Prosecution Insights
Last updated: August 18, 2026
Application No. 19/321,145

DECODER-SIDE INTRA MODE DERIVATION GUIDED BY BLOCK VECTOR WITH ADAPTIVE HISTOGRAM

Non-Final OA §102§103
Filed
Sep 05, 2025
Priority
Oct 25, 2024 — provisional 63/712,385 +2 more
Examiner
CHIO, TAT CHI
Art Unit
2486
Tech Center
2400 — Computer Networks
Assignee
Tencent Technology (Shenzhen) Company Limited
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
2y 3m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
624 granted / 856 resolved
+14.9% vs TC avg
Strong +17% interview lift
Without
With
+17.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
32 currently pending
Career history
897
Total Applications
across all art units

Statute-Specific Performance

§101
9.7%
-30.3% vs TC avg
§103
55.2%
+15.2% vs TC avg
§102
18.8%
-21.2% vs TC avg
§112
5.5%
-34.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 856 resolved cases

Office Action

§102 §103
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 Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 1-6, 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (WO 2023/241347 A1) in view of He et al. (US 2018/0309995 A1). Consider claim 1, Chen teaches a method of video decoding (Abstract) performed at a computing system having memory and one or more processors (p. 19, lines 21-40), the method comprising: receiving a video bitstream comprising a plurality of blocks, including a current block (Fig. 14; p.16, lines 18-35; p.18, lines 22 – p. 19, line 10; claim 1: receiving data to be encoded or decoded as a current block of a current picture of a video; the video decoder 1200 is an image-decoding or video-decoding circuit that receives a bitstream 1295); identifying an intra prediction mode for the current block (Fig. 14), including: selecting multiple reference areas for the current block, each reference area of the multiple reference areas corresponding to a distinct reference block (Fig. 14; p.10, lines 19-29, p.16, lines 18-35, p.18, line 22 – p. 19, line 10: pixels above the current block; pixels left of the current block; the plurality of HoGs comprises HoGs that are derived using different numbers of neighboring lines of the current block; reconstructed pixels at top-left corner of the current block are not used to derive the third HoG; the DIMD process may use more neighboring lines (i.e., more than 3 lines) to compute the HoG (s) when the current block size is less than or greater than a threshold); generating a histogram from the multiple reference areas (Fig. 14; p.16, lines 18-35, p.18, line 22 – p. 19, line 10: decoder derives (at block 1420) a plurality of histograms of gradients (HoGs) for different intra prediction angles. The different HoGs are derived based on different sets of reconstructed pixels neighboring the current block; a first HoG is derived based on reconstructed pixels above the current block, a second HoG derived based on reconstructed pixels left of the current block, and a third HoG derived based on reconstructed pixels left and above the current block); and identifying an intra prediction mode based on one or more entries of the histogram (Fig. 14; p.16, lines 18-35; p.18, line 22 to p.19, line 10: The decoder selects (at block 1430) a HoG from the plurality of HoGs. The decoder identifies (at block 1435) one or more intra-prediction modes based on the selected HoG; the decoder identifies one or more intra-prediction modes from a HoG by identifying N candidate intra-prediction modes having the highest amplitudes in the HoG thenselecting M intra-prediction modes from the N candidate intra-prediction modes based on costs); and decoding the current block using the intra prediction mode (Fig. 14; p.16, lines 18-35; p.18, line 22 to p.19, line 10: The decoder generates (at block 1440) an intra-prediction of the current block based on one or more intra prediction modes that are identified based on the selected HoG). However, Chen does not explicitly teach ceasing to generate the histogram when entries of the histogram meet a threshold value. He teaches ceasing to generate the histogram when entries of the histogram meet a threshold value ([0097] – [0098], Fig. 14: An early termination technique may be performed. For example, an early termination technique may be performed to accelerate the parameter searching process. FIG. 14 shows an example fast search technique with early termination. As shown in FIG. 14, one or more (e.g., two) loops may be performed: one or more loops may be performed for TO searching, and one or more loops may be performed for BO searching. The one or more loops performed for TO searching may be the same, or different, than the one or more loops performed for BO searching. One or more of the loops may be terminated early. For example, if the distortion increases in a loop, one or more of the loops may be terminated early. As shown in FIG. 14, a value for the BO (e.g., β, also referred to as beta) parameter may be identified. The BO parameter may indicate a value (e.g., a threshold) to control whether the deblocking filter may be performed. The BO parameter may be set to a predetermined BO value. The BO parameter may be set to a value within a BO search window. For example, at 1402, BO may be set to the maximum BO value in the BO search window (e.g. BO_MAX). Parameter BO_MAX may indicate the maximum value of the BO parameter that may be permitted within a predetermined parameter search window. A previous distortion of BO (e.g., prevDistBO) parameter may be set. The previous distortion of BO parameter may indicate a previously distortion value calculated based on a previous BO value. The previous distortion of BO (e.g., prevDistBO) parameter may be initially set to a maximum distortion value (e.g., MAX_DIST). The maximum value of the distortion parameter for distortion initialization may indicate the maximum value of the distortion that may be permitted, denoted as MAX_DIST. A minimum distortion parameter (e.g., minDist) may be initialized. The minimum distortion parameter may indicate the lowest value of distortion that may be achieved in the parameter searching process. The minimum distortion parameter (e.g., minDist) may be initially set to the maximum distortion (e.g., MAX_DIST) parameter, at 1402. The reshaping function for the scene may be derived based on the histogram. This method may consider subjective quality. For example, this method may consider subjective quality in order to keep the user experience within normal light strength range such as SDR (where the light is less than 100 nits). A code level above the threshold (e.g., only the code level above the threshold) may be adjusted (e.g., based on the histogram). A code level below the threshold may be kept unchanged. Turning to Equation (36), the threshold T may be set as: T=Min(OETF(100),arg.sub.xMin(s(x)>PT))  (Eq. 36) where s(x) may be the integral of histogram, PT may be percentage threshold to indicate how many pixels are kept unchanged. [0123]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the known technique of ceasing to generate the histogram when a threshold value is met because such incorporation would help accelerate the parameter searching process. [0097]. Consider claim 2, Chen teaches the multiple reference areas are selected from a predefined reconstruction area based on respective costs (p.9, lines 3-10, p.15, lines 4-14). Consider claim 3, Chen teaches generating the histogram comprises using a reference area of the multiple reference areas that has the lowest cost before using other reference areas of the multiple reference areas (p.6, lines 19-30). Consider claim 4, Chen teaches the respective costs comprise at least one of a sum of absolute difference (SAD) cost and a sum of absolute transform difference (SATD) cost (p.6, lines 19-30; p.7, lines 1-7). Consider claim 5, Chen teaches a number of the multiple reference areas selected is based on a cost threshold (p.3, lines 2-7; p.7, lines 1-15). Consider claim 6, Chen teaches the threshold value for the histogram is based on block size information corresponding to the current block (p.10, lines 19-29). Consider claim 18, Chen teaches the multiple reference areas comprise three reference areas (p.8, lines 19-29). Consider claim 19, Chen teaches a method of video encoding (Abstract) performed at a computing system having memory and one or more processors (p.19, lines 21-40), the method comprising: receiving video data comprising a plurality of blocks, including a current block (Fig. 14; p.13, lines 5-40: the video encoder 900 receives input video signal from a video source 905 and encodes the signal into bitstream 995); identifying an intra prediction mode for the current block (Fig. 14), including: selecting multiple reference areas for the current block, each reference area of the multiple reference areas corresponding to a distinct reference block (Fig. 14; p.10, lines 19-29; p.16, lines 18-35; p.18, line 22 – p.19, line 10: pixels above the current block; pixels left of the current block; the plurality of HoGs comprises HoGs that are derived using different numbers of neighboring lines of the current block; reconstructed pixels at top-left corner of the current block are not used to derive the third HoG; the DIMD process may use more neighboring lines (i.e., more than 3 lines) to compute the HoG (s) when the current block size is less than or greater than a threshold); generating a histogram from the multiple reference areas (Fig. 14; p.16, lines 18-35; p.18, line 22 – p.19, line 10: decoder derives (at block 1420) a plurality of histograms of gradients (HoGs) for different intra prediction angles. The different HoGs are derived based on different sets of reconstructed pixels neighboring the current block; a first HoG is derived based on reconstructed pixels above the current block, a second HoG derived based on reconstructed pixels left of the current block, and a third HoG derived based on reconstructed pixels left and above the current block); and identifying an intra prediction mode based on one or more entries of the histogram (Fig. 14; p.16, lines 18-35; p.18, line 22 – p.19, line 10: The decoder selects (at block 1430) a HoG from the plurality of HoGs. The decoder identifies (at block 1435) one or more intra-prediction modes based on the selected HoG; the decoder identifies one or more intra-prediction modes from a HoG by identifying N candidate intra-prediction modes having the highest amplitudes in the HoG then selecting M intra-prediction modes from the N candidate intra-prediction modes based on costs); and encoding the current block using the intra prediction mode (p.13, line 40 – p.14, line 10: the intra prediction data is provided to the entropy encoder 990 to be encoded into bitstream 995). However, Chen does not explicitly teach ceasing to generate the histogram when entries of the histogram meet a threshold value. He teaches ceasing to generate the histogram when entries of the histogram meet a threshold value ([0097] – [0098], Fig. 14: An early termination technique may be performed. For example, an early termination technique may be performed to accelerate the parameter searching process. FIG. 14 shows an example fast search technique with early termination. As shown in FIG. 14, one or more (e.g., two) loops may be performed: one or more loops may be performed for TO searching, and one or more loops may be performed for BO searching. The one or more loops performed for TO searching may be the same, or different, than the one or more loops performed for BO searching. One or more of the loops may be terminated early. For example, if the distortion increases in a loop, one or more of the loops may be terminated early. As shown in FIG. 14, a value for the BO (e.g., β, also referred to as beta) parameter may be identified. The BO parameter may indicate a value (e.g., a threshold) to control whether the deblocking filter may be performed. The BO parameter may be set to a predetermined BO value. The BO parameter may be set to a value within a BO search window. For example, at 1402, BO may be set to the maximum BO value in the BO search window (e.g. BO_MAX). Parameter BO_MAX may indicate the maximum value of the BO parameter that may be permitted within a predetermined parameter search window. A previous distortion of BO (e.g., prevDistBO) parameter may be set. The previous distortion of BO parameter may indicate a previously distortion value calculated based on a previous BO value. The previous distortion of BO (e.g., prevDistBO) parameter may be initially set to a maximum distortion value (e.g., MAX_DIST). The maximum value of the distortion parameter for distortion initialization may indicate the maximum value of the distortion that may be permitted, denoted as MAX_DIST. A minimum distortion parameter (e.g., minDist) may be initialized. The minimum distortion parameter may indicate the lowest value of distortion that may be achieved in the parameter searching process. The minimum distortion parameter (e.g., minDist) may be initially set to the maximum distortion (e.g., MAX_DIST) parameter, at 1402. The reshaping function for the scene may be derived based on the histogram. This method may consider subjective quality. For example, this method may consider subjective quality in order to keep the user experience within normal light strength range such as SDR (where the light is less than 100 nits). A code level above the threshold (e.g., only the code level above the threshold) may be adjusted (e.g., based on the histogram). A code level below the threshold may be kept unchanged. Turning to Equation (36), the threshold T may be set as: T=Min(OETF(100),arg.sub.xMin(s(x)>PT))  (Eq. 36) where s(x) may be the integral of histogram, PT may be percentage threshold to indicate how many pixels are kept unchanged. [0123]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the known technique of ceasing to generate the histogram when a threshold value is met because such incorporation would help accelerate the parameter searching process. [0097]. Consider claim 20, claim 20 recites a non-transitory computer-readable storage medium storing a video bitstream that is generated by a video encoding method (see rejection of claim 19) Claim(s) 7-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (WO 2023/241347 A1) in view of He et al. (US 2018/0309995 A1) and Chen et al. (US 2024/0223797 A1) (hereinafter “Chen II”). Consider claim 7, the combination of Chen and He teaches all the limitations in claim 1 but does not explicitly teach at least a subset of the multiple reference areas is identified based on one or more block vectors. Chen II teaches at least a subset of the multiple reference areas is identified based on one or more block vectors ([0030] – [0033], [0074] – [0075], [0085]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the known technique of identifying reference area based on block vectors because such incorporation would improve accuracy of the prediction block generated for the current block. [0033]. Consider claim 8, Chen II teaches the one or more block vectors are identified in accordance with a predefined scanning order ([0030] – [0033], [0074] – [0075], [0085]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the known technique of identifying reference area based on block vectors because such incorporation would improve accuracy of the prediction block generated for the current block. [0033]. Consider claim 9, Chen II teaches the one or more block vectors are identified based on neighboring information for the current block ([0030] – [0033], [0074] – [0075], [0085]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the known technique of identifying reference area based on block vectors because such incorporation would improve accuracy of the prediction block generated for the current block. [0033]. Consider claim 10, Chen II teaches the one or more block vectors are available block vectors from one or more neighboring blocks of the current block [0030] – [0033], [0074] – [0075], [0085]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the known technique of identifying reference area based on block vectors because such incorporation would improve accuracy of the prediction block generated for the current block. [0033]. Consider claim 11, Chen teaches applying a gradient based intra mode derivation to a respective reference block indicated by each of the one or more block vectors (Fig. 14; p.16, lines 18-35, p.18, line 22 – p.19, line 10). Consider claim 12, Chen teaches at least a second subset of the multiple reference areas is identified by checking a set of predefined positions (p.8, lines 15-29). Consider claim 13, Chen teaches the multiple reference areas include a reference area corresponding to an adjacent template for the current block (p.8, lines 15-40, p.10, line 29 – p.11, line 11). Consider claim 14, Chen teaches generating the histogram comprises using the reference area corresponding to the adjacent template for the current block before using other reference areas of the multiple reference areas (p.8, lines 15-40, p.10, line 29 – p.11, line 11). Consider claim 15, Chen teaches generating the histogram comprises using the reference area corresponding to the adjacent template for the current block after using other reference areas of the multiple reference areas (p.8, lines 15-40, p.10, line 29 – p.11, line 11). Consider claim 16, Chen II teaches at least a subset of the multiple reference areas is identified based on one or more motion vectors ([0030] – [0033], [0074] – [0075], [0085]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the known technique of identifying reference area based on block vectors because such incorporation would improve accuracy of the prediction block generated for the current block. [0033]. Consider claim 17, Chen II teaches parsing a first flag from the video bitstream, the first flag indicating whether a vector-guided intra mode derivation is to be used for the current block ([0091], [0106] – [0108], [0142] – [0146]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the known technique of identifying reference area based on block vectors because such incorporation would improve accuracy of the prediction block generated for the current block. [0033]. Claim Rejections - 35 USC § 102 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) 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al. (WO 2023/241347 A1). Consider claim 20, a bit stream generated by a method, the method comprising… is a product by process claim limitation where the product is the bit stream and the process is the method steps to generate the bitstream. MPEP §2113 recites “Product-by-Process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps”. Thus, the scope of the claim is the storage medium storing the bitstream (with the structure implied by the method steps). The structure includes the information and samples manipulated by the steps. “To be given patentable weight, the printed matter and associated product must be in a functional relationship. A functional relationship can be found where the printed matter performs some function with respect to the product to which it is associated”. MPEP §2111.05(I)(A). When a claimed “computer-readable medium merely serves as a support for information or data, no functional relationship exists. MPEP §2111.05(III). The storage medium storing the claimed bitstream in claim 18 merely services as a support for the storage of the bitstream and provides no fictional relationship between the stored bitstream and storage medium. Therefor the structure bitstream, which scope is implied by the method steps, is non-functional descriptive material and given no patentable weight. MPEP §2111.05(III). Thus, the claim scope is just a storage medium storing data and is anticipated by Chen which recites a storage medium storing a bitstream (p.14, lines 21-26; Fig. 9). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAT CHI CHIO whose telephone number is (571)272-9563. The examiner can normally be reached Monday-Thursday 10am-5pm. 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 J ATALA can be reached at 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 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. /TAT C CHIO/Primary Examiner, Art Unit 2486
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Prosecution Timeline

Sep 05, 2025
Application Filed
Jul 23, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
73%
Grant Probability
90%
With Interview (+17.4%)
3y 3m (~2y 3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 856 resolved cases by this examiner. Grant probability derived from career allowance rate.

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