DETAILED ACTION
This action is in response to the Applicant Response filed 07 May 2025 for application 17/219,350 filed 31 March 2021.
Claim(s) 1, 11, 16-17 is/are currently amended.
Claim(s) 1-20 is/are pending.
Claim(s) 1-20 is/are rejected.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 07 May 2025 has been entered.
Response to Arguments
Applicant's arguments regarding the objections to the claims have been fully considered and, in light of the amendments to the claims, are partially persuasive. However, some of the previously cited objections remain, as noted below.
Applicant's arguments regarding the 35 U.S.C. 112(b) rejection(s) of claim(s) 1-10 have been fully considered and, in light of the amendments to the claims, are persuasive. The 35 U.S.C. 112(b) rejection(s) of claim(s) 1-10 has/have been withdrawn.
Applicant’s arguments regarding the 35 U.S.C. 101 rejection of claim 1-20 have been fully considered but are not persuasive.
Applicant first argues that claim 1 does not recite an abstract idea. Specifically, applicant argues that the performance of domain randomization, the loading of data into the model and the training of the model cannot be performed in the human mind. As noted in more detail below, these limitations were not identified as an abstract idea, but, instead, identified as mere instructions to implement an abstract idea or other exception on a computer (MPEP 2106.05(f)). However, there are other limitations which are interpreted to be abstract, as noted below, which led to an eligibility analysis being performed and the claims being determined to be ineligible.
Applicant next argues that the claims integrate the abstract idea into a practical application. Specifically, applicant argues that claim 1 improves a technical field. Examiner respectfully disagrees. As recited in the claims, and as seen in more detail below, the claims simply recite identifying incorrect data and generically generating synthetic data with the use of a “synthetic image generator.” The claims, at best, generically recite the application of a model (2106.05(f)) and fail to provide any details to demonstrate any type of improvement.
Lastly, applicant argues that the claims recite a solution to a problem rooted in computer technology. Examiner respectfully disagrees. As noted above, and in more detail below, the claims generically recite the creation of synthetic data through the generic use of an image generator. The use of the data to generically train a model does not solve any problem in computer technology. If any improvement does exist in the claim, the improvement would be in the identification and creation of data, which would be, at best, an improvement in an abstract idea. As noted in the MPEP, it is important to keep in mind that an improvement in the abstract idea itself is not an improvement in technology. MPEP 2106.05(a)(II).
Therefore, the 35 U.S.C. 101 rejection of claims 1-20 is maintained.
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claim(s) 16 is/are objected to because of the following informalities:
Claim 16, lines 1-2, one or more processing units are further apply should read “one or more processing using
Appropriate correction is required.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 101, because the claim(s) is/are directed to an abstract idea, and because the claim elements, whether considered individually or in combination, do not amount to significantly more than the abstract idea, see Alice Corporation Pty. Ltd. V. CLS Bank International et al., 573 US 208 (2014).
Regarding claim 1, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 1 is directed to a method, which is directed to a process, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) computer-implemented method.
The limitation of determining, using a validation dataset, one or more instances of incorrect inferences produced by a first machine learning model, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of extracting one or more instances of output from the first machine learning model that satisfy a determined set of criteria and correspond to the one or more instances of incorrect inferences produced by the first machine learning model, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the "Mental Processes" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites additional element(s) – computer-implemented. The additional element(s) is/are recited at a high-level of generality (i.e., as generic computer components performing generic computer functions of executing instructions on the computers) such that it amounts to no more than mere instructions to apply the exception using generic computer components (MPEP 2106.05(b)).
The claim recites additional element(s) – first machine learning model, synthetic imitation generator, domain randomization, second machine learning model. The additional element(s) is/are recited at a high-level of generality such that it amounts to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h)).
The claim recites loading ground truth data, comprising the extracted one or more instances, to a synthetic imitation generator; applying domain randomization to the ground truth data using the synthetic imitation generator to generate at least one of new synthetic data or new ground truth data based on the one or more instances which is simply applying a model recited at a high level of generality and amounts to the recitation of the words “apply it” (or an equivalent) or amounts to no more than mere instructions to implement an abstract idea or other exception on a computer (MPEP 2106.05(f)).
The claim recites training a second machine learning model using the validation dataset and the new synthetic data which is simply generic training to perform the abstract idea of model creation and amounts to mere instructions to apply the exception (MPEP 2106.05(f)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
computer-implemented amount(s) to no more than mere instructions to apply the exception using generic computer components (MPEP 2106.05(b))
applying a model and generic training to perform the abstract idea amount(s) to no more than mere instructions to apply the exception (MPEP 2106.05(f))
first machine learning model, synthetic imitation generator, domain randomization, second machine learning model amount(s) to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 2, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 2 is directed to a method, which is directed to a process, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) computer-implemented method. The Step 2A Prong One Analysis for claim 1 is applicable here since claim 2 carries out the method of claim 1 but for the recitation of additional element(s) of applying at least one of domain adaptation or transfer learning when a difference between the validation dataset and the new synthetic data exceeds a pre-determined threshold.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites additional element(s) – domain adaptation, transfer learning. The additional element(s) is/are recited at a high-level of generality such that it amounts to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h)).
The claim recites applying at least one of domain adaptation or transfer learning when a difference between the validation dataset and the new synthetic data exceeds a pre-determined threshold which is simply applying a model recited at a high level of generality and amounts to the recitation of the words “apply it” (or an equivalent) or amounts to no more than mere instructions to implement an abstract idea or other exception on a computer (MPEP 2106.05(f)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
applying a model amount(s) to no more than mere instructions to apply the exception (MPEP 2106.05(f))
domain adaptation, transfer learning amount(s) to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 3, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 3 is directed to a method, which is directed to a process, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) computer-implemented method. The Step 2A Prong One Analysis for claim 1 is applicable here since claim 3 carries out the method of claim 1 but for the recitation of additional element(s) of wherein the set of criteria comprises at least one of a threshold of false positives or a threshold of false negatives.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application. In particular, the claim recites additional information regarding the data and the element(s) do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of additional information regarding the data do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Not applying the exception in a meaningful way does not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 4, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 4 is directed to a method, which is directed to a process, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) computer-implemented method. The Step 2A Prong One Analysis for claim 1 is applicable here since claim 4 carries out the method of claim 1 but for the recitation of additional element(s) of wherein applying domain randomization adds variation to the ground truth data for one or more parameters.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application. In particular, the claim recites additional information regarding the data and the element(s) do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of additional information regarding the data do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Not applying the exception in a meaningful way does not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 5, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 5 is directed to a method, which is directed to a process, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) computer-implemented method. The Step 2A Prong One Analysis for claim 1 is applicable here since claim 5 carries out the method of claim 1 but for the recitation of additional element(s) of wherein the one or more parameters comprise at least one of: a weather parameter; a time of day parameter; an object type parameter; a location parameter; an orientation parameter; or a speed parameter.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application. In particular, the claim recites additional information regarding the parameters and the element(s) do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of additional information regarding the parameter do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Not applying the exception in a meaningful way does not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 6, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 6 is directed to a method, which is directed to a process, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) computer-implemented method. The Step 2A Prong One Analysis for claim 1 is applicable here since claim 6 carries out the method of claim 1 but for the recitation of additional element(s) of using the second machine learning model to perform one or more operations of an autonomous machine.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites additional element(s) – autonomous machine. The additional element(s) is/are recited at a high-level of generality (i.e., as generic computer components performing generic computer functions of executing instructions on the computers) such that it amounts to no more than mere instructions to apply the exception using generic computer components (MPEP 2106.05(b)).
The claim recites using the second machine learning model to perform one or more operations of an autonomous machine which is simply applying a model recited at a high level of generality and amounts to the recitation of the words “apply it” (or an equivalent) or amounts to no more than mere instructions to implement an abstract idea or other exception on a computer (MPEP 2106.05(f)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
autonomous machine amount(s) to no more than mere instructions to apply the exception using generic computer components (MPEP 2106.05(b))
applying a model amount(s) to no more than mere instructions to apply the exception (MPEP 2106.05(f))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 7, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 7 is directed to a method, which is directed to a process, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) computer-implemented method. The Step 2A Prong One Analysis for claim 1 is applicable here since claim 7 carries out the method of claim 1 but for the recitation of additional element(s) of wherein the new synthetic data comprises at least one of: synthetic camera data; synthetic radar data; synthetic lidar data; or synthetic ultrasonic data.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application. In particular, the claim recites additional information regarding the data and the element(s) do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of additional information regarding the data do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Not applying the exception in a meaningful way does not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 8, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 8 is directed to a method, which is directed to a process, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) computer-implemented method. The Step 2A Prong One Analysis for claim 1 is applicable here since claim 8 carries out the method of claim 1 but for the recitation of additional element(s) of wherein the synthetic imitation generator creates a synthetic scene based on at least one of human labeled ground truth data or automatically-created ground truth data generated based on the synthetic data.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application. In particular, the claim recites additional information regarding the synthetic image generator and the element(s) do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of additional information regarding the synthetic image generator do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Not applying the exception in a meaningful way does not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 9, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 9 is directed to a method, which is directed to a process, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) computer-implemented method. The Step 2A Prong One Analysis for claim 8 is applicable here since claim 9 carries out the method of claim 8 but for the recitation of additional element(s) of wherein the automatically-created ground truth data comprises three-dimensional (3D) information of one or more dynamic objects in the synthetic scene.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application. In particular, the claim recites additional information regarding the data and the element(s) do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of additional information regarding the data do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Not applying the exception in a meaningful way does not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 10, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 10 is directed to a method, which is directed to a process, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) computer-implemented method. The Step 2A Prong One Analysis for claim 8 is applicable here since claim 10 carries out the method of claim 8 but for the recitation of additional element(s) of wherein the synthetic scene comprises one or more domain randomized parameters.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application. In particular, the claim recites additional information regarding the data and the element(s) do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of additional information regarding the data do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Not applying the exception in a meaningful way does not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 11, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 11 is directed to a(n) processor, which is directed to a machine, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) processor.
The limitation of ... implement a technique for creating synthetic scenes mimicking a real scene fulfilling a set of criteria ..., wherein creating the synthetic scenes is based on one or more instances of incorrect inferences produced by a machine learning model, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the "Mental Processes" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites additional element(s) – processor, one or more processing units. The additional element(s) is/are recited at a high-level of generality (i.e., as generic computer components performing generic computer functions of executing instructions on the computers) such that it amounts to no more than mere instructions to apply the exception using generic computer components (MPEP 2106.05(b)).
The claim recites additional element(s) – synthetic image generator, machine learning model. The additional element(s) is/are recited at a high-level of generality such that it amounts to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
processor, one or more processing units amount(s) to no more than mere instructions to apply the exception using generic computer components (MPEP 2106.05(b))
synthetic image generator, machine learning model amount(s) to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 12, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 12 is directed to a(n) processor, which is directed to a machine, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) processor. The Step 2A Prong One Analysis for claim 11 is applicable here since claim 12 carries out the processor of claim 11 but for the recitation of additional element(s) of wherein the synthetic image generator is implemented as a simulator based on a game engine.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application. In particular, the claim recites additional information regarding the synthetic image generator and the element(s) do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of additional information regarding the synthetic image generator do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Not applying the exception in a meaningful way does not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 13, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 13 is directed to a(n) processor, which is directed to a machine, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) processor. The Step 2A Prong One Analysis for claim 11 is applicable here since claim 12 carries out the processor of claim 11 but for the recitation of additional element(s) of wherein the synthetic scenes comprise at least one of: synthetic camera data; synthetic radar data; synthetic lidar data; or synthetic ultrasonic data.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application. In particular, the claim recites additional information regarding the synthetic scenes and the element(s) do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of additional information regarding the synthetic scenes do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Not applying the exception in a meaningful way does not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 14, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 14 is directed to a(n) processor, which is directed to a machine, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) processor. The Step 2A Prong One Analysis for claim 11 is applicable here since claim 14 carries out the processor of claim 11 but for the recitation of additional element(s) of wherein the synthetic image generator creates a synthetic scene based on at least one of human labeled ground truth data or automatically-created ground truth data generated based on the synthetic scenes.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application. In particular, the claim recites additional information regarding the synthetic image generator and the element(s) do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of additional information regarding the synthetic image generator do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Not applying the exception in a meaningful way does not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 15, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 15 is directed to a(n) processor, which is directed to a machine, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) processor. The Step 2A Prong One Analysis for claim 14 is applicable here since claim 15 carries out the processor of claim 14 but for the recitation of additional element(s) of wherein the synthetic image generator creates a plurality of instances of the synthetic scene, each instance of the synthetic scene having a different set of domain randomized parameters.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application. In particular, the claim recites additional information regarding the synthetic image generator and the element(s) do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of additional information regarding the synthetic image generator do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Not applying the exception in a meaningful way does not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 16, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 16 is directed to a(n) processor, which is directed to a machine, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) processor. The Step 2A Prong One Analysis for claim 11 is applicable here since claim 16 carries out the processor of claim 11 but for the recitation of additional element(s) of wherein the one or more processing units are further apply the synthetic scenes to train a machine learning module.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites additional element(s) – machine learning module. The additional element(s) is/are recited at a high-level of generality such that it amounts to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h)).
The claim recites wherein the one or more processing units are further apply the synthetic scenes to train a machine learning module which is simply generic training to perform the abstract idea of model creation and amounts to mere instructions to apply the exception (MPEP 2106.05(f)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
generic training to perform the abstract idea amount(s) to no more than mere instructions to apply the exception (MPEP 2106.05(f))
machine learning module amount(s) to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 17, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 17 is directed to a system with a processor, which is directed to a machine, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) system.
The limitation of determine, using a validation dataset, one or more instances of failure cases produced by a machine learning model, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of generate, for the provided data and based on the failure cases, synthetic data having one or more domain variations from the provided data, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the "Mental Processes" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites additional element(s) – system, at least one processor, memory, instructions. The additional element(s) is/are recited at a high-level of generality (i.e., as generic computer components performing generic computer functions of executing instructions on the computers) such that it amounts to no more than mere instructions to apply the exception using generic computer components (MPEP 2106.05(b)).
The claim recites additional element(s) – machine learning model, synthetic data generator. The additional element(s) is/are recited at a high-level of generality such that it amounts to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h)).
The claim recites provide data from the validation dataset, corresponding to the failure cases, to a synthetic data generator which is simply applying a model recited at a high level of generality and amounts to the recitation of the words “apply it” (or an equivalent) or amounts to no more than mere instructions to implement an abstract idea or other exception on a computer (MPEP 2106.05(f)).
The claim recites further train the machine learning model using the validation dataset and the generated synthetic data which is simply generic training to perform the abstract idea of model creation and amounts to mere instructions to apply the exception (MPEP 2106.05(f)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
system, at least one processor, memory, instructions amount(s) to no more than mere instructions to apply the exception using generic computer components (MPEP 2106.05(b))
applying a model and generic training to perform the abstract idea amount(s) to no more than mere instructions to apply the exception (MPEP 2106.05(f))
machine learning model, synthetic data generator amount(s) to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 18, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 18 is directed to a system with a processor, which is directed to a machine, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) system. The Step 2A Prong One Analysis for claim 17 is applicable here since claim 18 carries out the system of claim 17 but for the recitation of additional element(s) of apply at least one of domain adaptation or transfer learning when a difference between the validation dataset and the generated synthetic data exceeds a pre-determined threshold.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites additional element(s) – domain adaptation, transfer learning. The additional element(s) is/are recited at a high-level of generality such that it amounts to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h)).
The claim recites applying at least one of domain adaptation or transfer learning when a difference between the validation dataset and the new synthetic data exceeds a pre-determined threshold which is simply applying a model recited at a high level of generality and amounts to the recitation of the words “apply it” (or an equivalent) or amounts to no more than mere instructions to implement an abstract idea or other exception on a computer (MPEP 2106.05(f)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
applying a model amount(s) to no more than mere instructions to apply the exception (MPEP 2106.05(f))
domain adaptation, transfer learning amount(s) to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 19, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 19 is directed to a system with a processor, which is directed to a machine, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) system. The Step 2A Prong One Analysis for claim 1 is applicable here since claim 17 carries out the system of claim 17 but for the recitation of additional element(s) of wherein the failure cases comprise at least one of false positives or false negatives.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application. In particular, the claim recites additional information regarding the data and the element(s) do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of additional information regarding the data do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Not applying the exception in a meaningful way does not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 20, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 20 is directed to a system with a processor, which is directed to a machine, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) system. The Step 2A Prong One Analysis for claim 17 is applicable here since claim 20 carries out the system of claim 17 but for the recitation of additional element(s) of wherein the system comprises at least one of: a system for performing graphical rendering operations; a system for performing simulation operations; a system for performing simulation operations to test or validate autonomous machine applications; a system for performing deep learning operations; a system implemented using an edge device; a system incorporating one or more Virtual Machines (VMs); a system implemented at least partially in a data center; or a system implemented at least partially using cloud computing resources.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application. In particular, the claim recites additional information regarding the system and the element(s) do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of additional information regarding the system do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Not applying the exception in a meaningful way does not provide an inventive concept, and, therefore, the claim is not patent eligible.
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 nega