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 .
Detailed Action
This communication is in response to the application filed on 06/21/2023 in which Claims 1-20 are presented for examination.
Drawings
The applicant’s drawings submitted on 06/21/2023 are acceptable for examination purposes.
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.
Claim 20 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claim 20 recites a “computer readable medium…” However, the usage of the phrase “computer readable medium” is broad enough to include both “non-transitory" and “transitory” (moving electrons, etc) media. The specification does not clearly limit the utilization of a non-transitory computer readable medium and, thus does not constitute functional descriptive material. Therefore, when the broadest reasonable interpretation of a claim covers a signal per se, the claim must be rejected under 35 U.S.C. § 101 as covering non-statutory subject matter. See In re Nuijten, 500 F. 3d 1346, 1356-57 (Fed. Cir. 2007) (transitory embodiments are not directed to statutory subject matter).
The Examiner suggests that the Applicant replace the term “computer-readable medium” with the term “non-transitory computer-readable medium” to the medium as recited in the claim(s) in order to properly render the claim(s) in statutory form in view of their broadest reasonable interpretation in light of the originally filed specification. Applicant is suggested to review page 4 of the and Interim Examination Instructions for Evaluating Subject Matter Eligibility Under 35 U.S.C. § 101, Aug. 24, 2009, under section II. Subsection (c), which describes a “non-transitory computer readable medium” being patent-eligible subject matter.
Allowable Subject Matter
Claims 1-19 are allowable
Raisons for Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art of record (KIM US Patent application 20240169249 A1 which describes “ generating a first sequence for training a first model, wherein the first sequence includes a masked element related to an exercise for predicting the score of the user; inputting the first sequence to the first model to train the first model; and inputting a second sequence to a second model predicted by the first model on the basis of the first sequence to train the second model, wherein the second model is trained through comparison between the first sequence and a third sequence predicted through the second model on the basis of the second sequence” and Zhou Publication 20210019564 A1 that discloses “ matching model is established based on a product of the first machine learning model and a transpose of the second machine learning model; optimizing the first machine learning model and the second machine learning model by cross entropy, to obtain a first loss function; obtaining a second loss function” Both prior arts along or in combination do not teach, or suggest the claimed limitations of (in combination with all other features in the claim), “obtaining first sequences of first values; masking one or more of the first values in the first sequences to obtain masked first sequences having one or more of the first values and one or more masked values; using a first machine learning model, determining first predictions of the one or more masked values in the masked first sequences; replacing the one or more masked values with the first predictions to obtain second sequences of second values; using a second machine learning model, determining second predictions of whether the second values were present in the first sequences or replaced by different values predicted by the first machine learning model; and performing separate optimization of the first machine learning model and the second machine learning model, the first machine learning model being optimized based at least on the first predictions and the second machine learning model being optimized based at least on the second predictions.”, as claimed in claim 1, in conjunction with remaining claims provisions.
Claims 2-12, 14-19 are allowable over the prior art made of record, because they are recited the claimed that contain similar limitations as claims 1 and 13.
Conclusion
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/EVANS DESROSIERS/ Primary Examiner, Art Unit 2491