Prosecution Insights
Last updated: July 17, 2026
Application No. 17/934,539

MACHINE LEARNING MODEL TO FILL GAPS IN ADAPTIVE RATE SHIFTING

Final Rejection §112
Filed
Sep 22, 2022
Priority
Sep 24, 2021 — provisional 63/248,423
Examiner
AFSHAR, KAMRAN
Art Unit
2100
Tech Center
2100 — Computer Architecture & Software
Assignee
Trueblue Inc.
OA Round
2 (Final)
67%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
80%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allowance Rate
191 granted / 284 resolved
+12.3% vs TC avg
Moderate +13% lift
Without
With
+13.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
10 currently pending
Career history
298
Total Applications
across all art units

Statute-Specific Performance

§101
8.7%
-31.3% vs TC avg
§103
60.7%
+20.7% vs TC avg
§102
20.2%
-19.8% vs TC avg
§112
3.9%
-36.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 284 resolved cases

Office Action

§112
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 Applicant amendment filed on 12/04/2025. Claims 1-21 are pending. Claims 1, 10 and 17 were amended. Response to Arguments Applicant’s arguments, see pages 10-15, filed on 12/04/2025, with respect to amended claims 1-121 have been fully considered and are persuasive. The rejection under 35 U.S.C. 103 and 35 U.S.C. 101 of 1-21 has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made as discussed below in items 3-7. 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. Claims 1-21 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. With respect to amended claims 1, 10 and 17, now recite "reducing computational complexity" which was not described in the originally filed specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor (s) had possession of the claimed invention. Claims 2-9, 11-16 and 18-21 are for being directly or indirectly dependent on the rejected claims 1, 10 and 17 respectively. 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 1-21 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The term "reducing computational complexity" in claims 1, 10 and 17 is a relative term which renders the claim indefinite. The term "reducing computational complexity" is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Claims 2-9, 11-16 and 18-21 are for being directly or indirectly dependent on the rejected claims 1, 10 and 17 respectively. Allowable Subject Matter Upon proper overcome of the rejections as discussed above in items 3-7, Claims 1-21 would be allowed. The following is an examiner’s statement of reasons for allowance: In view of amended claims, further search and Applicant’s remark ( See e.g. Pages 10 – 15) filed on 9/30/2025. 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 KAMRAN AFSHAR whose telephone number is 571-272-7796. The examiner can normally be reached Monday-Thursday: 9:00AM-4:00PM ET. 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. 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. /KAMRAN AFSHAR/ Supervisory Patent Examiner, Art Unit 2125
Read full office action

Prosecution Timeline

Sep 22, 2022
Application Filed
Sep 04, 2025
Non-Final Rejection mailed — §112
Nov 17, 2025
Applicant Interview (Telephonic)
Nov 17, 2025
Examiner Interview Summary
Dec 04, 2025
Response Filed
May 07, 2026
Final Rejection mailed — §112 (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
67%
Grant Probability
80%
With Interview (+13.1%)
3y 1m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 284 resolved cases by this examiner. Grant probability derived from career allowance rate.

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