Prosecution Insights
Last updated: July 17, 2026
Application No. 18/330,665

DYNAMIC AMELIORATION OF INDUSTRIAL ARTIFICIAL INTELLIGENCE ORCHESTRATOR SOFTWARE

Non-Final OA §102
Filed
Jun 07, 2023
Examiner
NAHAR, QAMRUN
Art Unit
Tech Center
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
621 granted / 705 resolved
+28.1% vs TC avg
Moderate +10% lift
Without
With
+9.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
13 currently pending
Career history
724
Total Applications
across all art units

Statute-Specific Performance

§101
5.9%
-34.1% vs TC avg
§103
47.4%
+7.4% vs TC avg
§102
34.4%
-5.6% vs TC avg
§112
7.4%
-32.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 705 resolved cases

Office Action

§102
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 . Claims 1-20 have been examined. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1, 3, 8, 10, 15 and 17 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Manuel-Debadoss (US 2024/0193277). Per Claim 1: Manuel-Debadoss teaches: - identifying a change in capability of at least one machine and/or internet-of-things (IoT) device of an industrial floor; identifying executable functionality resulting from the identified change; identifying one or more artificial intelligence (AI) software patches to perform the identified executable functionality ([0031] At block 215, in one embodiment, the PMS determines how to scan the target assets and selects relevant scanning modules for the target assets. ... [0032] With continued reference to FIG. 2, at block 220, the PMS initiates a scan of the target assets for security vulnerabilities using the selected subsets of scanning modules. In one embodiment, the scanning modules may be configured to analyze installed executable code in the target assets, create signatures for the executable code, and compare the signatures to signatures corresponding to the original code of the same software. If any signature of the installed executable code is different, meaning that the code has changed, then the scanning module determines if the installed code is a vulnerability or not. Other types of scans may include collecting hardware configurations and determining whether the hardware configurations are a vulnerability or not. These are just some of the data points that may be collected from the target assets by the scanning modules. [0035] At block 225, an initial list of security vulnerabilities found by the scan are generated and an initial list of patches including remediation actions to resolve the security vulnerabilities are generated. The initial list of patches and the associated remediation actions are provided by and obtained from the CVE database. For each vulnerability, the CVE database maintains remediation actions, which may include installing a specified patch. The remediation actions identify and describe recommended steps that should be performed in order to resolve a corresponding vulnerability. Example remediation actions may recommend installing an identified patch for upgrading an application to the latest version number, changing a network port configuration setting, installing one or more patches to fix bugs in an operating system, etc.) - and installing the identified one or more AI software patches within the at least one machine and/or IoT device ([0039] In one embodiment, the PMS includes an artificial intelligence (AI) prediction model that is configured and trained to predict which patches are applicable/relevant to a particular set of target assets. For example, the prediction model may be implemented with a Long Short-Term Memory (LSTM), which is a recurrent neural network (RNN) architecture. It has feedback connections, unlike other neural networks which have feedforward architecture to process inputs. [0056] With continued reference to FIG. 4, in one embodiment, each displayed asset/patch from the predicted list 400 includes approval options 430 such as an “approve” option and a “reject” option. These graphical options are configured to be selectable on the interactive graphical user interface (GUI) 405 by a stakeholder/user to either approve installation of a patch or reject installation of the patch. This functionality allows the stakeholder/user to select appropriate remediation actions to take to resolve the vulnerabilities. The GUI 405 and predicted list 400 may also include a “defer” option with each identified patch to defer the decision about a patch.). Per Claim 3: Manuel-Debadoss teaches: - wherein identifying the change in capability comprises at least one of identifying at least one input data gathering module of the at least one machine which is newly installed, upgraded, or decommissioned, detecting the addition or removal of the at least one machine and/or IoT device within the industrial floor, and identifying that the at least one IoT device requires a software update or decommissioning (par. 0035). Per Claims 8 & 10: These are system versions of the claimed method discussed above (claims 1 and 3, respectively), wherein all claim limitations also have been addressed and/or covered in cited areas as set forth above. Thus, accordingly, these claims are also anticipated by Manuel-Debadoss. Per Claims 15 & 17: These are product versions of the claimed method discussed above (claims 1 and 3, respectively), wherein all claim limitations also have been addressed and/or covered in cited areas as set forth above. Thus, accordingly, these claims are also anticipated by Manuel-Debadoss. Allowable Subject Matter Claims 2, 4-7, 9, 11-14, 16 and 18-20 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. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Carrara (US 2024/0176595) teaches a method for generating control programs for industrial controllers. Any inquiry concerning this communication or earlier communications from the examiner should be directed to QAMRUN NAHAR whose telephone number is (571)272-3730. The examiner can normally be reached Monday - Friday 8-4pm. 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, Lewis Bullock can be reached on (571)272-3759. 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. /QAMRUN NAHAR/Primary Examiner, Art Unit 2199
Read full office action

Prosecution Timeline

Jun 07, 2023
Application Filed
Nov 28, 2023
Response after Non-Final Action
Jul 02, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
88%
Grant Probability
98%
With Interview (+9.8%)
3y 2m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 705 resolved cases by this examiner. Grant probability derived from career allowance rate.

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