Prosecution Insights
Last updated: August 17, 2026
Application No. 18/054,451

MIXTURE-OF-EXPERTS LAYER WITH DYNAMIC GATING

Non-Final OA §102§103
Filed
Nov 10, 2022
Examiner
KOWALIK, SKIELER ALEXANDER
Art Unit
2142
Tech Center
2100 — Computer Architecture & Software
Assignee
Microsoft Technology Licensing, LLC
OA Round
3 (Non-Final)
27%
Grant Probability
At Risk
3-4
OA Rounds
1m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants only 27% of cases
27%
Career Allowance Rate
3 granted / 11 resolved
-27.7% vs TC avg
Strong +89% interview lift
Without
With
+88.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 10m
Avg Prosecution
20 currently pending
Career history
38
Total Applications
across all art units

Statute-Specific Performance

§101
34.2%
-5.8% vs TC avg
§103
51.7%
+11.7% vs TC avg
§102
7.4%
-32.6% vs TC avg
§112
5.4%
-34.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 11 resolved cases

Office Action

§102 §103
DETAILED ACTION Claims 1-20 are presented for examination This office action is in response to submission of application on 10-NOVEMBER-2022. Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Response to Amendment The amendment filed on 11-JUNE-2065 in response to the non-final office action mailed 11-MARCH-2026 has been entered. Claims 1-20 remain pending in the application. With regards to the 101 rejection, the rejection to claim 1 has been overcome by the applicant’s amendments. With regards to the 102(a)(I) rejections, the applicant’s amendments to the claims have not overcome the rejections to claims 1, 6-7, 11-12, 16-17, and 19-20 as the former prior art sufficiently teaches the newly added limitations of the amended claims. With regards to the 103 rejections, the applicant’s amendments and arguments have not overcome the rejections to claims 2-5, 12-15, and 20 as the claim upon which they depend on has not overcome the 102(a)(I) rejection. Claim Rejections - 35 USC § 102 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1, 6-7, 10, 11, 16-17, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by HUANG (U.S. Pub. No. US 20220237435 A1). Regarding claim 1, HUANG substantially teaches the claim including: A computing system comprising: a plurality of processing devices configured to execute a Mixture-of-Experts (MoE) layer included in an MoE model at least in part by: in each of a plurality of iterations, across which a workload of the MoE layer varies in size: at each of the plurality of processing devices: receiving a respective plurality of input tokens; ([0005] The present technology concerns systems and methods for routing in mixture-of-expert models. In that regard, in some aspects of the technology, a transformer may have at least one MoE layer in each of its encoder and decoder, with the at least one MoE layer of the encoder having a learned gating function configured to route each token of a task to two or more selected expert FFNs, [0006] In one aspect, the disclosure describes a computer-implemented method of processing an input sequence in a transformer having an encoder and a decoder, the encoder and the decoder each having one or more mixture-of-experts sublayers, the method comprising: (a) generating, by one or more processors of a processing system, a first tokenized input sequence based on the input sequence, the first tokenized input sequence comprising a plurality of tokens; [0019] FIG. 2 depicts an exemplary encoder architecture 200 for a transformer according to aspects of the present technology. In that regard, in the example of FIG. 2, a tokenized input sequence 202 is the initial input. The tokenized input sequence may be a tokenized form of any type of sequence (e.g., a word, sentence fragment, sentence, paragraph, etc.), and may be tokenized using any suitable method. For example, if the transformer is a multi-lingual translation model, the processing system 102 may generate the tokenized input sequence 202 by replacing the individual words (or smaller wordpieces) of a sentence to be translated with representative tokens. [0020] The tokenized input sequence 202 is then processed in one or more embedding layers 204 to create a vector for each token. In the example of FIG. 2, the embedding layers 204 include an input embedding layer that converts each token into a representative vector, and a positional embedding layer that adds positional information representing where the token exists within the overall tokenized input sequence 202. Any suitable embedding functions may be used to create the token vectors, including further embeddings beyond those shown in the example of FIG. 2. (it should be noted that the encoders and decoders are iterative as they employ an iterative process in the FFNs as FFNs are inherently iterative.)) selecting, from among a plurality of expert sub-models of the MoE layer, one or more destination expert sub-models associated with the plurality of input tokens, wherein respective numbers k differ across the plurality of iterations, k being the number of expert sub-models selected as the one or more destination expert sub-models; and conveying the plurality of input tokens to the one or more destination expert sub-models; ([0023] The MoE sublayer 212 comprises a learned gating function 214 and a set of E expert feed-forward networks 216a-216e (FFN.sub.1 through FFN.sub.E). E may be any suitable number such as 32, 128, etc. The learned gating function 214 is configured to process the output of the first normalization sublayer(the plurality of input tokens are the output here) 210, route it to two or more selected expert feed-forward networks (from amongst the set of expert feed-forward networks 216a-216e), [0036] The MoE sublayer 318 comprises a learned gating function 320 and a set of F expert feed-forward networks 322a-322f (FFN.sub.1 through FFN.sub.F). F may be any suitable number such as 32, 128, etc. The learned gating function 318 is configured to process the output of the second normalization sublayer 320 (as seen here, there are multiple iterations that expect the number of experts to differ, as shown by the separate naming of the variables. It should be further noted that this is a second sublayer going to a third, and HUANG teaches going up to five different sublayers, making it a plurality, where these steps are repeated)) PNG media_image1.png 120 215 media_image1.png Greyscale generating one or more respective expert sub-model outputs at the one or more destination expert sub-models based at least in part on the respective input tokens received at the one or more destination expert sub-models; generating an MoE layer output based at least in part on the one or more expert sub-model outputs; and outputting the MoE layer output to an additional computing process. ([0023]… and combine the output of those two or more selected expert feed-forward networks to create a single vector to be output from the MoE sublayer 212. In that regard, in some examples, the learned gating function 214 may be configured to compute a vector identifying which expert feed-forward networks the output of the first normalization sublayer 210 should be routed to, and what weight should be accorded to each selected expert's output in order to create a final output for the MoE sublayer 212. [0029] FIG. 3 depicts an exemplary decoder architecture 300 for a transformer according to aspects of the present technology. In the example of FIG. 3, the inputs to the decoder are a combined encoder output vector 302 created by combining (e.g., stacking) all encoder outputs 238 of FIG. 2 for a given task, and a target sequence 304. (here, part of the encoder output is the MoE output which is then used for ‘a given task’, i.e. an additional computing process)) Regarding claim 6, HUANG further teaches: The computing system of claim 1, wherein the plurality of processing devices are further configured to select the one or more destination expert sub-models at least in part by identifying the one or more expert sub-models corresponding to the k highest routing scores included in a gating function output vector of a gating function.([0023]… In that regard, in some examples, the learned gating function 214 may be configured to compute a vector identifying which expert feed-forward networks the output of the first normalization sublayer 210 should be routed to, and what weight should be accorded to each selected expert's output in order to create a final output for the MoE sublayer 212. (it should be noted that in routing based on a vector and a weight, this is a standard way of routing in gating functions that use the highest ‘routing scores’ (weights) to decide the function routed to.)) Regarding claim 7, HUANG further teaches: The computing system of claim 6, wherein the gating function includes a linear layer configured to receive the plurality of input tokens. ([0024] As the learned gating function 214's routing decisions are based on its training, it will determine which expert feed-forward networks to route to based on whatever criteria it has been trained to prioritize. (the layer receiving the routing is the input layer of a FFN, which is linear in the context of HUANG.)) Regarding claim 10, HUANG further teaches: The computing system of claim 1, wherein: the MoE layer is included among a plurality of MoE layers in the MoE model; ([0006] In one aspect, the disclosure describes a computer-implemented method of processing an input sequence in a transformer having an encoder and a decoder, the encoder and the decoder each having one or more mixture-of-experts sublayers,) and during the iteration, the numbers k of expert sub-models selected as the one or more destination expert sub-models differ between the plurality of MoE layers. ([0022] Likewise, the output of the first normalization sublayer 210 is connected to the MoE sublayer 212, as well as to the second normalization sublayer 218 through another residual connection. The second normalization sublayer 218 concatenates the output of the first normalization sublayer 210 with the output of the MoE sublayer 212, and normalizes the resulting vector.[0023] The MoE sublayer 212 comprises a learned gating function 214 and a set of E expert feed-forward networks 216a-216e [0035] Further, the output of the second normalization sublayer 316 is connected to the MoE sublayer 318, as well as to the third normalization sublayer 324 through yet another residual connection. The third normalization sublayer 324 concatenates the output of the second normalization sublayer 316 with the output of the MoE sublayer 318, and normalizes the resulting vector. [0036] The MoE sublayer 318 comprises a learned gating function 320 and a set of F expert feed-forward networks 322a-322f (as denoted here, it can be seen that the FFNs of each sublayer are different as they are labeled differently.)) Regarding claim 11, it comprises of limitations similar to those of claim 1 and are therefore rejected for similar rationale. Regarding claims 16-17, they comprise of limitations similar to those of claim 6-7 and are therefore rejected for similar rationale. Regarding claim 19, it comprises of limitations similar to those of claim 10 and is therefore rejected for similar rationale. 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. Claims 2-5, 12-15, and claim 20 are rejected under 35 U.S.C. 103 as being unpatentable over HUANG (U.S. Pub. No. US 20220237435 A1) in view of SHAZEER (N.P.L. ‘OUTRAGEOUSLY LARGE NEURAL NETWORKS: THE SPARSELY-GATED MIXTURE-OF-EXPERTS LAYER’) Regarding claim 2, while HUANG teaches claim 1, which claim 2 is dependent upon, it does not explicitly teach: The computing system of claim 1, wherein: the plurality of processing devices are further configured to set an expert capacity shared by the one or more destination expert sub-models; and the expert capacity is a maximum number of input tokens configured to be processed at each of the one or more destination expert sub-models during an iteration of the plurality of iterations. However, in analogous art that similarly uses an iterative MoE layer, SHAZEER teaches: The computing system of claim 1, wherein: the plurality of processing devices are further configured to set an expert capacity shared by the one or more destination expert sub-models; and the expert capacity is a maximum number of input tokens configured to be processed at each of the one or more destination expert sub-models during an iteration of the plurality of iterations. ((Section 2, paragraph 1)The Mixture-of-Experts (MoE) layer consists of a set of n “expert networks" E1, · · · , En, and a “gating network" G whose output is a sparse n-dimensional vector. Figure 1 shows an overview of the MoE module. The experts are themselves neural networks, each with their own parameters. Although in principle we only require that the experts accept the same sized inputs (i.e. a capacity as the inputs can be no larger than this given number) and produce the same-sized outputs, in our initial investigations in this paper, we restrict ourselves to the case where the models are feed-forward networks with identical architectures, but with separate parameters. (further, given the context, these parameters are not input, but rules/limitations on the size of the input)) It would have been obvious to a person skilled in the art before the effective filing date of the invention to have combined with SHAZEER‘s models with capacity set and, with HUANG‘s teaching of a method of using MoE models, with a reasonable expectation of success, an expert capacity, as in SHAZEER, set to each of the expert models, as found in HUANG. A person of ordinary skill would have been motivated to make this combination to improve model capacity (SHAZEER, abstract). SHAZEER further teaches: The computing system of claim 2, wherein the plurality of processing devices are further configured to: compute the expert capacity based at least in part on a capacity factor of the MoE layer; and dynamically modify the capacity factor of the one or more destination expert sub-models over the plurality of iterations. ((section 3.1, paragraph 2) In a conventional distributed training setting, multiple copies of the model on different devices asynchronously process distinct batches of data, and parameters are synchronized through a set of parameter servers. In our technique, these different batches run synchronously so that they can be combined for the MoE layer. We distribute the standard layers of the model and the gating network according to conventional data-parallel schemes, but keep only one shared copy of each expert. Each expert in the MoE layer receives a combined batch consisting of the relevant examples from all of the data-parallel input batches. The same set of devices function as data-parallel replicas (for the standard layers and the gating networks) and as model-parallel shards (each hosting a subset of the experts). If the model is distributed over d devices, and each device processes a batch of size b, each expert receives a batch of approximately kbd/n examples. Thus, we achieve a factor of d improvement in expert batch size. (the number of devices increases the capacity and is hard set based on the number of devices in the MoE system, making it a hyperparameter.)) SHAZEER further teaches: The computing system of claim 3, wherein the plurality of processing devices are further configured to dynamically modify the capacity factor over the plurality of iterations at least in part by, during each of the iterations, setting the capacity factor to a maximum among one or more respective numbers of the input tokens respectively received at the one or more destination expert sub-models during the iteration. ((section 3.1, paragraph 2) Each expert in the MoE layer receives a combined batch consisting of the relevant examples from all of the data-parallel input batches. The same set of devices function as data-parallel replicas (for the standard layers and the gating networks) and as model-parallel shards (each hosting a subset of the experts). If the model is distributed over d devices, and each device processes a batch of size b, each expert receives a batch of approximately kbd n examples. Thus, we achieve a factor of d improvement in expert batch size. (the maximum, in this case, would be the number of devices being used) (section 3.1, paragraph 3) In the case of a hierarchical MoE (Section B), the primary gating network employs data parallelism, and the secondary MoEs employ model parallelism. Each secondary MoE resides on one device. This technique allows us to increase the number of experts (and hence the number of parameters) by proportionally increasing the number of devices in the training cluster. The total batch size increases, keeping the batch size per expert constant. The memory and bandwidth requirements per device also remain constant, as do the step times, as does the amount of time necessary to process a number of training examples equal to the number of parameters in the model.) SHAZEER further teaches: The computing system of claim 3, wherein the plurality of processing devices are further configured to set a predefined upper bound on the capacity factor. ((appendix D, paragraph 1) For the hierarchical MoE layers, the first level branching factors are 32, 64, 128, 256 and 256, respectively. (these are upper bounds on the factors set at each layer)) Regarding claim 20, HUANG further teaches: A computing system comprising: a plurality of processing devices configured to execute a Mixture-of-Experts (MoE) layer included in an MoE model at least in part by: In each of a plurality of iterations: at each of the plurality of processing devices: receiving a respective plurality of input tokens; ([0005] The present technology concerns systems and methods for routing in mixture-of-expert models. In that regard, in some aspects of the technology, a transformer may have at least one MoE layer in each of its encoder and decoder, with the at least one MoE layer of the encoder having a learned gating function configured to route each token of a task to two or more selected expert FFNs, [0006] In one aspect, the disclosure describes a computer-implemented method of processing an input sequence in a transformer having an encoder and a decoder, the encoder and the decoder each having one or more mixture-of-experts sublayers, the method comprising: (a) generating, by one or more processors of a processing system, a first tokenized input sequence based on the input sequence, the first tokenized input sequence comprising a plurality of tokens; (it should be noted that the encoders and decoders are iterative as they employ an iterative process in the FFNs as FFNs are inherently iterative.)) SHAZEER further teaches: setting an expert capacity of the plurality of expert sub-models; ((Section 3.1, paragraph 2)The same set of devices function as data-parallel replicas (for the standard layers and the gating networks) and as model-parallel shards (each hosting a subset of the experts). If the model is distributed over d devices, and each device processes a batch of size b, each expert receives a batch of approximately kbd/n examples.)) HUANG further teaches: selecting, from among a plurality of expert sub-models of the MoE layer, one or more destination expert sub-models associated with the plurality of input tokens; ([0023] The MoE sublayer 212 comprises a learned gating function 214 and a set of E expert feed-forward networks 216a-216e (FFN.sub.1 through FFN.sub.E). E may be any suitable number such as 32, 128, etc. The learned gating function 214 is configured to process the output of the first normalization sublayer(the plurality of input tokens are the output here) 210, route it to two or more selected expert feed-forward networks (from amongst the set of expert feed-forward networks 216a-216e), [0036] The MoE sublayer 318 comprises a learned gating function 320 and a set of F expert feed-forward networks 322a-322f (FFN.sub.1 through FFN.sub.F). F may be any suitable number such as 32, 128, etc. The learned gating function 318 is configured to process the output of the second normalization sublayer 320) SHAZEER further teaches: and conveying the plurality of input tokens to the one or more destination expert sub-models, wherein the expert capacity of the one or more destination expert sub-models is equal to a maximum among one or more respective numbers of the input tokens respectively received at the one or more destination expert sub-models during the iteration; ((Section 3.1, paragraph 3) In the case of a hierarchical MoE (Section B), the primary gating network employs data parallelism, and the secondary MoEs employ model parallelism. Each secondary MoE resides on one device. This technique allows us to increase the number of experts (and hence the number of parameters) by proportionally increasing the number of devices in the training cluster. The total batch size increases, keeping the batch size per expert constant. The memory and bandwidth requirements per device also remain constant, as do the step times, as does the amount of time necessary to process a number of training examples equal to the number of parameters in the model.) HUANG further teaches: generating one or more respective expert sub-model outputs at the one or more destination expert sub-models based at least in part on the respective input tokens received at the one or more destination expert sub-models; generating an MoE layer output based at least in part on the one or more expert sub-model outputs; and outputting the MoE layer output to an additional computing process ([0023]… and combine the output of those two or more selected expert feed-forward networks to create a single vector to be output from the MoE sublayer 212. In that regard, in some examples, the learned gating function 214 may be configured to compute a vector identifying which expert feed-forward networks the output of the first normalization sublayer 210 should be routed to, and what weight should be accorded to each selected expert's output in order to create a final output for the MoE sublayer 212. [0029] FIG. 3 depicts an exemplary decoder architecture 300 for a transformer according to aspects of the present technology. In the example of FIG. 3, the inputs to the decoder are a combined encoder output vector 302 created by combining (e.g., stacking) all encoder outputs 238 of FIG. 2 for a given task, and a target sequence 304. (here, part of the encoder output is the MoE output which is then used for ‘a given task’, i.e. an additional computing process)) Regarding claims 12-15, they comprise of limitations similar to those of claims 2-5 and are therefore rejected for similar rationale. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over HUANG (U.S. Pub. No. US 20220237435 A1) in view of CHEUNG (U.S. Pub. No. US 20220237435 A1) in view of SHAZEER (N.P.L. ‘OUTRAGEOUSLY LARGE NEURAL NETWORKS: THE SPARSELY-GATED MIXTURE-OF-EXPERTS LAYER’) While HUANG does teach claim 7, which claim 8 is dependent upon, it does not explicitly teach: The computing system of claim 7, wherein the gating function further includes: a cosine similarity function configured to receive a linear layer output from the linear layer; and a SoftMax activation function that is computed on a cosine similarity function output of the cosine similarity function to obtain (the output vector). However, in analogous art that similarly uses a plurality of networks, CHEUNG teaches: The computing system of claim 7, wherein the gating function further includes: a cosine similarity function configured to receive a linear layer output from the linear layer; and a SoftMax activation function that is computed on a cosine similarity function output of the cosine similarity function (to obtain the output vector) ((column 9, lines 21-25)Further, the relevant data determination module 206 may compute a probability distribution over data in the data vectors 703 using the SoftMax function based on the cosine similarity computed for each entry in the data vector.) It would have been obvious to a person skilled in the art before the effective filing date of the invention to have combined with CHEUNG‘s softmax function and, with HUANG‘s teaching of gaining routing scores, with a reasonable expectation of success, a softmax function that uses cosine similarity, as in CHEUNG, for a gating function, as found in HUANG. A person of ordinary skill would have been motivated to make this combination to better access and utilize memory (CHEUNG, column 1, lines 32-35). While HUANG, as modified by CHEUNG, does teach using a softmax function with cosine similarity, it does not explicitly teach: (using a softmax function) to obtain the plurality of routing scores included in the gating function output vector. However, in analogous art that similarly uses MoE layers, SHAZEER teaches: (using a softmax function) to obtain the plurality of routing scores included in the gating function output vector. (Softmax Gating: A simple choice of non-sparse gating function (Jordan & Jacobs, 1994) is to multiply the input by a trainable weight matrix Wg and then apply the Softmax function.) It would have been obvious to a person skilled in the art before the effective filing date of the invention to have combined with SHAZEER‘s softmax for routing and, with HUANG‘s, as modified by CHEUNG, teaching of gaining routing scores and using a cosine similarity output with the softmax, with a reasonable expectation of success, a softmax function that gains routing scores, as in SHAZEER, that uses cosine similarity, as found in HUANG. A person of ordinary skill would have been motivated to make this combination to improve model capacity (SHAZEER, abstract). Claims 9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over HUANG (U.S. Pub. No. US 20220237435 A1) in view of PADALA (U.S. Pub. No. US 20190304596 A1) Regarding claim 9, HUANG further teaches: user input received at an MoE layer application-programming interface (API). ([0016] In all cases, the computing devices described herein may further include any other components normally used in connection with a computing device such as a user interface subsystem. (The computing device relays this input to the processing device used for MoE layers, this process would have to be carried out by an api, thus an api connected to a MoE processing device)) While HUANG does teach receiving user input to a MoE API, it does not explicitly teach: The computing system of claim 1, wherein the number k at the iteration is specified via a user input However, in an analogous art that similarly uses a plurality of models, PADALA teaches: The computing system of claim 1, wherein the number k at the iteration is specified via a user input ([0092] Parameter array 850 can be used to select parameter options for the building and validation of models. Parameter option 852 allows a user to set the maximum number of models the system will construct and validate, for example 12.) It would have been obvious to a person skilled in the art before the effective filing date of the invention to have combined with PADALA‘s gain of user input and, with HUANG‘s teaching of user input processed to a MoE API, with a reasonable expectation of success, user input specifying the number of models, as in PADALA, which is brought into the MoE through an API, as found in HUANG. A person of ordinary skill would have been motivated to make this combination to better control the outcome (PADALA [0006]). Regarding claim 18, it comprises of limitations similar to those of claim 9 and is therefore rejected for similar rationale. Response to Arguments Applicant’s arguments filed 11-JUNE-2026 have been fully considered, but they are found to be non-persuasive With regards to the applicant’s remarks regarding the 102(a)(1) rejection in the non-final action, the applicant argues that the prior art does not teach the newly amended claims 1, 6-7, 10-11, 16, 17, 19, and 20. The examiner acknowledges this argument and has adjusted the prior art of HUANG to disclose the newly added limitations. Namely, paragraph 36 has been added to show that HUANG does have varying workload sizes for each iteration. HUANG shows that the input varies in size and is tokenized. It stands to reason that the tokens that it iterates through would be of varying size as the tokens are tokenization’s of a sentence and each element of a sentence would correlate to a token of a different size. Further, with regards to the applicant’s remarks regarding the 102 rejection in the non-final action, the applicant argues that the prior art does not teach claim 1. In the response to the previous Office action, Applicant amended claim 1 to recite that k is the number of expert sub-models selected as the one or more destination expert sub-models. Applicant made this amendment to distinguish k from an index number. In the rejection of claim 1 under 35 U.S.C. 102(a)(1), the Office acknowledges on p. 27 that k refers to the number of models instead of to an index number. However, the Office action cites Paras. [0023] and [0036] of Huang, in which only an index number is disclosed, as allegedly disclosing the number k. Applicant respectfully submits that the Office misinterprets the subscripts in the variable names FFN1 through FFNF (disclosed in Paras. [0023] and [0036] of Huang) as the numbers of experts selected at different iterations, when these variable names are instead index numbers of the experts. For example, Para. [0036] of Huang discloses: "The MoE sublayer 318 comprises a learned gating function 320 and a set of F expert feed-forward networks 322a-322f (FFNI through FFNF)." Huang does not appear to disclose or suggest varying the number of selected expert sub-models between iterations, as is recited in claim 1. With regards to this argument, the Examiner acknowledges this argument and has adjusted prior art HUANG to better show the intention behind the mapping. The Examiner apologizes for the confusion in interpretation. For clarity, E and F are not relating to the expert within the the sub-models, but rather the maximum amount of expert sub-models in the iteration. This can be further seen within the second image of HUANG, which shows that FFN.sub.1-FFN.sub.E is not the expert within the model, but rather the upper limit upon the amount of sub-models in the MoE model. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SKIELER A KOWALIK whose telephone number is (571)272-1850. The examiner can normally be reached 8-5. 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, Mariela D Reyes can be reached at (571)270-1006. 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. /SKIELER ALEXANDER KOWALIK/Examiner, Art Unit 2142 /Mariela Reyes/Supervisory Patent Examiner, Art Unit 2142
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Prosecution Timeline

Show 1 earlier event
Jul 24, 2025
Non-Final Rejection mailed — §102, §103
Oct 22, 2025
Applicant Interview (Telephonic)
Oct 22, 2025
Examiner Interview Summary
Oct 24, 2025
Response Filed
Mar 11, 2026
Final Rejection mailed — §102, §103
Jun 11, 2026
Request for Continued Examination
Jun 17, 2026
Response after Non-Final Action
Aug 05, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
27%
Grant Probability
99%
With Interview (+88.9%)
3y 10m (~1m remaining)
Median Time to Grant
High
PTA Risk
Based on 11 resolved cases by this examiner. Grant probability derived from career allowance rate.

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