Prosecution Insights
Last updated: May 29, 2026
Application No. 18/252,164

OMNI-SCALE CONVOLUTION FOR CONVOLUTIONAL NEURAL NETWORKS

Final Rejection §103
Filed
May 08, 2023
Priority
Dec 23, 2020 — nonprovisional of PCTCN2020138664
Examiner
LIU, XIAO
Art Unit
2664
Tech Center
2600 — Communications
Assignee
Intel Corporation
OA Round
2 (Final)
89%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
266 granted / 300 resolved
+26.7% vs TC avg
Moderate +12% lift
Without
With
+11.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
25 currently pending
Career history
335
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
91.9%
+51.9% vs TC avg
§102
3.2%
-36.8% vs TC avg
§112
2.4%
-37.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 300 resolved cases

Office Action

§103
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 . 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) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al (IEEE Internet of Things Journal, 17 November 2020), hereinafter Chen in view of Ma et al (3rd International Conference on Digital Medicine and Image Processing, 6-9 November 2020), hereinafter Ma, and further in view of Gu et al (2017 4th IAPR Asian Conference on Pattern Recognition), hereinafter Gu. -Regarding claim 15, Chen discloses a system comprising (Abstract; Figs. 1-5): one or more processors to process data (one or more processors have to be used in order to implement Chen’s Fig. 3), including processing for a convolutional neural network (CNN) (page 7648, 2nd Col., Sec. III. Cyclic CNN; Figs. 1-3); and a memory to store data (at least one memory has to be used in order to implement Chen’s Fig. 3), including data for CNN processing (Figs. 1-3); and an multi-scale convolution tool to provide support for objection recognition by the CNN in varying scales of object sizes; wherein application of the omni-convolution tool includes at least (Page 47467, 1st Col., “enrich the input scale of convolutional operation and generate multiscale and multilocation information to improve image classification”, 2nd paragraph, Col., Sec. II-B. Multiscale and Multilocation Contexts in CNN; Figs. 1-3): applying a plurality of dilation rates in a plurality of kernels of a kernel lattice of the convolutional layer (Page 47467, 1st Col., “applying dilated convolution on a part of channels, multiscale contexts may be generated”; Page 7473, 2nd Col., 2nd paragraph; Table V; Table I; Page 7470, 2nd Col., Sec. III-D, 1st paragraph, “kernel”; Page 3472, 1st Col., 2nd paragraph, “three cascaded convolutions with kernel sizes of 1 × 1, 3 × 3 and 1 × 1, respectively), and applying a cyclic pattern for the plurality of dilation rates in the plurality of kernels of the convolutional layer (Page 7473, 2nd Col., 2nd and 3rd paragraphs; Tables V-VII; Figs. 1-3). Chen does not disclose omni-convolution. In the same field of endeavor, Ma teaches a method for image segmentation using omni-scale convolution networks (Ma: Abstract; Figures 1-4). Ma further teaches omni-convolution (Ma: Figures 2-3). Ma also teaches a plurality of kernels of a kernel lattice of the convolutional layer (Ma: Figures 2-3). Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of Chen with the teaching of Ma by using omni-scale convolution in order to extend a multi-scale network which leverages different scales to include features at scales that might not be explicitly encoded in the network's structure. Chen in view of Ma does not teach wherein applying the plurality of dilation rates in the plurality of kernels includes implementing the dilation rates in group convolution. However, Gu is an analogous art pertinent to the problem to be solved in this application and teaches a group dilated convolution (GDC) to enlarge receptive filed (Gu: Abstract; Sec. II.). Gu further teaches wherein applying the plurality of dilation rates in the plurality of kernels includes implementing the dilation rates in group convolution (Gu: Page 2, 2nd Col., 2nd paragraph, last line – page 3, 1st Col., 1st paragraph, “produces a group convolution (Fig. 2(c)) with four groups if dilation rate becomes 1, which is called Group Dilation Convolution”, 2nd paragraph, “dilation convolution has kernel size of k ×k”). Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify the teaching of Chen in view of Ma with the teaching of Gu by using group dilated convolution in order to effectively enlarge the receptive field. Allowable Subject Matter Claims 16-18 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claims 1, 3-11 and 13-14 are allowed. The following is an examiner’s statement of reasons for indicating allowable subject matter: based on allowable subject matter indicated in Non-Final Rejection dated on 06/12/2025 and updated prior arts search. Independent claim 1 is amended by incorporating allowable subject matter indicated in the Non-Final Rejection office action. Regarding independent claim 9, Chen, Ma, and Ben-Arie appear to be the closest prior arts on record. However, the closest prior arts, either alone or in combination do not teach or suggest the following subject matter or the claimed limitations in combination with the rest of the independent claims as a whole, such as, inter alia, wherein implementing a convolution operation includes a combination of :a cyclic operation in which dilation rates for the plurality of kernels vary in a periodic manner along an axis of input channels, and a shift operation in which dilation rates for the plurality of kernels are shifted along an axis of output channels. Claims 3-8 are dependent upon claim 1. Claims 10-11 and 13-14 are dependent upon claim 9. These claims are allowable for at least the same reasons given for independent claims 1 and 9. Response to Arguments The amendments for claims 9 and 15 are not considered as incorporating allowable subject matter indicated in Non-Final Rejection office action dated 06/12/2025 because the claim amendments do not include the corresponding intervening claims. Conclusion THIS ACTION IS MADE FINAL. 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 XIAO LIU whose telephone number is (571)272-4539. The examiner can normally be reached Monday-Thursday and Alternate Fridays 8:30-4:30. 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, Jennifer Mehmood can be reached at (571) 272-2976. 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. /XIAO LIU/Primary Examiner, Art Unit 2664
Read full office action

Prosecution Timeline

May 08, 2023
Application Filed
Jun 12, 2025
Non-Final Rejection mailed — §103
Oct 13, 2025
Response Filed
Dec 23, 2025
Final Rejection mailed — §103
May 26, 2026
Response after Non-Final Action

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12639819
IMAGE PROCESSING APPARATUS, IMAGE PROCESSING METHOD, AND NON-TRANSITORY STORAGE MEDIUM
2y 9m to grant Granted May 26, 2026
Patent 12639967
SYSTEMS AND METHODS FOR DETECTING AND RECOGNIZING A RAILCAR IDENTIFIER
2y 10m to grant Granted May 26, 2026
Patent 12626518
Method to Detect Lane Segments for Creating High Definition Maps
3y 5m to grant Granted May 12, 2026
Patent 12626507
METHOD AND APPARATUS FOR VIDEO ACTION CLASSIFICATION
2y 11m to grant Granted May 12, 2026
Patent 12608950
SYSTEMS AND METHODS FOR DETECTING OBJECTS BASED ON LIDAR DATA
3y 1m to grant Granted Apr 21, 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

3-4
Expected OA Rounds
89%
Grant Probability
99%
With Interview (+11.8%)
2y 6m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 300 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