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 .
DETAILED ACTION
This action is responsive to the Application filed on 3/30/2023, which claims provisional application 63/086977 filed on 10/2/2020. Claims 1-20 are pending in the case. Claims 1, 19, and 20 are independent claims.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 63/086977, filed on 10/02/2020.
Information Disclosure Statement
The information disclosure statement (IDS) submitted is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 U.S.C. § 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 1-20 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to an abstract idea without significantly more.
When considering subject matter eligibility under 35 U.S.C. 101, it must be determined whether the claim is directed to one of the four statutory categories of invention, i.e., process, machine, manufacture, or composition of matter (Step 1). If the claim does fall within one of the statutory categories, the second step in the analysis is to determine whether the claim is directed to a judicial exception (Step 2A). The Step 2A analysis is broken into two prongs. In the first prong (Step 2A, Prong 1), it is determined whether or not the claims recite a judicial exception (e.g., mathematical concepts, mental processes, certain methods of organizing human activity). If it is determined in Step 2A, Prong 1 that the claims recite a judicial exception, the analysis proceeds to the second prong (Step 2A, Prong 2), where it is determined whether or not the claims integrate the judicial exception into a practical application. If itis determined at step 2A, Prong 2 that the claims do not integrate the judicial exception into a practical application, the analysis proceeds to determining whether the claim is a patent-eligible application of the exception (Step 2B). If an abstract idea is present in the claim, any element or combination of elements in the claim must be sufficient to ensure that the claim integrates the judicial exception into a practical application, or else amounts to significantly more than the abstract idea itself. Applicant is advised to consult the 2019 PEG for more details of the analysis.
Step 1 Analysis: Is the claim to a process, machine, manufacture or composition of matter? See MPEP § 2106.03.
Claims 1-18 are drawn to a system, claim 19 is drawn to a method and claim 20 is drawn to apparatus, therefore each of these claim groups falls under one of four categories of statutory subject matter (machine/products/apparatus, process/method, manufactures and compositions of mater; Step 1). Nonetheless, the claims are directed to a judicially recognized exception of an abstract idea without significant more (Step 2A, see below). Independent claims 1, 19 and 20 are non-verbatim but similar in claim construction, hence share the same rationale that the claimed inventions are directed to non-statutory subject matter as follows:
As to claims 1 and similar claims 19 and 20:
Claim 1 recites “A system for generating a machine learning predictive model, the system comprising: one or more processors; and one or more memory devices storing instructions that configure the one or more processors to perform operations comprising: receiving, from a healthcare facility, a local dataset comprising local records of first patients associated with the healthcare facility; retrieving, from a database, a template dataset comprising template records, the template records organized in clusters comprising variable centroids; calculating a similarity metric between the local records and the template records by comparing demographics and the variable centroids; generating a synthetic dataset by combining at least a portion of the template records and at least a portion of the local records, the portion of the template records selected based on a threshold similarity; segregating the synthetic dataset into a training synthetic dataset and a testing synthetic dataset; and generating the machine learning predictive model by: performing at least one of tuning a template model according to the training synthetic dataset or generating a new predictive model; and validating the tuned template model or the new predictive model employing the testing synthetic dataset.“
Step 2A Prong One Analysis: Does the claim recite an abstract idea, law of nature, or natural phenomenon? See MPEP § 2106.04(II)(A)(1).
Yes, the limitation “calculating a similarity metric between the local records and the template records by comparing demographics and the variable centroids” is the abstract idea of a mathematical relationship, as directed to “a mathematical relationship is a relationship between variables or numbers. A mathematical relationship may be expressed in words or using mathematical symbols”. See MPEP § 2106.04(a)(2)(I)(A).
Yes, the limitation “generating a synthetic dataset by combining at least a portion of the template records and at least a portion of the local records, the portion of the template records selected based on a threshold similarity” is the abstract idea of a mental process that can practically be performed in the human mind, with or without the use of a physical aid such as pen and paper (including an observation, evaluation, judgment, opinion). See MPEP § 2106.04(a)(2)(III).
Yes, the limitation “segregating the synthetic dataset into a training synthetic dataset and a testing synthetic dataset” is the abstract idea of a mental process that can practically be performed in the human mind, with or without the use of a physical aid such as pen and paper (including an observation, evaluation, judgment, opinion). See MPEP § 2106.04(a)(2)(III).
Step 2A Prong Two Analysis: Does the claim recite additional elements that integrate the judicial exception into a practical application? See MPEP § 2106.04(d).
No, this limitation “machine learning predictive model”, “template model” and “predictive model” is an additional element that amounts to adding the words “apply it” (or an equivalent) with the judicial exception and reciting only the idea of a solution or outcome, i.e., the claim fails to recite details of how a solution to a problem is accomplished because it is unclear how the “machine learning predictive model”, “template model” and “predictive model” is used nor the specification makes it clear how these actions are performed. Thus, these additional elements are recited in a manner that represent no more than mere instructions to apply the judicial exceptions on a computer. See MPEP § 2106.05(f) and § 2106.04(d).
No, this limitation “generating the machine learning predictive model by: performing at least one of tuning a template model according to the training synthetic dataset or generating a new predictive model; and validating the tuned template model or the new predictive model employing the testing synthetic dataset” is an additional element that amounts to adding the words “apply it” (or an equivalent) with the judicial exception and reciting only the idea of a solution or outcome, i.e., the claim fails to recite details of how a solution to a problem is accomplished because it is unclear how the “machine learning predictive model”, “template model” and “predictive model” is used nor the specification makes it clear how these actions are performed. Thus, these additional elements are recited in a manner that represent no more than mere instructions to apply the judicial exceptions on a computer. See MPEP § 2106.05(f) and § 2106.04(d).
No, this limitation “processor” and “one or more memory devices storing instructions that configure the one or more processors to perform operation” are additional elements that amounts to adding the words “apply it” (or an equivalent) with the judicial exception, or merely uses a computer in its ordinary capacity as a tool to perform an existing process, and as such is deemed insufficient to transform the judicial exception to a patentable invention. See MPEP §§ 2106.04(d), 2106.05(f)(2).
No, this limitation “receiving, from a healthcare facility, a local dataset comprising local records of first patients associated with the healthcare facility” amounts to mere data gathering. It is necessary to acquire the data in order to use the recited judicial exception to perform “receiving”. Therefore, the additional limitation is insignificant extra-solution activity to the judicial exception, and as such is deemed insufficient to transform the judicial exception to a patentable invention. See MPEP §§ 2106.04(d), 2106.05(g).
No, this limitation “retrieving, from a database, a template dataset comprising template records” amounts to mere data gathering. It is necessary to acquire the data in order to use the recited judicial exception to perform “retrieving”. Therefore, the additional limitation is insignificant extra-solution activity to the judicial exception, and as such is deemed insufficient to transform the judicial exception to a patentable invention. See MPEP §§ 2106.04(d), 2106.05(g).
Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea when considered as an ordered combination and as a whole.
Step 2B Analysis: Does the claim recite additional elements that amount to significantly more than the judicial exception? See MPEP § 2106.05.
First, the additional elements directed to generally linking the use of a judicial exception to a particular technological environment or field of use are deemed insufficient to transform the judicial exception to a patentable invention because the claimed limitations generally link the judicial exception to the technology environment, see MPEP 2106.05(h). However, they are included below for the sake of completeness.
Second, the additional elements mere application of the abstract idea or mere instructions to implement an abstract idea on a computer are deemed insufficient to transform the judicial exception to a patentable invention because the limitations generally apply the use of a generic computer and/or process with the judicial exception. See MPEP 2106.05(f). However, they are included below for the sake of completeness.
No, this limitation “machine learning predictive model”, “template model” and “predictive model” is an additional element that amounts to adding the words “apply it” (or an equivalent) with the judicial exception and reciting only the idea of a solution or outcome, i.e., the claim fails to recite details of how a solution to a problem is accomplished because it is unclear how the “machine learning predictive model”, “template model” and “predictive model” is used nor the specification makes it clear how these actions are performed. Thus, these additional elements are recited in a manner that represent no more than mere instructions to apply the judicial exceptions on a computer. See MPEP § 2106.05(f) and § 2106.04(d).
No, this limitation “generating the machine learning predictive model by: performing at least one of tuning a template model according to the training synthetic dataset or generating a new predictive model; and validating the tuned template model or the new predictive model employing the testing synthetic dataset” is an additional element that amounts to adding the words “apply it” (or an equivalent) with the judicial exception and reciting only the idea of a solution or outcome, i.e., the claim fails to recite details of how a solution to a problem is accomplished because it is unclear how the “machine learning predictive model”, “template model” and “predictive model” is used nor the specification makes it clear how these actions are performed. Thus, these additional elements are recited in a manner that represent no more than mere instructions to apply the judicial exceptions on a computer. See MPEP § 2106.05(f) and § 2106.04(d).
No, this limitation “processor” and “one or more memory devices storing instructions that configure the one or more processors to perform operation” are additional elements that amounts to adding the words “apply it” (or an equivalent) with the judicial exception, or merely uses a computer in its ordinary capacity as a tool to perform an existing process, and as such is deemed insufficient to transform the judicial exception to a patentable invention. See MPEP §§ 2106.04(d), 2106.05(f)(2).
No, this limitation “receiving, from a healthcare facility, a local dataset comprising local records of first patients associated with the healthcare facility” amounts to mere data gathering. It is necessary to acquire the data in order to use the recited judicial exception to perform “receiving”. Therefore, the additional limitation is insignificant extra-solution activity to the judicial exception, and as such is deemed insufficient to transform the judicial exception to a patentable invention. See MPEP §§ 2106.04(d), 2106.05(g). Furthermore the additional element is directed to receiving or transmitting data over a network / performing repetitive calculations / electronic recordkeeping / storing and retrieving information in memory / electronically scanning or extracting data from a physical document, which the courts have recognized as well‐understood, routine, and conventional when they are claimed in a generic manner. See MPEP § 2106.05(d)(II).
No, this limitation “retrieving, from a database, a template dataset comprising template records” amounts to mere data gathering. It is necessary to acquire the data in order to use the recited judicial exception to perform “retrieving”. Therefore, the additional limitation is insignificant extra-solution activity to the judicial exception, and as such is deemed insufficient to transform the judicial exception to a patentable invention. See MPEP §§ 2106.04(d), 2106.05(g). Furthermore the additional element is directed to receiving or transmitting data over a network / performing repetitive calculations / electronic recordkeeping / storing and retrieving information in memory / electronically scanning or extracting data from a physical document, which the courts have recognized as well‐understood, routine, and conventional when they are claimed in a generic manner. See MPEP § 2106.05(d)(II).
Thus, considering the additional elements individually and in combination and the claims as a whole, the additional elements do not provide significantly more than the abstract idea. The claims are not eligible subject matter.
Therefore, in examining elements as recited by the limitations individually and as an ordered combination, as a whole the independent claim limitations do not recite what have the courts have identified as “significantly more”.
Furthermore, regarding dependent claims 2-18 which are dependent on claim 1, claims, the claims are directed to a judicial exception without significantly more as highlighted below in the claim limitations by evaluating the claim limitations under Step 2A and 2B:
Dependent claim 2
Incorporates the rejection of independent claim
Step 2A Prong 1: does the claim recite an abstract idea, law of nature, or natural phenomenon? See MPEP § 2106.04(II)(A)(1). Incorporates the abstract idea of independent claim.
Step 2A prong 2: the claim recite additional elements that integrate the judicial exception into a practical application? See MPEP § 2106.04(d) No.
Step 2B: the claim recite additional elements that amount to significantly more than the judicial exception? See MPEP § 2106.05. and Is the additional element recognized as well-understood, routine, and conventional? No.
Dependent claim 3
Incorporates the rejection of independent claim
Step 2A Prong 1: does the claim recite an abstract idea, law of nature, or natural phenomenon? See MPEP § 2106.04(II)(A)(1). Incorporates the abstract idea of independent claim.
Step 2A prong 2: the claim recite additional elements that integrate the judicial exception into a practical application? See MPEP § 2106.04(d) No.
Step 2B: the claim recite additional elements that amount to significantly more than the judicial exception? See MPEP § 2106.05. and Is the additional element recognized as well-understood, routine, and conventional? No.
Dependent claim 4
Incorporates the rejection of independent claim
Step 2A Prong 1: does the claim recite an abstract idea, law of nature, or natural phenomenon? See MPEP § 2106.04(II)(A)(1). Incorporates the abstract idea of independent claim.
Step 2A prong 2: the claim recite additional elements that integrate the judicial exception into a practical application? See MPEP § 2106.04(d) No.
Step 2B: the claim recite additional elements that amount to significantly more than the judicial exception? See MPEP § 2106.05. and Is the additional element recognized as well-understood, routine, and conventional? No.
Dependent claim 5
Incorporates the rejection of independent claim
Step 2A Prong 1: does the claim recite an abstract idea, law of nature, or natural phenomenon? See MPEP § 2106.04(II)(A)(1). Incorporates the abstract idea of independent claim.
Step 2A prong 2: the claim recite additional elements that integrate the judicial exception into a practical application? See MPEP § 2106.04(d) No.
Step 2B: the claim recite additional elements that amount to significantly more than the judicial exception? See MPEP § 2106.05. and Is the additional element recognized as well-understood, routine, and conventional? No.
Dependent claim 6
Incorporates the rejection of independent claim
Step 2A Prong 1: does the claim recite an abstract idea, law of nature, or natural phenomenon? See MPEP § 2106.04(II)(A)(1). Incorporates the abstract idea of independent claim.
Step 2A prong 2: the claim recite additional elements that integrate the judicial exception into a practical application? See MPEP § 2106.04(d) No.
Step 2B: the claim recite additional elements that amount to significantly more than the judicial exception? See MPEP § 2106.05. and Is the additional element recognized as well-understood, routine, and conventional? No.
Dependent claim 7
Incorporates the rejection of independent claim
Step 2A Prong 1: does the claim recite an abstract idea, law of nature, or natural phenomenon? See MPEP § 2106.04(II)(A)(1). Yes, the limitation “comparing the first tuned model, the second tuned model, the first new model, and the second new model to determine a highest evaluated model.” is the abstract idea of a mental process that can practically be performed in the human mind, with or without the use of a physical aid such as pen and paper (including an observation, evaluation, judgment, opinion). See MPEP § 2106.04(a)(2)(III).
Step 2A prong 2: the claim recite additional elements that integrate the judicial exception into a practical application? See MPEP § 2106.04(d) No.
Step 2B: the claim recite additional elements that amount to significantly more than the judicial exception? See MPEP § 2106.05. and Is the additional element recognized as well-understood, routine, and conventional? No.
Dependent claim 8
Incorporates the rejection of independent claim
Step 2A Prong 1: does the claim recite an abstract idea, law of nature, or natural phenomenon? See MPEP § 2106.04(II)(A)(1). Yes, the limitation “comparing the first tuned model, the second tuned model, the first new model, and the second new model comprises selecting a final model based on weighted KPIs of the first tuned model, the second tuned model, the first new model, and the second new model.” is the abstract idea of a mental process that can practically be performed in the human mind, with or without the use of a physical aid such as pen and paper (including an observation, evaluation, judgment, opinion). See MPEP § 2106.04(a)(2)(III).
Step 2A prong 2: the claim recite additional elements that integrate the judicial exception into a practical application? See MPEP § 2106.04(d) No.
Step 2B: the claim recite additional elements that amount to significantly more than the judicial exception? See MPEP § 2106.05. and Is the additional element recognized as well-understood, routine, and conventional? No.
Dependent claim 9
Incorporates the rejection of independent claim
Step 2A Prong 1: does the claim recite an abstract idea, law of nature, or natural phenomenon? See MPEP § 2106.04(II)(A)(1). Yes, the limitation “generating the synthetic dataset comprises generating additional records based on the local records using median or mode imputation” is the abstract idea of a mental process that can practically be performed in the human mind, with or without the use of a physical aid such as pen and paper (including an observation, evaluation, judgment, opinion). See MPEP § 2106.04(a)(2)(III).
Step 2A prong 2: the claim recite additional elements that integrate the judicial exception into a practical application? See MPEP § 2106.04(d) No.
Step 2B: the claim recite additional elements that amount to significantly more than the judicial exception? See MPEP § 2106.05. and Is the additional element recognized as well-understood, routine, and conventional? No.
Dependent claim 10
Incorporates the rejection of independent claim
Step 2A Prong 1: does the claim recite an abstract idea, law of nature, or natural phenomenon? See MPEP § 2106.04(II)(A)(1). Incorporates the abstract idea of independent claim.
Step 2A prong 2: the claim recite additional elements that integrate the judicial exception into a practical application? See MPEP § 2106.04(d) No.
Step 2B: the claim recite additional elements that amount to significantly more than the judicial exception? See MPEP § 2106.05. and Is the additional element recognized as well-understood, routine, and conventional? No.
Dependent claim 11
Incorporates the rejection of independent claim
Step 2A Prong 1: does the claim recite an abstract idea, law of nature, or natural phenomenon? See MPEP § 2106.04(II)(A)(1). Incorporates the abstract idea of independent claim.
Step 2A prong 2: the claim recite additional elements that integrate the judicial exception into a practical application? See MPEP § 2106.04(d) No.
Step 2B: the claim recite additional elements that amount to significantly more than the judicial exception? See MPEP § 2106.05. and Is the additional element recognized as well-understood, routine, and conventional? No.
Dependent claim 12
Incorporates the rejection of independent claim
Step 2A Prong 1: does the claim recite an abstract idea, law of nature, or natural phenomenon? See MPEP § 2106.04(II)(A)(1). Incorporates the abstract idea of independent claim.
Step 2A prong 2: the claim recite additional elements that integrate the judicial exception into a practical application? See MPEP § 2106.04(d) No.
Step 2B: the claim recite additional elements that amount to significantly more than the judicial exception? See MPEP § 2106.05. and Is the additional element recognized as well-understood, routine, and conventional? No.
Dependent claim 13
Incorporates the rejection of independent claim
Step 2A Prong 1: does the claim recite an abstract idea, law of nature, or natural phenomenon? See MPEP § 2106.04(II)(A)(1). Incorporates the abstract idea of independent claim.
Step 2A prong 2: the claim recite additional elements that integrate the judicial exception into a practical application? See MPEP § 2106.04(d) No.
Step 2B: the claim recite additional elements that amount to significantly more than the judicial exception? See MPEP § 2106.05. and Is the additional element recognized as well-understood, routine, and conventional? No.
Dependent claim 14
Incorporates the rejection of independent claim
Step 2A Prong 1: does the claim recite an abstract idea, law of nature, or natural phenomenon? See MPEP § 2106.04(II)(A)(1). Incorporates the abstract idea of independent claim.
Step 2A prong 2: the claim recite additional elements that integrate the judicial exception into a practical application? See MPEP § 2106.04(d) No.
Step 2B: the claim recite additional elements that amount to significantly more than the judicial exception? See MPEP § 2106.05. and Is the additional element recognized as well-understood, routine, and conventional? No.
Dependent claim 15
Incorporates the rejection of independent claim
Step 2A Prong 1: does the claim recite an abstract idea, law of nature, or natural phenomenon? See MPEP § 2106.04(II)(A)(1). Incorporates the abstract idea of independent claim.
Step 2A prong 2: the claim recite additional elements that integrate the judicial exception into a practical application? See MPEP § 2106.04(d) No.
Step 2B: the claim recite additional elements that amount to significantly more than the judicial exception? See MPEP § 2106.05. and Is the additional element recognized as well-understood, routine, and conventional? No.
Dependent claim 16
Incorporates the rejection of independent claim
Step 2A Prong 1: does the claim recite an abstract idea, law of nature, or natural phenomenon? See MPEP § 2106.04(II)(A)(1). Yes, the limitation “generating a normalization vector comprising biomarker records including mismatching metadata fields that mismatch one or more of a plurality of template metadata fields in the template records; identifying adjustment functions for of the mismatching metadata fields; modifying data fields of biomarker records in the normalization vector by applying the adjustment functions to the data fields corresponding to the mismatching metadata fields” is the abstract idea of a mathematical calculation, as directed to “a claim that recites a mathematical calculation, when the claim is given its broadest reasonable interpretation in light of the specification, will be considered as falling within the "mathematical concepts" grouping. A mathematical calculation is a mathematical operation (such as multiplication) or an act of calculating using mathematical methods to determine a variable or number”. See MPEP § 2106.04(a)(2)(I)(C).
Step 2A prong 2: the claim recite additional elements that integrate the judicial exception into a practical application? See MPEP § 2106.04(d) No.
Step 2B: the claim recite additional elements that amount to significantly more than the judicial exception? See MPEP § 2106.05. and Is the additional element recognized as well-understood, routine, and conventional? No.
Dependent claim 17
Incorporates the rejection of independent claim
Step 2A Prong 1: does the claim recite an abstract idea, law of nature, or natural phenomenon? See MPEP § 2106.04(II)(A)(1). Yes, the limitation “generating a model predicting probability of dysregulated host response caused by infection” is the abstract idea of a mathematical calculation, as directed to “a claim that recites a mathematical calculation, when the claim is given its broadest reasonable interpretation in light of the specification, will be considered as falling within the "mathematical concepts" grouping. A mathematical calculation is a mathematical operation (such as multiplication) or an act of calculating using mathematical methods to determine a variable or number”. See MPEP § 2106.04(a)(2)(I)(C).
Step 2A prong 2: the claim recite additional elements that integrate the judicial exception into a practical application? See MPEP § 2106.04(d) No.
Step 2B: the claim recite additional elements that amount to significantly more than the judicial exception? See MPEP § 2106.05. and Is the additional element recognized as well-understood, routine, and conventional? No.
Dependent claim 18
Incorporates the rejection of independent claim
Step 2A Prong 1: does the claim recite an abstract idea, law of nature, or natural phenomenon? See MPEP § 2106.04(II)(A)(1). Incorporates the abstract idea of independent claim.
Step 2A prong 2: the claim recite additional elements that integrate the judicial exception into a practical application? See MPEP § 2106.04(d) No.
Step 2B: the claim recite additional elements that amount to significantly more than the judicial exception? See MPEP § 2106.05. and Is the additional element recognized as well-understood, routine, and conventional? No.
The dependent claims as analyzed above, do not recite limitations that integrated the judicial exception into a practical application. In addition, the claim limitations do not include additional elements that are sufficient to amount to significantly more than the judicial exception (Step 2B). Therefore, the claims do not recite any limitations, when considered individually or as a whole, that recite what the courts have identified as “significantly more”, see MPEP 2106.05; and therefore, as a whole the claims are not patent eligible.
As shown above, the dependent claims do not provide any additional elements that when considered individually or as an ordered combination, amount to significantly more than the abstract idea identified. Therefore, as a whole the dependent claims do not recite what the courts have identified as “significantly more” than the recited judicial exception.
Therefore, claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception and does not recite, when claim elements are examined individually and as a whole, elements that the courts have identified as “significantly more” than the recited judicial exception.
Allowable Subject Matter
Claims 1-20 are allowed. 101 Abstract idea rejections still remains.
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure:
Anh (EP3591586A1): Methods for generating data models using a generative adversarial network can begin by receiving a data model generation request by a model optimizer from an interface. The model optimizer can provision computing resources with a data model. As a further step, a synthetic dataset for training the data model can be generated using a generative network of a generative adversarial network, the generative network trained to generate output data differing at least a predetermined amount from a reference dataset according to a similarity metric. The computing resources can train the data model using the synthetic dataset. The model optimizer can evaluate performance criteria of the data model and, based on the evaluation of the performance criteria of the data model, store the data model and metadata of the data model in a model storage. The data model can then be used to process production data. However, Anh fails to disclose, either alone or in combination with other arts, the claimed subject matter as a whole.
Goodsitt et al (US11210144): A model optimizer is disclosed for managing training of models with automatic hyperparameter tuning. The model optimizer can perform a process including multiple steps. The steps can include receiving a model generation request, retrieving from a model storage a stored model and a stored hyperparameter value for the stored model, and provisioning computing resources with the stored model according to the stored hyperparameter value to generate a first trained model. The steps can further include provisioning the computing resources with the stored model according to a new hyperparameter value to generate a second trained model, determining a satisfaction of a termination condition, storing the second trained model and the new hyperparameter value in the model storage, and providing the second trained model in response to the model generation request. However, Goodsitt fails to disclose, either alone or in combination with other arts, the claimed subject matter as a whole.
Applicant is required under 37 C.F.R. § 1.111(c) to consider these references fully when responding to this action.
It is noted that any citation to specific pages, columns, lines, or figures in the prior art references and any interpretation of the references should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. In re Heck, 699 F.2d 1331, 1332-33, 216 U.S.P.Q. 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 U.S.P.Q. 275, 277 (C.C.P.A. 1968)).
In the interests of compact prosecution, Applicant is invited to contact the examiner via electronic media pursuant to USPTO policy outlined MPEP § 502.03. All electronic communication must be authorized in writing. Applicant may wish to file an Internet Communications Authorization Form PTO/SB/439. Applicant may wish to request an interview using the Interview Practice website: http://;www.uspto.gov/patent/laws-and-regulations/interview-practice.
Applicant is reminded Internet e-mail may not be used for communication for matters under 35 U.S.C. § 132 or which otherwise require a signature. A reply to an Office action may NOT be communicated by Applicant to the USPTO via Internet e- mail. If such a reply is submitted by Applicant via Internet e-mail, a paper copy will be placed in the appropriate patent application file with an indication that the reply is NOT ENTERED. See MPEP § 502.03(II).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAIMEI JIANG whose telephone number is (571)270-1590. The examiner can normally be reached M-F 9-5pm.
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/HAIMEI JIANG/ Primary Examiner, Art Unit 2142