DETAILED ACTION
Remarks
This office action is issued in response to communication filed on 4/8/2026. Claims 1-2,5-7,9-11,14-18 and 20 are pending in this Office Action.
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 .
Response to Amendment
The amendment filed 4/8/2026 fails to overcome the 112 (a) and 112(b) rejection. The amended claim 1 now recites in part “ (d) a computer processor of a data as a service layer in a data analytics organization of the enterprise”. However , the recited processor is not the “corresponding hardware structure” that performs the function recited in steps (b) (“perform feature engineering” ) and (c) (“process operational system information “). Accordingly, the examiner maintains the rejections.
Claim Interpretation
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function (bold and underlined emphasis added) and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “(b) a ML feature pipeline, in the data analytics organization, to perform feature engineering based on the data virtualization to create a ML model”;
“(c) a consumer layer, in an operational system organization of the enterprise and implemented via a microservice framework, to process operational system information utilizing a business rule engine” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-2,5-7 and 9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 1:
Claim limitations " a ML feature pipeline, in the data analytics organization, to perform feature engineering based on the data virtualization to create a ML model” and “a consumer layer, in an operational system organization of the enterprise and implemented via a microservice framework, to process operational system information utilizing a business rule engine ” invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The examiner is unable to find anywhere in the specification a corresponding structure, materials or acts of “a ML feature pipeline” that performs the function of “perform feature engineering based on the data virtualization to create a ML model” and a corresponding structure, materials or acts of “a consumer layer” that performs the function of “process operational system information utilizing a business rule engine” as recited in claim 1. Therefore, the claim 1 is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. Due at least to their dependency upon Claim 1, claims 2,4-7 and 9 are also indefinite.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
4. Claims 1-2,5-7 and 9 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 recites “a ML feature pipeline” that performs the function of “perform feature engineering based on the data virtualization to create a ML model”; “a consumer layer” that performs the function of “process operational system information utilizing a business rule engine”. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Due at least to their dependency upon Claim 1, claims 2,4-7 and 9 also fail to comply with the written description requirement.
Examiner Suggestion
The examiner suggests the following language to overcome the 112(a) and 112(b) rejection.
1. (Currently amended) A system associated with a Machine Learning ("ML") framework for an enterprise, comprising: a computer processor; (a) an analytics data store, in a data analytics organization of the enterprise, containing electronic records associated with the enterprise, each electronic record including an electronic record identifier and record characteristics to be processed by a data as a service layer to create data virtualization, wherein the analytics data store is associated with all of: (i) an on-premises enterprise database, (ii) an operational datastore, (iii) a data warehouse, (iv) third-party data, (v) a cloud data lake, and (vi) semantic data; (b) a ML feature pipeline, in the data analytics organization, executed by the processor to perform feature engineering based on the data virtualization to create a ML model; (c) a consumer layer, in an operational system organization of the enterprise and implemented via a microservice framework, executed by the processor to process operational system information utilizing a business rule engine; (d) a computer memory, coupled to the computer processor, storing instructions that, when executed by the computer processor cause the system real-time inference platform to:(i) receive the ML model created by the ML feature pipeline,(ii) receive data collected and prepared by the consumer layer utilizing the business rule engine, wherein the received data comprises Representational State Transfer ("REST") information processed by an API gateway and an application load balancer in the data science organization, (iii) expose an Application Programming Interface ("API") endpoint associated with deployment of the ML model using the data received from the consumer layer, and (iv) execute a continuous training process associated with model artifacts, model training jobs and algorithm selection for deployment of the ML model; and [[(f)]] (e) a Continuous Integration/Continuous Delivery ("CI/CD") platform, in the data science organization, to automatically provide feedback information to the ML feature pipeline regarding performance of the deployed ML model.
Allowable Subject Matter
Claims 1-2,5-7,9-11,14-18 and 20 allowed. Although these claims are allowed over prior art, all other rejections and/or objections (if any) such as 101,112, or claim objection must be overcome before the claims are allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HIEN DUONG whose telephone number is (571)270-7335. The examiner can normally be reached Monday-Friday 8:00AM-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Viker Lamardo can be reached at 571-270-5871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HIEN L DUONG/Primary Examiner, Art Unit 2147
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