Prosecution Insights
Last updated: April 19, 2026
Application No. 18/207,077

PROCESSOR BINDING TECHNIQUE

Final Rejection §103
Filed
Jun 07, 2023
Examiner
WAI, ERIC CHARLES
Art Unit
2195
Tech Center
2100 — Computer Architecture & Software
Assignee
Nvidia Corporation
OA Round
2 (Final)
82%
Grant Probability
Favorable
3-4
OA Rounds
3y 9m
To Grant
99%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allow Rate
529 granted / 644 resolved
+27.1% vs TC avg
Strong +27% interview lift
Without
With
+27.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
27 currently pending
Career history
671
Total Applications
across all art units

Statute-Specific Performance

§101
15.7%
-24.3% vs TC avg
§103
50.0%
+10.0% vs TC avg
§102
11.4%
-28.6% vs TC avg
§112
14.4%
-25.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 644 resolved cases

Office Action

§103
DETAILED ACTION Claims 1-20 are presented for examination. 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 . Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Claim Rejections - 35 USC § 103 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. Claim(s) 1-4, 8-11 and 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van De Groenendaal et al. (US PG Pub No. 2018/0026904 A1, hereinafter Groenendaal) in view of Gray (US Pat No. 10,048,871). Regarding claim 1, Groenendaal teaches a processor, comprising: one or more circuits to: receive, generate a binding policy, based at least in part, on the one cause performance of a software workload using a selected subset of one or more processing resources of a Groenendaal does not teach receive, via an interface, a selection of one non-uniform memory access (NUMA) binding option of a plurality of different NUMA binding options. Gray teaches an interface to select a subset of one or more processors of a non-uniform memory access (NUMA) node to perform a software workload based, at least in part, on one or more user-specified parameters provided to the interface (col 2 line 35 to col 3 line 35, wherein a user-level tool (i.e. interface) is provided to allow users to assign new and/or pre-existing or executing processes to NUMA resources and can provide for achieving desirable NUMA affinity and the performance benefits). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include an interface for selecting NUMA resources to be assigned. One would be motivated by the desire to predefine sets of NUMA resources to be allocated as taught by Gray (Abstract). Regarding claim 2, Gray teaches wherein the user plurality of different NUMA binding options indicate one or more criteria for binding a process of the software workload to one or more of the one or more processing resources (col 3 lines 11-61). Regarding claim 3, Gray does not teach wherein said software workload is a machine learning workload. It is old and known to perform machine learning workload using NUMA systems. For example, Radke teaches using NUMA processing nodes for performing machine learning tasks ([0015]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention that the software workload is a machine learning workload. One would be motivated by the desire to utilize Gray for performing common tasks including machine learning workloads. Regarding claim 4, Gray teaches wherein said software workload comprises at least one process to be bound to one or more of the subset of one or more processing resources (col 3 lines 11-61). Regarding claims 8-11, and 15-18, they are the system and medium claims of claims 1-4 above. Claim(s) 5, 12, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van De Groenendaal et al. (US PG Pub No. 2018/0026904 A1, hereinafter Groenendaal) in view of Gray (US Pat No. 10,048,871), further in view of Zhao et al. (US Pat No. 10,325,343). Regarding claim 5, Gray does not teach wherein the subset of one or more processing resources is selected based, at least in part, on nearness of one or more of the subset of one or more central processing units (CPUs) to a graphics processing unit (GPU). Zhao teaches the use of interconnects between CPUs and GPUs in NUMA nodes (col 11 lines 47 to col 12 line 8). Zhao teaches that static hardware factors, i.e. topology, can impact performance GPU services provided by GPU server node, such as the types of GPUs implemented in the GPU server node, the manner in which the GPUs are connected to CPUs and other GPUs, the distance of the communication path between a GPU and a network adapter (col 11 lines 50-56). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention that the subset of processors is selected based, at least in part, on nearness of one or more of the subset of one or more processors to a GPU. One would be motivated by the desire to account for performance factors based on GPU distance as taught by Zhao. Regarding claims 12 and 19, they are the system and medium claims of claim 5 above. Claim(s) 6-7, 13-14, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van De Groenendaal et al. (US PG Pub No. 2018/0026904 A1, hereinafter Groenendaal) in view of Gray (US Pat No. 10,048,871) further in view of Ganguly et al. (US PG Pub No. 2022/0214825 A1). Regarding claim 6, Gray does not teach wherein the subset of the one or more processing resources is selected based, at least in part, on a cache shared by one or more of the subset of the one or more processing resources. Ganguly teaches defining multiple NUMA zones wherein each NUMA zone comprises of a socket, the processors within it, and the attached physical memory module, i.e. cache ([0006]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention that the subset of processors is selected based, at least in part, on a cache shared by one or more of the subset of one or more processors. One would be motivated by the desire to reduce the cost of access latency as taught by Ganguly. Regarding claim 7, Gray does not teach wherein the subset of the one or more processing resources is selected based, at least in part, on a socket shared by one or more of the subset of the one or more processing resources. Ganguly teaches defining multiple NUMA zones wherein each NUMA zone comprises of a socket, the processors within it, and the attached physical memory module ([0006]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention that the subset of processors is selected based, at least in part, on a cache shared by one or more of the subset of one or more processors. One would be motivated by the desire to reduce the cost of access latency as taught by Ganguly. Regarding claims 13-14 and 20, they are the system and medium claims of claims 6-7 above. Response to Arguments Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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 ERIC C WAI whose telephone number is (571)270-1012. The examiner can normally be reached Monday - Friday 9-5. 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, Aimee Li can be reached at (571) 272-4169. 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. /Eric C Wai/Primary Examiner, Art Unit 2195
Read full office action

Prosecution Timeline

Jun 07, 2023
Application Filed
Sep 07, 2023
Response after Non-Final Action
Sep 28, 2025
Non-Final Rejection — §103
Mar 02, 2026
Response Filed
Mar 25, 2026
Final Rejection — §103 (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
82%
Grant Probability
99%
With Interview (+27.2%)
3y 9m
Median Time to Grant
Moderate
PTA Risk
Based on 644 resolved cases by this examiner. Grant probability derived from career allow rate.

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