Prosecution Insights
Last updated: July 17, 2026
Application No. 18/149,687

DATA PROCESSING APPARATUS, STORAGE MEDIUM, AND DATA PROCESSING METHOD

Non-Final OA §102
Filed
Jan 04, 2023
Priority
Mar 31, 2022 — JP 2022-058462
Examiner
JOHNSON, CEDRIC D
Art Unit
2186
Tech Center
2100 — Computer Architecture & Software
Assignee
Fujitsu Limited
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
537 granted / 655 resolved
+27.0% vs TC avg
Strong +23% interview lift
Without
With
+22.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
18 currently pending
Career history
678
Total Applications
across all art units

Statute-Specific Performance

§101
14.9%
-25.1% vs TC avg
§103
72.9%
+32.9% vs TC avg
§102
4.6%
-35.4% vs TC avg
§112
7.6%
-32.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 655 resolved cases

Office Action

§102
CTNF 18/149,687 CTNF 87342 DETAILED ACTION This Office Action is a first Office Action on the merits of the application. Claims 1 - 15 are presented for examination. Claims 1 - 15 are rejected. Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Drawings Objection 06-22-07 AIA The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: Element S25 in FIG. 4 is not disclosed in the specification . Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 1 - 15 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Tamura et al (EP 3757908 A1) , hereinafter “Tamura” . As per claim 1, Tamura discloses : a data processing apparatus comprising: one or more memories (Tamura, par [0181] discloses an information processing device including a form of memory.) and one or more processors coupled to the one or more memories and the one or more processors configured to (Tamura, par [0182] discloses a CPU executing programs stored in memory of the information processing device.) search for a combination of values of a plurality of state variables that minimizes or maximizes a value of an Ising-type evaluation function that includes the plurality of state variables (Tamura, par [0016] discloses searching for state variable values for a minimum value for an energy function, with state variables corresponding to an Ising model.) store total energy that is a sum of values of a plurality of constraint terms and the value of the evaluation function, the values of the plurality of state variables, values of a plurality of auxiliary variables (Tamura, par [0009] discloses a total energy value changed based on adding a value regarding an inequality constraint violated, state variable values calculated, an amount associated with weight associated with state variables and inequality constraint.) a first weight value between each of the plurality of state variables (Tamura, par [0009] discloses a weigh value associated with state variables.) a second weight value between one of the plurality of state variables (Tamura, par [0009] discloses weight values setting values for state variables, and par [0053] adds a variable representing a weight value influencing the value of the state variable.) each of the plurality of auxiliary variables, a first local field, and a second local field in the one or more memories (Tamura, par [0025] discloses using a resister for storing value, including local field values and changed local field values based on changes in state variables, and par [0039] discloses the inequality constraints in par [0009] represented as inequality constraint variables.) the plurality of constraint terms including values that correspond to whether each of a plurality of constraint conditions is violated (Tamura, par [0037] discloses an excess amount obtained with violation occurs in an inequality constraint when a state variable is changed based on a threshold and inequality constraint.) plurality of auxiliary variables indicating whether each of the plurality of constraint conditions is violated (Tamura, par [0033] discloses a violation occurring regarding the inequality constraints regarding a change in total energy.) the first local field indicating a change amount of the total energy when a value of each of the plurality of state variables changes (Tamura, par [0009] discloses a calculation of total energy change value based on energy change values for a plurality of state variables, and par [0024] adds a change in the local field based on change in state variables.) the second local field being a value proportional to a change amount of the total energy when a value of each of the plurality of auxiliary variables changes (Tamura, par [0033] discloses total energy change values based on energy values for state variables and inequality constraint, with par [0039] discloses the inequality constraints represented as inequality constraint variables.) The constraint variable is interpreted as a different variable than the state variable, or interpreted as an auxiliary variable. perform first processing that includes: determining whether to permit a change in a value of a first state variable among the plurality of state variables based on the first local field (Tamura, par [0090] - [0091] discloses a constraint identification sign with an index to correspond to a normal state variable or a constraint variable, to indicate no constraints, partial constraints (to upper or lower limits) or full constraints (for both upper and lower limits), and par [0054] provides the relationship between the state variable and constraint variable with regards to the local field, for when the value for the constraint variable or state variable is suppressed.) when the change in the value of the first state variable is permitted, updating the value of the first state variable (Tamura, par [0138] discloses a value for a state variable changed, which updates a local field and state.) updating the first local field based on the first weight value related to the first state variable, and updating the second local field based on the second weight value related to the first state variable (Tamura, par [0024] discloses a local field changed when a state variable is changed, shown in the form of a mathematical expression that includes a variable representing weigh, W ij , with the local field defined in par [0023] as a variable, interpreted as providing the local field to be a plurality of local field, for example, hi representing a local field, with i = 1,2,..n). perform second processing that includes: determining whether to permit a change in a value of a first auxiliary variable among the plurality of auxiliary variables based on the second local field (Tamura, par [0057] discloses an update to a local field value, which corresponds to a constraint variable and is also updated to a value associated with a state variable.) The constraint variable is interpreted as a different variable than the state variable, or interpreted as an auxiliary variable. when the change in the value of the first auxiliary variable is permitted, updating the value of the first auxiliary variable (Tamura, par [0090] - [0091] discloses a constraint identification sign with an index to correspond to a normal state variable or a constraint variable, to indicate no constraints, partial constraints (to upper or lower limits) or full constraints (for both upper and lower limits), and par [0054] provides the relationship between the state variable and constraint variable, for when the value for the constraint variable or state variable is suppressed.) updating the first local field based on the second weight value related to the first auxiliary variable ( Tamura, par [0133] discloses an initial value for the local field regarding a weight and a designation value of the constraint variable, and par [0138] adds an update for the local field being updated and corresponding to other variables and associated with the constraint variable.) For claim 2 : The prior art of Tamura discloses claim 2: The data processing apparatus according to claim 1, wherein the one or more processors are further configured to: when a violation of a first constraint condition among the plurality of constraint conditions occurs due to the change in the value of the first state variable, permit the value of the first auxiliary variable that corresponds to the first constraint condition to be changed to a value that represents that there is a violation, and correct the total energy according to the permitting (Tamura, par [0033] - [0036] discloses a penalty corresponding to a violation regarding the inequality constraint for the energy change computed for the state variables, with a step (par [0034]) for providing an update to change a value of the state variables including changes to the value of the total energies, and a flag provided in a next step (par [0035]) to allow or deny a state transition corresponding to the change of the total energy due to the change in a state variable, and when the state change variable is not allowed (par [0036]), par [0102] - [0103] discloses an additional offset variable provided to the total energy (par [0099]) to provide the flag indicating the state transition is allowed.) For claim 3 : The prior art of Tamura discloses claim 3: The data processing apparatus according to claim 1, wherein the one or more processors are further configured to: when a violation of a first constraint condition among the plurality of constraint conditions is resolved due to the change in the value of the first state variable, permit the value of the first auxiliary variable that corresponds to the first constraint condition to be changed to a value that represents that there is no violation, and correct the total energy according to the permitting (Tamura, par [0033] - [0036] discloses a penalty corresponding to a violation regarding the inequality constraint for the energy change computed for the state variables, with a step (par [0034]) for providing an update to change a value of the state variables including changes to the value of the total energies, and a flag provided in a next step (par [0035]) to allow or deny a state transition corresponding to the change of the total energy due to the change in a state variable, and when the state change variable is allowed (par [0036], the state variable is updated.) In addition, par [0037] adds a variable representing changes in inequality constraints associated with inequality constraint threshold values being an upper limit value or a lower limit value. For claim 4 : The prior art of Tamura discloses claim 4: The data processing apparatus according to claim 1, wherein the one or more processors are further configured to repeat the performing the second processing a second number of times after the first processing is performed a first number of times (Tamura, par [0029] discloses repeatedly performing the changing of state variable values, to obtain a solution, with par [0032] adds changes in state variables computes a change in energy value, when the state variables are set as a next change candidate using state variable sand weight values.) For claim 5 : The prior art of Tamura discloses claim 5: The data processing apparatus according to claim 1, wherein the one or more processors are further configured to perform the second processing a number of times that corresponds to the number of the plurality of auxiliary variables each time the first processing that the change in the value of the first state variable is permitted (Tamura, par [0029] discloses repeatedly performing the changing of state variable values, to obtain a solution, with par [0033] adds the total energy change computed including the inequality constraint, with the change of the constraint associated with the state variable.) As per claims 6 - 10 and 11 - 15 , note the rejections of claims 1 - 5 above. The instant claims 6 - 10, and 11 - 15 recite substantially the same limitations as the above rejected claims 1 - 5 , and are therefore rejected under the same prior art teachings. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CEDRIC D JOHNSON whose telephone number is (571)270-7089. The examiner can normally be reached M-Th 4:30am - 2:00pm, F 4:30am - 11:30am. 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, Renee Chavez can be reached at 571-270-1104. 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. /Cedric Johnson/Primary Examiner, Art Unit 2186 May 30, 2026 Application/Control Number: 18/149,687 Page 2 Art Unit: 2186 Application/Control Number: 18/149,687 Page 3 Art Unit: 2186 Application/Control Number: 18/149,687 Page 4 Art Unit: 2186 Application/Control Number: 18/149,687 Page 5 Art Unit: 2186 Application/Control Number: 18/149,687 Page 6 Art Unit: 2186 Application/Control Number: 18/149,687 Page 7 Art Unit: 2186
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Prosecution Timeline

Jan 04, 2023
Application Filed
Jun 03, 2026
Non-Final Rejection mailed — §102 (current)

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Prosecution Projections

1-2
Expected OA Rounds
82%
Grant Probability
99%
With Interview (+22.8%)
3y 0m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 655 resolved cases by this examiner. Grant probability derived from career allowance rate.

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