Prosecution Insights
Last updated: October 25, 2026
Application No. 19/301,401

IMAGE ENCODING/DECODING METHOD AND DEVICE FOR DETERMINING DIVISION MODE ON BASIS OF COLOR FORMAT, AND METHOD FOR TRANSMITTING BITSTREAM

Non-Final OA §DOUBLEPATENT
Filed
Aug 15, 2025
Priority
Sep 25, 2019 — provisional 62/905,408 +4 more
Examiner
BRANIFF, CHRISTOPHER
Art Unit
2484
Tech Center
2400 — Computer Networks
Assignee
LG Electronics Inc.
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
583 granted / 679 resolved
+27.9% vs TC avg
Moderate +10% lift
Without
With
+9.9%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
10 currently pending
Career history
700
Total Applications
across all art units

Statute-Specific Performance

§101
5.6%
-34.4% vs TC avg
§103
58.6%
+18.6% vs TC avg
§102
13.6%
-26.4% vs TC avg
§112
8.9%
-31.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 679 resolved cases

Office Action

§DOUBLEPATENT
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 1-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 11,546,583 in view of Choi et al. (US 2021/0105465 A1, referred to herein as “Choi”). Claim 1 of Instant Application An image decoding method performed by an image decoding apparatus, the image decoding method comprising: determining prediction mode characteristic information based on a coding type of a slice including a current block; determining a prediction mode type of a lower-layer block split from the current block based on the prediction mode characteristic information; obtaining the lower-layer block by splitting the current block based on the prediction mode type of the lower-layer block; and decoding the lower-layer block based on the prediction mode type of the lower-layer block, wherein the prediction mode type of the lower-layer block comprises a first prediction mode type specifying that both an intra prediction mode and an inter prediction mode are available, a second prediction mode type specifying that only the intra prediction mode is available and a third prediction mode type specifying that only the inter prediction mode is available, wherein, based on a first condition for the current block being satisfied, the prediction mode characteristic information has a first value, and the first condition comprises a case where a color format of the current block is a monochrome format or a 4:4:4 format, and wherein, based on the first condition for the current block not being satisfied and a second condition for the current block being satisfied, the prediction mode characteristic information has a second value, the second condition comprises a case where a product of a width and height of a luma block of the current block being a predetermined value and a split mode of the current block being predetermined split mode. Claim 1 of U.S. Patent No. 11,546,583 An image decoding method performed by an image decoding apparatus, the image decoding method comprising: determining prediction mode characteristic information based on a color format of a current block; determining a prediction mode type of a lower-layer block split from the current block based on the prediction mode characteristic information; obtaining the lower-layer block by splitting the current block based on the prediction mode type of the lower-layer block; and decoding the lower-layer block based on the prediction mode type of the lower-layer block, wherein the prediction mode type of the lower-layer block comprises a first prediction mode type specifying that both an intra prediction mode and an inter prediction mode are available, a second prediction mode type specifying that only the intra prediction mode is available and a third prediction mode type specifying that only the inter prediction mode is available, wherein, based on a first condition for the current block being satisfied, the prediction mode characteristic information has a first value, and the first condition comprises a case where a color format of the current block is a monochrome format or a 4:4:4 format, and wherein, based on the first condition for the current block being not satisfied, the prediction mode characteristic information has a second value or a third value based on at least one of a color format, split mode or size of the current block. Table 1. Regarding claim 1, Claim 1 of U.S. Patent No. 11,546,583 discloses many of the same limitations as shown in Table 1. Claim 1 of U.S. Patent No. 11,546,583 does not explicitly disclose: determining prediction mode characteristic information based on a coding type of a slice; and a second condition for the current block being satisfied… the second condition comprises a case where a product of a width and height of a luma block of the current block being a predetermined value and a split mode of the current block being predetermined split mode. However, Choi discloses: determining prediction mode characteristic information based on a coding type of a slice (Choi: ); and a second condition for the current block being satisfied (Choi: paragraph [0185], disclosing conditions for coding a current block)… the second condition comprises a case where a product of a width and height of a luma block of the current block being a predetermined value and a split mode of the current block being predetermined split mode (Choi: paragraph [0185], disclosing a predetermined condition being a size of a data unit; paragraphs [0119]-[0120], disclosing coding of luma blocks; Fig. 3, paragraphs [0134]-[0136], disclosing that the data unit is block of a particular size—e.g., a product of a width and height; paragraphs [0126] and [0142], disclosing use of a predetermined split mode). 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 conditions of Choi in the image decoding method of Claim 1 of U.S. Patent No. 11,546,583. One would have been motivated to modify Claim 1 of U.S. Patent No. 11,546,583 in this manner in order to reduce the bit amount required to represent intra prediction mode information when coding a current block (Choi: paragraphs [0003]-[0005]). Regarding claims 2-14, claims 2-14, respectively, of U.S. Patent No. 11,546,583 in view of Choi disclose the same or similar limitations for the reasons discussed above. Claims 1-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 11,997,261 in view of Choi. Claim 1 of Instant Application An image decoding method performed by an image decoding apparatus, the image decoding method comprising: determining prediction mode characteristic information based on a coding type of a slice including a current block; determining a prediction mode type of a lower-layer block split from the current block based on the prediction mode characteristic information; obtaining the lower-layer block by splitting the current block based on the prediction mode type of the lower-layer block; and decoding the lower-layer block based on the prediction mode type of the lower-layer block, wherein the prediction mode type of the lower-layer block comprises a first prediction mode type specifying that both an intra prediction mode and an inter prediction mode are available, a second prediction mode type specifying that only the intra prediction mode is available and a third prediction mode type specifying that only the inter prediction mode is available, wherein, based on a first condition for the current block being satisfied, the prediction mode characteristic information has a first value, and the first condition comprises a case where a color format of the current block is a monochrome format or a 4:4:4 format, and wherein, based on the first condition for the current block not being satisfied and a second condition for the current block being satisfied, the prediction mode characteristic information has a second value, the second condition comprises a case where a product of a width and height of a luma block of the current block being a predetermined value and a split mode of the current block being predetermined split mode. Claim 1 of U.S. Patent No. 11,997,261 An image decoding apparatus comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to: determine prediction mode characteristic information based on a color format of a current block; determine a prediction mode type of a lower-layer block split from the current block based on the prediction mode characteristic information; obtain the lower-layer block by splitting the current block based on the prediction mode type of the lower-layer block; and decode the lower-layer block based on the prediction mode type of the lower-layer block, wherein the prediction mode type of the lower-layer block comprises a first prediction mode type specifying that both an intra prediction mode and an inter prediction mode are available, a second prediction mode type specifying that only the intra prediction mode is available and a third prediction mode type specifying that only the inter prediction mode is available, wherein, based on a first condition for the current block being satisfied, the prediction mode characteristic information has a first value, and the first condition comprises a case where a color format of the current block is a monochrome format or a 4:4:4 format, and wherein, based on the first condition for the current block being not satisfied, the prediction mode characteristic information has a second value or a third value based on at least one of a color format, split mode or size of the current block. Table 2. Regarding claim 1, Claim 1 of U.S. Patent No. 11,997,261 discloses many of the same limitations as shown in Table 2. Claim 1 of U.S. Patent No. 11,997,261 does not explicitly disclose: determining prediction mode characteristic information based on a coding type of a slice; and a second condition for the current block being satisfied… the second condition comprises a case where a product of a width and height of a luma block of the current block being a predetermined value and a split mode of the current block being predetermined split mode. However, Choi discloses: determining prediction mode characteristic information based on a coding type of a slice (Choi: ); and a second condition for the current block being satisfied (Choi: paragraph [0185], disclosing conditions for coding a current block)… the second condition comprises a case where a product of a width and height of a luma block of the current block being a predetermined value and a split mode of the current block being predetermined split mode (Choi: paragraph [0185], disclosing a predetermined condition being a size of a data unit; paragraphs [0119]-[0120], disclosing coding of luma blocks; Fig. 3, paragraphs [0134]-[0136], disclosing that the data unit is block of a particular size—e.g., a product of a width and height; paragraphs [0126] and [0142], disclosing use of a predetermined split mode). 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 conditions of Choi in the image decoding method of Claim 1 of U.S. Patent No. 11,997,261. One would have been motivated to modify Claim 1 of U.S. Patent No. 11,997,261 in this manner in order to reduce the bit amount required to represent intra prediction mode information when coding a current block (Choi: paragraphs [0003]-[0005]). Regarding claims 2-14, claims 2-14, respectively, of U.S. Patent No. 11,997,261 in view of Choi disclose the same or similar limitations for the reasons discussed above. Claims 1-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 12,413,715 in view of Choi. Claim 1 of Instant Application An image decoding method performed by an image decoding apparatus, the image decoding method comprising: determining prediction mode characteristic information based on a coding type of a slice including a current block; determining a prediction mode type of a lower-layer block split from the current block based on the prediction mode characteristic information; obtaining the lower-layer block by splitting the current block based on the prediction mode type of the lower-layer block; and decoding the lower-layer block based on the prediction mode type of the lower-layer block, wherein the prediction mode type of the lower-layer block comprises a first prediction mode type specifying that both an intra prediction mode and an inter prediction mode are available, a second prediction mode type specifying that only the intra prediction mode is available and a third prediction mode type specifying that only the inter prediction mode is available, wherein, based on a first condition for the current block being satisfied, the prediction mode characteristic information has a first value, and the first condition comprises a case where a color format of the current block is a monochrome format or a 4:4:4 format, and wherein, based on the first condition for the current block not being satisfied and a second condition for the current block being satisfied, the prediction mode characteristic information has a second value, the second condition comprises a case where a product of a width and height of a luma block of the current block being a predetermined value and a split mode of the current block being predetermined split mode. Claim 1 of U.S. Patent No. 12,413,715 An image decoding method performed by an image decoding apparatus, the image decoding method comprising: determining prediction mode characteristic information based on a coding type of a slice including a current block; determining a prediction mode type of a lower-layer block split from the current block based on the prediction mode characteristic information; obtaining the lower-layer block by splitting the current block based on the prediction mode type of the lower-layer block; and decoding the lower-layer block based on the prediction mode type of the lower-layer block, wherein the prediction mode type of the lower-layer block comprises a first prediction mode type specifying that both an intra prediction mode and an inter prediction mode are available, a second prediction mode type specifying that only the intra prediction mode is available and a third prediction mode type specifying that only the inter prediction mode is available, wherein, based on a first condition for the current block being satisfied, the prediction mode characteristic information has a first value, and the first condition comprises a case where a color format of the current block is a monochrome format or a 4:4:4 format, and wherein, based on the first condition for the current block being not satisfied, the prediction mode characteristic information has a second value or a third value based on at least one of the color format, a split mode or a size of the current block. Table 3. Regarding claim 1, Claim 1 of U.S. Patent No. 12,413,715 discloses many of the same limitations as shown in Table 3. Claim 1 of U.S. Patent No. 12,413,715 does not explicitly disclose: determining prediction mode characteristic information based on a coding type of a slice; and a second condition for the current block being satisfied… the second condition comprises a case where a product of a width and height of a luma block of the current block being a predetermined value and a split mode of the current block being predetermined split mode. However, Choi discloses: determining prediction mode characteristic information based on a coding type of a slice (Choi: ); and a second condition for the current block being satisfied (Choi: paragraph [0185], disclosing conditions for coding a current block)… the second condition comprises a case where a product of a width and height of a luma block of the current block being a predetermined value and a split mode of the current block being predetermined split mode (Choi: paragraph [0185], disclosing a predetermined condition being a size of a data unit; paragraphs [0119]-[0120], disclosing coding of luma blocks; Fig. 3, paragraphs [0134]-[0136], disclosing that the data unit is block of a particular size—e.g., a product of a width and height; paragraphs [0126] and [0142], disclosing use of a predetermined split mode). 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 conditions of Choi in the image decoding method of Claim 1 of U.S. Patent No. 12,413,715. One would have been motivated to modify Claim 1 of U.S. Patent No. 12,413,715 in this manner in order to reduce the bit amount required to represent intra prediction mode information when coding a current block (Choi: paragraphs [0003]-[0005]). Regarding claims 2-14, claims 2-14, respectively, of U.S. Patent No. 12,413,715 in view of Choi disclose the same or similar limitations for the reasons discussed above. 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

Aug 15, 2025
Application Filed
Oct 16, 2026
Non-Final Rejection mailed — §DOUBLEPATENT (current)

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Prosecution Projections

1-2
Expected OA Rounds
86%
Grant Probability
96%
With Interview (+9.9%)
2y 1m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 679 resolved cases by this examiner. Grant probability derived from career allowance rate.

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