Prosecution Insights
Last updated: October 27, 2026
Application No. 18/159,759

DATA PROCESSING DEVICE, DATA PROCESSING SYSTEM, AND DATA PROCESSING METHOD

Final Rejection §112
Filed
Jan 26, 2023
Priority
Apr 19, 2022 — JP 2022-068632
Examiner
CHEN, ALAN S
Art Unit
2125
Tech Center
2100 — Computer Architecture & Software
Assignee
Kabushiki Kaisha Toshiba
OA Round
2 (Final)
91%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allowance Rate
1049 granted / 1154 resolved
+35.9% vs TC avg
Moderate +6% lift
Without
With
+6.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
32 currently pending
Career history
1191
Total Applications
across all art units

Statute-Specific Performance

§101
13.0%
-27.0% vs TC avg
§103
22.1%
-17.9% vs TC avg
§102
36.7%
-3.3% vs TC avg
§112
20.8%
-19.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1154 resolved cases

Office Action

§112
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 Response to Arguments The objections to the specification are withdrawn in view of the amendment filed on 8/20/2026. The claim objections to claims 4 and 17 are withdrawn in view of the amendment filed on 8/20/2026. The claim objections to claim 6 are only partially corrected, with the objections to "components of the fourth regression matrix data includes" and "components of the fifth regression matrix data includes" not corrected, hence those objections are maintained. Applicant’s arguments in view of the claim amendments filed on 8/20/2026, with respect to the 35 U.S.C. § 112 rejections have been fully considered and are persuasive. The 35 U.S.C. § 112 rejections have been withdrawn. Applicant’s arguments in view of the claim amendments filed on 8/20/2026, with respect to the prior art rejection have been fully considered and are persuasive. The 35 U.S.C. §103 rejections have been withdrawn. Claim Objections Claim 6 is objected to because it recites "components of the fourth matrix data includes…" and "components of the fifth matrix data includes…", each of which should use "include" rather than "includes". Appropriate correction is required. Claim Interpretation The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. This application includes one or more claim limitations that do not use the word "means," but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: "an acquisitor ... the acquisitor being configured to acquire first acquired data in a first operation" in Claim 1. "the acquisitor is configured to acquire a second acquired data in the second operation" in Claim 6. "one or a plurality of acquisitors ... the one or plurality of acquisitors being configured to acquire a first acquired data in a first operation" in Claim 17. The term "acquisitor" appears to be a non-standard term that is not recognized by a person having ordinary skill in the art as denoting a particular definite structure. It serves as a generic placeholder coupled with functional language ("configured to acquire") without reciting sufficient structure to perform the data acquisition function. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof. The specification on pg. 4, first paragraph, identifies the acquisitor as an interface for input and output. Accordingly, the term "acquisitor" is construed to cover an interface for input and output as described in the specification, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 17 and 18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 17 recites the amended limitation "the processor is configured to further derive a first regression label…". There is insufficient antecedent basis for this limitation in the claim as claim 17 only introduces “one or a plurality of processors”. To expedite prosecution, Examiner interprets “the processor” to refer to the “one or a plurality of processors”. Claim 17 further recites the amended limitation “the first acquired data, the first other acquired data, and the second acquired data include characteristics”. There is insufficient antecedent basis for this limitation in the claim as claim 17 only introduces "a first other data" not “a first other acquire data”. To expedite prosecution, Examiner interprets “the first other acquired” to refer to the “first other data”. Claim 18 is rejected as being dependent upon a rejected base claim. Allowable Subject Matter Claims 1-3, 5-13, 15, 16 and 19 are allowed. Claims 17 and 18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112 set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. The following is the statement of reasons for the indication of allowable subject matter: In addition to Applicant’s Remarks, closest prior art(s) found when taken individually or in combination do not expressly teach or render obvious the limitations recited in independent claims 1, 17, and 19 when taken in the context of the claims as a whole. The most pertinent prior art(s) of record uncovered, specifically, Frustratingly Easy Domain Adaptation to Daumé discloses: We describe an approach to domain adaptation that is appropriate exactly in the case when one has enough "target" data to do slightly better than just using only "source" data. Our approach is incredibly simple, easy to implement as a preprocessing step (10 lines of Perl!) and outperforms state-of-the-art approaches on a range of datasets. Moreover, it is trivially extended to a multi-domain adaptation problem, where one has data from a variety of different domains (Abstract); and US 2012/0303562 A1 to Paguio discloses: A method for predicting and optimizing magnetic core width of a write head using neural networks to analyze manufacturing parameters, and determining new manufacturing parameters that will provide more optimal magnetic core width results. The manufacturing parameters can include: write pole flare point; wrap around shield dimension; and side gap dimension (Abstract). Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ALAN CHEN whose telephone number is (571)272-4143. The examiner can normally be reached M-F 10-7. 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, Kamran Afshar can be reached at (571) 272-7796. 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. /ALAN CHEN/Primary Examiner, Art Unit 2125
Read full office action

Prosecution Timeline

Jan 26, 2023
Application Filed
Apr 27, 2026
Non-Final Rejection mailed — §112
Jul 15, 2026
Applicant Interview (Telephonic)
Jul 15, 2026
Examiner Interview Summary
Aug 20, 2026
Response Filed
Oct 08, 2026
Final Rejection mailed — §112 (current)

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

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Prosecution Projections

3-4
Expected OA Rounds
91%
Grant Probability
97%
With Interview (+6.5%)
2y 9m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1154 resolved cases by this examiner. Grant probability derived from career allowance rate.

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