DETAILED ACTION
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2/28/23 & 1/6/26 were filed after the mailing date of the application on 2/28/2023. The submission 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 § 112
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 limitations 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 limitations are:
a storage device configured to in claim 3.
a storage device configured to in claim 5.
a storage device configured to in claim 7.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid 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 limitations recites sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 101
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 claimed invention is directed to an abstract idea without significantly more.
Regarding claims 1 and 19-20,
Step 1 Analysis: Claims 1 and 19-20 are directed to a method, system and computer program, which falls within one of the four statutory categories.
Step 2A Prong 1 Analysis: Claims 1 and 19-20 recites,
The limitations of:
“calculating a latent vector in a latent space of the target data using a first model parameter concerning a first machine learning model of a training target” is a mental process which can be performed by the human mind. A human can do calculations.
“calculate a first non-interest latent vector in a latent space of a non-interest feature included in the target data and a second non-interest latent vector in the latent space of the non-interest data using a second model parameter concerning a second machine learning model of a training target” is a mental process which can be performed by the human mind. A human can do calculations.
“calculate a first similarity obtained by correcting a similarity between the latent vector and a first representative value of the latent vector by a similarity between the first non-interest latent vector and a second representative value of the first non-interest latent vector, and a second similarity between the second non-interest latent vector and a third representative value of the second non-interest latent vector” is a mental process which can be performed by the human mind. A human can do calculations.
“calculate a loss function including the first similarity and the second similarity” is a mental process which can be performed by the human mind. A human can do calculations.
These limitations, as drafted, are processes that, under broadest reasonable interpretation, covers the recitation of mathematical relationships which falls within the “Mathematical concepts” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Step 2A Prong 2 Analysis: Claims 1 and 19-20 recites the additional elements: “acquiring target data”, “acquiring non-interest data similar to a non-interest feature included in the target data” and “update the first model parameter and/or the second model parameter based on the loss function”. The limitation of “acquiring” and “updating” are an additional element and is insignificant extra-solution activity as retrieval/receiving of data (i.e. mere data gathering) such as 'obtaining information' as identified in MPEP 2106.05(g) and does not provide integration into a practical application. Processing circuit, a processor, and computer readable medium, note that these recited additional elements are a high-level recitation of generic computer components to perform the mental process and applied on a computer as in MPEP 2106.05(f), which does not provide integration into a practical application.
Step 2B Analysis: the conclusions for the additional elements representing mere implementation using a computer are carried over and do not provide significantly more. With respect to the "acquiring and updating” limitation is identified as insignificant extra-solution activity above when re-evaluated this element is well-understood, routine, and conventional as evidenced by the court cases in MPEP 2106.05(d)(II), "i. Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); … OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network);" and thus remains insignificant extra-solution activity that does not provide significantly more. Lastly the recitation of processing circuit, a processor, and computer readable medium are recitation of generic computer components to perform the mental process and applied on a computer as in MPEP 2106.05(f).
Therefore, the claims as a whole does not change this conclusion and the claims are ineligible.
Regarding claim 2, 4, 6, 8-10, 12, 14-18, the rejection of claim 1 is further incorporated, and further, the claim recites: vectors calculations and calculation of loss. This limitation amounts to more specifics of the judicial exception identified in the rejection of claim 1 above.
Claim 12, 14, include the additional elements of “clustering” and claim 15-18, includes the additional element of “display”. Clustering and display are an additional element and is insignificant extra-solution activity as retrieval/receiving of data (i.e. mere data gathering) such as 'obtaining information' as identified in MPEP 2106.05(g) and does not provide integration into a practical application. The claim is not patent eligible.
Claims 3, 5, 7, 11 and 13, recites “storage device configured to…” the recitation of storage device, is recitation of generic computer components to perform the mental process and applied on a computer as in MPEP 2106.05(f).
Allowable Subject Matter
Claims 1-20 are allowed over prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
12/271,796- Machine learning system to generate output using first and second latent spaces.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BELIX M ORTIZ DITREN whose telephone number is (571)272-4081. The examiner can normally be reached M-F 9am -5pm.
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BELIX M. ORTIZ DITREN
Primary Examiner
Art Unit 2164
/Belix M Ortiz Ditren/Primary Examiner, Art Unit 2164
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