DETAILED ACTION
This action is in response to the Applicant Response filed 19 November 2025 for application 17/966,568 filed 14 October 2022.
Claim(s) 1-3, 5, 7, 10-12, 14-19, 21-23 is/are currently amended.
Claim(s) 4, 13, 20 is/are cancelled.
Claim(s) 1-3, 5-12, 14-19, 21-23 is/are pending.
Claim(s) 1-3, 5-12, 14-19, 21-23 is/are rejected.
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 Arguments
Applicant's arguments regarding the objections to the claims have been fully considered and, in light of the amendments to the claims, are persuasive.
Applicant's arguments regarding the 35 U.S.C. 112(b) rejection(s) of claim(s) 1-3, 5-12, 14-19, 21-23 have been fully considered and, in light of the amendments to the claims, are persuasive. The 35 U.S.C. 112(b) rejection(s) of claim(s) 1-3, 5-12, 14-19, 21-23 has/have been withdrawn.
Applicant, arguments regarding the 35 U.S.C. 101 rejection of claims 1-3, 5-12, 14-19, 21-23 have been fully considered but are not persuasive. Applicant first argues that the claims are similar to Ex parte YANIV GUR and TANVEER F. SYEDA-MAHMOOD. However, the facts of the instant application are different than those in identified decision. Moreover, the decision is neither precedential nor informative, and the Examiner is not bound by the decision. Examiner further notes that while the claim may use the term “training samples,” there is no evidence of training in the claim language. Applicant next asserts that the claim language recites an improvement. Examiner respectfully disagrees. As noted below, outside of imputing the data into a model, the limitations recite an abstract idea. As noted in the MPEP, it is important to note, the judicial exception alone cannot provide the improvement. MPEP 2106.05(a). It is important to keep in mind that an improvement in the abstract idea itself is not an improvement in technology. MPEP 2106.05(a)(II). Here, any improvement is, at best, an improvement in an abstract idea. Applicant next asserts that the claim language provides significantly more, but fails to provide any evidence to support such an assertion. For reasons stated above, the claims do not provide significantly more. Therefore, the 35 U.S.C. 101 rejection of claims 1-3, 5-12, 14-19, 21-23 is maintained.
Applicant arguments regarding the 35 U.S.C 102 and/or 35 U.S.C. 103 rejections of claims 1-3, 5-12, 14-19, 21-23 have been fully considered but are not persuasive. Applicant first argues that selecting the top-k outputs is not weighting. Examiner respectfully disagrees. As noted by applicant, Mghabbar teaches selecting the top-k outputs (Mghabbar, section 4.4). Selecting the top-k provides a weight of 1 to the top outputs and a weight of zero to the bottom outputs. Further this shows the transferability of the top results and the lack of transferability of the bottom results. Applicant next argues that the cited reference does not teach a pseudo label but instead teaches a correct label. Examiner respectfully disagrees. As noted by applicant, pseudo-labels are based on probabilities. As noted in Mghabbar, optimization is based on class probabilities of soft targets instead of ground truths [hard labels] for the knowledge distillation (Mghabbar, section 2.5). Applicant next argues that the reference does not teach updating the student model using pseudo labels. Examiner respectfully disagrees. First the reference recites knowledge distillation in the title, which means updating a student model. Moreover, the reference teaches knowledge distillation (Mghabbar, section 2.5) and describes their knowledge distillation process (Mghabbar, section 4). Additionally, as noted above, the references teaches knowledge distillation with pseudo labels. Therefore, claims 1-3, 5-12, 14-19, 21-23 stand rejected under 35 U.S.C. 102 and/or 35 U.S.C. 103.
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.
Claim(s) 1-3, 5-12, 14-19, 21-23 is/are rejected under 35 U.S.C. 101, because the claim(s) is/are directed to an abstract idea, and because the claim elements, whether considered individually or in combination, do not amount to significantly more than the abstract idea, see Alice Corporation Pty. Ltd. V. CLS Bank International et al., 573 US 208 (2014).
Regarding claim 1, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 1 is directed to a method, which is directed to a process, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) method.
The limitation of obtaining a set of training samples from one or more domains, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of weighting the output of each queried AI model using a respective weight representing knowledge transferability for the corresponding queried AI model, thereby obtaining a plurality of weighted outputs, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of combining the weighted outputs to obtain a soft pseudo-label, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of adapting a target Al model via knowledge distillation using the soft pseudo-label, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the "Mental Processes" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites additional element(s) – plurality of artificial-intelligence (Al) models, target Al model, knowledge distillation. The additional element(s) is/are recited at a high-level of generality such that it amounts to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h)).
The claim recites using the set of training samples to query a plurality of artificial-intelligence (Al) models which is simply applying the models recited at a high level of generality and amounts to the recitation of the words “apply it” (or an equivalent) or amounts to no more than mere instructions to implement an abstract idea or other exception on a computer (MPEP 2106.05(f)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
applying the models amount(s) to no more than mere instructions to apply the exception (MPEP 2106.05(f))
plurality of artificial-intelligence (Al) models, target Al model, knowledge distillation amount(s) to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 2, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 2 is directed to a method, which is directed to a process, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) method. The Step 2A Prong One Analysis for claim 1 is applicable here since claim 2 carries out the method of claim 1 but for the recitation of additional element(s) of using a transformer encoder for combining the weighted outputs.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites additional element(s) – transformer encoder. The additional element(s) is/are recited at a high-level of generality such that it amounts to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h)).
The claim recites using a transformer encoder for combining the weighted outputs which is simply applying the models recited at a high level of generality and amounts to the recitation of the words “apply it” (or an equivalent) or amounts to no more than mere instructions to implement an abstract idea or other exception on a computer (MPEP 2106.05(f)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
applying the models amount(s) to no more than mere instructions to apply the exception (MPEP 2106.05(f))
transformer encoder amount(s) to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 3, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 3 is directed to a method, which is directed to a process, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) method.
The limitation of obtaining the set of training samples from a plurality of domains, the set of training samples comprises a plurality of subsets of training samples obtained from the plurality of domains, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the "Mental Processes" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites using each subset of training samples to query the plurality of Al models except an excluded Al model of the plurality of Al models which is simply applying the models recited at a high level of generality and amounts to the recitation of the words “apply it” (or an equivalent) or amounts to no more than mere instructions to implement an abstract idea or other exception on a computer (MPEP 2106.05(f)).
The claim recites wherein the excluded Al models excluded from said using each subset of training samples to query the plurality of AI models are different Al models which is simply additional information regarding the models, and the element(s) do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
applying the models amount(s) to no more than mere instructions to apply the exception (MPEP 2106.05(f))
additional information regarding the models do(es) not apply the exception in a meaningful way (MPEP 2106.05(e))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 5, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 5 is directed to a method, which is directed to a process, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) method.
The limitation of adapting the target Al model via the knowledge distillation based on Kullback-Leibler (KL) divergence of the output of the queried target Al model and the soft pseudo-label, as drafted, is a process that, under its broadest reasonable interpretation, covers a mathematical concept. The limitation encompasses performing KL divergence.
If a claim limitation, under its broadest reasonable interpretation, covers performance of mathematical concepts, then it falls within the "Mathematical Concepts" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites additional element(s) – Kullback-Leibler (KL) divergence. The additional element(s) is/are recited at a high-level of generality such that it amounts to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h)).
The claim recites querying the target Al model using the set of training samples which is simply applying the models recited at a high level of generality and amounts to the recitation of the words “apply it” (or an equivalent) or amounts to no more than mere instructions to implement an abstract idea or other exception on a computer (MPEP 2106.05(f)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
applying the models amount(s) to no more than mere instructions to apply the exception (MPEP 2106.05(f))
Kullback-Leibler (KL) divergence amount(s) to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 6, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 6 is directed to a method, which is directed to a process, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) method.
The limitation of minimizing the KL divergence using a gradient decent method, as drafted, is a process that, under its broadest reasonable interpretation, covers a mathematical concept. The limitation encompasses performing gradient descent.
If a claim limitation, under its broadest reasonable interpretation, covers performance of mathematical concepts, then it falls within the "Mathematical Concepts" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites additional element(s) – gradient decent method. The additional element(s) is/are recited at a high-level of generality such that it amounts to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
gradient decent method amount(s) to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 7, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 7 is directed to a method, which is directed to a process, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) method.
The limitation of evaluating a loss of the target Al model, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of updating a plurality of parameters based on the evaluated loss, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the "Mental Processes" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites wherein the plurality of parameters comprises one or more first parameters of the target Al model and a parameter used in said combining the weights outputs which is simply additional information regarding the parameters, and the element(s) do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
additional information regarding the parameters do(es) not apply the exception in a meaningful way (MPEP 2106.05(e))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 8, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 8 is directed to a method, which is directed to a process, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) method.
The limitation of evaluating a cross-entropy (CE) loss between the outputs of the queried target Al model and a set of labels corresponding to the set of query samples, as drafted, is a process that, under its broadest reasonable interpretation, covers a mathematical concept. The limitation encompasses calculating a loss.
The limitation of updating the plurality of parameters by minimizing the CE loss, as drafted, is a process that, under its broadest reasonable interpretation, covers a mathematical concept. The limitation encompasses minimizing a loss.
If a claim limitation, under its broadest reasonable interpretation, covers performance of mathematical concepts, then it falls within the "Mathematical Concepts" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites additional element(s) – cross-entropy (CE) loss. The additional element(s) is/are recited at a high-level of generality such that it amounts to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h)).
The claim recites querying the target Al model using a set of query samples which is simply applying the models recited at a high level of generality and amounts to the recitation of the words “apply it” (or an equivalent) or amounts to no more than mere instructions to implement an abstract idea or other exception on a computer (MPEP 2106.05(f)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
applying the models amount(s) to no more than mere instructions to apply the exception (MPEP 2106.05(f))
cross-entropy (CE) loss amount(s) to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 9, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 9 is directed to a method, which is directed to a process, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) method.
The limitation of updating the plurality of parameters by minimizing the CE loss using a gradient decent method, as drafted, is a process that, under its broadest reasonable interpretation, covers a mathematical concept. The limitation encompasses performing gradient descent.
If a claim limitation, under its broadest reasonable interpretation, covers performance of mathematical concepts, then it falls within the "Mathematical Concepts" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites additional element(s) – gradient decent method. The additional element(s) is/are recited at a high-level of generality such that it amounts to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
gradient decent method amount(s) to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 10, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 10 is directed to an apparatus, which is directed to a machine, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) apparatus.
The limitation of obtaining a set of training samples from one or more domains, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of weighting the output of each queried AI model using a respective weight representing knowledge transferability from the corresponding queried AI model, thereby obtaining a plurality of weighted outputs, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of combining the weighted outputs to obtain a soft pseudo-label, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of adapting a target Al model via knowledge distillation using the soft pseudo-label, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the "Mental Processes" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites additional element(s) – apparatus, at least one processor. The additional element(s) is/are recited at a high-level of generality (i.e., as generic computer components performing generic computer functions of executing instructions on the computers) such that it amounts to no more than mere instructions to apply the exception using generic computer components (MPEP 2106.05(b)).
The claim recites additional element(s) – plurality of Al models, target Al model, knowledge distillation. The additional element(s) is/are recited at a high-level of generality such that it amounts to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h)).
The claim recites using the set of training samples to query a plurality of artificial-intelligence (Al) models which is simply applying the models recited at a high level of generality and amounts to the recitation of the words “apply it” (or an equivalent) or amounts to no more than mere instructions to implement an abstract idea or other exception on a computer (MPEP 2106.05(f)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
apparatus, at least one processor amount(s) to no more than mere instructions to apply the exception using generic computer components (MPEP 2106.05(b))
applying the models amount(s) to no more than mere instructions to apply the exception (MPEP 2106.05(f))
plurality of Al models, target Al model, knowledge distillation amount(s) to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 11, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 11 is directed to an apparatus, which is directed to a machine, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) apparatus. The Step 2A Prong One Analysis for claim 10 is applicable here since claim 11 carries out the apparatus of claim 10 but for the recitation of additional element(s) of using a transformer encoder for combining the weighted outputs.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites additional element(s) – transformer encoder. The additional element(s) is/are recited at a high-level of generality such that it amounts to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h)).
The claim recites using a transformer encoder for combining the outputs of the queried Al models which is simply applying the models recited at a high level of generality and amounts to the recitation of the words “apply it” (or an equivalent) or amounts to no more than mere instructions to implement an abstract idea or other exception on a computer (MPEP 2106.05(f)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
applying the models amount(s) to no more than mere instructions to apply the exception (MPEP 2106.05(f))
transformer encoder amount(s) to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 12, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 12 is directed to an apparatus, which is directed to a machine, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) apparatus.
The limitation of obtaining the set of training samples from a plurality of domains, the set of training samples comprises a plurality of subsets of training samples obtained from the plurality of domains, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the "Mental Processes" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites using each subset of training samples to query the plurality of Al models except an excluded Al model of the plurality of Al models which is simply applying the models recited at a high level of generality and amounts to the recitation of the words “apply it” (or an equivalent) or amounts to no more than mere instructions to implement an abstract idea or other exception on a computer (MPEP 2106.05(f)).
The claim recites wherein the excluded Al models excluded from said using each subset of training samples to query the plurality of AI models are different Al models which is simply additional information regarding the models, and the element(s) do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
applying the models amount(s) to no more than mere instructions to apply the exception (MPEP 2106.05(f))
additional information regarding the models do(es) not apply the exception in a meaningful way (MPEP 2106.05(e))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 14, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 14 is directed to an apparatus, which is directed to a machine, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) apparatus.
The limitation of adapting the target Al model via the knowledge distillation based on Kullback-Leibler (KL) divergence of the output of the queried target Al model and the soft pseudo-label, as drafted, is a process that, under its broadest reasonable interpretation, covers a mathematical concept. The limitation encompasses performing KL divergence.
If a claim limitation, under its broadest reasonable interpretation, covers performance of mathematical concepts, then it falls within the "Mathematical Concepts" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites additional element(s) –KL divergence. The additional element(s) is/are recited at a high-level of generality such that it amounts to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h)).
The claim recites querying the target Al model using the set of training samples which is simply applying the models recited at a high level of generality and amounts to the recitation of the words “apply it” (or an equivalent) or amounts to no more than mere instructions to implement an abstract idea or other exception on a computer (MPEP 2106.05(f)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
applying the models amount(s) to no more than mere instructions to apply the exception (MPEP 2106.05(f))
KL divergence amount(s) to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 15, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 15 is directed to an apparatus, which is directed to a machine, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) apparatus.
The limitation of evaluating a loss of the target Al model, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of updating a plurality of parameters based on the evaluated loss, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the "Mental Processes" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites wherein the plurality of parameters comprises one or more first parameters of the target Al model and a parameter used in said combining the weighted outputs which is simply additional information regarding the parameters, and the element(s) do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
additional information regarding the parameters do(es) not apply the exception in a meaningful way (MPEP 2106.05(e))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 16, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 16 is directed to an apparatus, which is directed to a machine, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) apparatus.
The limitation of evaluating a cross-entropy (CE) loss between the outputs of the queried target Al model and a set of labels corresponding to the set of query samples, as drafted, is a process that, under its broadest reasonable interpretation, covers a mathematical concept. The limitation encompasses calculating a loss.
The limitation of updating the plurality of parameters by minimizing the CE loss, as drafted, is a process that, under its broadest reasonable interpretation, covers a mathematical concept. The limitation encompasses minimizing a loss.
If a claim limitation, under its broadest reasonable interpretation, covers performance of mathematical concepts, then it falls within the "Mathematical Concepts" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites additional element(s) – CE loss. The additional element(s) is/are recited at a high-level of generality such that it amounts to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h)).
The claim recites querying the target Al model using a set of query samples which is simply applying the models recited at a high level of generality and amounts to the recitation of the words “apply it” (or an equivalent) or amounts to no more than mere instructions to implement an abstract idea or other exception on a computer (MPEP 2106.05(f)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
applying the models amount(s) to no more than mere instructions to apply the exception (MPEP 2106.05(f))
cross-entropy (CE) loss amount(s) to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 17, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 17 is directed to one or more computer-readable storage devices, which is directed to an article of manufacture, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites one or more computer-readable storage devices.
The limitation of obtaining a set of training samples from one or more domains, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of weighting the output of each queried AI model using a respective weight representing knowledge transferability from the corresponding queried AI model, thereby obtaining a plurality of weighted outputs, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of combining the weighted outputs to obtain a soft pseudo-label, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of adapting a target Al model via knowledge distillation using the soft pseudo-label, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the "Mental Processes" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites additional element(s) – one or more computer-readable storage devices, computer-executable instructions, processing structure. The additional element(s) is/are recited at a high-level of generality (i.e., as generic computer components performing generic computer functions of executing instructions on the computers) such that it amounts to no more than mere instructions to apply the exception using generic computer components (MPEP 2106.05(b)).
The claim recites additional element(s) – plurality of Al models, target Al model, knowledge distillation. The additional element(s) is/are recited at a high-level of generality such that it amounts to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h)).
The claim recites using the set of training samples to query a plurality of artificial-intelligence (Al) models which is simply applying the models recited at a high level of generality and amounts to the recitation of the words “apply it” (or an equivalent) or amounts to no more than mere instructions to implement an abstract idea or other exception on a computer (MPEP 2106.05(f)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
one or more computer-readable storage devices, computer-executable instructions, processing structure amount(s) to no more than mere instructions to apply the exception using generic computer components (MPEP 2106.05(b))
applying the models amount(s) to no more than mere instructions to apply the exception (MPEP 2106.05(f))
plurality of Al models, target Al model, knowledge distillation amount(s) to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 18, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 18 is directed to one or more computer-readable storage devices, which is directed to an article of manufacture, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites one or more computer-readable storage devices. The Step 2A Prong One Analysis for claim 17 is applicable here since claim 18 carries out the computer-readable storage device of claim 17 but for the recitation of additional element(s) of using a transformer encoder for combining the weighted outputs.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites additional element(s) – transformer encoder. The additional element(s) is/are recited at a high-level of generality such that it amounts to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h)).
The claim recites using a transformer encoder for combining the weighted outputs which is simply applying the models recited at a high level of generality and amounts to the recitation of the words “apply it” (or an equivalent) or amounts to no more than mere instructions to implement an abstract idea or other exception on a computer (MPEP 2106.05(f)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
applying the models amount(s) to no more than mere instructions to apply the exception (MPEP 2106.05(f))
transformer encoder amount(s) to no more than in