Prosecution Insights
Last updated: October 02, 2026
Application No. 17/679,985

TENSOR MODIFICATION BASED ON PROCESSING RESOURCES

Non-Final OA §101
Filed
Feb 24, 2022
Priority
Jan 28, 2022 — continuation of PCTCN2022074571
Examiner
KHAN, SHAHID K
Art Unit
2146
Tech Center
2100 — Computer Architecture & Software
Assignee
NVIDIA Corporation
OA Round
3 (Non-Final)
75%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
306 granted / 410 resolved
+19.6% vs TC avg
Strong +15% interview lift
Without
With
+15.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
22 currently pending
Career history
429
Total Applications
across all art units

Statute-Specific Performance

§101
10.3%
-29.7% vs TC avg
§103
56.9%
+16.9% vs TC avg
§102
14.3%
-25.7% vs TC avg
§112
17.6%
-22.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 410 resolved cases

Office Action

§101
DETAILED ACTION This communication is in response to the after-final amendment filed 6/30/26 in which claims 1-5, 7-12, 15-18 were amended. Claims 1-21 are currently pending. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 6/30/26 has been entered. Response to Arguments The 103 art rejection over Yoon and Busato is withdrawn. Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 1-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Claim 1 A processor comprising: one or more circuits to: determine that respective dimensions of one or more tensors have different lengths with respect to a shape that can be processed using a structured sparsity of one or more processing resources; and modify the different lengths of the different respective dimensions of the one or more tensors to fit the shape of the structured sparsity of one or more processing resources. Step 1: YES. The claim is directed to a processor and, therefore, is a statutory category. Step 2A Prong 1: YES. Determining that the dimension of a tensor has a different length with respect to a shape that can be processed using a structured sparsity of a processor, can be performed mentally and, therefore, falls under the Mental Processes category of abstract ideas. Modifying the length of a dimension of a tensor to fit the shape of the structured sparsity can also be performed mentally or with the aid of pen and paper given that a “tensor” under a broadest reasonable interpretation encompasses a mathematical object. Step 2A Prong 2/Step 2B: NO. Recitation of generic computer components (e.g., processor, circuits, processing resources) is mere instruction to apply the exception and, therefore, does not integrate the exception into a practical application or provide an inventive concept. Accordingly, claim 1 is ineligible. Claim 2 The processor of claim 1, wherein the one or more circuits are further to cause the one or more tensors to be compatible with the one or more processing resources and based, at least in part, on the modified different lengths of the different respective dimensions of the one or more tensors. Step 2A Prong 1: YES. Modifying the length of a dimension of a tensor to fit the shape of the structured sparsity can also be performed mentally or with the aid of pen and paper given that a “tensor” under a broadest reasonable interpretation encompasses a mathematical object. Step 2A Prong 2/Step 2B: NO. Recitation of generic computer components (e.g., processor, circuits, processing resources) is mere instruction to apply the exception and, therefore, does not integrate the exception into a practical application or provide an inventive concept. Claim 3 The processor of claim 1, wherein: the one or more tensors include one or more input tensors and one or more weight tensors; and the one or more circuits are further to cause the different lengths of the different respective dimensions of the one or more tensors to be modified to be compatible with the one or more processing resources. Step 2A Prong 1: YES. Modifying the length of a dimension of a tensor to fit the shape of the structured sparsity can also be performed mentally or with the aid of pen and paper given that a “tensor” under a broadest reasonable interpretation encompasses a mathematical object. Modifying the length of a dimension of a tensor to fit the shape of the structured sparsity can also be performed mentally or with the aid of pen and paper given that a “tensor” under a broadest reasonable interpretation encompasses a mathematical object. Step 2A Prong 2/Step 2B: NO. Recitation of generic computer components (e.g., processor, circuits, processing resources) is mere instruction to apply the exception and, therefore, does not integrate the exception into a practical application or provide an inventive concept. Claim 4 The processor of claim 1, wherein: modification of the different lengths of the different respective dimensions of the one or more tensors is to add a number of elements to the one or more tensors. Step 2A Prong 1: YES. Modifying the length of a dimension of a tensor to fit the shape of the structured sparsity can also be performed mentally or with the aid of pen and paper given that a “tensor” under a broadest reasonable interpretation encompasses a mathematical object. Claim 5 The processor of claim 1, wherein: the one or more tensors are one or more sparse tensors; and the different lengths of different respective dimensions of the one or more sparse tensors are modified to have one or more respective shapes identical to shapes of one or more input tensors used in training a neural network. Step 2A Prong 1: YES. Modifying the length of a dimension of a tensor to fit the shape of the structured sparsity can also be performed mentally or with the aid of pen and paper given that a “tensor” under a broadest reasonable interpretation encompasses a mathematical object. Accordingly, claim 5 is ineligible. Claim 6 The processor of claim 1, wherein: the one or more tensors include two tensors; and one or more circuits are further to cause the two tensors to be fused to be compatible with one or more sparse weight tensors. Step 2A Prong 1: YES. Modifying the length of a dimension of a tensor to fit the shape of the structured sparsity can also be performed mentally or with the aid of pen and paper given that a “tensor” under a broadest reasonable interpretation encompasses a mathematical object. Step 2A Prong 2/Step 2B: NO. Recitation of generic computer components (e.g., processor, circuits, processing resources) is mere instruction to apply the exception and, therefore, does not integrate the exception into a practical application or provide an inventive concept. Accordingly, claim 6 is ineligible. Claim 7 The processor of claim 1, wherein: the one or more tensors include one or more input tensors; and the modification of the different lengths of the different respective dimensions of the one or more dimensions includes coalescing the one or more input tensors to be compatible with a sparse weight tensor. Step 2A Prong 1: YES. Modifying the length of a dimension of a tensor to fit the shape of the structured sparsity can also be performed mentally or with the aid of pen and paper given that a “tensor” under a broadest reasonable interpretation encompasses a mathematical object. Accordingly claim 7 is ineligible. Claim 8 A system, comprising: one or more processors to cause: a determination that respective dimensions of one or more tensors have different lengths with respect to a shape that can be processed using a structured sparsity of one or more processing resources; and modification of the different lengths of the different respective dimensions of the one or more tensors to fit the shape of the structured sparsity of one or more processing resources. Step 1: YES. The claim is directed to a system and, therefore, a statutory category. Step 2A Prong 1: YES. Determining that the dimension of a tensor has a different length with respect to a shape that can be processed using a structured sparsity of a processor, can be performed mentally and, therefore, falls under the Mental Processes category of abstract ideas. Modifying the length of a dimension of a tensor to fit the shape of the structured sparsity can also be performed mentally or with the aid of pen and paper given that a “tensor” under a broadest reasonable interpretation encompasses a mathematical object. Step 2A Prong 2/Step 2B: NO. Recitation of generic computer components (e.g., processor, circuits, processing resources) is mere instruction to apply the exception and, therefore, does not integrate the exception into a practical application or provide an inventive concept. Accordingly, claim 8 is ineligible. Claim 9 The system of claim 8, wherein: the one or more tensors include one or more weight tensors and one or more input tensors; first different lengths of different respective dimensions of the one or more weight tensors and second lengths of different respective dimensions of the one or more input tensors are modified; and the second lengths of the different respective dimensions of the one or more weight tensors are modified to become sparse weight tensors. Step 2A Prong 1: YES. Determining that the dimension of a tensor has a different length with respect to a shape that can be processed using a structured sparsity of a processor, can be performed mentally and, therefore, falls under the Mental Processes category of abstract ideas. Modifying the length of a dimension of a tensor to fit the shape of the structured sparsity can also be performed mentally or with the aid of pen and paper given that a “tensor” under a broadest reasonable interpretation encompasses a mathematical object. Accordingly, claim 9 is ineligible. Claim 10 The system of claim 8, wherein: the one or more tensors include one or more input tensors and one or more weight tensors; and modification of the different lengths of different respective dimensions of the one or more input tensors is based, at least in part, on a modification other lengths of different respective dimensions of the one or more weight tensors. Step 2A Prong 1: YES. Determining that the dimension of a tensor has a different length with respect to a shape that can be processed using a structured sparsity of a processor, can be performed mentally and, therefore, falls under the Mental Processes category of abstract ideas. Modifying the length of a dimension of a tensor to fit the shape of the structured sparsity can also be performed mentally or with the aid of pen and paper given that a “tensor” under a broadest reasonable interpretation encompasses a mathematical object. Accordingly, claim 10 is ineligible. Claim 11 The system of claim 8, wherein: the one or more tensors include one or more weight tensors and one or more input tensors, and further lengths of different respective dimensions of each of the one or more weight tensors are modified based further, at least in part, on dimensions of the one or more input tensors. Step 2A Prong 1: YES. Determining that the dimension of a tensor has a different length with respect to a shape that can be processed using a structured sparsity of a processor, can be performed mentally and, therefore, falls under the Mental Processes category of abstract ideas. Modifying the length of a dimension of a tensor to fit the shape of the structured sparsity can also be performed mentally or with the aid of pen and paper given that a “tensor” under a broadest reasonable interpretation encompasses a mathematical object. Accordingly, claim 11 is ineligible. Claim 12 The system of claim 8, wherein: the one or more tensors are one or more sparse tensors compatible with the one or more processing resources; and further lengths of different respective dimensions of the one or more sparse tensors are modified to have one or more respective shapes identical to shapes of one or more input tensors used in training a neural network. Step 2A Prong 1: YES. Determining that the dimension of a tensor has a different length with respect to a shape that can be processed using a structured sparsity of a processor, can be performed mentally and, therefore, falls under the Mental Processes category of abstract ideas. Modifying the length of a dimension of a tensor to fit the shape of the structured sparsity can also be performed mentally or with the aid of pen and paper given that a “tensor” under a broadest reasonable interpretation encompasses a mathematical object. Accordingly, claim 12 is ineligible. Claim 13 The system of claim 8, wherein: the one or more tensors include two tensors that share an input; and the one or more processors are further to cause the two tensors to be fused to be compatible with a sparse weight tensor. Step 2A Prong 1: YES. Determining that the dimension of a tensor has a different length with respect to a shape that can be processed using a structured sparsity of a processor, can be performed mentally and, therefore, falls under the Mental Processes category of abstract ideas. Modifying the length of a dimension of a tensor to fit the shape of the structured sparsity can also be performed mentally or with the aid of pen and paper given that a “tensor” under a broadest reasonable interpretation encompasses a mathematical object. Accordingly, claim 13 is ineligible. Claim 14 The system of claim 8, wherein: the one or more tensors include two tensors that share an input; and the one or more processors are further to cause the two tensors to be fused using concatenation, stack, padding, or some combination thereof. Step 2A Prong 1: YES. Causing two tensors to be fused using concatenation, stack, or padding can be performed mentally or with the aid of a pen and paper and, therefore, falls under the Mental Processes grouping of abstract ideas. Step 2A Prong 2: NO. Data inputting is considered insignificant extra-solution activity. Thus, sharing an input does not cause the exception to be integrated into a practical application. Recitation of generic computer components (e.g., processor, circuits, processing resources) is mere instruction to apply the exception and, therefore, does not integrate the exception into a practical application or provide an inventive concept. Step 2B: NO. Under 2B this insignificant extra solution activity is well understood routine and conventional activity. See “Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362.” Accordingly, claim 14 is ineligible. Claim 15 A method, comprising: determining that respective dimensions of one or more tensors have different lengths with respect to a shape that can be processed using a structured sparsity of one or more processing resources; and modifying the different lengths of the different respective dimensions of the one or more tensors to fit the shape of the structured sparsity of one or more processing resources. Step 1: YES. The claim is for a method and, therefore, falls under a statutory category. Step 2A Prong 1: YES. Determining that the dimension of a tensor has a different length with respect to a shape that can be processed using a structured sparsity of a processor, can be performed mentally and, therefore, falls under the Mental Processes category of abstract ideas. Modifying the length of a dimension of a tensor to fit the shape of the structured sparsity can also be performed mentally or with the aid of pen and paper given that a “tensor” under a broadest reasonable interpretation encompasses a mathematical object. Accordingly, claim 15 is ineligible. Claim 16 The method of claim 15, wherein: the one or more tensors include one or more input tensors; and the different lengths of different respective dimensions of the one or more input tensors are modified to be expanded or coalesced. Step 2A Prong 1: YES. Causing two tensors to be fused using concatenation, stack, or padding can be performed mentally or with the aid of a pen and paper and, therefore, falls under the Mental Processes grouping of abstract ideas. Step 2A Prong 2: NO. Data inputting is considered insignificant extra-solution activity. Thus, sharing an input does not cause the exception to be integrated into a practical application. Recitation of generic computer components (e.g., processor, circuits, processing resources) is mere instruction to apply the exception and, therefore, does not integrate the exception into a practical application or provide an inventive concept. Step 2B: NO. Under 2B this insignificant extra solution activity is well understood routine and conventional activity. See “Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362.” Accordingly, claim 16 is ineligible. Claim 17 The method of claim 15, wherein: the one or more tensors include one or more weight tensors and one or more input tensors; and further lengths of different respective dimensions of the one or more weight tensors and the one or more input tensors are modified to output one or more sparse tensors. Step 2A Prong 1: YES. Characterizing tensors as weight or input tensors is a mental process. Modifying lengths of the tensors to produce sparse tensors encompasses a mental process that can be performed in the mind or with the aid of pen and paper. Accordingly, claim 17 is ineligible. Claim 18 The method of claim 15, wherein: the one or more tensors include one or more sparse tensors based, at least in part, on one or more input tensors used to train a neural network; and the different lengths of the different respective dimensions of the one or more tensors are modified to have one or more respective shapes identical to shapes of the one or more input tensors. Step 2A Prong 1: YES. Characterizing tensors as input tensors used to train a neural network is a mental process. Modifying lengths of the tensors to produce tensors identical in shape to input tensors encompasses a mental process that can be performed in the mind or with the aid of pen and paper. Accordingly, claim 18 is ineligible. Claim 19 The method of claim 15, further comprising: identifying which of the one or more tensors share an input. Step 2A Prong 1: YES. Identifying a tensor as sharing an input encompasses a mental process. Accordingly, claim 19 is ineligible. Claim 20 The method of claim 15, further comprising: analyzing which of the one or more tensors require one or more modifications, wherein the one or more tensors are between two or more layers of a neural network. Step 2A Prong 1: YES. Analyzing which tensor requires modification encompasses a mental process. Characterizing the tensors as between two layers of a neural network may also be performed mentally. Accordingly, claim 20 is ineligible. Claim 21 The method of claim 15, further comprising: analyzing the one or more tensors, wherein the one or more tensors are input tensors; and fusing together two or more input tensors that share an input and are not compatible for the one or more processing resources. Step 2A Prong 1: YES. Analyzing tensors encompasses a mental process. Fusing, under a broadest reasonable interpretation, encompasses a mental process that can be performed purely mentally or with the aid of pen and paper. Accordingly, claim 21 is ineligible. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wu, Zhaofeng, et al. "Dynamic sparsity neural networks for automatic speech recognition." ICASSP 2021-2021 IEEE International Conference on Acoustics, Speech and Signal Processing (ICASSP). IEEE, 2021. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAHID KHAN whose telephone number is (571)270-0419. The examiner can normally be reached M-F, 9-5 est. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Usmaan Saeed can be reached at (571)272-4046. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SHAHID K KHAN/Primary Examiner, Art Unit 2146
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Prosecution Timeline

Show 1 earlier event
Mar 13, 2025
Non-Final Rejection mailed — §101
Sep 15, 2025
Response Filed
Dec 31, 2025
Final Rejection mailed — §101
Jun 16, 2026
Examiner Interview Summary
Jun 16, 2026
Applicant Interview (Telephonic)
Jun 30, 2026
Request for Continued Examination
Jul 01, 2026
Response after Non-Final Action
Aug 25, 2026
Non-Final Rejection mailed — §101 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
75%
Grant Probability
90%
With Interview (+15.3%)
2y 11m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 410 resolved cases by this examiner. Grant probability derived from career allowance rate.

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