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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/08/2026 has been entered.
Status of the Claims
Claims 1, 7, 9, 12 have been amended. Claims 2-6, 8, 10-11, 13-14 have been canceled. Claims 1, 7, 9, 12 are pending and have been considered by the Examiner.
Claim Objections
Claims 1, 7, 9, and 12 are objected to because of the following informalities: In claim 1, line 6 should recite “using an initial plurality of temperature values”. The previous claim 1 filed 08/09/2025 recites this limitation and the term “using” appears to have been deleted by mistake.
In claim 1, line 16-17, “exchanges probabilities” should recite “exchange probabilities”.
In claim 1, lines 23-24, “is determined” should recite “being determined”.
In claim 1, line 26 should include a comma after “threshold”. The term “defied” should recite “defined”.
In claim 7, line 2, “probabilities based on” should recite “probabilities are based on”.
In claim 9, line 15, “a pair” should recite “a first pair” and in line 20, “a pair” should recite “a second pair” in order to make claim 9 consistent with claim 1.
In claim 9, line 22 should include a comma after “threshold”.
In claim 12, line 14, “temperature adjust circuit” should recite “temperature adjustment circuit”.
In claim 12, line 17, “a pair” should recite “a first pair” and in line 22, “a pair” should recite “a second pair” in order to make claim 12 consistent with claim 1.
In claim 12, line 24 should include a comma after “threshold”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 7, 9, and 12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation “the new maximum temperature values” in line 27. There is insufficient antecedent basis for a plurality of these values in the claim. Claim 1 recites “a new maximum temperature value” in lines 15-16, but not a plurality of these values. It is unclear if the limitation in line 27 is supposed to recite “the new maximum temperature value”. Examiner treats this limitation in claim 1, line 27 as “the new maximum temperature value”.
Claim 7 is rejected for failing to cure the deficiencies of claim 1.
In claim 9, lines 17-18, it is unclear if “a new minimum temperature value” is modified by the verb “determining”. If so, the claim should clarify this. Examiner treats lines 17-18 as “… the first threshold, and determining, by the temperature adjustment circuit, a new minimum temperature value”.
Claim 12 is rejected because it recites similar indefinite limitations as the method of claim 9.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1, 7, 9, and 12 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: Claims 1 and 7 each recites an apparatus comprising circuits (an apparatus), claim 9 recites a method, and claim 12 recites a non-transitory computer-readable storage medium (a product). Each of an apparatus, a method, and a product falls under one of the four statutory categories of patent eligible subject matter.
Claim 1
Step 2A Prong 1: Search for a ground state of an Ising energy function [using] an initial plurality of temperature values distributed between an initial maximum temperature value and an initial minimum temperature value is a mathematical calculation. The searching is based on Equation 1 in specification paragraph [0032].
During the search, exchange values of a plurality of state variables or the temperature values between a pair of the search [modules] a mathematical calculation. Specification paragraphs [0045]-[0047] disclose exchanging values and Equation 4 calculates an exchange probability.
Obtain a plurality of the exchange probabilities for a pair of adjacent temperature values from the searches performed using the initial plurality of temperature values is a mathematical calculation based on Equation 4 in specification paragraph [0046].
Determine a new maximum temperature value by comparing the plurality of the exchanges probabilities with a first threshold in descending order from the initial maximum temperature value, the new maximum temperatures value being determined based on a first pair of adjacent temperature values at which a first exchange probability of the plurality of exchange probabilities first becomes smaller than the first threshold is a judgement and evaluation mental process which can reasonably be performed in the human mind with the aid of pencil and paper.
Determine a new minimum temperature value by comparing the plurality of the exchange probabilities with a second threshold in ascending order from the initial minimum temperature value, the new minimum temperature value is determined based on a second pair of adjacent temperature values at which a second exchange probability of the plurality of exchange probabilities first becomes larger than the second threshold is a judgement and evaluation mental process which can reasonably be performed in the human mind with the aid of pencil and paper.
Defining a focused temperature range between the new maximum temperature values and the new minimum temperature value is a judgement mental process which can reasonably be performed in the human mind with the aid of pencil and paper. A person can reasonably set a focused temperature range between maximum and minimum temperature values.
Update the plurality of temperature values for subsequent searches within the focused temperature range based on the new maximum temperature value and the new minimum temperature value determined is a judgement and evaluation mental process which can reasonably be performed in the human mind with the aid of pencil and paper. A person can reasonably set a plurality of temperature values for subsequent searches within the focused temperature range. The claim recites an abstract idea.
Step 2A Prong 2: Specification paragraph [0037] discloses that a plurality of search circuits, a control circuit, and a temperature adjustment circuit are each realized by using a semiconductor integrated circuit such as an FPGA. An FPGA is a type of processor which is a generic computer component for applying the abstract idea on a generic computer under MPEP 2106.05(f). Therefore, an information processing apparatus comprising: a plurality of search circuits, a control circuit, and a temperature adjustment circuit amounts to generic computer components for applying the abstract idea on a generic computer under MPEP 2106.05(f).
Distribute the updated plurality of temperature values among the plurality of search circuits amounts to mere data-gathering, an insignificant post-solution activity under MPEP 2106.05(g).
The additional elements as disclosed above, alone or in combination, do not integrate the abstract ideas into a practical application as they are generic computer functions as disclose in combination with insignificant post-solution activity that are implemented to perform the abstract ideas disclosed above. The claim is directed to an abstract idea.
Step 2B: Specification paragraph [0037] discloses that a plurality of search circuits, a control circuit, and a temperature adjustment circuit are each realized by using a semiconductor integrated circuit such as an FPGA. An FPGA is a type of processor which is a generic computer component for applying the abstract idea on a generic computer under MPEP 2106.05(f). Therefore, an information processing apparatus comprising: a plurality of search circuits, a control circuit, and a temperature adjustment circuit amounts to generic computer components for applying the abstract idea on a generic computer under MPEP 2106.05(f).
Distribute the updated plurality of temperature values among the plurality of search circuits is analogous to receiving and transmitting data over a network, which the courts have recognized as a well-understood, routine, conventional activity under MPEP 2106.05(d)(II).
The additional elements as disclosed above, in combination with the abstract ideas, are not sufficient to amount to significantly more than the abstract ideas as they are generic computer functions as disclosed in combination with well-understood, routine, conventional activity that are implemented to perform the abstract ideas disclosed above. The claim is not patent eligible.
Claim 7 incorporates the rejection of claim 1.
Step 2A Prong 1: The abstract ideas from claim 1 are incorporated.
Step 2A Prong 2 and Step 2B: The plurality of the exchange probabilities being based on a pair of temperature values and a pair of average energy values corresponding to the pair of the energy values amount to a mere field of use and technological environment under MPEP 2106.05(h). The claim is not patent eligible.
Claim 9 recites a method which implements similar limitations as the apparatus of claim 1 and is therefore rejected for at least the same reasons. The claim is not patent eligible.
Claim 12
Step 2A Prong 1: Searching,
Exchanging, during the search,
Obtaining,
Determining, probability of the plurality of exchange probabilities first becomes smaller than the first threshold is a judgement and evaluation mental process which can reasonably be performed in the human mind with the aid of pencil and paper.
[Determining] a new minimum temperature value by comparing the plurality of the exchange probabilities with a second threshold in ascending order from the initial minimum temperature value, the new minimum temperature value is determined based on a pair of adjacent temperature values at which a second exchange probability of the plurality of exchange probabilities first becomes larger than the second threshold is a judgement and evaluation mental process which can reasonably be performed in the human mind with the aid of pencil and paper.
Dynamically defining a focused temperature range between the new minimum temperature value and the new maximum temperature value is a judgement mental process which can reasonably be performed in the human mind with the aid of pencil and paper.
Updating,
Step 2A Prong 2: A non-transitory computer-readable storage medium storing a program that causes a processor included in a noise estimation apparatus to execute a process amounts to generic computer components for applying the abstract ideas on a generic computer under MPEP 2106.05(f).
Specification paragraph [0037] discloses that a plurality of search circuits, a control circuit, and a temperature adjustment circuit are each realized by using a semiconductor integrated circuit such as an FPGA. An FPGA is a type of processor which is a generic computer component for applying the abstract idea on a generic computer under MPEP 2106.05(f). Therefore, an information processing apparatus comprising: a plurality of search circuits, a control circuit, and a temperature adjustment circuit amounts to generic computer components for applying the abstract idea on a generic computer under MPEP 2106.05(f).
Distributing, by the control circuit, the updated plurality of temperature values among the plurality of search circuits amounts to mere data-gathering, an insignificant post-solution activity under MPEP 2106.05(g).
The additional elements as disclosed above, alone or in combination, do not integrate the abstract ideas into a practical application as they are generic computer functions as disclose in combination with insignificant post-solution activity that are implemented to perform the abstract ideas disclosed above. The claim is directed to an abstract idea.
Step 2B: A non-transitory computer-readable storage medium storing a program that causes a processor included in a noise estimation apparatus to execute a process amounts to generic computer components for applying the abstract ideas on a generic computer under MPEP 2106.05(f).
Specification paragraph [0037] discloses that a plurality of search circuits, a control circuit, and a temperature adjustment circuit are each realized by using a semiconductor integrated circuit such as an FPGA. An FPGA is a type of processor which is a generic computer component for applying the abstract idea on a generic computer under MPEP 2106.05(f). Therefore, an information processing apparatus comprising: a plurality of search circuits, a control circuit, and a temperature adjustment circuit amounts to generic computer components for applying the abstract idea on a generic computer under MPEP 2106.05(f).
Distributing, by the control circuit, the updated plurality of temperature values among the plurality of search circuits is analogous to receiving and transmitting data over a network, which the courts have recognized as a well-understood, routine, conventional activity under MPEP 2106.05(d)(II).
The additional elements as disclosed above, in combination with the abstract ideas, are not sufficient to amount to significantly more than the abstract ideas as they are generic computer functions as disclosed in combination with well-understood, routine, conventional activity that are implemented to perform the abstract ideas disclosed above. The claim is not patent eligible.
Response to Arguments
Examiner responds to Applicant’s arguments filed 01/08/2026.
Applicant’s Arguments Under 101 (Pages 7-8): On page 7, Applicant argues the limitations of claim 1 on page 3, lines 1-5 are not merely a mathematical calculation or mental processes performed on generic computer components. Rather, it is a specific technical process for improving a machine’s performance.
On page 7, Applicant argues, “By identifying and trimming unproductive high- and low-temperature zones, the invention reallocates and concentrates the parallel search circuits (i.e., the computational resources) into the most productive intermediate temperature range.” On page 8, Applicant argues, the claims “are directed to a specialized information processing apparatus having a specific parallel architecture (‘a plurality of search circuits’). The recited algorithm is intrinsically tied to this architecture”.
Examiner’s Response: Applicant’s arguments have been fully considered but they are not persuasive. Pending claim 1 is directed to an apparatus for performing simulated annealing on a plurality of search circuits. Simulated annealing as recited in claim 1 includes mathematical calculations and judgement and evaluation mental processes, all of which are types of abstract ideas. Any supposed improvement is merely an improvement to these abstract ideas. MPEP 2106.05(a) states, “It is important to note, the judicial exception alone cannot provide the improvement.” MPEP 2106.05(a), II. states, "it is important to keep in mind that an improvement in the abstract idea itself (e.g. a recited fundamental economic concept) is not an improvement in technology."
In Step 2A Prong 1, defining a focused temperature range between the new maximum temperature values and the new minimum temperature value is a judgement mental process which can reasonably be performed in the human mind with the aid of pencil and paper. A person can reasonably set a focused temperature range between maximum and minimum temperature values. Updating the plurality of temperature values for subsequent searches within the focused temperature range based on the new maximum temperature value and the new minimum temperature value is a judgement and evaluation mental process which can reasonably be performed in the human mind with the aid of pencil and paper. A person can reasonably set a plurality of temperature values for subsequent searches within the focused temperature range. The claim recites an abstract idea.
In Step 2A Prong 2, “a plurality of search circuits” may include a plurality of FPGAs according to specification paragraph [0037]. An FPGA is a generic computer component for applying the abstract idea on a generic computer. MPEP 2106.05(f) states the examiner may consider: “(2) Whether the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks… or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more.” Since the supposed improvement is to the abstract idea itself, the plurality of search circuits cannot provide the improvement. The term “search circuit” is broad and lacks any details about hardware architecture or parallel connections to the other search circuits. The search circuits as claimed amount to generic hardware devices which do not provide a technical improvement nor incorporate the abstract ideas into a practical application.
The step “distribute the updated plurality of temperature values among the plurality of search circuits” amounts to mere data-gathering, an insignificant post-solution activity under MPEP 2106.05(g). Distributing post-solution data among generic hardware devices cannot provide a technical improvement because the subsequent search within the focused temperature range is an abstract idea, as explained above. Furthermore, claim 1 does not positively recite performing subsequent searches within the focused temperature range. The claim merely recites updating the plurality of temperature values for subsequent searches.
Applicant’s arguments on page 7 state that by identifying and trimming unproductive high- and low-temperature zones, the invention reallocates and concentrates the parallel search circuits into the most productive intermediate temperature. Identifying and trimming temperature zones are observation and judgement mental processes, and reallocating and concentrating computing resources of the parallel search circuits are also judgement mental processes. The reallocation cannot provide a technical improvement because it is an abstract idea.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Asher H. Jablon whose telephone number is (571)270-7648. The examiner can normally be reached Monday - Friday, 9:00 am - 6:00 pm.
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/A.H.J./Examiner, Art Unit 2127
/ABDULLAH AL KAWSAR/Supervisory Patent Examiner, Art Unit 2127