Prosecution Insights
Last updated: October 02, 2026
Application No. 18/315,752

SYSTEMS AND METHODS FOR TRAINING AND USING A MACHINE-LEARNING MODEL FOR DETERMINING THE SIMILARITY OF ENTITIES

Final Rejection §112
Filed
May 11, 2023
Examiner
LEE, TSU-CHANG
Art Unit
2123
Tech Center
2100 — Computer Architecture & Software
Assignee
Shopify Inc.
OA Round
2 (Final)
73%
Grant Probability
Favorable
3-4
OA Rounds
1m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
314 granted / 432 resolved
+17.7% vs TC avg
Moderate +14% lift
Without
With
+13.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
41 currently pending
Career history
458
Total Applications
across all art units

Statute-Specific Performance

§101
39.2%
-0.8% vs TC avg
§103
31.5%
-8.5% vs TC avg
§102
6.4%
-33.6% vs TC avg
§112
18.5%
-21.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 432 resolved cases

Office Action

§112
The present application, filed on or after 16 March 2013, is being examined under the first inventor to file provisions of the AIA . DETAILED ACTION This office action is in response to Applicant’s submission filed on 20 June 2026. THIS ACTION IS FINAL. Status of Claims Claims 1-2, 4-17, 19-22 are pending. Claims 3 and 18 are cancelled. Claims 1-2, 4-17, 19-22 are rejected under 35 U.S.C. 112(b) as indefinite. Claim Rejections - 35 USC § 112 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. A claim is indefinite if, when read in light of the specification, it fails to inform, with reasonable certainty, those skilled in the art about the scope of the invention. Nautilus, Inc. v. Biosig Instruments, Inc., 110 USPQ.2d 1688, U.S. Supreme Court (2014). Claims 1-2, 4-17, 19-22 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 pre-AIA the applicant regards as the invention. Regarding claim 1 / 16 / 20,"another entity", another from what? the boundary is not clear, hence the claim is indefinite. For purposes of examination, “another entity” is construed to be “an entity other than the particular entity”. Regarding claims 1,4,7 / 16, 17, 21-22 / 20 “the other entity”, lack of antecedent basis, the claim is therefore indefinite. For purposes of examination, “the other entity” is construed to be “the entity other than the particular entity”. Regarding claims 2, 4-15 / 17, 19, 21-22, which depend on above rejected claim 1 / 16, are rejected for the same reason. Response to Argument Applicant’s arguments filed 6/30/2026 has been fully considered. Applicant’s amendment / argument overcome 101 & 103 issues. However the amendment introduce new 112 issues. See 112 rejection section for more details. 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 extension fee 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 TSU-CHANG LEE whose telephone number is 571-272-3567. The fax number is 571-273-3567. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Omar Fernandez Rivas, can be reached 571-272-2589. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /TSU-CHANG LEE/ Primary Examiner, Art Unit 2128
Read full office action

Prosecution Timeline

May 11, 2023
Application Filed
Mar 31, 2026
Non-Final Rejection mailed — §112
Jun 30, 2026
Response Filed
Sep 02, 2026
Final Rejection mailed — §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12743608
NEURON CIRCUITS FOR A SPIKING NEURAL NETWORK BASED ON MAGNETIC-TUNNEL-JUNCTION LAYER STACKS CONNECTED IN SERIES
2y 11m to grant Granted Sep 22, 2026
Patent 12737623
REVERSE DATA GENERATION AND DATA DISTRIBUTION ANALYSIS TO VALIDATE ARTIFICIAL INTELLIGENCE MODEL
3y 5m to grant Granted Sep 15, 2026
Patent 12731017
CONIC PROGRAMMING BASED ON NEURAL NETWORK WITH SPIKING NEUROMORPHIC ARCHITECTURE
3y 4m to grant Granted Sep 08, 2026
Patent 12726722
ELECTRONIC SYSTEM CONFIGURED FOR IMAGE PROCESSING AND UTILIZING MULTIPLE BINARY NEURAL NETWORKS
3y 1m to grant Granted Sep 01, 2026
Patent 12718074
BLOCKING NEURAL NETWORKS FOR HIGH CAPACITY
3y 5m to grant Granted Aug 25, 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
73%
Grant Probability
86%
With Interview (+13.8%)
3y 6m (~1m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 432 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