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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 01/17/2024 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 § 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.
Step 1
According to the first part of the analysis, in the instant case, claims 1-13 are directed to a method, claim 14-16 are directed to a non-transitory computer-readable storage media, and claims 17-20 are directed to a system comprising at least a processor. Thus, each of the claims falls within one of the four statutory categories (i.e. process, machine, manufacture, or composition of matter).
Claim 1 recites:
Step 2A, prong 1
“the computation graph including a bias node and a probability distribution node for M classes, wherein M is a positive integer greater than N and the bias node provides a biased tensor of size M to the probability distribution node by adding a bias tensor to a calculated tensor” (This step is directed to a mathematical concept. See MPEP § 2106.04(a)(2), subsection I.)
“generating a first bias tensor having N entries equal to zero and M-N entries having negative values” (This step is directed to a mathematical concept. See MPEP § 2106.04(a)(2), subsection I.)
“executing the first instantiation of the computation graph on the SRDAP to generate the first probability distribution, wherein the first probability distribution comprises N entries of a first output of the probability distribution node of the first instantiation of the computation graph corresponding to the N entries equal to zero in the first bias tensor” (This step is directed to a mathematical concept. See MPEP § 2106.04(a)(2), subsection I.)
“providing a first inference based on the first probability distribution” (This step is a recitation of a mental process that is practical to perform in the human mind. A human can make a prediction based on a probability distribution (i.e. observation, evaluation, judgement, opinion). See MPEP § 2106.04(a)(2), subsection III.).
Step 2A, prong 2
“receiving a first request to generate a first instantiation of the computation graph to generate a first probability distribution for N classes, wherein N is a positive integer” (Transmitting data to perform the abstract idea is considered “mere data gathering” and is an insignificant extra-solution activity, which does not integrate the abstract idea into a practical application. See MPEP 2106.05 (g).).)
“retrieving a compiled graph of the computation graph from a computer memory” (Retrieving data from memory to perform the abstract idea is considered “mere data gathering” and is an insignificant extra-solution activity, which does not integrate the abstract idea into a practical application. See MPEP 2106.05 (g).).)
“executing the first instantiation of the computation graph on the SRDAP to generate the first probability distribution, wherein the first probability distribution comprises N entries of a first output of the probability distribution node of the first instantiation of the computation graph corresponding to the N entries equal to zero in the first bias tensor” (mere instructions to apply the exception using a generic computer component. See 2106.05(f).)
“loading the compiled graph with the first bias tensor as the bias tensor for the bias node into a first set coarse-grained reconfigurable (CGR) units of the SRDAP as the first instantiation of the computation graph” (Retrieving data from memory to perform the abstract idea is considered “mere data gathering” and is an insignificant extra-solution activity, which does not integrate the abstract idea into a practical application. See MPEP 2106.05 (g).).)
This judicial exception is not integrated into a practical application.
Step 2B
“receiving a first request to generate a first instantiation of the computation graph to generate a first probability distribution for N classes, wherein N is a positive integer” (This step appears to be directed to transmitting or receiving information, which is well-understood, routine, and conventional. 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); See MPEP 2106.05 (d) (II).)
“retrieving a compiled graph of the computation graph from a computer memory” (This step is directed to retrieving data from memory, which is well-understood, routine, and conventional. iv. Storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); (" See MPEP 2106.05 (d) (II)).
“executing the first instantiation of the computation graph on the SRDAP to generate the first probability distribution, wherein the first probability distribution comprises N entries of a first output of the probability distribution node of the first instantiation of the computation graph corresponding to the N entries equal to zero in the first bias tensor” (mere instructions to apply the exception using a generic computer component. See 2106.05(f).)
“loading the compiled graph with the first bias tensor as the bias tensor for the bias node into a first set coarse-grained reconfigurable (CGR) units of the SRDAP as the first instantiation of the computation graph” (This step is directed to retrieving data from memory, which is well-understood, routine, and conventional. iv. Storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); (" See MPEP 2106.05 (d) (II)).
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claim is not patent eligible.
Claim 2 recites:
Step 2A, prong 1
“the probability distribution node comprising a SoftMax function” (This step is directed to a mathematical concept. See MPEP § 2106.04(a)(2), subsection I.)
Step 2A, Prong 2 & 2B
This claim does not recite any additional elements.
Claim 3 recites:
Step 2A, prong 1
“wherein the M-N negative entries of the first bias tensor each have an absolute value that is at least one order of magnitude greater than N” (This step is directed to a mathematical concept. See MPEP § 2106.04(a)(2), subsection I.)
Step 2A, Prong 2 & 2B
This claim does not recite any additional elements.
Claim 4 recites:
Step 2A, prong 1
“wherein the first bias tensor comprises M entries equal to zero followed by M-N entries equal to a predetermined negative number” (This step is directed to a mathematical concept. See MPEP § 2106.04(a)(2), subsection I.)
Step 2A, Prong 2 & 2B
This claim does not recite any additional elements.
Claim 5 recites:
Step 2A, prong 1
“wherein the predetermined negative number is equal to a minimum negative value representable by a data type used for the first bias tensor” (This step is directed to a mathematical concept. See MPEP § 2106.04(a)(2), subsection I.)
Step 2A, Prong 2 & 2B
This claim does not recite any additional elements.
Claim 6 recites:
Step 2A, prong 1
Claim 6 recites at least the abstract idea identified above in claim 1.
Step 2A, prong 2
“further comprising loading a set of weights for the computation graph into the SRDAP with the compiled graph” (Retrieving data from memory to perform the abstract idea is considered “mere data gathering” and is an insignificant extra-solution activity, which does not integrate the abstract idea into a practical application. See MPEP 2106.05 (g).).)
This judicial exception is not integrated into a practical application.
Step 2B
“further comprising loading a set of weights for the computation graph into the SRDAP with the compiled graph” (This step is directed to retrieving data from memory, which is well-understood, routine, and conventional. iv. Storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); (" See MPEP 2106.05 (d) (II)).
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claim is not patent eligible.
Claim 7 recites:
Step 2A, prong 1
“wherein the set of weights for the computation graph includes pretrain weights determined by pre-training the computation graph” (This step is a recitation of a mental process that is practical to perform in the human mind. A human can determine weights based on a pre-trained computation graph (i.e. observation, evaluation, judgement, opinion). See MPEP § 2106.04(a)(2), subsection III.).
Step 2A, Prong 2 & 2B
This claim does not recite any additional elements.
Claim 8 recites:
Step 2A, prong 1
Claim 8 recites at least the abstract idea identified above in claim 7.
Step 2A, prong 2
“performing finetune training of the first instantiation of the computation graph and updating the set of weights for the computation graph based on the finetune training” (mere instructions to apply the exception using a generic computer component. See 2106.05(f).)
This judicial exception is not integrated into a practical application.
Step 2B
“performing finetune training of the first instantiation of the computation graph and updating the set of weights for the computation graph based on the finetune training” (mere instructions to apply the exception using a generic computer component. See 2106.05(f).)
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claim is not patent eligible.
Claim 9 recites:
Step 2A, prong 1
“wherein the set of weights for the computation graph includes weights determined by pre-training and then finetune training the computation graph” (This step is a recitation of a mental process that is practical to perform in the human mind. A human can determine weights based on a pre-trained computation graph (i.e. observation, evaluation, judgement, opinion). See MPEP § 2106.04(a)(2), subsection III.).
Step 2A, Prong 2 & 2B
This claim does not recite any additional elements.
Claim 10 recites:
Step 2A, prong 1
“wherein the compiled graph has a first subset of the first set of CGR units of the SRDAP assigned to the bias node and a second subset of the first set of CGR units of the SRDAP assigned to the probability distribution node” (This step is directed to a mathematical concept. See MPEP § 2106.04(a)(2), subsection I.)
Step 2A, Prong 2 & 2B
This claim does not recite any additional elements.
Claim 11 recites:
Step 2A, prong 1
Claim 8 recites at least the abstract idea identified above in claim 7.
Step 2A, prong 2
“the computation graph represents a classification neural network” (Linking the judicial exception to a particular technological environment or field of use. See MPEP 2106.05(h).)
This judicial exception is not integrated into a practical application.
Step 2B
“the computation graph represents a classification neural network” (Linking the judicial exception to a particular technological environment or field of use. See MPEP 2106.05(h).)
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claim is not patent eligible.
Claim 12 recites:
Step 2A, prong 1
“generating a second bias tensor having R entries equal to zero and by M-R entries having negative values” (This step is directed to a mathematical concept. See MPEP § 2106.04(a)(2), subsection I.)
“executing the second instantiation of the computation graph on the SRDAP to generate the second probability distribution, wherein second probability distribution comprises R entries of a second output of the probability distribution node of the second instantiation of the computation graph corresponding to the R entries equal to zero in the second bias tensor” (This step is directed to a mathematical concept. See MPEP § 2106.04(a)(2), subsection I.)
“providing a second inference based on the second probability distribution” (This step is a recitation of a mental process that is practical to perform in the human mind. A human can make a prediction based on a probability distribution (i.e. observation, evaluation, judgement, opinion). See MPEP § 2106.04(a)(2), subsection III.).
Step 2A, prong 2
“receiving a second request to generate a second instantiation of the computation graph to generate a second probability distribution for R classes, wherein R is a positive integer different than N and less than M” (Transmitting data to perform the abstract idea is considered “mere data gathering” and is an insignificant extra-solution activity, which does not integrate the abstract idea into a practical application. See MPEP 2106.05 (g).).)
“retrieving the compiled graph” (Transmitting data to perform the abstract idea is considered “mere data gathering” and is an insignificant extra-solution activity, which does not integrate the abstract idea into a practical application. See MPEP 2106.05 (g).).)
“loading the compiled graph with the second bias tensor as the bias tensor for the bias node into a second set of CGR units of the SRDAP as the second instantiation of the computation graph” (Retrieving data from memory to perform the abstract idea is considered “mere data gathering” and is an insignificant extra-solution activity, which does not integrate the abstract idea into a practical application. See MPEP 2106.05 (g).).)
“executing the second instantiation of the computation graph on the SRDAP to generate the second probability distribution, wherein second probability distribution comprises R entries of a second output of the probability distribution node of the second instantiation of the computation graph corresponding to the R entries equal to zero in the second bias tensor” (mere instructions to apply the exception using a generic computer component. See 2106.05(f).)
This judicial exception is not integrated into a practical application.
Step 2B
“receiving a second request to generate a second instantiation of the computation graph to generate a second probability distribution for R classes, wherein R is a positive integer different than N and less than M” (This step appears to be directed to transmitting or receiving information, which is well-understood, routine, and conventional. 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); See MPEP 2106.05 (d) (II).)
“retrieving the compiled graph” (This step appears to be directed to transmitting or receiving information, which is well-understood, routine, and conventional. 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); See MPEP 2106.05 (d) (II).)
“loading the compiled graph with the second bias tensor as the bias tensor for the bias node into a second set of CGR units of the SRDAP as the second instantiation of the computation graph” (This step is directed to retrieving data from memory, which is well-understood, routine, and conventional. iv. Storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); (" See MPEP 2106.05 (d) (II)).
“executing the second instantiation of the computation graph on the SRDAP to generate the second probability distribution, wherein second probability distribution comprises R entries of a second output of the probability distribution node of the second instantiation of the computation graph corresponding to the R entries equal to zero in the second bias tensor” (mere instructions to apply the exception using a generic computer component. See 2106.05(f).)
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claim is not patent eligible.
Claim 13 recites:
Step 2A, prong 1
“inserting the bias node between the classification neural network and the probability distribution node to create the computation graph” (This step is a recitation of a mental process that is practical to perform in the human mind. A human can create a computation graph by inserting a bias node between the neural network and distribution node with the aid of paper and pen (i.e. observation, evaluation, judgement, opinion). See MPEP § 2106.04(a)(2), subsection III.).
Step 2A, prong 2
“obtaining an initial computation graph including a classification neural network providing M logits” (Receiving data to perform the abstract idea is considered “mere data gathering” and is an insignificant extra-solution activity, which does not integrate the abstract idea into a practical application. See MPEP 2106.05 (g).).)
“compiling the computation graph to generate the compiled graph” (mere instructions to apply the exception using a generic computer component. See 2106.05(f).)
“saving the compiled graph” (Storing data to perform the abstract idea is considered “mere data gathering” and is an insignificant extra-solution activity, which does not integrate the abstract idea into a practical application. See MPEP 2106.05 (g).).)
This judicial exception is not integrated into a practical application.
Step 2B
“obtaining an initial computation graph including a classification neural network providing M logits” (This step appears to be directed to transmitting or receiving information, which is well-understood, routine, and conventional. 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); See MPEP 2106.05 (d) (II).)
“compiling the computation graph to generate the compiled graph” (mere instructions to apply the exception using a generic computer component. See 2106.05(f).)
“saving the compiled graph” (This step is directed to storing data in memory, which is well-understood, routine, and conventional. iv. Storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); (" See MPEP 2106.05 (d) (II)).abstract idea into a practical application. See MPEP 2106.05 (g).).)
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claim is not patent eligible.
Claim 14 recites: See the rejection of claim 1 above. Same rationale applies.
2A Prong 2 & 2B: The claim recites another additional element “One or more non-transitory computer-readable storage media in which computer program instructions are stored” (mere instructions to apply the exception using a generic computer component).
Claim 15 recites:
Step 2A, prong 1
Claim 15 recites at least the abstract idea identified above in claim 14.
Step 2A, prong 2
“the computer program instructions further operative to cause the one or more processors, in response to being executed by the one or more processors, to Load a set of weights for the computation graph into the SRDAP with the compiled graph” (Retrieving data from memory to perform the abstract idea is considered “mere data gathering” and is an insignificant extra-solution activity, which does not integrate the abstract idea into a practical application. See MPEP 2106.05 (g).).)
This judicial exception is not integrated into a practical application.
Step 2B
“the computer program instructions further operative to cause the one or more processors, in response to being executed by the one or more processors, to Load a set of weights for the computation graph into the SRDAP with the compiled graph” (This step is directed to retrieving data from memory, which is well-understood, routine, and conventional. iv. Storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); (" See MPEP 2106.05 (d) (II)).
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claim is not patent eligible.
Claim 16 recites: See the rejection of claim 13 above. Same rationale applies.
Claim 17 recites: See the rejection of claim 1 above. Same rationale applies.
2A Prong 2 & 2B: The claim recites another additional element “A system including one or more processors and a statically reconfigurable dataflow processor (SRDAP) coupled to the one or more processors” (mere instructions to apply the exception using a generic computer component).
Claim 18 recites: See the rejection of claim 15 above. Same rationale applies.
Claim 19 recites: See the rejection of claim 10 above. Same rationale applies.
Claim 20 recites: See the rejection of claim 11 above. Same rationale applies.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sirinivasta et al. (US-20240427727-A1)
Nama et al. (US-11263170-B1)
Nama et al. (US-11195080-B1)
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