Prosecution Insights
Last updated: August 17, 2026
Application No. 18/339,641

DETECTING DEVICE, DETECTING METHOD, MACHINE LEARNING DEVICE, MACHINE LEARNING METHOD, AND MACHINE LEARNING MODEL

Final Rejection §103
Filed
Jun 22, 2023
Priority
Jun 24, 2022 — JP 2022-101995
Examiner
TAN, DAVID H
Art Unit
2145
Tech Center
2100 — Computer Architecture & Software
Assignee
Rakuten Group Inc.
OA Round
2 (Final)
32%
Grant Probability
At Risk
3-4
OA Rounds
10m
Est. Remaining
49%
With Interview

Examiner Intelligence

Grants only 32% of cases
32%
Career Allowance Rate
34 granted / 106 resolved
-22.9% vs TC avg
Strong +17% interview lift
Without
With
+17.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 12m
Avg Prosecution
23 currently pending
Career history
143
Total Applications
across all art units

Statute-Specific Performance

§101
6.0%
-34.0% vs TC avg
§103
69.3%
+29.3% vs TC avg
§102
20.6%
-19.4% vs TC avg
§112
3.3%
-36.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 106 resolved cases

Office Action

§103
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 . Response to Amendment This Final Rejection is filed in response to Applicant Arguments/Remarks Made in an Amendment filed 04/29/2026. Claims 1, 11, 12, 13, 14, and 15 are amended. New Claims 16-17 are added. The U.S.C. 112(b) rejection is respectfully withdrawn in light of the amendments. Claims 1-17 remain pending. Response to Arguments Argument 1, Applicant argues in Applicant Arguments/Remarks Made in an Amendment filed 04/29/2026, pg. 9-11 the prior art fail to teach the primary claim limitation, “wherein the second machine learning model includes a plurality of discriminators, each discriminator corresponding to a respective modality of the article information and configured to output a probability that information of the respective modality is genuine”. Response to Argument 1, applicant’s arguments have been considered however in light of the amendments a newly found combination of prior art (U.S. Patent Application Publication NO. 20190236614 “Burgin” in light of Ben-Yosef, M., & Weinshall, D. (2018). Gaussian Mixture Generative Adversarial Networks for Diverse Datasets, and the Unsupervised Clustering of Images. ArXiv.org. https://arxiv.org/abs/1808.10356) is applied to updated rejections. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 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) 1-3, 5, 7-8, & 11-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication NO. 20190236614 “Burgin” in light of Ben-Yosef, M., & Weinshall, D. (2018). Gaussian Mixture Generative Adversarial Networks for Diverse Datasets, and the Unsupervised Clustering of Images. ArXiv.org. https://arxiv.org/abs/1808.10356, hereinafter “Ben-Yousef”. Claim 1: Burgin teaches a detecting device comprising: a second machine learning model provided for mutual learning together with a first machine learning model, the first machine learning model being subjected to machine learning so as to generate genuine or fraudulent article information having a plurality of modalities, and the second machine learning model being subjected to machine learning so as to discriminate whether article information having a plurality of modalities is genuine or not (i.e. para. [0038], “The Generative Adversarial Network (GAN) subsystem 130, discussed in more detail with respect to FIG. 5, may include a generator that generates simulated counterfeit images and a discriminator that trains on these and/or images of actual fake items to classify input images as those of faked or genuine items”, wherein the BRI for article information having a plurality of modalities encompasses the how a photograph image with text may be an article of information, in which the generated images and associated information generated by a first generator MLM is ingested by a second discriminator MLM with an OCR module); wherein the second machine learning model includes information and configured to output a probability that information of the respective modality is genuine (i.e. para. [0028], “The system may use advanced convolutional neural network (CNN) models tuned to first detect a counterfeit good and unique preprocessing used to perform fake classification. Various techniques, such as material texture, pattern recognition, precise object geometry, and object feature position, may be utilized by the system. In an example, the system may identify fake goods, such as fake medicine products using supervised learning”, wherein the it is noted that a plurality of techniques are evaluated and combined for each modality of texture, pattern, and OCR and are used in combination when determining the probability of a fake classification), and the second machine learning model is configured to output a probability that the article information is genuine based on outputs (i.e. para. [0061], “ the discriminator 506 may generate an output based on convolutional processing of an input image of an item being undergoing counterfeit analysis, the output including a prediction of whether the item is a counterfeit. … The convolutional layers output 509 may each reflect an analysis of a respective portion of an input image”, wherein it is noted that the system is multimodal as it generates probabilities for each element (stitching, graphics, text, etc.) and passes them to a classifier which weights the various modalities to reach an overall determination of whether the item is genuine); at least one memory configured to store program code; at least one processor configured to operate as instructed by the program code (i.e. para. [0071], The memory 110 may be, for example, Random Access memory (RAM), an Electrically Erasable Programmable Read-Only Memory (EEPROM), a storage device, an optical disc, and the like. The computer readable storage medium 1104 may be a non-transitory machine-readable storage medium, where the term “non-transitory” does not encompass transitory propagating signals), the program code including; obtaining code configured to cause at least one of the at least one processor to obtain the article information having a plurality of modalities (i.e. para. [0047], The generator 502 may generate simulated counterfeit images 503, which may be used to train the discriminator 506. The discriminator 506, trained from the simulated counterfeit images 503 and/or actual counterfeit images 505 from the counterfeit images repository 504); and an estimating code configured to cause at least one of the at least one processor estimate whether the article information that is obtained and has the plurality of modalities is genuine or not, by using the second machine learning model (i.e. para. [0061], the discriminator 506 may generate an output based on convolutional processing of an input image of an item being undergoing counterfeit analysis, the output including a prediction of whether the item is a counterfeit). While Burgin teaches using a discriminator using and evaluating plurality of modalities, Burgin may not explicitly teach a plurality of discriminators, each discriminator corresponding to a respective modality of the article information, the second machine learning model is configured to output a probability that the article information is genuine based on outputs of the plurality of discriminators. However, Ben-Yosef teaches a plurality of discriminators, each discriminator corresponding to a respective modality of the article information (i.e. pg. 4, “In the supervised setting, we change the GM-GAN’s discriminator sonthat instead of returning a single scalar, it returns a vector o ∈ RN where N is the number of classes in the dataset…. this modification can be thought of as having N binary discriminators, where each discriminator i is trained to separate real samples of class i from fake samples of class i and from real samples of classes other than class I”, wherein the BRI for a plurality of discriminators for each respective modality encompasses N binary discriminator for each class i), the second machine learning model is configured to output a probability that the article information is genuine based on outputs of the plurality of discriminators (i.e. pg. 5, Here x denotes an image sampled from the Generator, p(y|x) denotes the inferred class label probability given x by the Inception network). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to add a plurality of discriminators, each discriminator corresponding to a respective modality of the article information, the second machine learning model is configured to output a probability that the article information is genuine based on outputs of the plurality of discriminators, to Burgin’s system considers all the modalities when discriminating, with how a discriminator may be a plurality of discriminators for each modality, as taught by Ben-Yosef. One would have been motivated to combine Ben-Yosef with Burgin, and would have had a reasonable expectation of success in doing so as using techniques may improve the performance of GANs when the training dataset has large inter-class and intra-class diversity. Claim 2: Burgin and Ben-Yousef teach the detecting device according to claim 1, wherein the first machine learning model is subjected to machine learning so as to generate fraudulent article information obtained by editing and processing at least part of genuine article information having a plurality of modalities (i.e. para. [0020], , the generator may take as input parameters from human users that direct the generator to make certain changes to a genuine image to create a simulated counterfeit image. For instance, the parameter may specify that a font recognized on a genuine image of a pill be adjusted to create a simulated counterfeit image of the pill). Claim 3: Burgin and Ben-Yousef teach the detecting device according to claim 1, wherein the article information having a plurality of modalities includes image data representing an article image (i.e. para. [0035], supervised learning is done through a database maintained containing item information such as description and unique identifier information. This is linked to photographs and text examples and explanations of counterfeiting of that item. This is in addition to images and text descriptions of the genuine item). Claim 5: Burgin and Ben-Yousef teach the detecting device according to claim 1. Burgin further teaches wherein the article information having a plurality of modalities includes text data representing an article descriptive sentence (i.e. para. [0035], “a database maintained containing item information such as description and unique identifier information. This is linked to photographs and text examples and explanations of counterfeiting of that item. This is in addition to images and text descriptions of the genuine item”, wherein the BRI for an article descriptive sentence encompasses a text description). Claim 7: Burgin and Ben-Yousef teach the detecting device according to claim 1. Burgin further teaches wherein the article information having a plurality of modalities includes attribute data representing an article category (i.e. para. [0028], “the discriminator 506 may compare the features of the counterfeit images with the features identified from the known good images of the item. For example, the discriminator 506 may compare specific regions of an imaged item. Such regions may correspond to circularity or shape features of a pill, a partition of the pill, a specific attribute of the pill, and/or other features”, wherein the BRI for article category encompasses attribute information regarding the article of information such as the type or shape of medicine being analyzed). Claim 8: Burgin and Ben-Yousef teach the detecting device according to claim 1. Burgin further teaches wherein the article information having a plurality of modalities includes numerical data representing a shipment timing (i.e. para. [0030], statistical models based on geography, shipping route, and frequency of fraud for an item can also generate a probability of fraud and feed into classification and probability determination techniques. Also, shipping route information such as start of item journey and intermediaries may also be used). Claim 11: Claim 11 is the method claim reciting similar limitations to claim 1 and is rejected for similar reasons. Claim 12: Claim 12 is the medium claim reciting similar limitations to claim 1 and is rejected for similar reasons. Claim 13: Claim 13 is the device claim reciting similar limitations to claim 1 and is rejected for similar reasons. Claim 14: Claim 14 is the method claim reciting similar limitations to claim 1 and is rejected for similar reasons. Claim 15: Claim 15 is the model claim reciting similar limitations to claim 1 and is rejected for similar reasons. Claim 16: Burgin and Ben-Yousef teach the detecting device according to claim 1. Burgin further teaches wherein the first machine learning model includes a plurality of information generation sections, and each of the information generation sections generates information of a corresponding modality of the genuine or fraudulent article information (i.e. para. [0038], “Each convolutional layer output may reflect a weighted output that is based on a relative importance of a decision from each convolutional layer. The GAN subsystem 130 may further integrate an explainable AI feature in which the reasons for the classification may be interrogated by a classification activation module and used to solicit feedback from subject matter experts. The feedback may indicate whether or not various weighted decisions were appropriate”, wherein the various section process information across different modalities for both genuine and fraudulent items in order to produced data necessary for the system to determine authenticity). Claim 17: Burgin and Ben-Yousef teach the detecting device according to claim 16. Burgin further teaches Ben-Yousef further teaches wherein the discriminators of the second machine learning model are configured to output a probability that information of the respective modality is genuine, for the information generated by the respective corresponding information generation sections (i.e. pg. 5, Here x denotes an image sampled from the Generator, p(y|x) denotes the inferred class label probability given x by the Inception network). Claim(s) 4 & 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over and further in light of U.S. Patent Application Publication NO. 20190236614 “Burgin”, in light of Ben-Yosef, M., & Weinshall, D. (2018). Gaussian Mixture Generative Adversarial Networks for Diverse Datasets, and the Unsupervised Clustering of Images. ArXiv.org. https://arxiv.org/abs/1808.10356, hereinafter “Ben-Yousef”, and further in light of Hu, L., Wei, S., Zhao, Z., & Wu, B. (2022). Deep learning for fake news detection: A comprehensive survey. AI Open. https://doi.org/10.1016/j.aiopen.2022.09.001, hereinafter “Hu”. Claim 4: Burgin and Ben-Yousef teach the detecting device according to claim 1. However, Burgin may not explicitly teach wherein the article information having a plurality of modalities includes text data representing an article title. However, Hu teaches wherein the article information having a plurality of modalities includes text data representing an article title (i.e. [6.1 Dataset], “We summarize representative datasets in the field of fake news as follows… Ti-CNN (Yang et al., 2018) is a multimodal dataset for detecting fake news. The dataset contains a total of 20,015 news items, of which 11,941 are fake and 8074 are true. Each news article in the dataset includes a title, text, image, and author information”, wherein a GAN or CNN-based approach may receive event posts as a dataset to generate representations of the events). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to add wherein the article information having a plurality of modalities includes text data representing an article title, to Burgin-Ben-Yousef’s system that generates articles with a plurality of information including text data, a generator may intake real and fake article titles and generate representative article data in order to take a GAN or CNN-based approach to training a model to detect and differentiate fake and genuine news articles, as taught by Hu. One would have been motivated to combine Hu with Burgin-Ben-Yousef, and would have had a reasonable expectation of success in doing so as using techniques such as the introduction of multi-modal information, external knowledge, and integration strategy have been explored to carry out better performance. Claim 9: Burgin and Ben-Yousef teach the detecting device according to claim 1. Burgin may not explicitly teach wherein the article information having a plurality of modalities includes attribute data representing an attribute of an exhibitor or a seller. However, Hu teaches wherein the article information having a plurality of modalities includes attribute data representing an attribute of an exhibitor or a seller (i.e. [5.1.2 Weak Social Supervision], “The following work (Shu et al., 2019b) is a typical work to leverage social context information as constraints… Secondly, politically biased publishers are more probably to create fake stories. Thirdly, users with low trustworthiness are more likely to propagate fake news… the presentation of news must take into consideration the publisher’s political leaning; on the other hand, for the spreading relationship, constraining that the news presentation and user representation are close to each other if the news is fake and the user is less-credible, and vice versa”, wherein information attributes affecting if an article is genuine or fake encompasses social context attributes related to a publisher or publisher’s network of an article). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to add wherein the article information having a plurality of modalities includes attribute data representing an attribute of an exhibitor or a seller, to Burgin-Ben-Yousef’s system that generates articles with a plurality of information including text data, with how a discriminator may user attribute data of an exhibitor publisher to detect and differentiate fake and genuine news articles, as taught by Hu. One would have been motivated to combine Hu with Burgin-Ben-Yousef, and would have had a reasonable expectation of success in doing so as using techniques such as the introduction of multi-modal information, external knowledge, and integration strategy have been explored to carry out better performance. Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over in light of U.S. Patent Application Publication NO. 20190236614 “Burgin”, in light of Ben-Yosef, M., & Weinshall, D. (2018). Gaussian Mixture Generative Adversarial Networks for Diverse Datasets, and the Unsupervised Clustering of Images. ArXiv.org. https://arxiv.org/abs/1808.10356, hereinafter “Ben-Yousef”, and further in light of U.S. Patent Application Publication NO. 20210125031 “Keng”. Claim 6: Burgin and Ben-Yousef teach the detecting device according to claim 1. Burgin may not explicitly teach wherein the article information having a plurality of modalities includes numerical data representing an article price. However, Keng teaches wherein the article information having a plurality of modalities includes numerical data representing an article price (i.e. para. [0051], “Other approaches generate plausible customer e-commerce orders for a given product using a Generative Adversarial Network (GAN). Given a product embedding, some approaches generate a tuple containing a product embedding, customer embedding, price, and date of purchases, which summarizes a typical order. This approach using a GAN can provide insights into product demand, customer preferences, price estimation and seasonal variations by simulating what are likely potential order”, wherein the G aims to produce realistic samples from this distribution while a discriminator D tries to differentiate fake samples from real samples. By alternating optimization steps between the two components, the generator ultimately learns the distribution of the real data). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to add wherein the article information having a plurality of modalities includes numerical data representing an article price, to Burgin- Ben-Yousef’s system that generates articles with a plurality of information in order to discriminate real and fake items, with how a GAN may use numerical price data differentiate real and fake articles of data, as taught by Keng. One would have been motivated to combine Keng with Burgin-Ben-Yousef, and would have had a reasonable expectation of success in doing so as the additional consideration of price results in better generated samples that are more similar to a real data distribution. Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over in light of U.S. Patent Application Publication NO. 20190236614 “Burgin”, in light of Ben-Yosef, M., & Weinshall, D. (2018). Gaussian Mixture Generative Adversarial Networks for Diverse Datasets, and the Unsupervised Clustering of Images. ArXiv.org. https://arxiv.org/abs/1808.10356, hereinafter “Ben-Yousef”, and further in light of U.S. Patent Application Publication NO. 20210019339 “Ghulati”. Claim 10: Burgin and Ben-Yousef teach the detecting device according to claim 1. Burgin may not explicitly teach wherein the article information having a plurality of modalities includes numerical data representing an evaluation given to an exhibitor or a seller. However, Ghulati teaches wherein the article information having a plurality of modalities includes numerical data representing an evaluation given to an exhibitor or a seller (i.e. para. [0253], “a method and system for assessing the quality of content generated by a user and their position within a credibility graph in order to generate a reliable credibility score is provided. The credibility score may be determined for a person, organization, brand or piece of content by means of calculation using a combination of extrinsic signals, content signals… The method may be further capable of determining a credibility score of the user of the generated content by the combination of the score indicative of the credibility of the content and the score indicative of the credibility of the user”, wherein the BRI numerical data encompasses the credibility score associated with an article published by an organization). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to add wherein the article information having a plurality of modalities includes numerical data representing an evaluation given to an exhibitor or a seller, to Burgin- Ben-Yousef’s system that generates articles with a plurality of information including text data, with how a discriminator may include intaking associate article information including a numerical data value representing a credibility given to an organization or person related to the article, as taught by Ghulati. One would have been motivated to combine Burgin-Ben-Yousef with Ghulati, and would have had a reasonable expectation of success in doing so as the additional consideration of credibility scoring may encourage the prevention of abuse and toxicity within online platforms. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patent Application Publication No. 20200184212 “Anthony” teaches in para. [0028], , the synthetic training documents generated in the previous step are used to train a fraud classification model. The fraud classification model may be any Al or machine learning model that takes one or more documents as input and outputs a classification for the one or more documents. The classification may identify the document(s) as potentially fraudulent or not. 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 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 DAVID H TAN whose telephone number is (571)272-7433. The examiner can normally be reached M-F 7:30-4:30. 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, Cesar Paula can be reached at (571) 272-4128. 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. /D.T./Examiner, Art Unit 2145 /CESAR B PAULA/Supervisory Patent Examiner, Art Unit 2145
Read full office action

Prosecution Timeline

Jun 22, 2023
Application Filed
Feb 02, 2026
Non-Final Rejection mailed — §103
Apr 29, 2026
Response Filed
Jul 07, 2026
Final Rejection mailed — §103
Jul 27, 2026
Examiner Interview Summary
Jul 27, 2026
Examiner Interview (Telephonic)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12699937
PRODUCTION SCHEDULE CHANGE ASSISTANCE APPARATUS, PRODUCTION SCHEDULE CHANGE ASSISTANCE METHOD, PROGRAM THEREFOR, AND PRODUCTION MANAGEMENT SYSTEM
4y 5m to grant Granted Aug 04, 2026
Patent 12675250
Display Device Control
4y 0m to grant Granted Jul 07, 2026
Patent 12645980
DATA META-MODEL BASED FEATURE VECTOR SET GENERATION FOR TRAINING MACHINE LEARNING MODELS
5y 4m to grant Granted Jun 02, 2026
Patent 12626184
ELECTRONIC DEVICE FOR UPDATING ARTIFICIAL INTELLIGENCE MODEL AND OPERATING METHOD THEREOF
4y 6m to grant Granted May 12, 2026
Patent 12626097
Ensemble Time Series Model for Forecasting
4y 0m to grant Granted May 12, 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
32%
Grant Probability
49%
With Interview (+17.1%)
3y 12m (~10m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 106 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