Prosecution Insights
Last updated: July 17, 2026
Application No. 18/092,190

DEEP LEARNING TEXT GENERATION FOR UPGRADING MACHINE LEARNING SYSTEMS

Non-Final OA §102
Filed
Dec 30, 2022
Examiner
HICKS, AUSTIN JAMES
Art Unit
2142
Tech Center
2100 — Computer Architecture & Software
Assignee
International Business Machines Corporation
OA Round
2 (Non-Final)
75%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
310 granted / 413 resolved
+20.1% vs TC avg
Strong +25% interview lift
Without
With
+25.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
54 currently pending
Career history
467
Total Applications
across all art units

Statute-Specific Performance

§101
3.9%
-36.1% vs TC avg
§103
82.7%
+42.7% vs TC avg
§102
9.0%
-31.0% vs TC avg
§112
3.8%
-36.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 413 resolved cases

Office Action

§102
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 Arguments Applicant’s arguments with respect to claims 1, 3-8, 10-15 and 17-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Claim Rejections - 35 USC § 102 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. Claims 1, 3-8, 10-15 and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being described by Style Transfer as Data Augmentation: A Case Study on Named Entity Recognition by Chen et al. Chen teaches claims 1, 8 and 15. A method, the method comprising: performing, using a prompt encoder, prompt learning on an input data set to generate a revised text pattern; (Chen sec. 4.1 “Figure 2, given a sentence x = {x1,x2,...,xN} of length N concatenated with a task prefix that specifies the source and target styles of transfer, the generator Gθ encodes it into a sequence of latent representations z… and then decodes these representations into its paraphrase ˆy… of length M which has the same meaning as x but a different style.” Is the input data set, paraphrase y is the revised text pattern.) processing, using a text generative adversarial network, the revised text pattern based on an existing data set to generate a fused data set, wherein the performing and processing operations further comprise preserving an original meaning of the input data set while utilizing a style of the existing data set, and wherein the style corresponds to a data distribution and representation format of the existing data set; and (Chen sec. 4 p. 1829 “We propose an adversarial learning framework to generate a paraphrase of the source data in a high resource domain whose style conforms to the target data in a low-resource domain.” Chen fig. 2 shows the generative adversarial with generator a and discriminator b. Chen fig. 1 “For each sample from the source domain, we transfer it to the target domain by changing its style-related attributes as synthetic data, and then use it to train NER models.” Data distribution and representation format are not terms of art, and they are not defined in the specification. For purposes of examination, representation format will be length of the sentence, taught by Chen sec. 3.1 “length M”. The probability distribution in sec. 4.1 makes it so the style corresponds to a data distribution of the existing data set.) updating a machine learning system with the fused data set. (Chen fig. 1 “For each sample from the source domain, we transfer it to the target domain by changing its style-related attributes as synthetic data, and then use it to train NER models.” The fused data set includes paraphrases P of the source data Dsrc, and some number of samples from the target data Dtgt, Chen sec. 5.1 e.g. “We randomly select samples from Dtgt and ensure that each entity class contains K ∼ 2K examples.”) Chen teaches claims 3, 10 and 17. The method of claim 1, wherein the performance of the prompt learning matches the input data set with the existing data set using a user-defined or auto-generated template. (Chen sec. 3 “Given an input sequence x = {x1,x2,...,xN} of length N… ˆy = {ˆy1, ˆy2,..., ˆyM} is the generated sentence of length M that has the same meaning as x but a different style… we also prepend task prefixes to the beginning of the sentences to guide the direction of style transfer, where a prefix is a sequence of words for task de scription specifying the source and target styles of transfer (e.g., “transfer source to target: ").” A prefix is a user-defined or auto-generated template.) Chen teaches claims 4, 11 and 18. The method of claim 1, wherein the updating operation further comprises obtaining corresponding meanings of new words of the input data set based on the fused data set. (Chen fig. 1 “For each sample from the source domain, we transfer it to the target domain by changing its style-related attributes as synthetic data, and then use it to train NER models.” The trained NER model then takes new words from the source and puts their meaning in the target based on the fused data set. The meaning is part of the updating because the style transfer, throughout Chen, relies on the output sentence having “the same meaning as x but a different style.” Chen sec. 3.) Chen teaches claims 5, 12 and 19. The method of claim 1, wherein the processing the revised text pattern further comprises fine-tuning the revised text pattern to generate the fused data set. (Chen sec. 5.2 “Using Same Amount of Pseudo Data Here, we randomly select 1K, 2K, 3K, and 4K samples generated by each method as the training data to fine-tune the model. The baseline is established by fine-tuning the model on the same amount of data from the source domain.”) Chen teaches claims 6, 13 and 20. The method of claim 1, further comprising constructing the prompt encoder and configuring the prompt encoder to construct the revised text pattern according to new words in the input data set, (Chen fig. 2 “GEθ and GDθ refer to the encoder and decoder of the generator Gθ…”) the revised text pattern enabling a pre-trained language model to ascertain a specific meaning of the new words. (Chen sec. 3 “to provide supervision signals for style transfer and a pre-trained generative model Gθ based on an encoder-decoder… architecture…. the generated sentence of length M that has the same meaning as x but a different style.”) Chen teaches claims 7 and 14. The method of claim 1, wherein the performing, processing, and updating steps are carried out without feature engineering by a human expert. (Chen does not mention feature engineering, so this claim element is taught.) Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Austin Hicks whose telephone number is (571)270-3377. The examiner can normally be reached Monday - Thursday 8-4 PST. 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 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. /AUSTIN HICKS/Primary Examiner, Art Unit 2142
Read full office action

Prosecution Timeline

Dec 30, 2022
Application Filed
Jan 07, 2026
Non-Final Rejection mailed — §102
Mar 12, 2026
Interview Requested
Mar 19, 2026
Examiner Interview Summary
Apr 07, 2026
Response Filed
Apr 23, 2026
Final Rejection mailed — §102
Jun 03, 2026
Interview Requested
Jun 23, 2026
Response after Non-Final Action

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

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Prosecution Projections

2-3
Expected OA Rounds
75%
Grant Probability
99%
With Interview (+25.2%)
3y 2m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 413 resolved cases by this examiner. Grant probability derived from career allowance rate.

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