can normally be reached Monday - Friday, 8:30am - 5:00pm. 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 at (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 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. /ALBERT KIR/Primary Examiner, Art Unit 2485
Read full office action

Prosecution Timeline

Jul 30, 2025
Application Filed
Sep 23, 2026
Non-Final Rejection mailed — §102, §DOUBLEPATENT (current)

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Prosecution Projections

1-2
Expected OA Rounds
68%
Grant Probability
85%
With Interview (+16.7%)
2y 8m (~1y 6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 529 resolved cases by this examiner. Grant probability derived from career allowance rate.

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