DETAILED ACTION
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 .
This action is responsive to the original application filed on December 1st, 2022.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 13-16 and 18- 20 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Applicant may cancel the claims, amend the claims to place the claims in proper dependent form, rewrite the claims in independent form, or present a sufficient showing that the dependent claims comply with the statutory requirements.
Regarding claim 13, this claim is written as a dependent claim of claim 10, which is a dependent claim of claim 1. Looking at dependent claim 4, which is dependent of claim 1, it states the limitation, “wherein the input feature map represents an image.” Which is the same or similar to claim 13 which states, “wherein the input feature map represents an image.”. Therefore claim 13 fails to further limit the claim which it depends on because it is claiming the same or similar limitation which has been previously claimed. For examination purposes, claim 13 will be interpreted to be a dependent claim of claim 11. Appropriate actions are required.
Regarding claim 14, this claim is written as a dependent claim of claim 10, which is a dependent claim of claim 1. Looking at dependent claim 5, which is dependent of claim 1, it states the limitation, “further comprising applying the filter using the similarity metric by using a depth-wise filter.” Which is the same or similar to claim 14 which states, “further comprising applying the convolution layer with the similarity metric by using a depth-wise filter mode.”. Therefore claim 14 fails to further limit the claim which it depends on because it is claiming the same or similar limitation which has been previously claimed. For examination purposes, claim 14 will be interpreted to be a dependent claim of claim 11. Appropriate actions are required.
Regarding claim 15, this claim is written as a dependent claim of claim 10, which is a dependent claim of claim 1. Looking at dependent claim 6, which is dependent of claim 1, it states the limitation, “further comprising applying the filter using the similarity metric in a pointwise (1x1) filter.” Which is the same or similar to claim 15 which states, “further comprising applying the convolution layer with the similarity metric in pointwise (1x1) filter operation.”. Therefore claim 15 fails to further limit the claim which it depends on because it is claiming the same or similar limitation which has been previously claimed. For examination purposes, claim 15 will be interpreted to be a dependent claim of claim 11. Appropriate actions are required.
Regarding claim 16, this claim is written as a dependent claim of claim 10, which is a dependent claim of claim 1. Looking at dependent claim 6, which is dependent of claim 1, it states the limitation, “further comprising applying the filter using the similarity metric by using a depth-wise filter.” Which is the same or similar to claim 16 which states, “further comprising applying the convolution layer with the similarity metric using a depth-wise separable filter mode.”. Therefore claim 16 fails to further limit the claim which it depends on because it is claiming the same or similar limitation which has been previously claimed. For examination purposes, claim 16 will be interpreted to be a dependent claim of claim 11. Appropriate actions are required.
Regarding claim 18, this claim is written as a dependent claim of claim 16, which is a dependent claim of claim 10, which is a dependent claim of claim 1. Looking at dependent claim 3, which is dependent of claim 1, it states the limitation, “wherein the similarity metric includes at least one of: a L-2 norm of the feature tensor of the input feature map and the filter tensor, a modulo squared of the feature tensor and filter tensor that determines a distance metric between the feature tensor and the filter tensor defined between [-1, +1], a Cosine similarity, or a similarity metric computable between n-dimensional tensors.” Which is the same or similar to claim 18 which states, “wherein the similarity metric includes at least one of: a L-2 norm of the feature tensor of the input feature map and the filter tensor, a modulo squared of the feature tensor and filter tensor that determines a distance metric between the feature tensor and the filter tensor defined between [-1, +1], or a Cosine similarity.”. Therefore claim 18 fails to further limit the claim which it depends on because it is claiming the same or similar limitation which has been previously claimed. For examination purposes, claim 18 will be interpreted to be a dependent claim of claim 17. Appropriate actions are required.
Regarding claim 19, this claim is written as a dependent claim of claim 16, which is a dependent claim of claim 10, which is a dependent claim of claim 1. Looking at dependent claim 5, which is dependent of claim 1, it states the limitation, “further comprising applying the filter using the similarity metric by using a depth-wise filter.” Which is the same or similar to claim 19 which states, “further comprising applying the filter with the similarity metric by using a depth-wise filter operation.”. Therefore claim 19 fails to further limit the claim which it depends on because it is claiming the same or similar limitation which has been previously claimed. For examination purposes, claim 19 will be interpreted to be a dependent claim of claim 17. Appropriate actions are required.
Regarding claim 20, this claim is written as a dependent claim of claim 16, which is a dependent claim of claim 10, which is a dependent claim of claim 1. Looking at dependent claim 6, which is dependent of claim 1, it states the limitation, “further comprising applying the filter using the similarity metric in a pointwise (1x1) filter.” Which is the same or similar to claim 20 which states, “further comprising applying the filter with the similarity metric in pointwise (1x1) filter operation.”. Therefore claim 20 fails to further limit the claim which it depends on because it is claiming the same or similar limitation which has been previously claimed. For examination purposes, claim 20 will be interpreted to be a dependent claim of claim 17. Appropriate actions are required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C 101 because the claimed invention is
directed to an abstract idea without significantly more. The analysis of the claims will
follow the 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50
(“2019 PEG”).
Claim 1
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
Claim 1, recites “A method, comprising:” therefore it is directed to the statutory category of a process.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites, inter alia:
“applying a convolutional layer having a filter and operator to the input feature map to form an output feature map, wherein the operator includes a similarity metric that provides a similarity output between a filter tensor from the filter and a feature tensor from the input feature map;” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
“flattening the output feature map; and” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
“defining an output for the output feature map using a fully connected output layer.” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
The claim recites the additional elements, “receiving an input feature map to an input layer of a convolutional style neural network;” is an insignificant extra-solution activity required for any uses of the mental processes (see MPEP § 2106.05(g)) As such, the claim is ineligible.
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea. The additional elements, “receiving an input feature map to an input layer of a convolutional style neural network;” is an insignificant extra-solution activity required for any uses of abstract ideas (see MPEP § 2106.05(g)), and is a well-understood, routine, conventional activity (see MPEP § 2106.05(d)(i); “Receiving or transmitting data over a network, e.g., using the Internet to gather data”.
Taken alone or in combination, the additional elements of the claim do not provide an inventive concept and thus the claim is subject-matter ineligible.
Claim 2
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
A process, as above.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites, inter alia:
“wherein the similarity metric determines a distance metric between the filter tensor from the filter and the feature tensor from the input feature map.” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
This claim does not recite any additional limitations which integrate the abstract idea into a practical application.
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea and thus the claim is subject-matter ineligible.
Claim 3
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
A process, as above.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites the abstract ideas of the preceding claims from which it depends.
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
The claim recites the additional elements, “wherein the similarity metric includes at least one of: a L-2 norm of the feature tensor of the input feature map and the filter tensor, a modulo squared of the feature tensor and filter tensor that determines a distance metric between the feature tensor and the filter tensor defined between [-1, +1], a Cosine similarity, or a similarity metric computable between n-dimensional tensors.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea. The additional elements, “wherein the similarity metric includes at least one of: a L-2 norm of the feature tensor of the input feature map and the filter tensor, a modulo squared of the feature tensor and filter tensor that determines a distance metric between the feature tensor and the filter tensor defined between [-1, +1], a Cosine similarity, or a similarity metric computable between n-dimensional tensors.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Taken alone or in combination, the additional elements of the claim do not provide an inventive concept and thus the claim is subject-matter ineligible.
Claim 4
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
A process, as above.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites the abstract ideas of the preceding claims from which it depends.
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
The claim recites the additional elements, “wherein the input feature map represents an image.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea. The additional elements, “wherein the input feature map represents an image.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Taken alone or in combination, the additional elements of the claim do not provide an inventive concept and thus the claim is subject-matter ineligible.
Claim 5
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
A process, as above.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites the abstract ideas of the preceding claims from which it depends.
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
The claim recites the additional elements, “further comprising applying the filter using the similarity metric by using a depth-wise filter.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea. The additional elements, “further comprising applying the filter using the similarity metric by using a depth-wise filter.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Taken alone or in combination, the additional elements of the claim do not provide an inventive concept and thus the claim is subject-matter ineligible.
Claim 6
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
A process, as above.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites the abstract ideas of the preceding claims from which it depends.
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
The claim recites the additional elements, “further comprising applying the filter using the similarity metric in a pointwise (1x1) filter.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea. The additional elements, “further comprising applying the filter using the similarity metric in a pointwise (1x1) filter.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Taken alone or in combination, the additional elements of the claim do not provide an inventive concept and thus the claim is subject-matter ineligible.
Claim 7
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
A process, as above.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites the abstract ideas of the preceding claims from which it depends.
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
The claim recites the additional elements, “further comprising applying a batch normalization after the convolution layer.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea. The additional elements, “further comprising applying a batch normalization after the convolution layer.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Taken alone or in combination, the additional elements of the claim do not provide an inventive concept and thus the claim is subject-matter ineligible.
Claim 8
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
A process, as above.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites the abstract ideas of the preceding claims from which it depends.
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
The claim recites the additional elements, “wherein the similarity metric produces output which approximates an activation function.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea. The additional elements, “wherein the similarity metric produces output which approximates an activation function.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Taken alone or in combination, the additional elements of the claim do not provide an inventive concept and thus the claim is subject-matter ineligible.
Claim 9
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
A process, as above.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites the abstract ideas of the preceding claims from which it depends.
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
The claim recites the additional elements, “wherein the output feature map is three dimensional.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea. The additional elements, “wherein the output feature map is three dimensional.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Taken alone or in combination, the additional elements of the claim do not provide an inventive concept and thus the claim is subject-matter ineligible.
Claim 10
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
A process, as above.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites the abstract ideas of the preceding claims from which it depends.
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
The claim recites the additional elements, “wherein flattening the output feature map further comprises applying global average pooling to the output feature map.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea. The additional elements, “wherein flattening the output feature map further comprises applying global average pooling to the output feature map.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Taken alone or in combination, the additional elements of the claim do not provide an inventive concept and thus the claim is subject-matter ineligible.
Claim 11
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
Claim 11, recites “A system for classification using a convolutional style neural network, comprising: at least one processor; at least one memory device including a data store to store a plurality of data and instructions that, when executed, cause the system and processor to:” therefore it is directed to the statutory category of a machine.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites, inter alia:
“applying a convolutional layer having a filter and operator to the input feature map to form an output feature map, wherein the operator includes a similarity metric that provides a similarity output between a filter tensor from the filter and a feature tensor from the input feature map;” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
“applying global average pooling to the output feature map; and” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
“defining a classification of the output feature map using a fully connected output layer or defining an output of a regression operation.” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
The claim recites the additional elements, “receiving an input feature map to an input layer of the convolutional style neural network;” is an insignificant extra-solution activity required for any uses of the mental processes (see MPEP § 2106.05(g)) As such, the claim is ineligible.
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea. The additional elements, “receiving an input feature map to an input layer of the convolutional style neural network;” is an insignificant extra-solution activity required for any uses of abstract ideas (see MPEP § 2106.05(g)), and is a well-understood, routine, conventional activity (see MPEP § 2106.05(d)(i); “Receiving or transmitting data over a network, e.g., using the Internet to gather data”.
Taken alone or in combination, the additional elements of the claim do not provide an inventive concept and thus the claim is subject-matter ineligible.
Claim 12
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
A machine, as above.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites the abstract ideas of the preceding claims from which it depends.
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
The claim recites the additional elements, “wherein the similarity metric includes at least one of: a L-2 norm of the feature tensor of the input feature map and the filter tensor, a modulo squared of the feature tensor and filter tensor that determines a distance metric between the feature tensor and the filter tensor defined between 1-, +1], a Cosine similarity, or a similarity metric computable between n-dimensional tensors.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea. The additional elements, “wherein the similarity metric includes at least one of: a L-2 norm of the feature tensor of the input feature map and the filter tensor, a modulo squared of the feature tensor and filter tensor that determines a distance metric between the feature tensor and the filter tensor defined between 1-, +1], a Cosine similarity, or a similarity metric computable between n-dimensional tensors.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Taken alone or in combination, the additional elements of the claim do not provide an inventive concept and thus the claim is subject-matter ineligible.
Claim 13
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
A machine, as above.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites the abstract ideas of the preceding claims from which it depends.
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
The claim recites the additional elements, “wherein the input feature map represents an image.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea. The additional elements, “wherein the input feature map represents an image.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Taken alone or in combination, the additional elements of the claim do not provide an inventive concept and thus the claim is subject-matter ineligible.
Claim 14
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
A machine, as above.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites the abstract ideas of the preceding claims from which it depends.
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
The claim recites the additional elements, “further comprising applying the convolution layer with the similarity metric by using a depth-wise filter mode.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea. The additional elements, “further comprising applying the convolution layer with the similarity metric by using a depth-wise filter mode.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Taken alone or in combination, the additional elements of the claim do not provide an inventive concept and thus the claim is subject-matter ineligible.
Claim 15
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
A machine, as above.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites the abstract ideas of the preceding claims from which it depends.
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
The claim recites the additional elements, “further comprising applying the convolution layer with the similarity metric in pointwise (1x1) filter operation.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea. The additional elements, “further comprising applying the convolution layer with the similarity metric in pointwise (1x1) filter operation.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Taken alone or in combination, the additional elements of the claim do not provide an inventive concept and thus the claim is subject-matter ineligible.
Claim 16
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
A machine, as above.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites the abstract ideas of the preceding claims from which it depends.
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
The claim recites the additional elements, “further comprising applying the convolution layer with the similarity metric using a depth-wise separable filter mode.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea. The additional elements, “further comprising applying the convolution layer with the similarity metric using a depth-wise separable filter mode.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea and thus the claim is subject-matter ineligible.
Claim 17
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
Claim 17, recites “A non-transitory machine readable storage medium including instructions embodied thereon for classification using a convolutional style neural network, wherein the instructions, when executed by at least one processor:” therefore it is directed to the statutory category of a machine.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites, inter alia:
“applying a convolutional layer having a filter and operator to the input feature map to form an output feature map, wherein the operator includes a similarity metric that provides a similarity output between a filter tensor from the filter and a feature tensor from the input feature map;” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
“applying global average pooling to the output feature map; and” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
“indicating a classification of the output feature map using a fully connected output layer or defining an output of a regression operation.” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
The claim recites the additional elements, “receiving an input feature map to an input layer of the convolutional style neural network;” is an insignificant extra-solution activity required for any uses of the mental processes (see MPEP § 2106.05(g)) As such, the claim is ineligible.
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea. The additional elements, “receiving an input feature map to an input layer of the convolutional style neural network;” is an insignificant extra-solution activity required for any uses of abstract ideas (see MPEP § 2106.05(g)), and is a well-understood, routine, conventional activity (see MPEP § 2106.05(d)(i); “Receiving or transmitting data over a network, e.g., using the Internet to gather data”.
Taken alone or in combination, the additional elements of the claim do not provide an inventive concept and thus the claim is subject-matter ineligible.
Claim 18
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
A machine, as above.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites the abstract ideas of the preceding claims from which it depends.
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
The claim recites the additional elements, “wherein the similarity metric includes at least one of: a L-2 norm of the feature tensor of the input feature map and the filter tensor, a modulo squared of the feature tensor and filter tensor that determines a distance metric between the feature tensor and the filter tensor defined between [-1, +1], or a Cosine similarity.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea. The additional elements, “wherein the similarity metric includes at least one of: a L-2 norm of the feature tensor of the input feature map and the filter tensor, a modulo squared of the feature tensor and filter tensor that determines a distance metric between the feature tensor and the filter tensor defined between [-1, +1], or a Cosine similarity.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Taken alone or in combination, the additional elements of the claim do not provide an inventive concept and thus the claim is subject-matter ineligible.
Claim 19
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
A machine, as above.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites the abstract ideas of the preceding claims from which it depends.
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
The claim recites the additional elements, “further comprising applying the filter with the similarity metric by using a depth-wise filter operation.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea. The additional elements, “further comprising applying the filter with the similarity metric by using a depth-wise filter operation.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Taken alone or in combination, the additional elements of the claim do not provide an inventive concept and thus the claim is subject-matter ineligible.
Claim 20
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
A machine, as above.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites the abstract ideas of the preceding claims from which it depends.
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
The claim recites the additional elements, “further comprising applying the filter with the similarity metric in pointwise (1x1) filter operation.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea. The additional elements, “further comprising applying the filter with the similarity metric in pointwise (1x1) filter operation.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Taken alone or in combination, the additional elements of the claim do not provide an inventive concept and thus the claim is subject-matter ineligible.
Claim Rejections - 35 USC § 103
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Mai et al. (Mai et al., “Small-Scale Depthwise Separable Convolutional Neural Networks for Bacteria Classification”, 2021, hereinafter “Mai”) in view of Luo et al. (Luo et al., “Cosine Normalization: Using Cosine Similarity Instead of Dot Product in Neural Networks”, 2018, hereinafter “Luo”).
Regarding claim 1, Mai discloses, “A method, comprising:” (Introduction, pp. 2; “The proposed method consists of two crucial sta