Prosecution Insights
Last updated: April 19, 2026
Application No. 18/154,652

CONVERTING 3D FACE LANDMARKS

Non-Final OA §101
Filed
Jan 13, 2023
Examiner
LIN, JESSICA YIFANG
Art Unit
2668
Tech Center
2600 — Communications
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
2y 3m
To Grant
99%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allow Rate
3 granted / 4 resolved
+13.0% vs TC avg
Strong +33% interview lift
Without
With
+33.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
29 currently pending
Career history
33
Total Applications
across all art units

Statute-Specific Performance

§101
7.9%
-32.1% vs TC avg
§103
53.5%
+13.5% vs TC avg
§102
32.7%
-7.3% vs TC avg
§112
4.0%
-36.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 4 resolved cases

Office Action

§101
CTNF 18/154,652 CTNF 101541 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. Information Disclosure Statement The information disclosure statement (IDS) submitted on January 13, 2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 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 core abstract idea is a mathematical concept. In regarding claims 1-20: Step 1 -Statutory Category: Claims 1-10 recite a process. YES . Step 2A, Prong 1 - Judicial Exception: The independent claim 1 recites: Accessing historical/current 3D face landmarks - data retrieval (extra-solution activity) "Generating blended 3D face landmarks based on differences" – mathematical calculation/concept Rendering a third face model based on blended landmarks – applying a mathematical calculation to produce an output Displaying the third face model – outputting data The core abstract idea is a mathematical concept. Specifically, calculating blended facial landmark coordinates as a weighted/conditioned function of historical and current landmark data, implemented via a diffusion-based transformer model. This parallels the mathematical relationship manipulation found in USPTO Examples 47 & 48 and Recentive Analytics v. Fox Corp. (Fed. Cir. 2025), where applying ML to new data domains does not confer eligibility. Step 2A, Prong 2 - Practical Application: "Virtual environment"/ AR/VR glasses – Field-of-use limitation; does not integrate exception into practical application per MPEP 2106.05(h) "Rendering a third face model" – Rendering is the direct result of the mathematical calculation – output of the abstract idea itself, not a separate technical improvement "Displaying on an avatar" – Displaying a result is insignificant post-solution activity Historical records interaction – Generic data store -WURC Transformer encoder/decoder – Generic ML architecture applied to new data domain Step 2A, Prong 2: NO The claim does not integrate the mathematical concept into a practical application that improves a specific technology. The virtual environment is a field of use limitation; rendering/displaying are post-solution outputs. The specification states the improvement as solving a social/recognition problem in the metaverse. The technical implementation (diffusion model + iterative landmark replacement) is not a claimed improvement to computer functioning. It is the application of mathematical operations to face landmark data in a virtual environment. The improvement is to the user experience (recognition), not to computer technology itself. Recentive Analytics – applying ML/statistical methods to a new domain does not confer eligibility. The iterative random symmetric landmark replacement (claims 4-7) is also an algorithmic process. It applies a mathematical operation on indexed data arrays. Step 2B- Inventive Concept: Historical interaction records: generic data store -WURC Transformer encoder-decoder with Gaussian noise/diffusion: generic ML architecture -WURC per Recentive Analytics AR/VR glasses: generic hardware -WURC No combination of elements amounts to significantly more. Step 2B: NO Claim-by-Claim Results: Claims Result Basis 1, 11, 16 Ineligible Mathematical concept (blended landmark generation); no practical application 2, 12, 17 Ineligible "facial characteristics enabling recognition" is result, not technical improvement 3, 17 Ineligible Storing landmarks in generic data store – WURC 4, 14, 19 Ineligible Mismatched landmark set identification – mathematical comparison 5, 15, 20 Ineligible Mismatched landmark set identification – mathematical comparison 6 Ineligible Repeating process at intervals – timing limitation 7 Ineligible Sequential facial characteristic change – describes result of abstract process 8 Ineligible Empty set check, switch to Face 2 – mathematical condition 9 Ineligible Ratio calculation – mathematical concept 10 Ineligible Inheriting rendering info based on ratio – applying mathematical result Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Oz et. al. (United States Patent Application Publication US 2021/0358227 A1) is relevant to the claimed invention in that it discloses a method for updating current three-dimensional (3D) model of a person in a virtual environment that is a video conference and utilizes convolutional neural networks to create a 3D model from the 2D images. Furthermore, Oz et. al. discloses that based on time points of the call between users, new information may be used to update the 3D model and texture maps generated to create a merged version. Hu et. al. (United States Patent Application Publication US 2018/0253593 A1) is relevant to the claimed invention in that it discloses a virtual reality-based apparatus and method to generate 3D human face models that are subsequently used with a face modeler to generate a 3D face from a combination of plurality of blend shapes. Furthermore, Hu et. al. discloses that the virtual-reality based device may present a second 3D face model, such as a second 3D face model, of a first human to a second human that mimics the face of the first human in a plurality of arbitrary facial expressions in real time . Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA YIFANG LIN whose telephone number is (571)272-6435. The examiner can normally be reached M-F 7:00am-6:15pm, with optional day off. 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, Vu Le can be reached at 571-272-7332. 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. /JESSICA YIFANG LIN/Examiner, Art Unit 2668 February 25, 2026 /VU LE/Supervisory Patent Examiner, Art Unit 2668 Application/Control Number: 18/154,652 Page 2 Art Unit: 2668 Application/Control Number: 18/154,652 Page 3 Art Unit: 2668 Application/Control Number: 18/154,652 Page 4 Art Unit: 2668 Application/Control Number: 18/154,652 Page 5 Art Unit: 2668 Application/Control Number: 18/154,652 Page 6 Art Unit: 2668
Read full office action

Prosecution Timeline

Jan 13, 2023
Application Filed
Nov 20, 2023
Response after Non-Final Action
Feb 25, 2026
Non-Final Rejection — §101 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12597139
CONTROLLING AN ALERT SIGNAL FOR SPECTRAL COMPUTED TOMOGRAPHY IMAGING
2y 5m to grant Granted Apr 07, 2026
Study what changed to get past this examiner. Based on 1 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
75%
Grant Probability
99%
With Interview (+33.3%)
2y 3m
Median Time to Grant
Low
PTA Risk
Based on 4 resolved cases by this examiner. Grant probability derived from career allow rate.

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