Prosecution Insights
Last updated: July 17, 2026
Application No. 18/008,838

TRAINING AN ACTION SELECTION SYSTEM USING RELATIVE ENTROPY Q-LEARNING

Final Rejection §101§103
Filed
Dec 07, 2022
Priority
Jul 28, 2020 — provisional 63/057,826 +1 more
Examiner
YI, HYUNGJUN B
Art Unit
2146
Tech Center
2100 — Computer Architecture & Software
Assignee
GDM Holding LLC
OA Round
2 (Final)
32%
Grant Probability
At Risk
3-4
OA Rounds
8m
Est. Remaining
77%
With Interview

Examiner Intelligence

Grants only 32% of cases
32%
Career Allowance Rate
7 granted / 22 resolved
-23.2% vs TC avg
Strong +45% interview lift
Without
With
+45.1%
Interview Lift
resolved cases with interview
Typical timeline
4y 3m
Avg Prosecution
20 currently pending
Career history
61
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
94.7%
+54.7% vs TC avg
§102
3.8%
-36.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 22 resolved cases

Office Action

§101 §103
DETAILED ACTION This action is responsive to the claims filed on 04/10/2026. Claims 23-41 and 43 are pending for examination. This action is Final. 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 . Information Disclosure Statement The information disclosure statements (IDS) submitted on 02/09/2026 and 04/14/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Response to Arguments 1. In response to Applicant’s arguments regarding the rejection under 35 U.S.C. § 101, the Examiner has reconsidered the rejection in view of the claim amendments and Applicant’s remarks, but does not find the arguments persuasive. Applicant argues that the amended claims are integrated into a practical application because the claims now recite training the action selection system using mixed training data including experience tuples generated when the agent was controlled by the action selection system and experience tuples generated when the agent was controlled by an expert action selection policy. However, the added limitation merely further specifies the source or type of data included in the batch of experience tuples. The amendment does not change the character of the claim as a whole, which remains directed to collecting/obtaining data, performing mathematical analysis on that data, and updating neural network parameters using the results of the mathematical analysis. Merely reciting that the obtained training data includes data from two sources does not integrate the abstract idea into a practical application, because the limitation amounts to data gathering or selection of input data for use in the recited mathematical processing. Nor does the claim recite a specific technological improvement to computer functionality or to the operation of the neural network itself beyond the abstract training calculations. Although Applicant asserts that using mixed training data can reduce the number of training iterations and computational resources, the claims do not recite a particular technical mechanism that achieves such improvement, but instead broadly recite obtaining mixed experience tuples and using them in the claimed mathematical training process. Accordingly, the additional limitation is not sufficient to transform the abstract idea into patent-eligible subject matter under Step 2A, Prong Two, and does not amount to significantly more than the abstract idea under Step 2B. Therefore, the rejection of claims under 35 U.S.C. § 101 is maintained. 2. Applicant’s arguments with respect to claims 23-41 and 43 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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 23-42 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Statutory Categories Claims 23-35 are directed to an method. Claim 36 is directed to an system. Claims 37-41 and 43 are directed to an computer-readable medium. Independent Claim 23, 36, and 37 Step 2A Prong 1: Does the claim recite an abstract idea, law of nature, or natural phenomenon? Yes. Independent claim 23, 36, and 38 recites limitations that are abstract ideas in the form of mental processes: Claim 23 recites: for each experience tuple, determining a state value for the second observation in the experience tuple by importance sampling; (this limitation merely comprises a mathematical analysis of data and is being considered as directed to a mathematical concept, see MPEP 2106.04(a), paragraph 9 of this application’s specification outlines the mathematical procedure for this step) and determining an update to current values of a set of Q neural network parameters of the Q neural network using the state values for the second observations in the experience tuples; (this limitation merely comprises a mathematical analysis of data and is being considered as directed to a mathematical concept, see MPEP 2106.04(a), paragraph 9-24 of this application’s specification outlines the mathematical procedure for this step) the method further comprising: determining the state value for the second observation as a linear combination of the Q values for importance sampled actions by: (this limitation merely comprises a mathematical analysis of data and is being considered as directed to a mathematical concept, see MPEP 2106.04(a), paragraph 9-11 of this application’s specification outlines the mathematical procedure for this step) determining a temperature factor based on the Q values for the sampled actions; (this limitation recites determining a value based on predetermined values, stated at a high level with no further indication as to how the determination should be performed, which can reasonably be performed as a mental process or with aid of pen and paper) determining a respective modified Q value for each sampled action as a ratio of: (i) the Q value for the sampled action, and (ii) the temperature factor; (this limitation merely comprises a mathematical analysis of data and is being considered as directed to a mathematical concept, see MPEP 2106.04(a), paragraph 24 of this application’s specification outlines the mathematical procedure for this step) applying a softmax function to the modified Q values to determine a weight factor for each sampled action; (this limitation merely comprises a mathematical analysis of data and is being considered as directed to a mathematical concept, see MPEP 2106.04(a), paragraph 8 of this application’s specification outlines the mathematical procedure for this step) and determining the state value for the second observation as a linear combination of the Q values for the sampled action, wherein the Q value for each sampled action is scaled by the weight factor for the sampled action. ((this limitation merely comprises a mathematical analysis of data and is being considered as directed to a mathematical concept, see MPEP 2106.04(a), paragraph 9 of this application’s specification outlines the mathematical procedure for this step)) This claim further recites the following additional elements for the purposes of Step 2A Prong Two analysis: A method performed by one or more data processing apparatus for training an action selection system that is used to select actions to be performed by an agent interacting with an environment to perform a task, wherein the action selection system comprises a Q neural network and a policy neural network, (this limitation invokes Q neural networks and policy neural networks merely as a tool to perform an existing process and is considered as mere instructions to apply an exception, see MPEP 2106.05(f)) the method comprising, at each of a plurality of iterations: obtaining a batch of experience tuples characterizing previous interactions of a simulated or real-world version of the agent with the environment from a replay buffer, wherein each experience tuple comprises: (i) a first observation characterizing a state of the environment, (ii) an action performed by the agent in response to the first observation, (iii) a second observation characterizing a state of the environment after the agent performs the action in response to the first observation, and (iv) a reward received as a result of the agent performing the action in response to the first observation, wherein the batch of experience tuples includes at least one experience tuple characterizing a previous interaction of the agent when the agent was controlled by the action selection system and at least one experience tuple characterizing a previous interaction of the agent when the agent was controlled by an expert action selection policy; (this limitation merely comprises data gathering and is considered insignificant extra-solution activity under MPEP 2106.05(g)) The additional limitations fail step 2A Prong 2 of the 101 analysis because they do not transform the claim into a practical application. These limitations are too abstract or lack technical improvement that would make the concept practically useful. Without clear utility or integration into a specific field, the claim does not relate to any particular application. It does not meet the requirements of Step 2A Prong 2, as it fails to make the concept meaningfully applicable in practice. Since the claim as a whole, looking at the additional elements individually and in combination, does not contain any other additional elements that are indicative of integration into a practical application, the claim is directed to an abstract idea. This claim recites the following additional elements for the purposes of Step 2B analysis: A method performed by one or more data processing apparatus for training an action selection system that is used to select actions to be performed by an agent interacting with an environment to perform a task, wherein the action selection system comprises a Q neural network and a policy neural network, (this limitation invokes Q neural networks and policy neural networks merely as a tool to perform an existing process and is considered as mere instructions to apply an exception, see MPEP 2106.05(f)) the method comprising, at each of a plurality of iterations: obtaining a batch of experience tuples characterizing previous interactions of a simulated or real-world version of the agent with the environment from a replay buffer, wherein each experience tuple comprises: (i) a first observation characterizing a state of the environment, (ii) an action performed by the agent in response to the first observation, (iii) a second observation characterizing a state of the environment after the agent performs the action in response to the first observation, and (iv) a reward received as a result of the agent performing the action in response to the first observation, wherein the batch of experience tuples includes at least one experience tuple characterizing a previous interaction of the agent when the agent was controlled by the action selection system and at least one experience tuple characterizing a previous interaction of the agent when the agent was controlled by an expert action selection policy; (this limitation merely comprises data gathering and is considered insignificant extra-solution activity under MPEP 2106.05(g), for the purposes of step 2B, the insignificant extra-solution activity is receiving or transmitting data and is considered well-understood, routine, and conventional activity under MPEP 2106.05(d)(II) with buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network)) The claim also fails Step 2B of the analysis because the additional limitations do not amount to significantly more than the abstract idea itself. The additional limitations do not enhance the claim in a way that would move it beyond its abstract ideas as they minimally elaborate on the core concept without adding any inventive or technical substance. Considering the additional elements individually and in combination, and the claim as a whole, the additional elements do not provide significantly more than the abstract idea. Therefore, the claim is not patent eligible. Claim 36 and 37 recite additional limitations for consideration: A system comprising: one or more computers; and one or more storage devices communicatively coupled to the one or more computers, wherein the one or more storage devices store instructions that, when executed by the one or more computers, cause the one or more computers to perform (Under step 2A prong II and step 2B, this limitation invokes computers and machinery merely as a tool to perform an existing process and is considered as mere instructions to apply an exception using generic computer, see MPEP 2106.05(f)) One or more non-transitory computer storage media storing instructions that when executed by one or more computers cause the one or more computers to perform (Under step 2A prong II and step 2B, this limitation invokes computers and machinery merely as a tool to perform an existing process and is considered as mere instructions to apply an exception using generic computer, see MPEP 2106.05(f)) Dependents of Claims 23, 36, and 37 The remaining dependent claims corresponding to independent claims 23, 36, and 37 do not recite additional elements, whether considered individually or in combination, that are sufficient to integrate the judicial exception into a practical application or amount to significantly more than the judicial exception. The analysis of which is shown below: The claims below recite additional limitations which fail step 2A Prong 2 of the 101 analysis because they do not transform the claim into a practical application. These limitations are too abstract or lack technical improvement that would make the concept practically useful. Without clear utility or integration into a specific field, the claim does not relate to any particular application. It does not meet the requirements of Step 2A Prong 2, as it fails to make the concept meaningfully applicable in practice. The claims also fails Step 2B of the analysis because the additional limitations do not amount to significantly more than the abstract idea itself. The additional limitations do not enhance the claim in a way that would move it beyond its abstract ideas as they minimally elaborate on the core concept without adding any inventive or technical substance. The claims are unpatentable. Claim 24 recites the further limitation of: The method of claim 23, wherein the state value for the second observation is computed as: PNG media_image1.png 44 141 media_image1.png Greyscale wherein V π ( g ) is the state value for the second observation, j indexes the sampled actions, M is a number of sampled actions, w j is the weight factor for sampled action PNG media_image2.png 27 67 media_image2.png Greyscale is the Q value for sampled action a 1 (this limitation merely comprises a mathematical analysis of data and is being considered as directed to a mathematical concept, see MPEP 2106.04(a)) and each weight factor Ai is computed as: PNG media_image3.png 74 162 media_image3.png Greyscale wherein k indexes the sampled actions and V. is the temperature factor. (this limitation merely comprises a mathematical analysis of data and is being considered as directed to a mathematical concept, see MPEP 2106.04(a)) Since the claim does not recite additional elements that either integrate the judicial exception into a practical application, nor provide significantly more than the judicial exception, the claim is not patent eligible. Claim 25 recites the further limitation of: The method of claim 23, wherein determining the temperature factor based on the Q values for the sampled actions comprises, at each of one or more optimization iterations: determining a gradient of a dual function with respect to the temperature factor, wherein the dual function depends on: (i) the temperature factor, and (ii) the Q values for the sampled actions; (this limitation merely comprises a mathematical analysis of data and is being considered as directed to a mathematical concept, see MPEP 2106.04(a), paragraph 11 of this application’s specification outlines the mathematical procedure for this step) adjusting a current value of the temperature factor using the gradient of the dual function with respect to the temperature factor. (this limitation merely comprises a mathematical analysis of data and is being considered as directed to a mathematical concept, see MPEP 2106.04(a), paragraph 11 of this application’s specification outlines the mathematical procedure for this step) Since the claim does not recite additional elements that either integrate the judicial exception into a practical application, nor provide significantly more than the judicial exception, the claim is not patent eligible Claim 26 recites the further limitation of: The method of claim 25, wherein the dual function is computed as: PNG media_image4.png 49 251 media_image4.png Greyscale wherein g(ns) is the dual function evaluated for temperature factor ns, | B | denotes a number of experience tuples in the batch of experience tuples, ϵ is a regularization parameter, j indexes the sampled actions, M is a number of sampled actions, and PNG media_image5.png 71 134 media_image5.png Greyscale is the Q value for sampled action aj. (this limitation merely comprises a mathematical analysis of data and is being considered as directed to a mathematical concept) Since the claim does not recite additional elements that either integrate the judicial exception into a practical application, nor provide significantly more than the judicial exception, the claim is not patent eligible. Claim 27 recites the further limitation of: The method of claim 23, wherein determining an update to current values of a set of Q neural network parameters of the Q neural network using the state values for the second observations in the experience tuples comprises: for each experience tuple: processing a first observation in the experience tuple using the Q neural network to generate a Q value for the action in the experience tuple; (this limitation merely comprises a mathematical analysis of data and is being considered as directed to a mathematical concept, see MPEP 2106.04(a), paragraph 16-19 of this application’s specification outlines the mathematical procedure for this step) and determining a target Q value for the action in the experience tuple using the state value for the second observation in the experience tuple; (this limitation merely comprises a mathematical analysis of data and is being considered as directed to a mathematical concept, see MPEP 2106.04(a), paragraph 16-19 of this application’s specification outlines the mathematical procedure for this step) determining a gradient of a Q objective function that, for each experience tuple, measures an error between: (i) the Q value for the action in the experience tuple, and (ii) the target Q value for the action in the experience tuple; (this limitation merely comprises a mathematical analysis of data and is being considered as directed to a mathematical concept, see MPEP 2106.04(a), paragraph 16-19 of this application’s specification outlines the mathematical procedure for this step)and determining the update to the current values of the set of Q neural network parameters using the gradient. (this limitation merely comprises a mathematical analysis of data and is being considered as directed to a mathematical concept, see MPEP 2106.04(a), paragraph 16-19 of this application’s specification outlines the mathematical procedure for this step) Since the claim does not recite additional elements that either integrate the judicial exception into a practical application, nor provide significantly more than the judicial exception, the claim is not patent eligible Claim 28 recites the further limitation of: The method of claim 27, wherein determining the target Q value for the action in the experience tuple using the state value for the second observation in the experience tuple comprises: determining the target Q value as a sum of: (i) the reward in the experience tuple, and (ii) a product of a discount factor and the state value for the second observation in the experience tuple; and/or wherein the error between: (i) the Q value for the action in the experience tuple, and (ii) the target Q value for the action in the experience tuple, comprises a squared error between: (i) the Q value for the action in the experience tuple, and (ii) the target Q value for the action in the experience tuple. (this limitation merely comprises a mathematical analysis of data and is being considered as directed to a mathematical concept, see MPEP 2106.04(a), paragraph 15 of this application’s specification outlines the mathematical procedure for this step) Since the claim does not recite additional elements that either integrate the judicial exception into a practical application, nor provide significantly more than the judicial exception, the claim is not patent eligible Claim 29 recites the further limitation of: The method of claim 28, wherein the Q objective function is computed as: PNG media_image6.png 45 211 media_image6.png Greyscale wherein |B| is a number of experience tuples in the batch of experience tuples, each (s, a, r, s’) is an experience tuple in the batch of experience tuples B, wherein s is the first observation, a is the action, r is the reward, and s' is the second observation, γ is a discount factor, V π s '   is the state value for the second observation in the experience tuple, and Qϕ(a,s) is the Q value for the action in the experience tuple. (this limitation merely comprises a mathematical analysis of data and is being considered as directed to a mathematical concept, see MPEP 2106.04(a), paragraph 19 of this application’s specification outlines the mathematical procedure for this step) Since the claim does not recite additional elements that either integrate the judicial exception into a practical application, nor provide significantly more than the judicial exception, the claim is not patent eligible Claim 30 recites the further limitation of: The method of claim 23, further comprising, at each of the plurality of iterations, determining an update to current values of a set of policy neural network parameters of the policy neural network, comprising: for each experience tuple: processing the first observation in the experience tuple using the Q neural network to generate a Q value for the action in the experience tuple; determining a state value for the first observation in the experience tuple; (this limitation merely comprises a mathematical analysis of data and is being considered as directed to a mathematical concept, see MPEP 2106.04(a), paragraph 16-19 of this application’s specification outlines the mathematical procedure for this step) and determining an advantage value for the experience tuple as a difference between: (i) the Q value for the action in the experience tuple, and (ii) the state value for the first observation in the experience tuple; (this limitation merely comprises a mathematical analysis of data and is being considered as directed to a mathematical concept, see MPEP 2106.04(a), paragraph 16-19 of this application’s specification outlines the mathematical procedure for this step) and determining the update to the current values of the set of policy neural network parameters of the policy neural network based on only the experience tuples having a non-negative advantage value. (this limitation merely comprises a mathematical analysis of data and is being considered as directed to a mathematical concept, see MPEP 2106.04(a), paragraph 16-19 of this application’s specification outlines the mathematical procedure for this step) Since the claim does not recite additional elements that either integrate the judicial exception into a practical application, nor provide significantly more than the judicial exception, the claim is not patent eligible Claim 31 recites the further limitation of: The method of claim 30, wherein determining the update to the current values of the set of policy neural network parameters of the policy neural network based on only the experience tuples having a non-negative advantage value comprises: determining a gradient of a policy objective function that depends on only the experience tuples having a non-negative advantage value; and determining the update to the current values of the set of policy neural network parameters using the gradient. (this limitation merely comprises a mathematical analysis of data and is being considered as directed to a mathematical concept, see MPEP 2106.04(a), paragraph 16-19 of this application’s specification outlines the mathematical procedure for this step) Since the claim does not recite additional elements that either integrate the judicial exception into a practical application, nor provide significantly more than the judicial exception, the claim is not patent eligible. Claim 32 recites the further limitation of: The method of claim 31, wherein for each experience tuple having a non-negative advantage value, the policy objective function depends on an action score for the action in the experience tuple that is generated by processing a first observation in the experience tuple using the policy neural network; in particular wherein the policy objective function is computed as: PNG media_image7.png 43 210 media_image7.png Greyscale wherein |B| is a number of experience tuples in the batch of experience tuples, each (s, a, r) is an experience tuple in the batch of experience tuples B, wherein s is the first observation, a is the action, and r is the reward, I[-] is an indicator function, A π ( a , s ) is an advantage value for the experience tuple , and π θ ( a | s ) is the action score for the action in the experience tuple that is generated by processing the first observation in the experience tuple using the policy network. (this limitation merely comprises a mathematical analysis of data and is being considered as directed to a mathematical concept, see MPEP 2106.04(a),) Since the claim does not recite additional elements that either integrate the judicial exception into a practical application, nor provide significantly more than the judicial exception, the claim is not patent eligible. Claim 33 recites the further limitation of: The method of claim 23, further comprising, at each of one or more of the plurality of iterations: generating a plurality of new experience tuples using the action selection system, an expert action selection policy, or both; and adding the new experience tuples to the replay buffer; (generating experience tuples by merely using an action selection system is being considered a mental proves of evaluation which can reasonably be performed in human mind) wherein generating a plurality of new experience tuples comprises, at each of one or more time steps: receiving a current observation for the time step; (For the purposes of Step 2A Prong II and Step 2B: this limitation merely recites data gathering steps which is considered insignificant extra-solution activity under MPEP 2106.05(g), for the purposes of step 2B, the insignificant extra-solution activity is receiving or transmitting data and is considered well-understood, routine, and conventional activity under MPEP 2106.05(d)(II) with buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network)) selecting an action to be performed by the agent at the time step using the action selection system or the expert action selection policy; (selecting an action by merely using an action selection system is being considered a mental proves of evaluation which can reasonably be performed in human mind) receiving a next observation and a reward resulting from the agent performing the selected action; (For the purposes of Step 2A Prong II and Step 2B: this limitation merely recites data gathering steps which is considered insignificant extra-solution activity under MPEP 2106.05(g), for the purposes of step 2B, the insignificant extra-solution activity is receiving or transmitting data and is considered well-understood, routine, and conventional activity under MPEP 2106.05(d)(II) with buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network)) and generating a new experience tuple comprising the current observation, the selected action, the next observation, and the reward; (generating experience tuples by merely using an action selection system is being considered a mental proves of evaluation which can reasonably be performed in human mind) in particular wherein selecting the action to be performed by the agent at the time step using the action selection system or the expert action selection policy comprises stochastically selecting between using the action selection system or the expert action selection policy to select the action to be performed by the agent at the time step. (a selection being further limited to a stochastic type is still being considered a mental proves of evaluation which can reasonably be performed in human mind) Since the claim does not recite additional elements that either integrate the judicial exception into a practical application, nor provide significantly more than the judicial exception, the claim is not patent eligible. Claim 34 recites the further limitation of: The method of claim 33, wherein selecting an action to be performed by the agent at a time step using the action selection system comprises: processing the current observation for the time step using the policy neural network to generate a respective action score for each action in the set of possible actions; (this limitation merely comprises a mathematical analysis of data and is being considered as directed to a mathematical concept, see MPEP 2106.04(a), paragraph 18-19 of this application’s specification outlines the mathematical procedure for this step) processing the current observation for the time step using the Q neural network to generate a respective Q value for each action in the set of possible actions; (this limitation merely comprises a mathematical analysis of data and is being considered as directed to a mathematical concept, see MPEP 2106.04(a), paragraph 21-24 of this application’s specification outlines the mathematical procedure for this step) determining a final action score for each action based on: (i) the action score for the action, and (ii) the Q value for the action; (this limitation merely comprises a mathematical analysis of data and is being considered as directed to a mathematical concept, see MPEP 2106.04(a), paragraph 24 of this application’s specification outlines the mathematical procedure for this step) and selecting the action to be performed by the agent in accordance with the final action scores. (a selection being further limited to be based on predetermined values is still being considered a mental proves of evaluation which can reasonably be performed in human mind) Since the claim does not recite additional elements that either integrate the judicial exception into a practical application, nor provide significantly more than the judicial exception, the claim is not patent eligible. Claim 35 recites the further limitation of: The method of claim 34, wherein the final action score for an action is computed as: PNG media_image8.png 40 126 media_image8.png Greyscale wherein π ( a | s ) is the action score for the action, Q(s,a) is the Q value for the action, and n s is a temperature parameter (this limitation merely comprises a mathematical analysis of data and is being considered as directed to a mathematical concept, see MPEP 2106.04(a)) Since the claim does not recite additional elements that either integrate the judicial exception into a practical application, nor provide significantly more than the judicial exception, the claim is not patent eligible. Claims 38-41 recite limitations substantially similar to claims 24-27, as such a similar analysis applies. Claim 43 recites the further limitation of: The method of claim 23, wherein the expert action selection policy is generated by composing one or more waypoint tracking controllers. (Under step 2A prong II and step 2B, this limitation invokes waypoint tracking controllers merely as a tool to perform an existing process and is considered as mere instructions to apply an exception, see MPEP 2106.05(f)) Since the claim does not recite additional elements that either integrate the judicial exception into a practical application, nor provide significantly more than the judicial exception, the claim is not patent eligible. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 23-24, 27-28, 30-38, 41 and 43, are rejected under 35 U.S.C. 103 as being unpatentable by Wang et al., (Wang, Z., Novikov, A., Zolna, K., Merel, J. S., Springenberg, J. T., Reed, S. E., ... & De Freitas, N. (2020). Critic regularized regression. Advances in Neural Information Processing Systems, 33, 7768-7778.), hereafter referred to as Wang, in view of Haarnoja et al, (Haarnoja, T., Tang, H., Abbeel, P., & Levine, S. (2017, July). Reinforcement learning with deep energy-based policies. In International conference on machine learning (pp. 1352-1361). PMLR.), hereafter referred to as Haarnoja, and in further view of Asadi et al, (Asadi, K., & Littman, M. L. (2017, July). An alternative softmax operator for reinforcement learning. In International Conference on Machine Learning (pp. 243-252). PMLR.), hereafter referred to as Asadi, and Vecerik et al., (Vecerik, M., Hester, T., Scholz, J., Wang, F., Pietquin, O., Piot, B., ... & Riedmiller, M. (2017). Leveraging demonstrations for deep reinforcement learning on robotics problems with sparse rewards. arXiv preprint arXiv:1707.08817.), hereafter referred to as Vecerik. Claim 23: Wang teaches the following limitations: A method performed by one or more data processing apparatus for training an action selection system that is used to select actions to be performed by an agent interacting with an environment to perform a task, wherein the action selection system comprises a Q neural network and a policy neural network, (Wang, page 2, figure 1, PNG media_image9.png 207 411 media_image9.png Greyscale Figure 1 of Wang, the main idea behind CRR (Critic Regularized Regression) “Figure 1: Illustration of the main idea behind CRR. The task is to reach the reward from the starting position as fast as possible. Consider learning a policy from the suboptimal (red/green) trajectory. For every state st, the action proposed by the current (suboptimal) policy π(st) is shown with black arrows. CRR compares the critic prediction of the value Q(st, at) of the action at from the trajectory against the value Q(st, π(st)) of the action from the policy π. If Q(st, at) ≥ Q(st, π(st)), the corresponding action is marked green and the pair (st, at) is used to train the policy” page 4, paragraph 1, “Algorithm 1: Critic Regularized Regression… Input: Dataset B, critic net Qθ, actor net πφ, target actor and critic nets: πφ0 , Qθ , function f”, Wang explicitly identifies an actor network (the policy network) and a critic network (the Q network).) the method further comprising: determining the state value for the second observation as a linear combination of the Q values for importance sampled actions by: determining a temperature factor based on the Q values for the sampled actions; (Wang, page 5, paragraph 3, “We first sample actions a1:n from πφ(·|s), weight the different actions by their importance weights exp(Qθ(s, ai)/β)”, Wang explicitly uses a parameter β inside an exponential weighting term exp(Q(s, ai)/β) while weighting sampled actions using their Q values. In the claim, the “temperature factor” is the factor used in combination with the Q values to control the weighting; Wang’s β is that temperature factor because it appears in the denominator with the Q values (i.e., Q/β) in the weighting expression.) determining a respective modified Q value for each sampled action as a ratio of: (i) the Q value for the sampled action, and (ii) the temperature factor; (Wang, page 5, paragraph 3, “We first sample actions a1:n from πφ(·|s), weight the different actions by their importance weights exp(Qθ(s, ai)/β)”, Wang’s importance-weight expression exp(Q(s, ai)/β) explicitly contains Q(s, ai)/β, which is the claimed “modified Q value” formed as a ratio of the Q value for a sampled action (Q(s, ai)) divided by a temperature factor (β).) applying a softmax function to the modified Q values to determine a weight factor for each sampled action; (Wang, page 5, paragraph 3, “…and finally choose an action by re-sampling with probabilities PNG media_image10.png 18 284 media_image10.png Greyscale ”, Wang explicitly normalizes exponentiated Q(s, ai)/β values into per-action probabilities P(ai) by dividing exp(Q(s, ai)/β) by the sum of exp(Q(s, aj)/β) over sampled actions. It is interpreted that this is the claimed “softmax function” output (a normalized exponential weight) and Wang’s P(ai) is the claimed “weight factor for each sampled action.”) Haarnoja in the same field of Q network implementation, teaches the following limitations which Wang fails to teach: the method comprising, at each of a plurality of iterations: obtaining a batch of experience tuples characterizing previous interactions of a simulated or real-world version of the agent with the environment from a replay buffer, wherein each experience tuple comprises: (i) a first observation characterizing a state of the environment, (ii) an action performed by the agent in response to the first observation, (iii) a second observation characterizing a state of the environment after the agent performs the action in response to the first observation, and (iv) a reward received as a result of the agent performing the action in response to the first observation; (Haarnoja, page 5, algorithm 1, PNG media_image11.png 538 324 media_image11.png Greyscale Algorithm 1 of Haarnoja, Soft-Q function Haarnoja’s Algorithm 1 teaches that each stored experience includes a first observation (state), an action taken in response to that first observation, a resulting next observation, and a reward. Specifically, Algorithm 1 describes collecting experience by selecting an action “a_t” for the current state “s_t,” sampling the next state “s_(t+1)” from the environment after taking the action, and then saving the new experience in the replay memory as: “D ← D ∪ {(s_t, a_t, r(s_t, a_t), s_(t+1))}.” In this explicit tuple, “s_t” corresponds to the claimed “first observation,” “a_t” corresponds to the claimed “action performed … in response to the first observation,” “s_(t+1)” corresponds to the claimed “second observation … after the agent performs the action,” and “r(s_t, a_t)” corresponds to the claimed “reward received as a result of the agent performing the action.”) for each experience tuple, determining a state value for the second observation in the experience tuple by importance sampling; (Haarnoja, page 4, section 3.2, “To convert Theorem 3 into a stochastic optimization problem, we first express the soft value function in terms of an expectation via importance sampling PNG media_image12.png 42 299 media_image12.png Greyscale ”, Haarnoja uses importance sampling to compute a value function (state value) as an expectation using an importance-sampling form.) and determining an update to current values of a set of Q neural network parameters of the Q neural network using the state values for the second observations in the experience tuples; (Haarnoja, page 5, algorithm 1, as shown in Haarnoja’s algorithm 1 above, Haarnoja explicitly computes a next-state value for s(t+1) (the “second observation”), computes the Q-loss gradient, then updates θ (Q parameters) using that value.) It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to incorporate Haarnoja’s replay-buffer minibatch training into Wang’s critic-regularized actor learning, because both references train neural-network-based reinforcement learning systems using experience data, and Haarnoja’s use of a replay memory and minibatch sampling provides a way to train the networks using batches of stored experience transitions within such a system. A motivation of which would have been to enable Wang’s training to use stored experience transitions and minibatch sampling during iterative updates. Haarnoja supports this motivation by expressly stating that experience is stored in replay memory and that parameters are updated using random minibatches from that memory: “the experience is stored in a replay memory buffer D … the parameters are updated using random minibatches from this memory.” (Haarnooja, page 5, section 3.4) Asadi, in the same field of reinforcement learning, teaches the following limitations which Wang fails to teach: and determining the state value for the second observation as a linear combination of the Q values for the sampled action, wherein the Q value for each sampled action is scaled by the weight factor for the sampled action. (Asadi, page 1, col. 2, “ PNG media_image13.png 40 151 media_image13.png Greyscale ”, Asadi defines the Boltzmann softmax operator boltzβ(X), which is a linear combination of the inputs xi, where each input xi is scaled by a corresponding normalized exponential weight e^{βxi}/(∑ e^{βx}). If the vector X is instantiated as the set of Q values for the sampled actions at the second observation (i.e., xi = Q(s′, a_i)), then Asadi’s operator yields the claimed “state value” computed as a weighted sum of those Q values, scaled by the corresponding weight factors.) It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Asadi’s explicit normalized exponential weighting operator into the Wang and Haarnoja because Wang applies normalized exponential weighting based on Q values (e.g., exp(Q/β) normalized across actions) and Asadi provides an explicit formula for computing a normalized exponential weighting and its associated weighted combination of values. A motivation of which would have been to implement the normalized exponential weighting and weighted combination in a direct, explicit operator form consistent with the Q-based weighting described in Wang. Asadi supports this motivation by explicitly defining the Boltzmann operator as a normalized exponential weighting over a set of values (Asadi, page 1, col. 2, “ PNG media_image13.png 40 151 media_image13.png Greyscale ). Vecerik, in the same field of deep learning, teaches the following which Wang, Haarnoja, and Asadi fails to teach: wherein the batch of experience tuples includes at least one experience tuple characterizing a previous interaction of the agent when the agent was controlled by the action selection system (Vecerik, page 2, section 2, paragraph 2, “DDPG maintains a parameterized policy network π(.|θπ) (actor function) and a parameterized action-value function network (critic function) Q(.|θQ). It produces new transitions e = (s,a,r = R(s,a),s ∼ P(.|s,a)) by acting according to a = π(s|θπ) + N where N is a random process allowing action exploration. Those transitions are added to a replay buffer B.”, page 10, Algorithm 1, “Select an action at = π(st−1, θπ) + nt”; “Get next state and reward st, rt = T(st−1, at), R(st)”; “Add single step transition (st−1, at, rt, γ, st) to the replay buffer”; and page 3, section 3, “Prioritized replay is used for sampling transitions across both the demonstration and agent data.”, Vecerik teaches that DDPG maintains a parameterized policy network π(.|θπ), i.e., an actor/action selection system, and that the agent acts according to the policy network by selecting an action a = π(s|θπ) + N. Vecerik further teaches that this action selection produces a new transition e = (s, a, r = R(s, a), s′ ∼ P(.|s, a)), which is added to the replay buffer B. The claimed “at least one experience tuple characterizing a previous interaction of the agent when the agent was controlled by the action selection system” is therefore interpreted as Vecerik’s agent-generated transition e = (s, a, r = R(s, a), s′ ∼ P(.|s, a)), or equivalently the Algorithm 1 single-step transition (st−1, at, rt, γ, st), generated after the policy network selects the action at. Because Vecerik further teaches sampling transitions across both demonstration and agent data, Vecerik teaches or at least suggests that a sampled training batch includes at least one such agent-generated transition from the replay buffer.) and at least one experience tuple characterizing a previous interaction of the agent when the agent was controlled by an expert action selection policy; (Vecerik, page 2, section 3, “The demonstrations are of the form of RL transitions: (s, a, s′, r). DDPGfD loads the demonstration transitions into the replay buffer before the training begins and keeps all transitions forever.”; page 5, section 4.1, “To collect the demonstration data in simulated tasks, we used a Sawyer robotic arm. The arm was kinesthetically force controlled by a human demonstrator. In simulation an agent was running a hard-coded joint space P-controller to match the joint positions of the simulated Sawyer robot to the joint positions of the real one. This agent was using the same action space as the DDPGfD agent which allowed the demonstration transitions to be added directly to the agent’s replay buffer.”; and page 3, section 3, “Transitions from a human demonstrator are added to the replay buffer.”; “Prioritized replay is used for sampling transitions across both the demonstration and agent data.”, Vecerik teaches that demonstration data is expressly in the form of RL transitions (s, a, s′, r), and that DDPGfD loads these demonstration transitions into the replay buffer before training. The claimed “at least one experience tuple characterizing a previous interaction of the agent when the agent was controlled by an expert action selection policy” is therefore interpreted as Vecerik’s demonstration transition (s, a, s′, r). Vecerik further teaches that the demonstration data is collected using a Sawyer robotic arm kinesthetically force controlled by a human demonstrator, and in simulation an agent runs a hard-coded joint-space P-controller to match the demonstrated robot joint positions. The human demonstrator and/or corresponding demonstration controller constitutes the claimed expert action selection policy because it selects the actions used to generate the demonstrated robot interactions. Because Vecerik teaches that these demonstration transitions are added directly to the replay buffer and that prioritized replay samples transitions across both demonstration and agent data, Vecerik teaches or at least suggests that a sampled training batch includes at least one expert-generated experience tuple.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Vecerik into the combined teachings of Wang, Haarnoja, and Asadi, so that the replay-buffer batch used to train the action selection system includes both experience tuples generated from interactions of the agent under control of the action selection system and experience tuples generated from an expert action selection policy. Wang teaches an offline actor-critic reinforcement learning system including a critic/Q network and actor/policy network trained from transition data, and Haarnoja teaches replay-buffer minibatch training for updating Q-function parameters. Vecerik teaches that DDPG maintains a policy network/actor and produces agent-generated transitions e = (s, a, r, s′) that are added to a replay buffer. Vecerik further teaches that demonstration transitions are also RL transitions of the form (s, a, s′, r), that such demonstration transitions are added to the replay buffer, and that prioritized replay is used for sampling transitions across both the demonstration data and the agent data. A motivation for combining Vecerik with Wang, Haarnoja, and Asadi would have been to improve learning efficiency and reduce the exploration burden by using expert demonstration data together with actual agent interaction data during replay-buffer training. Vecerik expressly teaches that demonstrations replace the need for carefully engineered rewards and reduce the exploration problem encountered by classical reinforcement learning approaches, while actual agent interactions allow the policy to continue learning from its own experience. Accordingly, a person of ordinary skill in the art would have had reason to modify the replay-buffer training of Wang and Haarnoja to include Vecerik’s mixed demonstration-and-agent replay data in order to improve training efficiency, propagate sparse reward information, and enable the learned action selection system to learn from both expert behavior and its own interactions with the environment. PNG media_image14.png 119 519 media_image14.png Greyscale Table 1 of Wang, Advantage Estimates from different methods Claim 24: Wang, Haarnoja, Asadi, and Vecerik teaches the limitations of claim 23, Wang further teaches the following limitations: The method of claim 23, wherein the state value for the second observation is computed as: PNG media_image1.png 44 141 media_image1.png Greyscale wherein V π ( g ) is the state value for the second observation, j indexes the sampled actions, M is a number of sampled actions, w j is the weight factor for sampled action PNG media_image2.png 27 67 media_image2.png Greyscale is the Q value for sampled action a 1 (Wang, table 1, Wang’s CRR explicitly uses a linear combination (average) of Q-values over sampled actions aj.) and each weight factor Ai is computed as: PNG media_image3.png 74 162 media_image3.png Greyscale wherein k indexes the sampled actions and V. is the temperature factor. (Wang, page 5, paragraph 3, “We can use this policy instead of π during action selection. To sample from q¯, we use importance sampling. We first sample actions a1:n from πφ(·|s), weight the different actions by their importance weights exp(Qθ(s, ai)/β) and finally choose an action by re-sampling with probabilities PNG media_image10.png 18 284 media_image10.png Greyscale ”, Wang explicitly gives the softmax normalization over exp(Q/temperature) (“β”), matching the claim’s weight definition.) Claim 27: Wang, Haarnoja, Asadi, and Vecerik teaches the limitations of claim 23, Haarnoja further teaches the following limitations: The method of claim 23, wherein determining an update to current values of a set of Q neural network parameters of the Q neural network using the state values for the second observations in the experience tuples comprises: for each experience tuple: processing a first observation in the experience tuple using the Q neural network to generate a Q value for the action in the experience tuple; (Haarnoja, page 5, algorithm 1, “Sample a minibatch from the replay memory {(s (i) t , a (i) t , r (i) t , s (i) t+1)} N i=0 ∼ D.” Page 4, col. 1, section 3.2, paragraph 3, “we can express the soft Q-iteration in an equivalent form as minimizing PNG media_image15.png 42 385 media_image15.png Greyscale ”, Haarnoja’s training is explicitly over minibatched tuples including s t and a t; its Q objective is defined on Q( st, at ) in the computed JQ, i.e., generating a Q value for the action at that observation.) and determining a target Q value for the action in the experience tuple using the state value for the second observation in the experience tuple; (Haarnoja, Page 4, col. 1, section 3.2, paragraph 3, “we can express the soft Q-iteration in an equivalent form as minimizing PNG media_image15.png 42 385 media_image15.png Greyscale where qst , qat are positive over S and A respectively, Qˆ θ - soft(st, at) = rt + γEst+1∼ps [V θ - soft(st+1)] is a target Qvalue, with V θ - soft(st+1) given by (10) and θ being replaced by the target parameters, θ - ”, Haarnoja explicitly defines an error between Qθ(st,at) and a target Q̂. Target Q̂ uses next-state value V(st+1) (the state value for the second observation)) determining a gradient of a Q objective function that, for each experience tuple, measures an error between: (i) the Q value for the action in the experience tuple, and (ii) the target Q value for the action in the experience tuple; (Haarnoja, page 5, algorithm 1, ”Compute empirical soft gradient ∇ ^ θJQ” Page 4, col. 1, section 3.2, paragraph 3, “we can express the soft Q-iteration in an equivalent form as minimizing PNG media_image15.png 42 385 media_image15.png Greyscale , where qst , qat are positive over S and A respectively, Qˆ θ - soft(st, at) = rt + γEst+1∼ps [V θ - soft(st+1)] is a target Qvalue, with V θ - soft(st+1) given by (10) and θ being replaced by the target parameters, θ - .”, Haarnoja’s computed soft gradient measures an error between the Q value (Qθ soft) and the target Q value Qˆθ¯ soft.) and determining the update to the current values of the set of Q neural network parameters using the gradient. (Haarnooja, page 5, algorithm 1, “ PNG media_image16.png 112 345 media_image16.png Greyscale ”, the computed gradient of JQ are used to update the Q neural network parameters.) Claim 28: Wang, Haarnoja, Asadi, and Vecerik teaches the limitations of claim 27, Haarnoja further teaches the following limitations: The method of claim 27, wherein determining the target Q value for the action in the experience tuple using the state value for the second observation in the experience tuple comprises: determining the target Q value as a sum of: (i) the reward in the experience tuple, and (ii) a product of a discount factor and the state value for the second observation in the experience tuple; and/or wherein the error between: (i) the Q value for the action in the experience tuple, and (ii) the target Q value for the action in the experience tuple, comprises a squared error between: (i) the Q value for the action in the experience tuple, and (ii) the target Q value for the action in the experience tuple. (Haarnoja, Page 4, col. 1, section 3.2, paragraph 3, “we can express the soft Q-iteration in an equivalent form as minimizing PNG media_image15.png 42 385 media_image15.png Greyscale ”, Haarnoja’s error between the Q value and target Q value comprises a squared error between the Q value and the target Q value, matching the claimed “wherein the error between: (i) the Q value for the action in the experience tuple, and (ii) the target Q value for the action in the experience tuple, comprises a squared error between: (i) the Q value for the action in the experience tuple, and (ii) the target Q value for the action in the experience tuple.”) Claim 30: Wang, Haarnoja, Asadi, and Vecerik teaches the limitations of claim 23, Haarnoja further teaches the following limitations: The method of claim 23, further comprising, at each of the plurality of iterations, determining an update to current values of a set of policy neural network parameters of the policy neural network, comprising: for each experience tuple: processing the first observation in the experience tuple using the Q neural network to generate a Q value for the action in the experience tuple; determining a state value for the first observation in the experience tuple; (Haarnoja, page 4, col. 1, paragraph 1, “ PNG media_image17.png 73 399 media_image17.png Greyscale ”, as used in algorithm 1, which includes updating policies above, tuples for each iteration t is computed a Q value (Q soft function) and a state value (V soft function)) and determining an advantage value for the experience tuple as a difference between: (i) the Q value for the action in the experience tuple, and (ii) the state value for the first observation in the experience tuple; (Haarnoja, page 4, col. 2, last paragraph, “We denote the induced distribution of the actions as π φ (at|st), and we want to find parameters φ so that the induced distribution approximates the energy-based distribution in terms of the KL divergence PNG media_image18.png 72 380 media_image18.png Greyscale ”, an advantage value Jπ(φ; st) is computed using the difference between Q value for an experience tuple and the state value for the first observation in the experience tuple) Wang further teaches: and determining the update to the current values of the set of policy neural network parameters of the policy neural network based on only the experience tuples having a non-negative advantage value. (Wang, page 4, paragraph 1, “Provided Q is sufficiently accurate for (s, a) ∈ B (e.g. learned using Eq. (1)), we can consider additional choices of f that enable off-policy learning to overcome this problem: f := 1[Aˆ θ(s, a) > 0],”, Wang explicitly defines a filter f as an indicator requiring advantage > 0, which is exactly “only tuples having a non-negative advantage value.”) Claim 31: Wang, Haarnoja, Asadi, and Vecerik teaches the limitations of claim 23, Wang further teaches the following limitations: The method of claim 30, wherein determining the update to the current values of the set of policy neural network parameters of the policy neural network based on only the experience tuples having a non-negative advantage value comprises: determining a gradient of a policy objective function that depends on only the experience tuples having a non-negative advantage value; and determining the update to the current values of the set of policy neural network parameters using the gradient. (Wang, page 4, paragraph 1, “Update actor (policy) with gradient: PNG media_image19.png 20 274 media_image19.png Greyscale ”, Wang, page 4, paragraph 1, “Provided Q is sufficiently accurate for (s, a) ∈ B (e.g. learned using Eq. (1)), we can consider additional choices of f that enable off-policy learning to overcome this problem: f := 1[Aˆ θ(s, a) > 0],”, Wang explicitly uses an actor gradient whose sums are multiplied by f, and f can be the [Â>0] indicator, as disclosed above; thus the objective/gradient depends only on positive-advantage tuples which updates the policy.) Claim 32: Wang, Haarnoja, Asadi, and Vecerik teaches the limitations of claim 28, Wang further teaches the following limitations: The method of claim 31, wherein for each experience tuple having a non-negative advantage value, the policy objective function depends on an action score for the action in the experience tuple that is generated by processing a first observation in the experience tuple using the policy neural network; in particular wherein the policy objective function is computed as: PNG media_image7.png 43 210 media_image7.png Greyscale wherein |B| is a number of experience tuples in the batch of experience tuples, each (s, a, r) is an experience tuple in the batch of experience tuples B, wherein s is the first observation, a is the action, and r is the reward, I[-] is an indicator function, A π ( a , s ) is an advantage value for the experience tuple , and π θ ( a | s ) is the action score for the action in the experience tuple that is generated by processing the first observation in the experience tuple using the policy network. (Wang, page 4, paragraph 1, “Update actor (policy) with gradient: PNG media_image19.png 20 274 media_image19.png Greyscale ”, Wang, page 4, paragraph 1, “Provided Q is sufficiently accurate for (s, a) ∈ B (e.g. learned using Eq. (1)), we can consider additional choices of f that enable off-policy learning to overcome this problem: f := 1[Aˆ θ(s, a) > 0],”, Wang uses an actor gradient whose terms match similarly to those claimed; f can be the [Â(a,s)>0] indicator, which will match the claimed function.) Claim 33: Wang, Haarnoja, Asadi, and Vecerik teaches the limitations of claim 23, Haarnooja further teaches the following limitations: The method of claim 23, further comprising, at each of one or more of the plurality of iterations: generating a plurality of new experience tuples using the action selection system, an expert action selection policy, or both; and adding the new experience tuples to the replay buffer; (Haarnoja, page 5, section 3.4, “The algorithm proceeds by alternating between collecting new experience from the environment, and updating the soft Q-function and sampling network parameters. The experience is stored in a replay memory buffer D as standard in deep Q-learning (Mnih et al., 2013)” Haarnoja, page 5, algorithm 1, PNG media_image20.png 138 330 media_image20.png Greyscale Haarnoja explicitly has a replay memory D, stores tuples (st, at, r(·), st+1) (matching observation/action/reward/next-observation), and samples a minibatch each iteration.) wherein generating a plurality of new experience tuples comprises, at each of one or more time steps: receiving a current observation for the time step; selecting an action to be performed by the agent at the time step using the action selection system or the expert action selection policy; receiving a next observation and a reward resulting from the agent performing the selected action; and generating a new experience tuple comprising the current observation, the selected action, the next observation, and the reward; (Haarnoja, page 5, algorithm 1, PNG media_image20.png 138 330 media_image20.png Greyscale , as shown in the “collect experience” for an iteration t of algorithm 1, an action is sampled to be performed by the agent at the time step, a current observation s_t, next observation s_t+1 are received to generate a reward r which generates a new experience tuple comprising all aforementioned terms.) in particular wherein selecting the action to be performed by the agent at the time step using the action selection system or the expert action selection policy comprises stochastically selecting between using the action selection system or the expert action selection policy to select the action to be performed by the agent at the time step. (Haarnooja, page 6, section 5.1, “The stochastic policy samples actions closely following the energy landscape, hence learning diverse trajectories that lead to all four goals”, the action selection system (action sampling) is based on a stochastic policy.) Claim 34: Wang, Haarnoja, Asadi, and Vecerik teaches the limitations of claim 23, Wang further teaches the following limitations: The method of claim 33, wherein selecting an action to be performed by the agent at a time step using the action selection system comprises: processing the current observation for the time step using the policy neural network to generate a respective action score for each action in the set of possible actions; (Wang, page 4, paragraph 1, “for n_updates do… Update actor (policy) with gradient: PNG media_image19.png 20 274 media_image19.png Greyscale ”, Wang uses an actor gradient computed over each n_update (iteration over actions). It is interpreted that log πφ(a i t |s i t ) corresponds to the respective action score for each action) processing the current observation for the time step using the Q neural network to generate a respective Q value for each action in the set of possible actions; (Wang, page 4, paragraph 1, “for n_updates do… Update actor (policy) with gradient: PNG media_image19.png 20 274 media_image19.png Greyscale ”, Wang uses an actor gradient computed over each n_update (iteration over actions). It is interpreted that Qθ corresponds to the respective Q value for each action) determining a final action score for each action based on: (i) the action score for the action, and (ii) the Q value for the action; (Wang, page 4, paragraph 1, “for n_updates do… Update actor (policy) with gradient: PNG media_image19.png 20 274 media_image19.png Greyscale ”, Wang uses an actor gradient computed over each n_update (iteration over actions). It is interpreted that updated policy value is the final action score.) and selecting the action to be performed by the agent in accordance with the final action scores. (Wang, page 5, paragraph 3, “We can use this policy instead of π during action selection.”, explicit support for showing how the policy (whose update procedure was disclosed above), interpreted as the final action score, is used to select an action performed by the agent.) Claim 35: Wang, Haarnoja, Asadi, and Vecerik teaches the limitations of claim 23, Wang further teaches the following limitations: The method of claim 34, wherein the final action score for an action is computed as: PNG media_image8.png 40 126 media_image8.png Greyscale wherein π ( a | s ) is the action score for the action, Q(s,a) is the Q value for the action, and n s is a temperature parameter (Wang, page 5, paragraph 3, “The solution is given by… which yields PNG media_image21.png 28 339 media_image21.png Greyscale ”, a final action score computed in Wang, is identical to the action score defined in the claim.) Claim 36 and 37 recite limitations substantially similar to claims 23, as such a similar analysis applies. Claim 36 recites additional limitations for consideration: A system comprising: one or more computers; and one or more storage devices communicatively coupled to the one or more computers, wherein the one or more storage devices store instructions that, when executed by the one or more computers, cause the one or more computers to perform (Haarnoja, page 7, figure 2, “Figure 2. Simulated robots used in our experiments.”, page 5, section 3.4, “The experience is stored in a replay memory buffer D as standard in deep Q-learning (Mnih et al., 2013), and the parameters are updated using random minibatches from this memory.”, a storage device (memory) is used by computer (simulated robot) to execute the instructions (algorithm 1)) Claim 37 recites additional limitations for consideration: One or more non-transitory computer storage media storing instructions that when executed by one or more computers cause the one or more computers to perform (Haarnoja, page 7, figure 2, “Figure 2. Simulated robots used in our experiments.”, page 5, section 3.4, “The experience is stored in a replay memory buffer D as standard in deep Q-learning (Mnih et al., 2013), and the parameters are updated using random minibatches from this memory.”, a storage media (memory) is used by computer (simulated robot) to execute the instructions (algorithm 1)) Claim 38 recites limitations substantially similar to claim 24, as such a similar analysis applies. Claims 41 recite limitations substantially similar to claims 27, as such a similar analysis applies. Claim 43: Wang, Haarnoja, Asadi, and Vecerik teaches the limitations of claim 23, Vecerik further teaches the following limitations: The method of claim 23, wherein the expert action selection policy is generated by composing one or more waypoint tracking controllers. (Vecerik, page 5, section 4.1, “To collect the demonstration data in simulated tasks, we used a Sawyer robotic arm. The arm was kinesthetically force controlled by a human demonstrator. In simulation an agent was running a hard-coded joint space P-controller to match the joint positions of the simulated Sawyer robot to the joint positions of the real one. This agent was using the same action space as the DDPGfD agent which allowed the demonstration transitions to be added directly to the agent’s replay buffer.”, Vecerik teaches generating demonstration transitions using an agent controlled by a hard-coded joint-space P-controller that matches the joint positions of a simulated Sawyer robot to the joint positions of a real Sawyer robot controlled by a human demonstrator. Under the broadest reasonable interpretation, the sequence of demonstrated joint positions constitutes a set of waypoints in the robot’s joint/configuration space, and the hard-coded P-controller is a waypoint tracking controller because it controls robot actions to track those waypoint positions. Because claim 43 recites “one or more” waypoint tracking controllers, the limitation encompasses use of a single such tracking controller. Thus, Vecerik teaches or at least suggests an expert action selection policy generated using one or more waypoint tracking controllers.) Claims 25-26 and 39 are rejected under 35 U.S.C. 103 as being unpatentable by Wang in view of Haarnoja and in further view of Asadi and Vecerik, as applied to claims above, and Peters et al., (Peters, J., Mulling, K., & Altun, Y. (2010, July). Relative entropy policy search. In Proceedings of the AAAI Conference on Artificial Intelligence (Vol. 24, No. 1, pp. 1607-1612).), hereafter referred to as Peters. PNG media_image22.png 505 334 media_image22.png Greyscale Table 1 of Peters, Relative Entropy Policy Search Claim 25: Wang, Haarnoja, Asadi, and Vecerik teaches the limitations of claim 23, Wang, Haarnoja, Asadi and Vecerik do not teach, however Peter teaches the following limitations: The method of claim 23, wherein determining the temperature factor based on the Q values for the sampled actions comprises, at each of one or more optimization iterations: determining a gradient of a dual function with respect to the temperature factor, wherein the dual function depends on: (i) the temperature factor, and (ii) the Q values for the sampled actions; (Peters, page 1609, table 1, Peters REPS (Relative Entropy Policy Search) explicitly computes ∂η g (gradient/derivative of the dual function g w.r.t. η), matching “gradient … with respect to the temperature factor.”, where η is being interpreted to be the temperature factor.) adjusting a current value of the temperature factor using the gradient of the dual function with respect to the temperature factor. (Peters, page 1609, table 1, REPS explicitly optimizes η using an optimizer that takes ∂g (includes ∂ηg). That is an explicit “adjusting a current value of the temperature factor using the gradient/derivative.”) It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Peters’ dual-function optimization for a temperature-like parameter into the Wang, Haarnoja, Asadi and Vecerik because the combined system uses normalized exponential weighting controlled by a temperature-like parameter (β, η, or its equivalent), and Peters provides an explicit method for computing and optimizing such a parameter through a dual function and its derivative. A motivation of which would have been to determine or adjust the temperature-like parameter used in the normalized exponential weighting by optimizing a dual function with respect to that parameter. Peters supports this motivation by expressly teaching computing the dual function, computing its derivative with respect to η, and optimizing using both: “Compute Dual Function: g(θ, η) … Compute the Dual Function’s Derivative … ∂η g … Optimize: (θ*, η*) = fmin BFGS(g, ∂g, [θ0, η0]).” (Peters, page 1609, table 1) Claim 26: Wang, Haarnoja, Asadi, Vecerik and Peters teaches the limitations of claim 25, Peters further teaches the following limitations: The method of claim 25, wherein the dual function is computed as: PNG media_image4.png 49 251 media_image4.png Greyscale wherein g(ns) is the dual function evaluated for temperature factor ns, | B | denotes a number of experience tuples in the batch of experience tuples, ϵ is a regularization parameter, j indexes the sampled actions, M is a number of sampled actions, and PNG media_image5.png 71 134 media_image5.png Greyscale is the Q value for sampled action aj. (Peters, page 1609, table 1, “Compute a Dual Function”, Peters REPS explicitly defines a dual function which matches the claimed η + log-sum-exp / log-mean-exp structure, but the exponent uses δθ(si,ai) (Bellman error sample), not “Q values” verbatim.) Claim 39-40 recites limitations substantially similar to claims 25-26, as such a similar analysis applies. Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable by Wang in view of Haarnoja and in further view of Asadi and Vecerik, as applied to claims above, and Lillicrap et al., (Lillicrap, T. P., Hunt, J. J., Pritzel, A., Heess, N., Erez, T., Tassa, Y., ... & Wierstra, D. (2015). Continuous control with deep reinforcement learning. arXiv preprint arXiv:1509.02971.), hereafter referred to as Lillicrap. Claim 29: Wang, Haarnoja, Asadi, and Vecerik teaches the limitations of claim 28, Lillicrap, in the same field of reinforcement learning, teaches the following limitations which Wang, Haarnoja, Asadi, and Vecerik fail to teach: The method of claim 28, wherein the Q objective function is computed as: PNG media_image6.png 45 211 media_image6.png Greyscale wherein |B| is a number of experience tuples in the batch of experience tuples, each (s, a, r, s’) is an experience tuple in the batch of experience tuples B, wherein s is the first observation, a is the action, r is the reward, and s' is the second observation, γ is a discount factor, V π s '   is the state value for the second observation in the experience tuple, and Qϕ(a,s) is the Q value for the action in the experience tuple. (Lillicrap, page 5, algorithm 1, “ PNG media_image23.png 60 472 media_image23.png Greyscale ”, Lillicrap samples a random minibatch of N transitions ( s _ i , a _ i , r _ i , s _ { i + 1 } ) from replay buffer R, which corresponds to the claim’s batch { B } of experience tuples (s,a,r,s'). Lillicrap defines the target y_i as shown in Eq. (1), y i   =   r i   + γ   Q ' ( s i + 1 ,   μ ' ( s i + 1 ) ) which matches the claim’s target form r   + γ   V π s ' because both include a reward term and a discounted next-state value term evaluated at the next state. Lillicrap then updates the critic by minimizing the loss in Eq. (2), L = 1 N s u m i = 1 N y i -   Q s i , a i ∣ θ Q ' 2 , which corresponds to the claim’s batch-averaged squared error expression, PNG media_image6.png 45 211 media_image6.png Greyscale , because both compute a squared difference between a target value and a Q-value over a batch of sampled experience tuples.) It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Lillicrap’s explicit batch-averaged critic loss form into the Wang, Haarnoja, Asadi, and Vecerik system because the combined system trains a critic/Q function using batches of sampled transitions, and Lillicrap provides an explicit formulation that computes the critic update by minimizing a batch-averaged squared loss over a sampled minibatch of transitions. A motivation of which would have been to express and implement the critic/Q training objective as an explicit minibatch-average loss computed over sampled transitions. Lillicrap supports this motivation by expressly teaching sampling a minibatch of transitions and minimizing a loss written with a 1/N summation: “Sample a random minibatch of N transitions … Update critic by minimizing the loss: L = 1/N ∑ (y_i − Q(s_i, a_i|θQ))^2.” (Lillicrap, page 5, algorithm 1) Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Abdolmaleki, A., Springenberg, J. T., Tassa, Y., Munos, R., Heess, N., & Riedmiller, M. (2018). Maximum a posteriori policy optimisation. arXiv preprint arXiv:1806.06920. Peng, X. B., Kumar, A., Zhang, G., & Levine, S. (2019). Advantage-weighted regression: Simple and scalable off-policy reinforcement learning. arXiv preprint arXiv:1910.00177. Ross, S., Gordon, G., & Bagnell, D. (2011, June). A reduction of imitation learning and structured prediction to no-regret online learning. In Proceedings of the fourteenth international conference on artificial intelligence and statistics (pp. 627-635). JMLR Workshop and Conference Proceedings. Nair, A., McGrew, B., Andrychowicz, M., Zaremba, W., & Abbeel, P. (2018, May). Overcoming exploration in reinforcement learning with demonstrations. In 2018 IEEE international conference on robotics and automation (ICRA) (pp. 6292-6299). IEEE. Hester, T., Vecerik, M., Pietquin, O., Lanctot, M., Schaul, T., Piot, B., ... & Gruslys, A. (2018, April). Deep q-learning from demonstrations. In Proceedings of the AAAI conference on artificial intelligence (Vol. 32, No. 1). Nair, A., Gupta, A., Dalal, M., & Levine, S. (2020). Awac: Accelerating online reinforcement learning with offline datasets. arXiv preprint arXiv:2006.09359. THIS ACTION IS MADE FINAL. 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 HYUNGJUN B YI whose telephone number is (703)756-4799. The examiner can normally be reached M-F 9-5. 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. /H.B.Y./Examiner, Art Unit 2146 /USMAAN SAEED/Supervisory Patent Examiner, Art Unit 2146
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Prosecution Timeline

Dec 07, 2022
Application Filed
May 07, 2024
Response after Non-Final Action
Jan 07, 2026
Non-Final Rejection mailed — §101, §103
Apr 10, 2026
Response Filed
Jun 01, 2026
Final Rejection mailed — §101, §103 (current)

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