Office Action Predictor
Last updated: April 15, 2026
Application No. 18/028,765

COLLABORATIVE TRAINING WITH COMPRESSED TRANSMISSIONS

Non-Final OA §101
Filed
Mar 28, 2023
Examiner
CHOI, DAVID E
Art Unit
2148
Tech Center
2100 — Computer Architecture & Software
Assignee
Rakuten Mobile, INC.
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
2y 11m
To Grant
79%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allow Rate
448 granted / 595 resolved
+20.3% vs TC avg
Minimal +4% lift
Without
With
+3.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
18 currently pending
Career history
613
Total Applications
across all art units

Statute-Specific Performance

§101
6.6%
-33.4% vs TC avg
§103
65.8%
+25.8% vs TC avg
§102
17.8%
-22.2% vs TC avg
§112
1.9%
-38.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 595 resolved cases

Office Action

§101
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 2. This action is responsive to the following communication: Original claims filed 03/28/23. This action is made non-final. 3. Claims 1-20 are pending in the case. Claims 1, 8 and 15 are independent claims. Claim Rejections - 35 USC § 101 4. 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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Step 1: Claim 1 is a computer-readable medium claim. Claim 8 is a computer-readable medium claim. Claim 15 is a method claim. Therefore, claims 1-20 are directed to either a process, machine, manufacture or composition of matter. With respect to claim 1, 15: 2A Prong 1: • partitioning a plurality of layers of a neural network model into a device partition and a server partition; (mental process – a user can partition a plurality of layers into partitions); 2A Prong 2: This judicial exception is not integrated into a practical application. Additional elements: • combining a plurality of encoding layers of an auto-encoder neural network with the device partition, wherein a largest encoding layer among the plurality of encoding layers is adjacent a layer of the device partition bordering the server partition (can be categorized as generally linking the use of the judicial exception to a field of use/technological environment and therefore does not integrate into a practical application. MPEP 2106.05(h)); • combining a plurality of decoding layers of the auto-encoder neural network with the server partition, wherein a largest decoding layer among the plurality of decoding layers is adjacent a layer of the server partition bordering the device partition (can be categorized as generally linking the use of the judicial exception to a field of use/technological environment and therefore does not integrate into a practical application. MPEP 2106.05(h)); • transmitting, to a computation device, the device partition combined with the plurality of encoding layers (can be categorized as insignificant extra solution activity of mere data gathering and therefore does not integrate into a practical application. MPEP 2106.05(g)); • training, collaboratively with the computation device through a network, the neural network model by receiving, from the computation device, a set of compressed activations output from the plurality of encoding layers, applying the plurality of decoding layers to the set of compressed activations to obtain a set of activations, applying the server partition to the set of activations to obtain a set of output instances, applying a loss function relating activations to output instances to each output instance among the current set of output instances to obtain a set of loss values, computing a set of gradient vectors for each layer of the server partition, including a set of gradient vectors of a layer bordering the device partition, based on the set of loss values, and transmitting, to the computation device, the set of gradient vectors of the layer bordering the device partition (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. Additional elements: • combining a plurality of encoding layers of an auto-encoder neural network with the device partition, wherein a largest encoding layer among the plurality of encoding layers is adjacent a layer of the device partition bordering the server partition (can be categorized as generally linking the use of the judicial exception to a field of use/technological environment and therefore does not integrate into a practical application. MPEP 2106.05(h)); • combining a plurality of decoding layers of the auto-encoder neural network with the server partition, wherein a largest decoding layer among the plurality of decoding layers is adjacent a layer of the server partition bordering the device partition (can be categorized as generally linking the use of the judicial exception to a field of use/technological environment and therefore does not integrate into a practical application. MPEP 2106.05(h)); • transmitting, to a computation device, the device partition combined with the plurality of encoding layers (can be categorized as well understood, routine and conventional activity of “transmitting or receiving data over a network” and therefore does not provide significantly more. MPEP 2106.05(d)(ii)); • training, collaboratively with the computation device through a network, the neural network model by receiving, from the computation device, a set of compressed activations output from the plurality of encoding layers, applying the plurality of decoding layers to the set of compressed activations to obtain a set of activations, applying the server partition to the set of activations to obtain a set of output instances, applying a loss function relating activations to output instances to each output instance among the current set of output instances to obtain a set of loss values, computing a set of gradient vectors for each layer of the server partition, including a set of gradient vectors of a layer bordering the device partition, based on the set of loss values, and transmitting, to the computation device, the set of gradient vectors of the layer bordering the device partition (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). With respect to claim 2, 16 2A Prong 2: This judicial exception is not integrated into a practical application. Additional elements: training, collaboratively with the computation device through the network, the auto-encoder neural network before training the neural network model. (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. training, collaboratively with the computation device through the network, the auto-encoder neural network before training the neural network model. (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). With respect to claim 3, 17: 2A Prong 2: This judicial exception is not integrated into a practical application. Additional elements: combining the plurality of decoding layers of the auto-encoder neural network with the device partition, wherein a smallest decoding layer among the plurality of decoding layers is adjacent a smallest layer among the plurality of encoding layers; (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). transmitting, to a computation device, the device partition combined with the plurality of encoding layers and the plurality of decoding layers (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). and receiving, from the computation device, the plurality of decoding layers before combining the plurality of decoding layers with the server partition (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. combining the plurality of decoding layers of the auto-encoder neural network with the device partition, wherein a smallest decoding layer among the plurality of decoding layers is adjacent a smallest layer among the plurality of encoding layers; (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). transmitting, to a computation device, the device partition combined with the plurality of encoding layers and the plurality of decoding layers (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). and receiving, from the computation device, the plurality of decoding layers before combining the plurality of decoding layers with the server partition (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). With respect to claim 4, 18 2A Prong 2: This judicial exception is not integrated into a practical application. Additional elements: dequantizing the set of compressed activations by increasing the bit-width of each compressed activation among the set of compressed activations. (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. dequantizing the set of compressed activations by increasing the bit-width of each compressed activation among the set of compressed activations. (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). With respect to claim 5, 19: 2A Prong 2: This judicial exception is not integrated into a practical application. Additional elements: updating weight values of the server partition based on the set of gradient vectors for each layer of the server partition. (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. updating weight values of the server partition based on the set of gradient vectors for each layer of the server partition. (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). With respect to claim 6, 20: 2A Prong 2: This judicial exception is not integrated into a practical application. Additional elements: performing a plurality of iterations of the training; (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). receiving the device partition from the computation device (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)).; and combining the device partition with the server partition to obtain an updated neural network model (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. performing a plurality of iterations of the training; (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). receiving the device partition from the computation device (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)).; and combining the device partition with the server partition to obtain an updated neural network model (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). With respect to claim 7: 2A Prong 2: This judicial exception is not integrated into a practical application. Additional elements: wherein the receiving the set of compressed activations includes receiving a set of labels from the computation device. (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. wherein the receiving the set of compressed activations includes receiving a set of labels from the computation device. (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). With respect to claim 8: 2A Prong 1: • receiving, from a server, a device partition of a neural network model combined with a plurality of encoding layers of an auto-encoder neural network; (mental process – a user can partition a plurality of layers into partitions); 2A Prong 2: This judicial exception is not integrated into a practical application. Additional elements: • the neural network model including a plurality of layers partitioned into the device partition and a server partition, wherein a largest encoding layer among the plurality of encoding layers is adjacent a layer of the device partition bordering the server partition (can be categorized as generally linking the use of the judicial exception to a field of use/technological environment and therefore does not integrate into a practical application. MPEP 2106.05(h)); and training, collaboratively with the server through a network, the neural network model by applying the device partition to a set of data samples to obtain a set of activations,applying the plurality of encoding layers to the set of activations to obtain a set of compressed activations,transmitting, to the server, the set of compressed activations,receiving, from the server, a set of gradient vectors of a layer of the server partition bordering the device partition, and computing a set of gradient vectors for each layer of the device partition, based on the set of gradient vectors of the layer of the server partition bordering the device partition. (can be categorized as generally linking the use of the judicial exception to a field of use/technological environment and therefore does not integrate into a practical application. MPEP 2106.05(h)); 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. Additional elements: • the neural network model including a plurality of layers partitioned into the device partition and a server partition, wherein a largest encoding layer among the plurality of encoding layers is adjacent a layer of the device partition bordering the server partition (can be categorized as generally linking the use of the judicial exception to a field of use/technological environment and therefore does not integrate into a practical application. MPEP 2106.05(h)); and training, collaboratively with the server through a network, the neural network model by applying the device partition to a set of data samples to obtain a set of activations,applying the plurality of encoding layers to the set of activations to obtain a set of compressed activations,transmitting, to the server, the set of compressed activations,receiving, from the server, a set of gradient vectors of a layer of the server partition bordering the device partition, and computing a set of gradient vectors for each layer of the device partition, based on the set of gradient vectors of the layer of the server partition bordering the device partition. (can be categorized as generally linking the use of the judicial exception to a field of use/technological environment and therefore does not integrate into a practical application. MPEP 2106.05(h)); With respect to claim 9: 2A Prong 2: This judicial exception is not integrated into a practical application. Additional elements: wherein the operations further comprise: training, collaboratively with the server through the network, the auto-encoder neural network before training the neural network model. (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. wherein the operations further comprise: training, collaboratively with the server through the network, the auto-encoder neural network before training the neural network model. (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). With respect to claim 10: 2A Prong 2: This judicial exception is not integrated into a practical application. Additional elements: receiving, from the server, the device partition combined with the plurality of encoding layers and a plurality of decoding layers of the auto-encoder neural network; (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). training the auto-encoder neural network before training the neural network model (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). removing the plurality of decoding layers from the device partition and the plurality of encoding layers (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). transmitting, to the server, the plurality of decoding layers (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. receiving, from the server, the device partition combined with the plurality of encoding layers and a plurality of decoding layers of the auto-encoder neural network; (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). training the auto-encoder neural network before training the neural network model (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). removing the plurality of decoding layers from the device partition and the plurality of encoding layers (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). transmitting, to the server, the plurality of decoding layers (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). With respect to claim 11 2A Prong 2: This judicial exception is not integrated into a practical application. Additional elements: wherein the training the neural network model further includes: quantizing the set of activations by decreasing the bit-width of each activation among the set of activations. (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. wherein the training the neural network model further includes: quantizing the set of activations by decreasing the bit-width of each activation among the set of activations. (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). With respect to claim 12 2A Prong 2: This judicial exception is not integrated into a practical application. Additional elements: wherein the training the neural network model further includes: updating weight values of the device partition based on the set of gradient vectors for each layer of the device partition. (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. wherein the training the neural network model further includes: updating weight values of the device partition based on the set of gradient vectors for each layer of the device partition. (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). With respect to claim 13 2A Prong 2: This judicial exception is not integrated into a practical application. Additional elements: performing a plurality of iterations of the training; (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). removing the plurality of encoding layers from the device partition; (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). And transmitting the device partition to the server (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. performing a plurality of iterations of the training; (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). removing the plurality of encoding layers from the device partition; (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). And transmitting the device partition to the server (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). With respect to claim 14 2A Prong 2: This judicial exception is not integrated into a practical application. Additional elements: wherein the transmitting the set of compressed activations includes transmitting a set of labels to the server. (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. wherein the transmitting the set of compressed activations includes transmitting a set of labels to the server. (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f)). Allowable Subject Matter 5. Claims 1-20 are allowable subject matter. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID E CHOI whose telephone number is (571)270-3780. The examiner can normally be reached on M-F: 7-2, 7-10 (PST). If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bechtold, Michelle T. can be reached on (571) 431-0762. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DAVID E CHOI/Primary Examiner, Art Unit 2148
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Prosecution Timeline

Mar 28, 2023
Application Filed
Dec 13, 2025
Non-Final Rejection — §101
Mar 25, 2026
Interview Requested
Apr 07, 2026
Response Filed

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
75%
Grant Probability
79%
With Interview (+3.7%)
2y 11m
Median Time to Grant
Low
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