DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This action is responsive to the original application filed on 7/1/2022 and the Remarks and Amendments filed on 11/6/2025.
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 1-2, 5-15, 17-22, and 24-25 are rejected under 35 U.S.C 101 because the claimed invention is directed to an abstract idea without significantly more. The analysis of the claims will follow the 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50 (“2019 PEG”).
When considering subject matter eligibility under 35 U.S.C. 101, it must be determined whether the claim is directed to one of the four statutory categories of invention, i.e., process, machine, manufacture, or composition of matter (Step 1). If the claim does fall within one of the statutory categories, the second step in the analysis is to determine whether the claim is directed to a judicial exception (Step 2A). The Step 2A analysis is broken into two prongs. In the first prong (Step 2A, Prong 1), it is determined whether or not the claims recite a judicial exception (e.g., mathematical concepts, mental processes, certain methods of organizing human activity). If it is determined in Step 2A, Prong 1 that the claims recite a judicial exception, the analysis proceeds to the second prong (Step 2A, Prong 2), where it is determined whether or not the claims integrate the judicial exception into a practical application. If it is determined at step 2A, Prong 2 that the claims do not integrate the judicial exception into a practical application, the analysis proceeds to determining whether the claim is a patent-eligible application of the exception (Step 2B). If an abstract idea is present in the claim, any element or combination of elements in the claim must be sufficient to ensure that the claim integrates the judicial exception into a practical application, or else amounts to significantly more than the abstract idea itself.
Claim 1
Step 1: The claim recites a computing system; therefore, it is directed to the statutory category of a machine.
Step 2A Prong 1: The claim recites, inter alia:
select a fractional derivative value: Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of selecting a derivative value, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper or is a mathematical concept of selecting a fractional derivative value, which is performed through mathematical computation as evidenced by equations 1-4 and paragraphs [0032-0039] of the originally filed specification.
determine a derivative operation based on the fractional derivative value: Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mathematical concept of determining a derivative operation, which is performed through mathematical computation as evidenced by equations 1-4 and paragraphs [0032-0039] of the originally filed specification.
apply the derivative operation to an activation function to obtain a deformable fractional filter: Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mathematical concept of applying a derivative operation to an activation function, which is performed through mathematical computation as evidenced by equations 1-4 and paragraphs [0032-0039] of the originally filed specification.
generate a mask based on the deformable fractional filter: Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mathematical concept of generating a mask based on a filter, which is performed through mathematical computation as evidenced by equations 1-4 and paragraphs [0032-0039] of the originally filed specification.
convolve the mask with input data: Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mathematical concept of convolving a mask with input data, which is performed through mathematical computation as evidenced by equations 1-4 and paragraphs [0032-0039 and 0042] of the originally filed specification.
wherein to apply the derivative operation to the swish activation function, … to determine an outer product of two one-dimensional (1D) filters: Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mathematical concept of applying a derivative to a swish function to determine an outer product, which is performed through mathematical computation as evidenced by equations 1-4 and paragraphs [0032-0039 and 0042] of the originally filed specification.
Step 2A Prong 2: The claim does not recite any additional limitations which integrate the abstract idea into a practical application. Specifically, the additional elements consist of “a network controller; a processor coupled to the network controller; and a memory coupled to the processor, the memory including a set of instructions, which when executed by the processor, cause the processor to”, “the instructions, when executed, cause the processor to”, and “wherein the deformable fractional filter is to be a two-dimensional (2D) filter”.
The additional elements of “a network controller; a processor coupled to the network controller; and a memory coupled to the processor, the memory including a set of instructions, which when executed by the processor, cause the processor to” and “the instructions, when executed, cause the processor to” amount to generic computer components used as a tool to perform an existing process. Thus, the additional elements amount to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
The additional element “wherein the deformable fractional filter is to be a two-dimensional (2D) filter” amounts to no more than generally linking the use of a judicial exception to a particular technological environment or field of use (see MPEP § 2106.05(h).
Thus, even when viewed individually and as an ordered combination, these additional elements do not integrate the abstract idea into a practical application and the claim is thus directed to the abstract idea.
Step 2B: Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea.
The additional elements of “a network controller; a processor coupled to the network controller; and a memory coupled to the processor, the memory including a set of instructions, which when executed by the processor, cause the processor to” and “the instructions, when executed, cause the processor to” amount to generic computer components used as a tool to perform an existing process. Thus, the additional elements amount to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
The additional element “wherein the deformable fractional filter is to be a two-dimensional (2D) filter” amounts to no more than generally linking the use of a judicial exception to a particular technological environment or field of use (see MPEP § 2106.05(h).
Taken alone or in combination, the additional elements of the claim do not provide an inventive concept and thus the claim is subject-matter ineligible.
Claim 2
Step 1: A machine, as above.
Step 2A Prong 1: The claim recites, inter alia:
approximate a gamma function: Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mathematical concept of approximating a gamma function, which is performed through mathematical computation as evidenced by equations 1-4 and paragraphs [0032-0039] of the originally filed specification.
Step 2A Prong 2, Step 2B: The claim does not recite any additional elements that are sufficient to integrate the judicial exceptions into a practical application or amount to significantly more than the judicial exception. As such, the claim is ineligible.
Claim 5
Step 1: A machine, as above.
Step 2A Prong 1: The claim recites, inter alia:
wherein to select the fractional derivative value, the instructions, when executed, cause the processor to recursively compute the fractional derivative value: Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mathematical concept of recursively computing a fractional derivative value, which is performed through mathematical computation as evidenced by equations 1-4 and paragraphs [0032-0039] of the originally filed specification.
Step 2A Prong 2, Step 2B: The claim does not recite any additional elements that are sufficient to integrate the judicial exceptions into a practical application or amount to significantly more than the judicial exception. As such, the claim is ineligible.
Claim 6
Step 1: A machine, as above.
Step 2A Prong 1: The claim recites, inter alia:
wherein the instructions, when executed, further cause the processor to select a size of the mask based on computational resource availability: Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of selecting a mask size based on resource availability, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper.
Step 2A Prong 2, Step 2B: The claim does not recite any additional elements that are sufficient to integrate the judicial exceptions into a practical application or amount to significantly more than the judicial exception. As such, the claim is ineligible.
Claims 7-9 and 11-12
Claims 7-9 and 11-12 recite at least one non-transitory computer readable storage medium (step 1: a manufacture) using a system to perform the steps of claims 1-3 and 5-6, which by MPEP 2106.05(f) (“apply it”) cannot integrate an abstract idea into a practical application or provide significantly more than the abstract idea by itself, and are thus rejected for the same reasons set forth in the rejection of claims 1-3 and 5-6, respectively.
Claims 13-15 and 17-18
Claims 13-15 and 17-18 recite an apparatus (step 1: a machine) using one or more substrates and hardware to perform the steps of claims 1-3 and 5-6, which by MPEP 2106.05(f) (“apply it”) cannot integrate an abstract idea into a practical application or provide significantly more than the abstract idea by itself, and are thus rejected for the same reasons set forth in the rejection of claims 1-3 and 5-6, respectively.
Claim 19
Step 1: A machine, as above.
Step 2A Prong 1: The claim recites the abstract ideas of the preceding claims from which it depends.
Step 2A Prong 2, Step 2B: The additional element of “wherein the logic coupled to the one or more substrates includes transistor channel regions that are positioned within the one or more substrates” amounts to no more than generally linking the use of a judicial exception to a particular technological environment or field of use (see MPEP § 2106.05(h). Taken alone or in combination, the additional elements of the claim do not provide an inventive concept, integrate the abstract ideas into a practical application, or provide significantly more than the abstract ideas of the claim and thus the claim is subject-matter ineligible.
Claim 20
Claim 20 recites a method (step 1: a process) to perform the steps of claim 1 without any additional elements that integrate the abstract ideas into a practical application or provide significantly more than the abstract idea by itself, and is thus rejected for the same reasons set forth in the rejection of claim 1.
Claim 21
Step 1: A process, as above.
Step 2A Prong 1: The claim recites, inter alia:
approximate a gamma function: Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mathematical concept of approximating a gamma function, which is performed through mathematical computation as evidenced by equations 1-4 and paragraphs [0032-0039] of the originally filed specification.
Step 2A Prong 2, Step 2B: The claim does not recite any additional elements that are sufficient to integrate the judicial exceptions into a practical application or amount to significantly more than the judicial exception. As such, the claim is ineligible.
Claim 22
Step 1: A process, as above.
Step 2A Prong 1: The claim recites, inter alia:
wherein the activation function is to be a swish function: Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mathematical concept of computing a swish function, which is performed through mathematical computation as evidenced by equations 1-4 and paragraphs [0032-0039] of the originally filed specification.
Step 2A Prong 2, Step 2B: The claim does not recite any additional elements that are sufficient to integrate the judicial exceptions into a practical application or amount to significantly more than the judicial exception. As such, the claim is ineligible.
Claim 24
Step 1: A process, as above.
Step 2A Prong 1: The claim recites, inter alia:
recursively computing the fractional derivative value: Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mathematical concept of recursively computing a fractional derivative value, which is performed through mathematical computation as evidenced by equations 1-4 and paragraphs [0032-0039] of the originally filed specification.
Step 2A Prong 2, Step 2B: The claim does not recite any additional elements that are sufficient to integrate the judicial exceptions into a practical application or amount to significantly more than the judicial exception. As such, the claim is ineligible.
Claim 25
Step 1: A process, as above.
Step 2A Prong 1: The claim recites, inter alia:
selecting a size of the mask based on computational resource availability: Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of selecting a mask size based on resource availability, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper.
Step 2A Prong 2, Step 2B: The claim does not recite any additional elements that are sufficient to integrate the judicial exceptions into a practical application or amount to significantly more than the judicial exception. As such, the claim is ineligible.
Response to Arguments
Applicant’s arguments and amendments, filed on 11/6/2025, with respect to the 35 USC § 101 signals per se rejection of claims 7-12 have been fully considered and are persuasive. The 35 USC § 101 signals per se rejection of claims 7-12 is withdrawn.
Applicant’s arguments and amendments, filed on 11/6/2025, with respect to the 35 USC § 101 abstract idea without more rejection of the pending claims have been fully considered and are not persuasive.
Beginning on page 7 of the remarks, filed on 11/6/2025, Applicant argues “The specification notes several improvements to CNN filters. For example, that the "[t]echnology described herein replaces deformable filter kernels with 'deformable fractional filters' that require only three trainable parameters.’ Or that ‘[t]he technology described herein enables Memory reduction for CNNs-Applied to machine learning, embodiments can enable the creation of deformable convolutional layers with parametric filters, instead of adjusting every mask parameter.’ Or that ‘[t]he technology described herein also enables less adjustable parameters. The adjustment of every parameter considers the complete filter, yielding in only three training rules for the multiplied weights.’ … Exparte Desjardins also noted that the Office tends to "evaluate claims at ... a high level of generality" which this Office Action does by saying that everything is simply a mental process or mathematical concept without doing the evaluation required by the MPEP (such as the evaluation described in MPEP 2106.04(d)(1)). For at least this rationale, Applicant respectfully submits that the claims are directed toward statutory subject matter”. Examiner does not agree with Applicant’s analysis.
Although Applicant identifies several alleged improvements to CNN filters, it is not clear – and Applicant has not made it clear on the record – where these alleged improvements are reflected in the claim language. The alleged improvements appear to be reflected in only the identified abstract ideas of the claims. Abstract ideas or judicial exceptions alone cannot provide the improvement. See MPEP §2106.05(a). Applicant has failed to identify any additional elements in the claim language beyond the abstract ideas that reflect a technical improvement, integrate the abstract ideas into a practical application, or provide significantly more than the abstract ideas.
Accordingly, Applicant’s arguments and amendments are not persuasive, and the 35 USC § 101 rejection of the pending claims is maintained.
Applicant’s arguments and amendments, filed on 11/6/2025, with respect to the 35 USC § 103 rejection of the pending claims have been fully considered and are persuasive. The closest prior art of record Esquivel et al. (US 20210081756 A1) discloses an apparatus to facilitation fractional convolutional kernels, but fails to explicitly disclose wherein the deformable fractional filter is to be a two-dimensional (2D) filter, and wherein to apply the derivative operation to the swish activation function, the instructions, when executed, cause the processor to determine an outer product of two one-dimensional (1D) filters, all taught in the context of the remaining claim limitations and when considered as a whole, as claimed. Accordingly, the 35 USC § 103 rejection of the pending claims is withdrawn.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brent Hoover whose telephone number is (303)297-4403. The examiner can normally be reached Monday - Friday 9-5 MST.
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/BRENT JOHNSTON HOOVER/Primary Examiner, Art Unit 2127