DETAILED ACTION
Status of Claims
This Office action is responsive to communications filed on 2026-04-29. Claim(s) 1-20 is/are pending and are examined herein.
Claim(s) 1-20 is/are objected to.
Claim(s) 1-20 is/are rejected under 35 USC 112(b).
Claim(s) 1-20 is/are rejected under 35 USC 103.
Notice of Pre-AIA or AIA Status
The present application, filed on or after 2013-03-16, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Regarding objections for informalities and rejections under 35 USC 112, the applicant’s amendments resolve or eliminate the concerns from the previous Office action but they also introduce new concerns. Issues in the pending claims are described below.
Regarding 35 USC 103, the applicant’s arguments have been fully considered:
The applicant asserts that the amendments address concerns regarding conditional limitations [remarks, page 11], but the examiner respectfully disagrees. The pending claims continue to recite conditional limitations that must be interpreted in view of MPEP 2111.04(II). The applicant’s amendments do not obviate the concerns indicated in the previous Office action: the claims do not require that the set of neighboring edge nodes be either nonempty or empty; and, if the set of neighboring edge nodes is nonempty, they also do not require either that information on classes not known to the first edge node be either available or unavailable. In other words, in view of the interpretation of conditional limitations as described in MPEP 2111.04(II), the broadest reasonable interpretation of the method claims does not necessitate any of the three possible strategies of selecting the candidate node. At best, the claims require just one of these three selection strategies. This point renders moot the applicant’s remarks regarding the “structured, multi-branch candidate node selection process” [remarks, pages 10-11] because the broadest reasonable interpretation of the claims at present does not include this process. If the applicant wishes to unambiguously claim the conditional logic of [specification, figure 3C], appropriate amendments would be required (cf. examiner’s remarks).
The applicant asserts that the “amended claim recites an iterative retry mechanism” [remarks, page 11], but the examiner notes that this purported “iterative retry mechanism” is yet another conditional limitation: the pending claim does not require that the candidate node determine that the sample cannot be soft labeled, so it also does not require any performing any actions contingent on this condition. The examiner notes that even the scope of the contingent actions is not clearly specified (cf. 112(b) rejections).
The complete prior art mapping has been updated in view of the applicant’s amendments and is given below. The examiner notes that the rejection now relies on the reference Oza, which was made of record in the Office action of 2024-03-24 and on the IDS of 2023-04-20.
Examiner’s Remarks
If the applicant wishes to claim the conditional logic of the decision tree of [specification, figure 3C] for the selection of the candidate node, the examiner suggests, in view of the guidance regarding conditional limitations in MPEP 2111.04(II), that the applicant amend the claim to include first, second, and third edge nodes, where each of these three edge nodes perform essentially the same steps except that they “go down separate paths” in the decision tree in order to select their corresponding candidate nodes. This would mean, for example, introducing first, second, and third samples (received by the first, second, and third edge nodes, respectively), and first, second, and third sets of neighboring edge nodes (identified by the first, second, and third edge nodes, respectively). The first and second sets of neighboring edge nodes would be required to be nonempty, while the third set of neighboring edge nodes would be required to be empty. For the first edge node, information on classes not known to the first edge node would be required to be available, while for the second edge node, the information on classes not known to the second edge node would be required to be unavailable. There would then be a first candidate node selected from the first set of neighboring edge nodes which “ha[s] a maximum number of classes not known to the first edge node”, a second candidate node selected from the second set of neighboring edge nodes which “ha[s] a maximum number of classes known to the [second] edge node”, and a third candidate node selected “from among all nodes in the system”. (Appropriate amendments to and/or cancellations of the dependent claims would be required in view of such an amendment to the independent claim. For example, the substance of dependent claims 4-5 and 7-10 would likely be subsumed by such an independent claim, so these dependents could likely be cancelled.)
Claim Objections
Claim(s) 1-20 is/are objected to because of the following informalities:
Claims 1 and 12 recite when the information identifying classes is available and when the information identifying classes is not available [emphasis added] but this should be “when the information identifying the classes not known to the first edge node is available” and “when the information identifying the classes not known to the first edge node is not available” respectively, for proper antecedent basis. Dependent claims 2-11 and 13-20 inherit the objection.
Appropriate correction is required.
Claim Rejections - 35 USC 112(b)
The following is a quotation of 35 USC 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 USC 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.
Claim(s) 1-20 is/are rejected under 35 USC 112(b) or 35 USC 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 USC 112, the applicant), regards as the invention.
Claims 1 and 12 recite repeating the identifying and selecting steps but this has ambiguous antecedent basis: the claim includes two separate limitations beginning with the verb “identifying” and it includes three recitations of steps beginning with the verb “selecting”, all of which are embedded in conditional limitations. This renders unclear which of these steps are actually required to be repeated, and this point which is further rendered ambiguous by the fact that the “repeating” limitation itself is embedded inside a conditional limitation. Appropriate amendments clarifying the scope of the claimed invention are required. Dependent claims 2-11 and 13-20 inherit the rejection.
Claim Rejections - 35 USC 103
The following is a quotation of 35 USC 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 USC 102(b)(2)(C) for any potential 35 USC 102(a)(2) prior art against the later invention.
Claim(s) 1-10 and 12-20 is/are rejected under 35 USC 103 as being unpatentable over Gi-Ho PARK et al. (US20220335289A1, effectively filed 2019-06-25; hereafter, “Park”) in view of Poojan OZA (C2AE: Class Conditioned Auto-Encoder for Open-set Recognition, published 2019-04-02; hereafter, “Oza”), Adam SAPEK (US20100306280A1, published 2010-12-02; hereafter, “Sapek”), and Bruno RICHARD (US20030076786A1, published 2003-04-24).
Claim 1
Park discloses:
In a system including a central node associated with a plurality of nodes, ([Park, figure 1]: Park discloses a distributed computing system having a client 130, a server 120, and a plurality 110 of terminals 111-115 [Park, figure 1; see also, 0029]. For the sake of concreteness, the plurality 110 of terminals 111-115 maps to the “plurality of nodes” of the claim, and the server 120 and/or client 130 to the “central node” of the claim.)
a method, comprising: training a model at a first edge node; ([Park, 0001, 0031, 0037, 0058]: Park discloses “a method of distributing pretrained classification models to several terminals” [Park, 0001], i.e., where “[s]ubclassification models are each stored in one of the terminals 111 to 115 in a distributed manner” [Park, 0031]. Moreover, various aspects of training these subclassification models are discussed, for example, in [Park, 0037, 0058, etc]. Any one of the terminals is the “first edge node” of the claim, the subclassification model at that terminal is the “model at [the] first edge node” of the claim, and its training maps to the “training” step of the claim. This mapping for the “first edge node” is refined in the following parentheticals.)
identifying, by the model executing at the first edge node, a sample from a data stream received at the first edge node by the model; ([Park, 0032, 0041]: Park discloses that “[t]he subclassification models may generate classification data for input target data, for example, a target image” [Park, 0032], where “[t]he target image may be transmitted from one of the plurality of terminals 111 to 115 to another terminal [or] the target image may be provided from the server 120 to the plurality of terminals 111 to 115” [Park, 0041]. The input target data of Park (also called “target data” [Park, figure 3] or “input data” [Park, 0025]) maps to the “sample” of the claim, and the transmission by which it is received maps to the “data stream” of the claim.)
determining, by the first edge node, that the sample cannot be soft labeled at the node ([Park, 0033]: Each subclassification model classifies objects into one of a number of classes – including “a plurality of preset target classes” and, “in some embodiments”, an Others class (“which [is a] class other than the target classes”) [Park, 0033]. An assignment to the Others class falls under the broadest reasonable interpretation of a determination “that the sample cannot be soft labeled at the node” as recited by the claim.)
determining, by the first edge node, a set of unlikely classes for the sample, the set comprising one or more known classes whose predicted probabilities are below a second threshold; ([Park, 0032-0033, 0050]: As noted above, the input target data is classified into the Others class by the subclassification model of the terminal that is mapped to the “first edge node” of the claim above [Park, 0032-0033, 0050]. The confidence value assigned to the Others class maps to the “second threshold” of the claim, and all of the target classes of that subclassification model (i.e., all of the classes associated with that model besides the Others class) map to the “unlikely classes” of the claim. For example, in the embodiment depicted in [Park, figure 2], if the input target data was classified into Others by the second classification model 212, so that the second terminal is the “first edge node” of the claim. Then C and D would be the “unlikely classes” of the claim (since the confidence values for those two classes would be below that of the confidence value of the Others class, i.e., they are “one or more known classes whose predicted probabilities are below [the] second threshold” as recited by the claim). The applicant is also invited to consult [Park, 0055-0056], or Daniels or Ebihara as cited in the conclusion of a previous Office action.)
[when the set of neighboring edge nodes is not empty,] determining whether information identifying the classes not known to the first edge is available; when the information identifying classes is available, selecting, by the first edge node, a candidate node from the set of neighboring nodes, wherein the candidate node is a neighboring node having a maximum number of classes not known to the first edge node; when the information identifying classes is not available, selecting, by the first edge node, the candidate node from the set of neighboring nodes, wherein the candidate node is a neighboring edge node having a maximum number of classes known to the first edge node; [when the set of neighboring edge nodes is empty, communicating the sample to the central node] and selecting, by the central node, the candidate node from among all nodes in the system; ([Park, 0041]: This recites conditional limitations: the claim does not require the “set of neighboring edge nodes” to be either non-empty or empty, and if it is non-empty, it does not require the “information identifying the classes not known to the first edge node” to be either available or unavailable. As a result, the claim does not require any of the three selection strategies. It at best requires at most one of the three. For the sake of simplicity, the mapping here maps the selection strategy corresponding to the situation when set of neighboring edge nodes is empty. Park discloses that the input target data “may be transmitted from one of the plurality of terminals 111 to 115 to another terminal” [Park, 0041]. The other terminal to which the data is transmitted is the “candidate node” of the claim since it is selected “from among all nodes in the system” as recited by the claim. Tangentially, the examiner notes that, in one of the embodiments depicted in Park, there are 10 target labels A to J, and each of the 5 subclassification models is associated with exactly 2 of those target labels, with no two subclassification models sharing any target labels [Park, figure 2]. In this case, every neighboring node has exactly 2 “classes not known to the first edge node”, so any of these neighboring nodes “ha[s] a maximum number of classes not known to the first edge node”; and similarly, every neighboring node has exactly 0 “classes known to the first edge node”, so any of these neighboring nodes “ha[s] a maximum number of classes known to the first edge node”.)
communicating the sample to the candidate node; ([Park, 0041]: As noted above, Park discloses that the input target data “may be transmitted from one of the plurality of terminals 111 to 115 to another terminal” [Park, 0041]. The terminal to which the data is transmitted/communicated is the “candidate node” of the claim.)
receiving, from the candidate node, a soft label for the sample, wherein the soft label comprises a probability distribution generated by a classifier at the candidate node over a set of known classes of the candidate node; ([Park, 0042, 0050]: Every terminal in Park has a subclassification model with a set of target classes. In particular, considering the terminal that has been mapped to the “candidate node” as described above, the subclassification model at that terminal maps to the “classifier of the candidate node” of the claim and its target classes to the “set of known classes of the candidate node” of the claim. As noted above, the classification data generated by that terminal includes confidence values for each of the target classes associated to that model [Park, 0050], so this classification data generated by the “candidate node” as mapped above maps to the “soft label for the sample, wherein the soft label comprises a probability distribution generated by [the] classifier at the candidate node over [the] set of known classes of the candidate node” as recited by the claim. Moreover, Park discloses that “[o]ne of the plurality of terminals 111 to 115 may receive classification data generated by another terminal” [Park, 0042]. This receiving step maps to the “receiving” step of the claim.)
and when the candidate node determines that the sample cannot be soft labeled, repeating the identifying and selecting steps to select a different candidate node. ([Park, 0033, 0041]: This recites a conditional limitation since the claim does not require the candidate node to determine that the sample cannot be soft labeled. Moreover, the intended scope of “the identifying and selecting steps” is unclear (cf. 112(b) limitations). In any case, as noted above, Park discloses that each subclassification model includes an Others class [Park, 0033] and that “target image may be transmitted from one of the plurality of terminals 111 to 115 to another terminal” [Park, 0041]. An assignment to the Others class by the node mapped above to the “candidate node” falls under the broadest reasonable interpretation of a determination “that the sample cannot be soft labeled” by the “candidate node” as recited by the claim, and then the same mappings for the “identifying and selecting steps” as given above can be used here. The applicant is also invited to consult Ash as cited in the rejection of claim 11 given below.)
Park might not distinctly disclose:
[determining, by the first edge node, that the sample cannot be soft labeled at the node] based on a reconstruction error of an autoencoder at the first edge node exceeding a first threshold
identifying, by the first edge node, a set of neighboring edge nodes configured for communication with the first edge node based on one or more of latency, bandwidth, or transmission cost;
when the set of neighboring edge nodes is not empty, … when the set of neighboring edge nodes is empty, communicating the sample to the central node
Oza is in the field of machine learning and discloses a method of open-set classification [Oza, title and abstract]. Moreover, Park in view of Oza discloses:
[determining, by the first edge node, that the sample cannot be soft labeled at the node] based on a reconstruction error of an autoencoder at the first edge node exceeding a first threshold ([Oza, section 3]: Oza discloses a method for open-set classification in which reconstruction scores Rec_{min} from the autoencoder are compared against a threshold tau, where the Rec_{min} exceeding tau means that the classification is Unknown [Oza, section 3.3 algorithm 1]. The examiner notes that neural network models F and G in [Oza, section 3.3 algorithm 1] are, respectively, the encoder and decoder of an autoencoder, respectively [Oza, sections 3.1-2]. In other words, Rec_{min} maps to the “reconstruction error of an autoencoder” of the claim, and tau to the “first threshold” of the claim. In the combination, the open-set classification done by the “first edge node” of the claim as mapped above is done using the architecture disclosed by Oza.)
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to combine the distributed classification system of Park with the autoencoder-based open-set classification system of Oza because “[e]xperiments performed on multiple image classification datasets show proposed method performs significantly better than state of the art” [Oza, abstract], thereby resulting in a more effective combination overall.
Sapek is in the field of distributed computing. Moreover, Park in view of Oza and Sapek discloses:
identifying, by the first edge node, a set of neighboring edge nodes configured for communication with the first edge node based on one or more of latency, bandwidth, or transmission cost; ([Sapek, 0042, 0047, and figure 10]: Sapek discloses “selection, by a node, of a set of neighbors”, where the selection is “based on a variety of other factors, such as (e.g.) physical proximity, network topology (e.g., a subset of nodes on the same local area network or within a range of IP addresses), or comparatively low network latencies among the source node 12 and the neighbors” [Sapek, 0047]. It further discloses forming a “swarm network” which is a subset of the neighbor set [Sapek, figure 10 and 0042] to which data is transmitted (cf. “send the updated object 14 to the swarm nodes” [Sapek, 0042]). The factors described in Sapek for selecting the neighbor set fall under the broadest reasonable interpretation of “one or more latency, bandwidth, or transmission cost” as recited by the claim. Tangentially, the examiner notes that, in the combination, any one of the swarm nodes can be taken to be the candidate node as disclosed by the Park so that the candidate note would be “select[ed]… from the set of neighboring edge nodes” as recited in certain contingent limitations of the claim.)
when the set of neighboring edge nodes is not empty, … when the set of neighboring edge nodes is empty, ([Sapek, 0047]: Sapek mentions a “neighbor set comprising any number of neighbors” and more specifically discusses certain actions to be taken in case of an “empty neighbor set” [Sapek, 0047].)
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to combine the distributed classification system of Park in view of Oza with a use of neighbor sets as in Sapek because it “may help avoid… network congestion and inefficient synchronization” [Sapek, 0047], so the combination would be more efficient overall.
The claim does not require the set of neighboring edge nodes to be empty, and therefore also does not require any actions which are contingent on this hypothesis. Nonetheless, it may nonetheless be argued that Park in view of Oza and Sapek might not distinctly disclose:
[when the set of neighboring edge nodes is empty,] communicating the sample to the central node
Richard is in the field of distributed computing. Moreover, Park in view of Oza, Sapek, and Richard discloses:
[when the set of neighboring edge nodes is empty,] communicating the sample to the central node ([Richard, 0003]: Richard discloses a system in which, when a “device 101a wishes to distribute data to other devices in the network, e.g. devices 101b to 101n, the device 101a sends the data to the central server 102. The central server knows which devices are connected to it, and therefore is able to distribute the data as appropriate to the devices 101b to 101n” [Richard, 0003]. Sending data to the central server maps to the step of “communicating the sample to the central node” of the claim. The central server distributing data to an appropriate device corresponds to the selection of and communication to the candidate node of the claim as mapped from Park. In the combination, these actions may be taken when the neighbor set of Sapek is empty.)
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to combine the distributed classification system of Park in view of Oza and Sapek with the process of routing data through the central server as described in Richard because it would ensure that the system is able to transmit data even from nodes that have no neighbors, thereby ensuring that the system is more robust overall.
Claim 2
Park in view of Oza, Sapek, and Richard discloses elements of the parent claim(s). It also discloses:
[The method of claim 1, wherein] determining unlikely classes includes, when the first edge node includes an open set model, including all classes known to the first edge node in the unlikely classes. ([Park, 0033]: The broadest reasonable interpretation of this claim does not require that the “first edge node” actually include “an open set model”, which means that it also does not require the set of unlikely classes to have any additional properties. In other words, the mappings as given under the parent claim already satisfy the broadest reasonable interpretation of the contingent limitation of this dependent claim. Nonetheless, as noted under the parent claim, Park discloses that their subclassification models may, “in some embodiments”, include an Others class “which [is a] class other than the target classes” [Park, 0033]. A subclassification model including an Others class maps to the “open set model” of the claim. Moreover, the mappings described under the parent claim include a mapping in which all of the target classes of a subclassification model (i.e., all of the classes allocated to the model except for the Others class) are mapped to the “unlikely classes” of the claim, so the target classes map to the “all classes known to the node” of the claim.)
The same motivation to combine applies.
Claim 3
Park in view of Oza, Sapek, and Richard discloses elements of the parent claim(s). It also discloses:
[The method of claim 1, wherein] determining unlikely classes includes, when the model executing at the first edge node does not include an open set model, including in the set of unlikely classes those classes known to the first edge node whose predicted probabilities are lower than the second threshold. ([Park, 0033]: The broadest reasonable interpretation of this claim does not require the “model executing at the first edge node” to actually not include an “open set model”, which means that it also does not require the set of unlikely classes to have any particular properties. In other words, the mappings as given under the parent claim already satisfy the broadest reasonable interpretation of the contingent limitation of this dependent claim. Nonetheless, as noted under the parent claim, Park discloses that their subclassification models may, “in some embodiments”, include an Others class “which [is a] class other than the target classes” [Park, 0033]. Since the Others class need only occur in some embodiments, the subclassification models need not include an Others class and so need not be an “open set model” as recited by the claim. Moreover, the mappings described under the parent claim include a mapping wherein the unlikely classes are those whose predicted probabilities are lower than the second threshold.)
The same motivation to combine applies.
Claim 4
Park in view of Oza, Sapek, and Richard discloses elements of the parent claim(s). It also discloses:
[The method of claim 1, further comprising] selecting, as the candidate node, a neighboring edge node that has the maximum number of classes not known to the first edge node. ([Park, 0041 and figure 2; Sapek, 0047]: As noted under the parent claim, Park in view of Oza, Sapek and Richard discloses selecting, as the candidate node, a neighboring node having the property that the number of its target classes not known to the first edge node is a maximum.)
The same motivation to combine applies.
Claim 5
Park in view of Oza, Sapek, and Richard discloses elements of the parent claim(s). It also discloses:
[The method of claim 1, further comprising] selecting the candidate node such that an intersection of classes known to the candidate node and classes known to the first edge node is maximized. ([Park, 0041 and figure 2]: As noted under the parent claim, Park in view of Sapek and Richard discloses selecting, as the candidate node, a neighboring node having the property that the number of its target classes which are also known to the first edge node is a maximum.)
The same motivation to combine applies.
Claim 6
Park in view of Oza, Sapek, and Richard discloses elements of the parent claim(s). It also discloses:
[The method of claim 1, further comprising:] selecting a plurality of candidate nodes; communicating the sample to each of the plurality of candidate nodes, wherein each of the plurality of candidate nodes generates a candidate soft label for the sample; ([Park, figure 1; Sapek, 0042 and figure 10]: As noted under the parent claim, Park discloses input target data being transmitted to each of the plurality of terminals [Park, 0041 and figure 1], where each terminal stores a subclassification model that generates classification data [Park, 0031-0032], including confidence values associated to all of the (target) classes of the subclassification model [Park, 0050]. The plurality of terminals maps to the “plurality of candidate nodes” of the claim, transmitting data to the terminals is the “communicating” step of the claim, and any class together with a corresponding confidence value that is produced by that subclassification model maps to the “candidate soft label” of the claim. Alternatively, in the combination with Sapek, the swarm nodes of Sapek (i.e., the subset of the neighbor set) [Sapek, figure 10 and 0042] could be taken to be the “plurality of candidate nodes” of the claim.)
aggregating the candidate soft labels generated by the plurality of candidate nodes into a single soft label for the sample before communicating the single soft label to the central node; and communicating the single soft label to the central node. ([Park, 0043-0044, 0052-0055]: These limitations can be mapped in one of at least two ways. First, as noted under the parent claim, Park discloses several strategies for processing the classification data produced by the subclassification models in order to obtain a “final class” alongside its associated confidence value [Park, 0052-0055], and then the “determined final class is provided to the client” [Park, 0043]. In this case, the final class maps to the “single soft label” of the claim, any of the strategies used to produce it can map to the “aggregating” step. Second, Park discloses embodiments where a target class is shared across multiple subclassification models (e.g., class B in [Park, figure 4]), and where the confidence value associated to such a shared class may be taken to an average, or a maximum, across the confidence values assigned to it by the associated subclassification models [Park, 0054]. The resulting classification data is then transmitted to either a terminal or a server for determining the final class [Park, 0044]. In this case, the shared class together with its aggregated confidence value maps to the “single soft label” of the claim.)
The same motivation to combine applies.
Claim 7
Park in view of Oza, Sapek, and Richard discloses elements of the parent claim(s). It also discloses:
[The method of claim 1, further comprising] selecting the candidate node from the set of neighboring edge nodes. ([Park, 0041, Sapek, 0047]: As noted under the parent claim, Park discloses selecting a candidate node, Sapek discloses constructing a neighbor set and choosing from the neighbor set, and the combination discloses the selection of the candidate node from the neighbor set.)
The same motivation to combine applies.
Claim 8
Park in view of Oza, Sapek, and Richard discloses elements of the parent claim(s). It also discloses:
[The method of claim 1, further comprising] communicating the soft label generated by the candidate node to the central node. ([Park, 0042-0043]: As noted under the parent claim, the server and/or client maps to the “central node” of the claim. Park discloses that “the server 120 may receive the classification data” that is generated at a terminal by a subclassification model [Park, 0042] and also that the “determined final class is provided to the client” [Park, 0043].)
The same motivation to combine applies.
Claim 9
Park in view of Oza, Sapek, and Richard discloses the elements of the parent claim(s). It also discloses:
[The method of claim 1, further comprising,] when the set of neighboring edge nodes is empty, selecting the candidate node by the central node from among all nodes. ([Sapek, 0047; Park, 0040-0041]: This limitation repeats a limitation already substantively incorporated into the parent claim, and it disclosed in the same way as noted above. Sapek discloses constructing a neighbor set as well as an empty neighbor set [Sapek, 0047] and Park discloses selecting the candidate node from among all nodes [Park, 0040-0041].)
The same motivation to combine applies.
Claim 10
Park in view of Oza, Sapek, and Richard discloses elements of the parent claim(s). It also discloses:
[The method of claim 1, wherein] the sample is identified as a sample that cannot be soft labeled based on the reconstruction error exceeding the first threshold. ([Park, 0033; Oza, section 3]: The substance of this limitation is already found in the parent claim, and its mapping is explained therein.)
The same motivation to combine applies.
Claim 12
Park discloses:
In a system including a central node associated with a plurality of nodes, ([Park, figure 1]: Park discloses a distributed computing system having a client 130, a server 120, and a plurality 110 of terminals 111-115 [Park, figure 1; see also, 0029]. For the sake of concreteness, the plurality 110 of terminals 111-115 maps to the “plurality of nodes” of the claim, and the server 120 and/or client 130 to the “central node” of the claim.)
a non-transitory storage medium having stored therein instructions that are executable by one or more hardware processors to perform operations comprising: ([Park, 0026, 0074]: Park discloses that the methods disclosed therein “may be performed in a computing device including a processor and a memory” and “may be implemented in the form of a program command executable by various computing means and recorded on a computer readable recording medium” [Park, 0074].)
training a model at a first edge node; ([Park, 0001, 0031, 0037, 0058]: Park discloses “a method of distributing pretrained classification models to several terminals” [Park, 0001], i.e., where “[s]ubclassification models are each stored in one of the terminals 111 to 115 in a distributed manner” [Park, 0031]. Moreover, various aspects of training these subclassification models are discussed, for example, in [Park, 0037, 0058, etc]. Any one of the terminals is the “first edge node” of the claim, the subclassification model at that terminal is the “model at [the] first edge node” of the claim, and its training maps to the “training” step of the claim. This mapping for the “first edge node” is refined in the following parentheticals.)
identifying, by the model executing at the first edge node, a sample from a data stream received at the first edge node by the model; ([Park, 0032, 0041]: Park discloses that “[t]he subclassification models may generate classification data for input target data, for example, a target image” [Park, 0032], where “[t]he target image may be transmitted from one of the plurality of terminals 111 to 115 to another terminal [or] the target image may be provided from the server 120 to the plurality of terminals 111 to 115” [Park, 0041]. The input target data of Park (also called “target data” [Park, figure 3] or “input data” [Park, 0025]) maps to the “sample” of the claim, and the transmission by which it is received maps to the “data stream” of the claim.)
determining, by the first edge node, that the sample cannot be soft labeled at the node ([Park, 0033]: Each subclassification model classifies objects into one of a number of classes – including “a plurality of preset target classes” and, “in some embodiments”, an Others class (“which [is a] class other than the target classes”) [Park, 0033]. An assignment to the Others class falls under the broadest reasonable interpretation of a determination “that the sample cannot be soft labeled at the node” as recited by the claim.)
determining, by the first edge node, a set of unlikely classes for the sample, the set comprising one or more known classes whose predicted probabilities are below a second threshold; ([Park, 0032-0033, 0050]: As noted above, the input target data is classified into the Others class by the subclassification model of the terminal that is mapped to the “first edge node” of the claim above [Park, 0032-0033, 0050]. The confidence value assigned to the Others class maps to the “second threshold” of the claim, and all of the target classes of that subclassification model (i.e., all of the classes associated with that model besides the Others class) map to the “unlikely classes” of the claim. For example, in the embodiment depicted in [Park, figure 2], if the input target data was classified into Others by the second classification model 212, so that the second terminal is the “first edge node” of the claim. Then C and D would be the “unlikely classes” of the claim (since the confidence values for those two classes would be below that of the confidence value of the Others class, i.e., they are “one or more known classes whose predicted probabilities are below [the] second threshold” as recited by the claim). The applicant is also invited to consult [Park, 0055-0056], or Daniels or Ebihara as cited in the conclusion of a previous Office action.)
[when the set of neighboring edge nodes is not empty,] determining whether information identifying the classes not known to the first edge is available; when the information identifying classes is available, selecting, by the first edge node, a candidate node from the set of neighboring nodes, wherein the candidate node is a neighboring node having a maximum number of classes not known to the first edge node; when the information identifying classes is not available, selecting, by the first edge node, the candidate node from the set of neighboring nodes, wherein the candidate node is a neighboring edge node having a maximum number of classes known to the first edge node; [when the set of neighboring edge nodes is empty, communicating the sample to the central node] and selecting, by the central node, the candidate node from among all nodes in the system; ([Park, 0041]: This recites conditional limitations: the claim does not require the “set of neighboring edge nodes” to be either non-empty or empty, and if it is non-empty, it does not require the “information identifying the classes not known to the first edge node” to be either available or unavailable. As a result, the claim does not require any of the three selection strategies. It at best requires at most one of the three. For the sake of simplicity, the mapping here maps the selection strategy corresponding to the situation when set of neighboring edge nodes is empty. Park discloses that the input target data “may be transmitted from one of the plurality of terminals 111 to 115 to another terminal” [Park, 0041]. The other terminal to which the data is transmitted is the “candidate node” of the claim since it is selected “from among all nodes in the system” as recited by the claim. Tangentially, the examiner notes that, in one of the embodiments depicted in Park, there are 10 target labels A to J, and each of the 5 subclassification models is associated with exactly 2 of those target labels, with no two subclassification models sharing any target labels [Park, figure 2]. In this case, every neighboring node has exactly 2 “classes not known to the first edge node”, so any of these neighboring nodes “ha[s] a maximum number of classes not known to the first edge node”; and similarly, every neighboring node has exactly 0 “classes known to the first edge node”, so any of these neighboring nodes “ha[s] a maximum number of classes known to the first edge node”.)
communicating the sample to the candidate node; ([Park, 0041]: As noted above, Park discloses that the input target data “may be transmitted from one of the plurality of terminals 111 to 115 to another terminal” [Park, 0041]. The terminal to which the data is transmitted/communicated is the “candidate node” of the claim.)
receiving, from the candidate node, a soft label for the sample, wherein the soft label comprises a probability distribution generated by a classifier at the candidate node over a set of known classes of the candidate node; ([Park, 0042, 0050]: Every terminal in Park has a subclassification model with a set of target classes. In particular, considering the terminal that has been mapped to the “candidate node” as described above, the subclassification model at that terminal maps to the “classifier of the candidate node” of the claim and its target classes to the “set of known classes of the candidate node” of the claim. As noted above, the classification data generated by that terminal includes confidence values for each of the target classes associated to that model [Park, 0050], so this classification data generated by the “candidate node” as mapped above maps to the “soft label for the sample, wherein the soft label comprises a probability distribution generated by [the] classifier at the candidate node over [the] set of known classes of the candidate node” as recited by the claim. Moreover, Park discloses that “[o]ne of the plurality of terminals 111 to 115 may receive classification data generated by another terminal” [Park, 0042]. This receiving step maps to the “receiving” step of the claim.)
and when the candidate node determines that the sample cannot be soft labeled, repeating the identifying and selecting steps to select a different candidate node. ([Park, 0033, 0041]: This recites a conditional limitation since the claim does not require the candidate node to determine that the sample cannot be soft labeled. Moreover, the intended scope of “the identifying and selecting steps” is unclear (cf. 112(b) limitations). In any case, as noted above, Park discloses that each subclassification model includes an Others class [Park, 0033] and that “target image may be transmitted from one of the plurality of terminals 111 to 115 to another terminal” [Park, 0041]. An assignment to the Others class by the node mapped above to the “candidate node” falls under the broadest reasonable interpretation of a determination “that the sample cannot be soft labeled” by the “candidate node” as recited by the claim, and then the same mappings for the “identifying and selecting steps” as given above can be used here. The applicant is also invited to consult Ash as cited in the rejection of claim 11 given below.)
Park might not distinctly disclose:
[determining, by the first edge node, that the sample cannot be soft labeled at the node] based on a reconstruction error of an autoencoder at the first edge node exceeding a first threshold
identifying, by the first edge node, a set of neighboring edge nodes configured for communication with the first edge node based on one or more of latency, bandwidth, or transmission cost;
when the set of neighboring edge nodes is not empty, … when the set of neighboring edge nodes is empty, communicating the sample to the central node
Oza is in the field of machine learning and discloses a method of open-set classification [Oza, title and abstract]. Moreover, Park in view of Oza discloses:
[determining, by the first edge node, that the sample cannot be soft labeled at the node] based on a reconstruction error of an autoencoder at the first edge node exceeding a first threshold ([Oza, section 3]: Oza discloses a method for open-set classification in which reconstruction scores Rec_{min} from the autoencoder are compared against a threshold tau, where the Rec_{min} exceeding tau means that the classification is Unknown [Oza, section 3.3 algorithm 1]. The examiner notes that neural network models F and G in [Oza, section 3.3 algorithm 1] are, respectively, the encoder and decoder of an autoencoder, respectively [Oza, sections 3.1-2]. In other words, Rec_{min} maps to the “reconstruction error of an autoencoder” of the claim, and tau to the “first threshold” of the claim. In the combination, the open-set classification done by the “first edge node” of the claim as mapped above is done using the architecture disclosed by Oza.)
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to combine the distributed classification system of Park with the autoencoder-based open-set classification system of Oza because “[e]xperiments performed on multiple image classification datasets show proposed method performs significantly better than state of the art” [Oza, abstract], thereby resulting in a more effective combination overall.
Sapek is in the field of distributed computing. Moreover, Park in view of Oza and Sapek discloses:
identifying, by the first edge node, a set of neighboring edge nodes configured for communication with the first edge node based on one or more of latency, bandwidth, or transmission cost; ([Sapek, 0042, 0047, and figure 10]: Sapek discloses “selection, by a node, of a set of neighbors”, where the selection is “based on a variety of other factors, such as (e.g.) physical proximity, network topology (e.g., a subset of nodes on the same local area network or within a range of IP addresses), or comparatively low network latencies among the source node 12 and the neighbors” [Sapek, 0047]. It further discloses forming a “swarm network” which is a subset of the neighbor set [Sapek, figure 10 and 0042] to which data is transmitted (cf. “send the updated object 14 to the swarm nodes” [Sapek, 0042]). The factors described in Sapek for selecting the neighbor set fall under the broadest reasonable interpretation of “one or more latency, bandwidth, or transmission cost” as recited by the claim. Tangentially, the examiner notes that, in the combination, any one of the swarm nodes can be taken to be the candidate node as disclosed by the Park so that the candidate note would be “select[ed]… from the set of neighboring edge nodes” as recited in certain contingent limitations of the claim.)
when the set of neighboring edge nodes is not empty, … when the set of neighboring edge nodes is empty, ([Sapek, 0047]: Sapek mentions a “neighbor set comprising any number of neighbors” and more specifically discusses certain actions to be taken in case of an “empty neighbor set” [Sapek, 0047].)
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to combine the distributed classification system of Park in view of Oza with a use of neighbor sets as in Sapek because it “may help avoid… network congestion and inefficient synchronization” [Sapek, 0047], so the combination would be more efficient overall.
The claim does not require the set of neighboring edge nodes to be empty, and therefore also does not require any actions which are contingent on this hypothesis. Nonetheless, it may nonetheless be argued that Park in view of Oza and Sapek might not distinctly disclose:
[when the set of neighboring edge nodes is empty,] communicating the sample to the central node
Richard is in the field of distributed computing. Moreover, Park in view of Oza, Sapek, and Richard discloses:
[when the set of neighboring edge nodes is empty,] communicating the sample to the central node ([Richard, 0003]: Richard discloses a system in which, when a “device 101a wishes to distribute data to other devices in the network, e.g. devices 101b to 101n, the device 101a sends the data to the central server 102. The central server knows which devices are connected to it, and therefore is able to distribute the data as appropriate to the devices 101b to 101n” [Richard, 0003]. Sending data to the central server maps to the step of “communicating the sample to the central node” of the claim. The central server distributing data to an appropriate device corresponds to the selection of and communication to the candidate node of the claim as mapped from Park. In the combination, these actions may be taken when the neighbor set of Sapek is empty.)
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to combine the distributed classification system of Park in view of Oza and Sapek with the process of routing data through the central server as described in Richard because it would ensure that the system is able to transmit data even from nodes that have no neighbors, thereby ensuring that the system is more robust overall.
Claims 13-20 inherit limitations from claim 20 and recite additional limitations which are substantially similar to those recited by claims 2-10 (which claim 19 reciting limitations found in claims 8-9), so they are rejected by the same rationale.
Claim(s) 11 is/are rejected under 35 USC 103 as being unpatentable over Park in view of Oza, Sapek, and Richard, further in view of Kevin ASH et al. (US20170109226A1, published 2017-04-20; hereafter, “Ash”).
Claim 11
Park in view of Oza, Sapek, and Richard discloses the elements of the parent claim(s). It does not distinctly disclose:
[The method of claim 1, further comprising] marking the sample for manual labelling after a threshold number of attempts have been attempted to determine the soft label.
Ash is in the field of computation. Moreover, Park in view of Oza, Sapek, Richard, and Ash discloses:
[The method of claim 1, further comprising] marking the sample for manual labelling after a threshold number of attempts have been attempted to determine the soft label. ([Ash, abstract]: Ash discloses a system in which, “in response to a failure beyond a threshold number of times…, an error notification is transmitted for manual intervention” [Ash, abstract]. In the combination, the classification procedure of Park is iterated, the threshold number of failures of Ash maps to the “threshold number of attempts” of the claim, and transmitting an error notification for manual intervention as in Ash maps to “marking the sample for manual labeling” as in the claim.)
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to combine the classification system of Park in view of Oza, Sapek, and Richard with the idea of flagging problematic items for manual intervention as in Ash because it would avoid expending computing resources for tasks on which the system repeatedly fails.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/S.A./Examiner, Art Unit 2123
/ALEXEY SHMATOV/Supervisory Patent Examiner, Art Unit 2123
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