DETAILED ACTION
1. This communication is in response to the Application No. 18/269,528 filed on June 23, 2023 and corresponding preliminary amendments filed on June 23, 2023 in which Claims 1-8 are presented for examination.
Notice of Pre-AIA or AIA Status
2. 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
3. The information disclosure statements submitted on 06/23/2023 and 10/23/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Examiner’s Remarks
4. Examiner notes that Claim 3 recites the limitations “[…] move the fixed-point position […] to a least significant bit side by a bits (a > 0) […]” and “[…] move the fixed-point position […] to a most significant bit side by a bits (a > 0) […]”, however, using the variable “a” in this context may be unclear as it can easily be misread or misinterpreted as moving the fixed-point position by “a” singular bit, instead of by an arbitrary number of bits corresponding to a variable “a” that is greater than 0. Examiner encourages Applicant to amend the claim limitations to clarify and/or redefine this variable to promote clarity of the record.
Claim Rejections - 35 USC § 112
5. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
6. Claims 1-5 and 8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 1 recites the limitation “issue, as a second control to be repeated, the fixed-point position control unit […]” without any prior recitation of a “fixed-point position control unit”. There is insufficient antecedent basis for this limitation in the claim. This rejection applies to Claim 1 and its respective dependent claims 2-5 and 8. Examiner notes that all prior recitations of this limitation (“fixed-point position control unit”) have been removed by the preliminary amendment filed 06/23/2023 – thus, Applicant is encouraged to additionally amend the claims to remove this remaining recitation as well.
Claim Rejections - 35 USC § 101
7. 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.
8. Claims 1-8 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Regarding Claim 1:
Step 1: Claim 1 is a system type claim. Therefore, Claims 1-5 and 8 are directed to either a process, machine, manufacture, or composition of matter.
2A Prong 1: If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation by mathematical calculation but for the recitation of generic computer components, then it falls within the “Mathematical Concepts” grouping of abstract ideas.
set a fixed-point position of N-bit (N is a natural number of 2 or more) fixed-length data corresponding to each of a plurality of layers constituting a multilayer neural network, and set a fixed-point position of the fixed-length data (mental process – setting a fixed-point position of N-bit fixed-length data corresponding to each of a plurality of layers of a neural network and setting a fixed-point position of the fixed-length data may be performed manually by a user, with the aid of pen and paper, assigning/setting a fixed-point (decimal point) position of N-bit fixed-length data, where N is a natural number of 2 or more, corresponding to a plurality of layers of a neural network. For example, if N is 2, a user may create a simple neural network with the aid of pen and paper and set each fixed-point position of 2-bit fixed-length data of a plurality of layers of the network)
perform calculation processing corresponding to each of the plurality of layers constituting the multilayer neural network for each of pieces of processing target data continuously input according to a processing algorithm of the multilayer neural network with respect to the N-bit fixed-length data in which the fixed-point position is set (mathematical process – performing calculation processing corresponding to each of a plurality of layers constituting the multilayer neural network for target data input into a processing algorithm of the neural network with respect to the N-bit fixed-length data may be performed by mathematical process/calculation – Processing calculations based on inputs according to an algorithm defines a clear mathematical process)
determine equivalence data that increases according to a saturation rate of the processing target data at a processing point in time in the calculation processing (mathematical process – determining equivalence data that increases according to a saturation rate of the processing target data at a processing point in time during calculations may be performed by mathematical process. More specifically, Applicant’s specification Par. [0041] defines the equivalence data as an equivalence rate which is a ratio of equal/correct results to the total number of pixels in an image – this may be calculated by mathematical process, such that the equivalence data/ratio increases according to a saturation rate (generically obtained metric) of the processing target data)
skip second and subsequent calculation processing of the equivalence data (mathematical process – skipping second and subsequent calculation processing of equivalence data may be performed by mathematical process, by skipping the aforementioned calculations when performing calculations based on the processing algorithm)
detect metadata including the number of detected objects in the processing target data at the processing point in time, a frame surrounding the objects, an attribute, and recognition accuracy of the attribute in the calculation processing (mental process – detecting metadata in the processing target data at the processing point in time may be performed manually by a user observing/analyzing the target data (image) and accordingly using judgement/evaluation to detect metadata features of the image, such as the number of detected objects, a frame surrounding the objects (bounding box – with the aid of pen and paper), an attribute (feature) of the image, and recognition accuracy of the attribute (feature) based on reviewing the aforementioned calculation processing)
count an upper limit counter value that is a number of times an upper limit value of a value range determined by the fixed-point position is exceeded and a lower limit counter value that is a number of times falling below a lower limit value of the value range occurs in a process of the calculation processing for each layer (mathematical process – counting an upper limit value and a lower limit value may be performed by mathematical process utilizing variables which are incremented and represent the number of times an upper limit value is exceeded and the number of times a value falls below the lower limit value during calculation processing for each layer)
determine, as first control, a fixed-point position moved for each layer such that the upper limit counter value falls within a range of a first threshold value and the lower limit counter value falls within a range of a second threshold value, and (mental process – determining a fixed-point position moved for each layer may be performed manually by a user observing/analyzing both the upper limit counter value and lower limit counter value and their according thresholds and using judgement/evaluation to determine a fixed-point position moved for each layer such that the upper and lower limit counter values are within range of their respective thresholds)
perform calculation processing on the processing target data at the processing point in time (mathematical process – performing calculation processing on the processing target data at the processing point in time may be performed by mathematical process which are used to perform such calculations)
[…] move at least the fixed-point position as control to increase a lower limit saturation rate proportional to a magnitude of the counted lower limit counter value with respect to a result of the first control (mathematical process – moving/adjusting at least the fixed-point position as control to increase a lower limit saturation rate proportional to a magnitude of the counted lower limit counter value with respect to a result of the first control may be performed by iterative mathematical process)
perform, as the second control, a predetermined determination based on the instruction and the metadata, determines the fixed-point position moved for each layer, and (mental process – performing a predetermined determination may be performed manually by a user observing/analyzing the instruction and metadata and accordingly using judgement/evaluation to perform a predetermined determination hence determining the fixed-point position moved for each layer based on said analysis)
perform calculation processing on the processing target data at the processing point in time (mathematical process – performing calculation processing on the processing target data at the processing point in time may be performed by mathematical process which are used to perform such calculations)
replace, as the second control, the recognition accuracy obtained by the calculation processing with the stored recognition accuracy with higher accuracy (mental process – replacing, as the second control, the recognition accuracy obtained by the calculation processing with the stored recognition accuracy with higher accuracy may be performed manually by a user, with the aid of pen and paper, observing/analyzing the recognition accuracy and accordingly using judgement/evaluation to replace the recognition accuracy with the stored recognition accuracy having higher accuracy)
2A Prong 2: This judicial exception is not integrated into a practical application.
Additional elements:
a data processing device comprising: a memory; and at least one processor coupled to the memory, the at least one processor being configured to […] (recited at a high-level of generality (i.e., as a generic data processing device comprising generic memory and processor without significantly more) such that it amounts to no more than mere instructions to apply the exception using generic computer components)
issue, as second control to be repeated, the fixed-point position control unit to […] (Adding insignificant extra-solution activity to the judicial exception – see MPEP 2106.05(g))
2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
a data processing device comprising: a memory; and at least one processor coupled to the memory, the at least one processor being configured to […] (mere instructions to apply the exception using generic computer components cannot provide an inventive concept)
issue, as second control to be repeated, the fixed-point position control unit to […] (MPEP 2106.05(d)(II) indicates that merely “Receiving or transmitting data over a network” is a well-understood, routine, conventional function when it is claimed in a merely generic manner (as it is in the present claim). Thereby, a conclusion that the claimed limitation is well-understood, routine, conventional activity is supported under Berkheimer)
For the reasons above, Claim 1 is rejected as being directed to an abstract idea without significantly more. This rejection applies equally to dependent claims 2-5 and 8. The additional limitations of the dependent claims are addressed below.
Regarding Claim 2:
Step 2A Prong 1: See the rejection of Claim 1 above, which Claim 2 depends on.
increase the second threshold value of a predetermined layer in the instruction (mental process – increasing the second threshold value of a predetermined layer may be performed manually by a user observing/analyzing the second threshold of said predetermined layer and accordingly using judgement/evaluation to increase (with the aid of pen and paper) the second threshold value of the predetermined layer)
repeatedly perform calculation processing based on the second threshold value increased by the instruction (mathematical process – repeatedly performing calculation processing based on the increased second threshold value may be performed by iterative mathematical process/calculation)
performs a first determination of determining a change in the metadata with respect to the first control in a calculation result, and increases the second threshold value when it is determined that there is no change in the first determination, (mental process – performing a first determination and increasing a second threshold value may be performed manually by a user observing/analyzing the metadata (number of detected objects in an image, frame surrounding the objects in the image, etc.) and accordingly using judgement/evaluation to determine a change in the metadata with respect to the first control and correspondingly increasing (with the aid of pen and paper) the second threshold value when it is determined that there is no change in the first determination, based on the preceding analysis of metadata)
decrease the second threshold value of a predetermined layer when it is determined that there is a change in the first determination (mental process – decreasing the second threshold value of a predetermined layer may be performed manually by a user observing/analyzing the first determination and if there are any changes in the first determination and accordingly using judgement/evaluation to decrease (with the aid of pen and paper) the second threshold value of a predetermined layer when it is determined there is a change in the first determination, based on the preceding analysis)
perform calculation processing based on the second threshold value decreased by the instruction (mathematical process – performing calculation processing based on the second threshold value may be performed by mathematical process/calculation)
performs a second determination of determining a change in the metadata with respect to the first control in a calculation result (mental process – performing a second determination of determining a change in the metadata with respect to the first control may be performed manually by a user observing/analyzing the metadata and accordingly using judgement/evaluation to determine if there are any changes in the metadata with respect to the first control)
sets the second threshold value as a steady threshold value when it is determined that there is no change in the second determination, and returns to the first control when it is determined that there is a change in the second determination (mental process – setting the second threshold value as a steady threshold value or returning to the first control may be performed manually by a user observing/analyzing the second determination and if there are any changes in the second determination and accordingly using judgement/evaluation to either set the second threshold value as a steady threshold value when it is determined there is no change or return the first control when it is determined there is a change)
Step 2A Prong 2 & Step 2B:
issue an instruction to […] (MPEP 2106.05(d)(II) indicates that merely “Receiving or transmitting data over a network” is a well-understood, routine, conventional function when it is claimed in a merely generic manner (as it is in the present claim). Thereby, a conclusion that the claimed limitation is well-understood, routine, conventional activity is supported under Berkheimer)
Accordingly, under Step 2A Prong 2 and Step 2B, these additional elements do not integrate the abstract idea into practical application because they do not impose any meaningful limits on practicing the abstract idea, as discussed above in the rejection of claim 1.
Regarding Claim 3:
Step 2A Prong 1: See the rejection of Claim 1 above, which Claim 3 depends on.
move the fixed-point position of a predetermined layer to a least significant bit side by a bits (a > 0) in the instruction (mental process – moving the fixed-point position of a layer to a least significant bit side by a bits may be performed manually by a user, with the aid of pen and paper, moving the fixed-point (decimal point) position of a layer to a least significant bit side by a bits, where a is greater than 0. Hence, a user may move the fixed-point position of a predetermined layer to by 1 bit, 2 bits, etc.)
repeatedly perform calculation processing by using the moved fixed-point position moved to the least significant bit side based on the instruction (mathematical process – repeatedly performing calculation processing based on the moved fixed-point position may be performed by iterative mathematical process/calculation)
performs a first determination of determining a change of the metadata with respect to the first control in a calculation result, and moves to the least significant bit side when it is determined in the first determination that there is no change, (mental process – performing a first determination may be performed manually by a user observing/analyzing the metadata with respect to the first control and accordingly using judgement/evaluation to determine if there is a change in the metadata and accordingly moving the least significant bit side if it is determined there is no change, based on the preceding analysis)
to move the fixed-point position of a predetermined layer to a most significant bit side by a bits (a > 0) when it is determined that there is a change in the first determination, (mental process – moving the fixed-point position of a layer to a most significant bit side by a bits may be performed manually by a user, with the aid of pen and paper, moving the fixed-point (decimal point) position of a layer to a most significant bit side by a bits, where a is greater than 0. Hence, a user may move the fixed-point position of a predetermined layer to by 1 bit, 2 bits, etc.)
perform calculation processing by using the moved fixed-point position moved to the most significant bit side based on the instruction (mathematical process – performing calculation processing based on the moved fixed-point position may be performed by iterative mathematical process/calculation)
performs a second determination of determining a change in the metadata with respect to the first control in a calculation result (mental process – performing a second determination of determining a change in the metadata with respect to the first control may be performed manually by a user observing/analyzing the metadata and accordingly using judgement/evaluation to determine if there are any changes in the metadata with respect to the first control)
sets the second threshold value as a steady threshold value when it is determined that there is no change in the second determination, and returns to the first control when it is determined that there is a change in the second determination (mental process – setting the second threshold value as a steady threshold value or returning to the first control may be performed manually by a user observing/analyzing the second determination and if there are any changes in the second determination and accordingly using judgement/evaluation to either set the second threshold value as a steady threshold value when it is determined there is no change or return the first control when it is determined there is a change)
Step 2A Prong 2 & Step 2B:
issue an instruction to […] (MPEP 2106.05(d)(II) indicates that merely “Receiving or transmitting data over a network” is a well-understood, routine, conventional function when it is claimed in a merely generic manner (as it is in the present claim). Thereby, a conclusion that the claimed limitation is well-understood, routine, conventional activity is supported under Berkheimer)
Accordingly, under Step 2A Prong 2 and Step 2B, these additional elements do not integrate the abstract idea into practical application because they do not impose any meaningful limits on practicing the abstract idea, as discussed above in the rejection of claim 1.
Regarding Claim 4:
Step 2A Prong 1: See the rejection of Claim 1 above, which Claim 4 depends on.
obtain the metadata again for the processing target data at the point in time of calculation processing by using the fixed-point position determined in the first control when a predetermined condition is satisfied after performing the predetermined determination (mathematical process – using the fixed-point position determined in the first control to obtain the metadata again for the processing target data at the point in time of calculation processing may be performed by iterative mathematical process/calculation)
Step 2A Prong 2 & Step 2B:
overwrite the metadata obtained in the first control with the metadata obtained again (MPEP 2106.05(d)(II) indicates that merely “Storing and retrieving information in memory” is a well-understood, routine, conventional function when it is claimed in a merely generic manner (as it is in the present claim). Thereby, a conclusion that the claimed limitation is well-understood, routine, conventional activity is supported under Berkheimer)
Accordingly, under Step 2A Prong 2 and Step 2B, these additional elements do not integrate the abstract idea into practical application because they do not impose any meaningful limits on practicing the abstract idea, as discussed above in the rejection of claim 1.
Regarding Claim 5:
Step 2A Prong 1:
See the rejection of Claim 1 above, which Claim 5 depends on.
Step 2A Prong 2 & Step 2B:
stop a clock of a circuit while skipping the calculation processing (the processor stops a clock of a generic circuit when skipping calculation processing without significantly more – mere instructions to apply the exception using generic computer components cannot provide an inventive concept)
Accordingly, under Step 2A Prong 2 and Step 2B, these additional elements do not integrate the abstract idea into practical application because they do not impose any meaningful limits on practicing the abstract idea, as discussed above in the rejection of claim 1.
Independent Claim 6 recites substantially the same limitations as Claim 1, in the form of a method. The claim is also directed to performing mental processes/mathematical calculations without significantly more, therefore it is rejected under the same rationale.
For the reasons above, Claim 6 is rejected as being directed to an abstract idea without significantly more. This rejection applies equally to dependent claim 7. The additional limitations of the dependent claims are addressed below.
Claim 7 recites substantially the same limitations as Claim 2, in the form of a method. The claim is also directed to performing mental processes/mathematical calculations without significantly more, therefore it is rejected under the same rationale.
Regarding Claim 8:
Step 2A Prong 1:
See the rejection of Claim 1 above, which Claim 8 depends on.
Step 2A Prong 2 & Step 2B:
a non-transitory computer-readable storage medium storing a data processing program for causing a computer to function as the data processing device according to claim 1 (mere instructions to apply the exception using generic computer components cannot provide an inventive concept)
Accordingly, under Step 2A Prong 2 and Step 2B, these additional elements do not integrate the abstract idea into practical application because they do not impose any meaningful limits on practicing the abstract idea, as discussed above in the rejection of claim 1.
Allowable Subject Matter
9. No prior art rejection is made for Claims 1-8. However, these claims are still rejected under 35 U.S.C. 112(b) and 35 U.S.C. 101 – abstract idea.
10. Examiner has disclosed Ito et al. (US PG-PUB 20200143232), Yoda et al. (US PG-PUB 20200387787), and Jain et al. (US PG-PUB 20220164411), which are the closest prior art as compared to the instant application. Ito discloses methods and systems for dynamic-fixed point of a deep neural network that dynamically adjusts the decimal point position of the resulting data of an operation obtained by a calculation, including performing a saturation process on a plurality of pieces of fixed-point data. Yoda discloses methods and systems for shifting the decimal position of fixed-point number data on the basis of statistical information on the distribution of bits in the data after being subjected to execution of an instruction directed towards the fixed-point number data. Jain discloses methods and systems for an N-bit fixed point matrix operations accelerator, which includes iteratively scaling input features, weights, and biases and then convolving these values using the accelerator to generate output feature values. However, Ito, Yoda, and Jain seemingly do not explicitly disclose the instant claim limitations, including “determine equivalence data that increases according to a saturation rate of the processing target data at a processing point in time in the calculation processing, skip second and subsequent calculation processing of the equivalence data […]”, “count an upper limit counter value that is a number of times an upper limit value of a value range determined by the fixed-point position is exceeded and a lower limit counter value that is a number of times falling below a lower limit value of the value range occurs in a process of the calculation processing for each layer”, “determine, as first control, a fixed-point position moved for each layer such that the upper limit counter value falls within a range of a first threshold value and the lower limit counter value falls within a range of a second threshold value”, and “[…] move at least the fixed-point position as control to increase a lower limit saturation rate proportional to a magnitude of the counted lower limit counter value with respect to a result of the first control” of Independent Claim 1 (and Independent Claim 6 which recites substantially the same limitations), in combination with the remaining limitations of the Independent claims. As such, dependent claims 2-5 and 7-8 similarly contain allowable subject matter due to their dependency on Independent Claims 1 and 6.
Conclusion
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Devika S Maharaj whose telephone number is (571)272-0829. The examiner can normally be reached Monday - Thursday 8:30am - 5:30pm.
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, Alexey Shmatov can be reached at (571)270-3428. 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.
/DEVIKA S MAHARAJ/Examiner, Art Unit 2123
Prosecution Insights