Prosecution Insights
Last updated: October 02, 2026
Application No. 18/161,216

PERFORMING COMPARISON OPERATIONS UNDER HOMOMORPHIC ENCRYPTION

Non-Final OA §103
Filed
Jan 30, 2023
Examiner
YAARY, MICHAEL D
Art Unit
Tech Center
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
888 granted / 1018 resolved
+27.2% vs TC avg
Moderate +8% lift
Without
With
+8.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
16 currently pending
Career history
1027
Total Applications
across all art units

Statute-Specific Performance

§101
24.8%
-15.2% vs TC avg
§103
35.6%
-4.4% vs TC avg
§102
19.8%
-20.2% vs TC avg
§112
8.7%
-31.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1018 resolved cases

Office Action

§103
DETAILED ACTION 1. Claims 1-20 are pending in the application. Notice of Pre-AIA or AIA Status 2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Rejections - 35 USC § 103 3. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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. 4. Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tan et al (hereafter Tan)(US Pub. 20240171374) in view of Ruehle (US Pat. 6748412). Ruehle was cited in the IDS filed 0`/30/2023 5. As to claim 1, Tan discloses a system (abstract), comprising a processor to: receive a circuit with a plurality of Boolean variables to be simulated over real numbers ([0024] Boolean circuit with logic gates); encode the circuit using a negation-based encoding ([0024] negation functions); execute AND operations in the encoded circuit by summing negated variables ([0032] and [0036]); reduce positive integers in results of the summed negated variables to a value of one ([0104] integers); and negate the results with reduced positive integers to generate decoded results of the AND operations ([0085] and [0086] decoding). 6. Tan does not disclose detecting a chain of AND operations in the circuit. However, Ruehle discloses disclose detecting a chain of AND operations in the circuit (fig. 4 chain of AND flip flops). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the teachings of Tan by incorporating the chain of AND operations, as in Ruehle, for the benefit of more efficient operation (Ruehle, column 9, lines 21-65). 7. As to claims 2, 9, and 16, the combination of Tan and Ruehle discloses the circuit is encoded using a fuzzy AND gate (Ruehle, fig. 4). 8. As to claims 3, 10, and 17 the combination of Tan and Ruehle discloses wherein the positive integers in the results are reduced using a compare method (Tan, [0104]-[0107]). 9. As to claims 4, 12, and 18, the combination of Tan and Ruehle discloses wherein the positive integers in the results are reduced using an equality operator (Tan [0106]). 10. As to claims 5, 13, and 19, the combination of Tan and Ruehle discloses wherein the processor is to analyze the circuit and identify a structure of ANDing the plurality of Boolean variables (Tan, [0024]). 11. As to claims 6, 14, and 20, the combination of Tan and Ruehle discloses wherein summing the negative variables uses only addition operations (Tan ([0032] and [0036]). 12. As to claims 7 and 11, the combination of Tan and Ruehle discloses wherein the AND operations are executed under homomorphic encryption (abstract homomorphic encryption). 13. As to claims 8 and 15, the claims are rejected for similar reasons as claim 1 above. Conclusion 14. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Pub. 20200213079 – related to systems and methods for configuring a reduced instruction set computer processor architecture to execute fully homomorphic encryption (FHE) logic gates as a streaming topology. The method includes parsing sequential FHE logic gate code, transforming the FHE logic gate code into a set of code modules that each have in input and an output that is a function of the input and which do not pass control to other functions, creating a node wrapper around each code module, configuring at least one of the primary processing cores to implement the logic element equivalents of each element in a manner which operates in a streaming mode wherein data streams out of corresponding arithmetic logic units into the main memory and other ones of the plurality arithmetic logic units. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL D YAARY whose telephone number is (571)270-1249. The examiner can normally be reached Mon-Fri 9-5:30. 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, James Trujillo can be reached at (571)272-3677. 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. /MICHAEL D. YAARY/Primary Examiner, Art Unit 2151
Read full office action

Prosecution Timeline

Jan 30, 2023
Application Filed
Sep 15, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12748570
ELECTROMECHANICAL APPARATUS, SYSTEM, AND METHOD FOR GENERATING TRUE RANDOM NUMBERS
4y 2m to grant Granted Sep 29, 2026
Patent 12730856
DEVICE AND METHOD FOR PARALLELIZING ANALOG IN-MEMORY COMPUTING BASED ON FREQUENCY DIVISION MULTIPLEXING
3y 9m to grant Granted Sep 08, 2026
Patent 12731019
ASYNCHRONOUS ACCUMULATOR USING LOGARITHMIC-BASED ARITHMETIC
2y 3m to grant Granted Sep 08, 2026
Patent 12725066
COMPUTATION IN MEMORY FOR ANNEAL PROCESSING USING BITWISE CAPACITIVE COUPLING
4y 1m to grant Granted Sep 01, 2026
Patent 12724587
PARALLEL FINITE FIELD MULTIPLICATION DEVICE
3y 11m to grant Granted Sep 01, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
87%
Grant Probability
95%
With Interview (+8.1%)
3y 1m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1018 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month