Prosecution Insights
Last updated: October 27, 2026
Application No. 19/471,650

MOST PROBABLE MODES LIST

Non-Final OA §102§103
Filed
Oct 01, 2025
Priority
Apr 07, 2023 — EU 23305512.8 +1 more
Examiner
GEROLEO, FRANCIS
Art Unit
2482
Tech Center
2400 — Computer Networks
Assignee
InterDigital Inc.
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
1y 6m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
450 granted / 609 resolved
+15.9% vs TC avg
Strong +18% interview lift
Without
With
+18.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
26 currently pending
Career history
653
Total Applications
across all art units

Statute-Specific Performance

§101
6.4%
-33.6% vs TC avg
§103
55.4%
+15.4% vs TC avg
§102
15.8%
-24.2% vs TC avg
§112
12.4%
-27.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 609 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 . Priority Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file. 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) 1, 22-23, 28-29, 34 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2020/0036969 A1 (“Sarwer”). Regarding claim 1, Sarwer discloses a method for video decoding, the method comprising: determining an intra prediction mode associated with a neighboring block (e.g. see mode 30 associated with a left neighboring block, e.g. see L in Fig. 6, mode 1 or 40 associated with above neighboring block, e.g. A in Fig. 6, or etc…, paragraphs [0063], [0072]-[0076]); determining whether the intra prediction mode associated with the neighboring block is the same as a candidate mode on a most probable mode (MPM) list (e.g. see checking if (Left Mode <= mode 30), then weight equals 4, otherwise the weight is equal to 3, or checking if (Above Mode <= mode 1 OR Above Mode >=40) then weight equals 4, otherwise the weight is equal to 3, etc…, paragraphs [0063], [0072]-[0076]; alternatively, note that the neighboring modes such as Left Mode, Above Mode, etc… can be mapped instead to “the intra prediction mode associated with the neighboring block” that are each compared to specific modes such as mode 30, mode 1 or mode 40, etc… that can be used and are candidate modes on the MPM list), wherein the MPM list is associated with a current block (e.g. see current data unit, paragraphs [0077]-[0078], Fig. 6); based on a determination that the intra prediction mode associated with the neighboring block is the same as the candidate mode on the MPM list, adjusting a weight associated with the candidate mode (e.g. see initially the weight of all modes can be initialized to zero and then the weight of corresponding mode can be accumulated after checking each neighboring (and adjacent) mode, paragraphs [0063], [0072]-[0076]); reordering the MPM list based on the adjusted weight associated with the candidate mode (e.g. see the entire MPM list can be reordered based on the accumulated weights, paragraphs [0063], [0072]-[0076]); and decoding the current block based on the MPM list (e.g. see decoding the current data unit, e.g. see 856 in Fig. 8B, paragraph [0084], Fig. 3). Regarding claim 22, Sarwer discloses wherein the neighboring block is a first neighboring block, the intra prediction mode is a first intra prediction mode associated with the first neighboring block, the weight is a first weight, the candidate mode is a first candidate mode (e.g. see checking if (Left Mode <= mode 30), then weight equals 4, otherwise the weight is equal to 3, or checking if (Above Mode <= mode 1 OR Above Mode >=40) then weight equals 4, otherwise the weight is equal to 3, etc…, paragraphs [0063], [0072]-[0076]; at least the Left Mode, the weight for the Left Mode and mode 30 meet the claimed first intra prediction mode associated with the first neighboring block, first weight and the first candidate mode, respectively), and wherein the method comprises: determining a second intra prediction mode associated with a second neighboring block (e.g. see checking if (Left Mode <= mode 30), then weight equals 4, otherwise the weight is equal to 3, or checking if (Above Mode <= mode 1 OR Above Mode >=40) then weight equals 4, otherwise the weight is equal to 3, etc…, paragraphs [0063], [0072]-[0076]; at least the Above Mode, meets the claimed second intra prediction mode associated with a second neighboring block); determining whether the second intra prediction mode associated with the second neighboring block is the same as a second candidate mode on the MPM list (e.g. see checking if (Above Mode <= mode 1 OR Above Mode >=40) then weight equals 4, otherwise the weight is equal to 3, etc…, paragraphs [0063], [0072]-[0076]); based on a determination that the second intra prediction mode associated with the second neighboring block is the same as the second candidate mode on the MPM list, adjusting a second weight associated with the second candidate mode (e.g. see initially the weight of all modes can be initialized to zero and then the weight of corresponding mode can be accumulated after checking each neighboring (and adjacent) mode, paragraphs [0063], [0072]-[0076]); and reordering the MPM list based on the second adjusted weight associated with the second candidate mode (e.g. see the entire MPM list can be reordered based on the accumulated weights, paragraphs [0063], [0072]-[0076]). Regarding claims 23, 28-29, 34, the claims recite analogous limitations to the claims above and are therefore rejected on the same premise. 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. Claim(s) 18-21, 24-27, 30-33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sarwer in view of US 2022/0394269 A1 (“Cao”). Regarding claim 18, although Sarwer discloses the intra prediction mode associated with the neighboring block, it is noted Sarwer differs from the present invention in that it fails to particularly disclose wherein the intra prediction mode associated with the neighboring block is determined based on a template-based intra mode derivation (TIMD). Cao however, teaches wherein the intra prediction mode associated with the neighboring block is determined based on a template-based intra mode derivation (TIMD) (e.g. see TIMD, paragraphs [0022], [0102]). Therefore, given the teachings as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the references of Sarwer and Cao before him/her, to modify the Methods and apparatus for entropy coding and decoding aspects of video data with the teachings of Cao in order to improve coding efficiency and performance of intra prediction. Regarding claim 19, although Sarwer discloses wherein the intra prediction mode is a first intra prediction mode, the weight is a first weight, the candidate mode is a first candidate mode (e.g. see checking if (Left Mode <= mode 30), then weight equals 4, otherwise the weight is equal to 3, or checking if (Above Mode <= mode 1 OR Above Mode >=40) then weight equals 4, otherwise the weight is equal to 3, etc…, paragraphs [0063], [0072]-[0076]; at least the Left Mode, the weight for the Left Mode and mode 30 meet the claimed first intra prediction mode, first weight and the first candidate mode, respectively), and wherein the method comprises: determining a second intra prediction mode associated with the neighboring block; determining a second weight associated with a second candidate mode, wherein the second candidate mode corresponds to the second intra prediction mode (e.g. see checking if (Left Mode <= mode 30), then weight equals 4, otherwise the weight is equal to 3, or checking if (Above Mode <= mode 1 OR Above Mode >=40) then weight equals 4, otherwise the weight is equal to 3, etc…, paragraphs [0063], [0072]-[0076]; at least the Above Mode, the weight for the Above Mode and mode 1 or mode 40 meet the claimed second intra prediction mode, second weight and the second candidate mode, respectively), and adjusting the second weight associated with the second candidate mode (e.g. see initially the weight of all modes can be initialized to zero and then the weight of corresponding mode can be accumulated after checking each neighboring (and adjacent) mode, paragraphs [0063], [0072]-[0076]); and reordering the MPM list based on the second adjusted weight associated with the second candidate mode (e.g. see the entire MPM list can be reordered based on the accumulated weights, paragraphs [0063], [0072]-[0076]), it is noted Sarwer differs from the present invention in that it fails to particularly disclose determining a second intra prediction mode associated with the neighboring block based on the TIMD; obtaining a first template cost associated with the first intra prediction mode and obtaining a second template cost associated with the second intra prediction mode; wherein the first weight is determined based on the first template cost and the second weight is determined based on the second template cost. Cao however, teaches determining a second intra prediction mode associated with the neighboring block based on the TIMD (e.g. see TIMD, paragraphs [0022], [0102]); obtaining a first template cost associated with the first intra prediction mode and obtaining a second template cost associated with the second intra prediction mode (e.g. see for each intra prediction mode in the MPM list, cost is computed between the prediction samples and the reconstructed samples of the templates, paragraphs [0022], [0077], [0093], [0104]-[0105]); wherein the first weight is determined based on the first template cost and the second weight is determined based on the second template cost (e.g. see video coder may sort intra prediction modes in the MPM list based on the cost from the smallest to the largest, paragraphs [0022], [0077], [0093], [0104]-[0105]). The motivation above in the rejection of claim 18 applies here. Regarding claim 20, although Sarwer discloses the intra prediction mode associated with the neighboring block, it is noted Sarwer differs from the present invention in that it fails to particularly disclose wherein the intra prediction mode associated with the neighboring block is determined based on a decoder side intra mode derivation (DIMD). Cao however, teaches wherein the intra prediction mode associated with the neighboring block is determined based on a decoder side intra mode derivation (DIMD) (e.g. see DIMD, paragraphs [0071], [0102], [0157]-[0158]). The motivation above in the rejection of claim 18 applies here. Regarding claim 21, although Sarwer discloses wherein the intra prediction mode is a first intra prediction mode, the weight is a first weight, the candidate mode is a first candidate mode (e.g. see checking if (Left Mode <= mode 30), then weight equals 4, otherwise the weight is equal to 3, or checking if (Above Mode <= mode 1 OR Above Mode >=40) then weight equals 4, otherwise the weight is equal to 3, etc…, paragraphs [0063], [0072]-[0076]; at least the Left Mode, the weight for the Left Mode and mode 30 meet the claimed first intra prediction mode, first weight and the first candidate mode, respectively), and wherein the method comprises: determining a second intra prediction mode associated with the neighboring block; determining a second weight associated with a second candidate mode, wherein the second candidate mode corresponds to the second intra prediction mode (e.g. see checking if (Left Mode <= mode 30), then weight equals 4, otherwise the weight is equal to 3, or checking if (Above Mode <= mode 1 OR Above Mode >=40) then weight equals 4, otherwise the weight is equal to 3, etc…, paragraphs [0063], [0072]-[0076]; at least the Above Mode, the weight for the Above Mode and mode 1 or mode 40 meet the claimed second intra prediction mode, second weight and the second candidate mode, respectively), and adjusting the second weight associated with the second candidate mode (e.g. see initially the weight of all modes can be initialized to zero and then the weight of corresponding mode can be accumulated after checking each neighboring (and adjacent) mode, paragraphs [0063], [0072]-[0076]); and reordering the MPM list based on the second adjusted weight associated with the second candidate mode (e.g. see the entire MPM list can be reordered based on the accumulated weights, paragraphs [0063], [0072]-[0076]), it is noted Sarwer differs from the present invention in that it fails to particularly disclose determining a second intra prediction mode associated with the neighboring block based on the DIMD; obtaining a first histogram value associated with the first intra prediction mode and obtaining a second histogram value associated with the second intra prediction mode; wherein the first weight is determined based on the first histogram value and the second weight is determined based on the second histogram value. Cao however, teaches determining a second intra prediction mode associated with the neighboring block based on the DIMD (e.g. see DIMD, paragraphs [0071], [0102], [0157]-[0158]); obtaining a first histogram value associated with the first intra prediction mode and obtaining a second histogram value associated with the second intra prediction mode (e.g. see first intra prediction mode and second intra prediction mode corresponding to directions with greatest magnitudes in the histogram of gradients HoG, paragraphs [0071], [0102], [0157]-[0158]); wherein the first weight is determined based on the first histogram value and the second weight is determined based on the second histogram value (e.g. see derived modes (e.g., DIMD and/or TIMD or similar modes) can be added to the MPM list together with the intra prediction modes from the neighboring blocks, paragraphs [0071], [0102], [0157]-[0158]). The motivation above in the rejection of claim 18 applies here. Regarding claims 24-27, 30-33, the claims recite analogous limitations to the claims above and are therefore rejected on the same premise. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US12126822 B2, Li et al., Most probable mode (MPM) list sorting US 2025/0267284 A1, Naser et al., Template based most probable mode list reordering Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANCIS G GEROLEO whose telephone number is (571)270-7206. The examiner can normally be reached M-F 7:00 am - 3:30 pm. 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, Anna M Momper can be reached at (571) 270-5788. 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. /Francis Geroleo/Primary Examiner, Art Unit 3619
Read full office action

Prosecution Timeline

Oct 01, 2025
Application Filed
Oct 06, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12771831
IMAGE ENCODING/DECODING METHOD AND APPARATUS
2y 1m to grant Granted Oct 20, 2026
Patent 12764278
INTRA PREDICTION METHOD AND DECODER
2y 3m to grant Granted Oct 13, 2026
Patent 12764305
IMAGE ENCODING/DECODING METHOD, METHOD FOR TRANSMITTING BITSTREAM, AND RECORDING MEDIUM HAVING BITSTREAM STORED THEREIN
2y 0m to grant Granted Oct 13, 2026
Patent 12762668
DRIVING INFORMATION DISPLAY APPARATUS AND METHOD FOR CORRECTING CAMERA POSE VALUES USING VANISHING POINT
1y 10m to grant Granted Oct 13, 2026
Patent 12755526
SUBJECT TRACKING SYSTEMS FOR A MOVABLE IMAGING SYSTEM
2y 9m to grant Granted Oct 06, 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
74%
Grant Probability
92%
With Interview (+18.0%)
2y 7m (~1y 6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 609 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