Prosecution Insights
Last updated: May 04, 2026
Application No. 18/351,707

METHOD AND SYSTEM FOR PROVIDING COMPUTING DEVICE FOR EACH COMPUTING POWER BASED ON PREDICTION OF COMPUTING POWER REQUIRED FOR FULLY HOMOMORPHIC ENCRYPTION IN A CLOUD ENVIRONMENT

Non-Final OA §103
Filed
Jul 13, 2023
Priority
Jul 13, 2022 — RE 10-2022-0086397
Examiner
AVERY, BRIAN WILLIAM
Art Unit
2495
Tech Center
2400 — Computer Networks
Assignee
Crypto Lab Inc.
OA Round
3 (Non-Final)
64%
Grant Probability
Moderate
3-4
OA Rounds
3m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allowance Rate
51 granted / 80 resolved
+5.8% vs TC avg
Strong +51% interview lift
Without
With
+51.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
36 currently pending
Career history
116
Total Applications
across all art units

Statute-Specific Performance

§101
4.0%
-36.0% vs TC avg
§103
67.1%
+27.1% vs TC avg
§102
8.8%
-31.2% vs TC avg
§112
19.5%
-20.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 80 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 . This office action is in response to the amendment filed on 01/15/2026 and RCE filed 02/11/2026. Claims 1-19 are currently pending in the filing of 01/15/2026, claims 1-19 were pending in the previous filing of 7/22/2025. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/11/2026 has been entered. Response to Applicant’s Amendments / Arguments Regarding 35 U.S.C. § 103 The applicant’s remarks, on pages 6-9 of the response / amendment, the applicant argues the features which allegedly distinguish over the previously cited references cited in the 35 U.S.C. § 103 rejections. Applicant’s arguments have been considered but are moot in view of the new ground(s) of rejection. 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. Claims 1-3, 10-11, and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over US 20190155643 to Bhageria et al. (hereinafter Bhageria), in view of US 20230421350 to Soceanu et al. (hereinafter Soceanu). Regarding claim 1, Bhageria teaches, A computing device providing method performed by a computer device having at least one processor and implementing at least one node in a cloud environment, the method comprising: (Bhageria, fig. 3, teaches the cloud environment. [0029-30] teaches the use of nodes.) (The printed publication of the application at fig. 3 and [0060-61] describes the node 320 being implemented by a plurality of “computer devices” that may correspond to “computer device” 200 of fig. 2; and [0072] describes the “computer device” (nodes) recommending the “computing device” that processes the homomorphic encryption operation requested through the management tool 330 of the “client”.) providing, to a client device, (fig. 1, devices 54.) a management tool (Bhageria, fig. 3, analyzer 116) including an application function of a at least one computing device for processing a homomorphic encryption operation; (Bhageria, figs. 3, Abstract, [0045-47] teach processing homomorphic operations using analyzer 116. See also fig. 4 and [0060-61] teach processing homomorphic operations and selecting based on cost.) wherein the management tool: enables the client device to select the homomorphic encryption operation that includes searching for information on the homomorphic encryption operation or information on encrypted data to be processed through the homomorphic encryption operation; (fig. 4, teaches searching through options, applying encryption in 146 and 150 vs 148 and 152 where the private cloud is used, and then processing at 138. [0046] teaches using a combination of public and private cloud options.) recommends, to the client device, the at least one computing device having computing (Bhageria, fig. 4, Abstract, and [0060-61] teach, at 124 storage only option regarding 126 to 130 and storage and processing option at 132 and after as discussed in [0060-61] which takes cost of different homomorphic encryptions shown in 146 and 150 including cost of using resources and computation costs, including comparison of SWHE and FHE encryption with different security markers, and the selection of the appropriate resources based on security needs and cost. [0046] teaches using a combination of public and private cloud options.) Bhageria fails to explicitly teach performing the resource intensive computation based on power / computational efficiency, However, Soceanu teaches, wherein the management tool: enables the client device to select the homomorphic encryption operation that includes searching for information on the homomorphic encryption operation or information on encrypted data to be processed through the homomorphic encryption operation; (Abstract teaches a system for evaluating and selecting an optimal solution for data run through fully homographic encryption (FHE). Fig. 2 teaches receive user requirements data set. [0003] teaches the user requirement that are used to evaluate the details of configurations for FHE. See also at least [0033-34] and fig. 4. [0036] teaches that the real computation time would be an hour while the evaluation takes one second to perform, to select the most efficient homomorphic parameters and operations.) recommends, to the client device, the at least one computing device having computing power capable for processing of the homomorphic encryption operation selected by the client device through the (Abstract and [0003] teach multiple configurations being simulated, and a cost evaluation module (see fig. 4) to consider the different configurations, where the Abstract specifically teaches system for evaluating and selecting an optimal packing solution for data that is run through a FHE simulation / “recommends, … . [0003] includes the modules of fig. 4. [0077] teaches selecting computing power supply to perform complex processing that is resource intensive.) enables the client device to select the at least one computing device recommended by the (Abstract, teaches user selected model. fig. 2 & [0038] teaches S255-S270 simulation produces cost value score acceptable to user, producing optimal configuration S275 for selection by the user. [0052] teaches the use of deep neural networks for complex models, where the neural network include the “computing device”. Examiner asserts that fig. 4 teaches a management tool provided outside of the client, which performs the steps of fig. 2.) Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to combine the teachings of Bhageria, which teaches performing evaluation of different homomorphic encryption operations (Abstract) and evaluating the cost of the operations to select the most efficient operations (fig. 4 & [0060-61]) based on an analyzer performing cost analysis ([0045-47]), with Soceanu, which also teaches homomorphic encryption (Abstract), and additionally teaches evaluation using a simulator of different techniques to use homomorphic encryption, where the simulation determines the different costs of the different techniques / configuration (figs. 2 & 4) and the use of power ([0077]). One of ordinary skill in the art would have been motivated to perform such an addition to provide Bhageria with the added ability determine, using different simulations, the costs of the simulations and optimal solutions based on costs, where the user may select the solution, as taught by Soceanu, to increase computational efficiency by selecting the optimal profile / solution. Regarding claim 2, Bhageria and Soceanu teach, The computing device providing method of claim 1, wherein the computing device includes a virtual device provisioned with an environment for processing of the homomorphic encryption operation. (Bhageria, fig. 3 teaches the cloud network. [0013] teaches use of virtual machines.) Regarding claim 3, Bhageria and Soceanu teach, The computing device providing method of claim 2, wherein the environment for processing of the homomorphic encryption operation includes an environment in which a library for the homomorphic encryption is installed. (Soceanu, [0041] teaches a homomorphic encryption (HE) library of parameters.) Regarding claim 10, Bhageria and Soceanu teach, The computing device providing method of claim 1, wherein the management tool further includes a key generation function for generation of a key. (Bhageria, [0036] teaches encrypted data is encrypted with a public key, which would inherently have to be generated.) Regarding claim 11, Bhageria and Soceanu teach, The computing device providing method of claim 1, wherein the management tool further includes encryption and decryption functions for encryption and decryption of data for the homomorphic encryption operation.. (Soceanu, [0035-36] teaches encrypting the model, and [0035] teaches decrypting the partial results. [0036] teaches the evaluations estimates that the encrypted model would take an hour to run, while the evaluation only takes one second to run.) (Bhageria, Abstract, teaches homomorphic encryption.) Regarding claim 13, Bhageria and Soceanu teach, A non-transitory computer-readable recording medium storing instructions that, when executed by a processor, cause the processor to perform the computing device providing method of claim 1. (Soceanu, [0011] teaches a computer readable medium that is non-transitory.) Regarding claim 14, Bhageria and Soceanu teach, A computer device comprising: at least one processor configured to execute computer-readable instructions in the computer device that implements at least one node included in a cloud environment, (Soceanu, [0011] teaches a computer readable medium that is non-transitory.) wherein the at least one processor is configured to: provide, to a client device, a management tool including an application function of at least one computing device that processes a homomorphic encryption operation, enable the client device to select the homomorphic encryption operation that includes searching for information on the homomorphic encryption operation or information on encrypted data to be processed through the homomorphic encryption operation; recommend, to the client device, the at least one computing device having computing power capable of processing the homomorphic encryption operation selected through the management tool; and enable the client device to select the at least one computing device recommended by the management tool. Claim 14 is rejected using the same basis of arguments used to reject claim 1 above. Regarding claim 15, Bhageria and Soceanu teach, The computer device of claim 14, wherein the computing device includes a virtual device provisioned with an environment for processing of the homomorphic encryption operation. Claim 15 is rejected using the same basis of arguments used to reject claim 2 above. Claims 4-6, 8, 16, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Bhageria, in view of Soceanu, in view of US 20220116198 to Na et al. (hereinafter Na). Regarding claim 4, Bhageria and Soceanu teach, The computing device providing method of claim 1, Bhageria and Soceanu fail to explicitly teach the specifics of selecting different types of homomorphic operations, However, Na teaches, wherein the recommending of the computing device is based on at least one of a type of the homomorphic encryption operation, a number of homomorphic encryption operations, a homomorphic encryption scheme, and a type of a parameter of homomorphic encryption. ([0007] teaches selecting the appropriate circuit based on the type of parameter (e.g., multiplication) that is being performed by the homomorphic circuit, based on ciphertext data, encryption information, and homomorphic operation information received. Fig. 2 teaches a homomorphic encryption processing server 100. This may be interpreted as the number of multiplications being 0 or 1. [0039] teaches the server performing the selection of the homomorphic operations to increase efficiency.) (The applicant’s printed publication at [0013] teaches a parameter may be number of multiplications allowed, speed, accuracy of operation, and capacity of homomorphic ciphertext, and rebooting) Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to combine the teachings of Bhageria, which teaches performing evaluation of different homomorphic encryption operations (Abstract) and evaluating the cost of the operations to select the most efficient operations (fig. 4 & [0060-61]) based on an analyzer performing cost analysis ([0045-47]), with Soceanu, which also teaches homomorphic encryption (Abstract), and additionally teaches evaluation using a simulator of different techniques to use homomorphic encryption, where the simulation determines the different costs of the different techniques / configuration (figs. 2 & 4) and the use of power ([0077]), with Na, which also teaches homomorphic encryption / operations (Abstract), and additionally teaches the selection of the appropriate circuits to perform particular homomorphic operations such as homomorphic multiplication ([0007]). One of ordinary skill in the art would have been motivated to perform such an addition to provide Bhageria and Soceanu with the added ability to select specific circuits to perform specific homomorphic operations, as taught by Na, for the purpose of increasing security by utilizing homomorphic encryption to perform analysis on data that is not decrypted, and increasing computational efficiency by selecting the most efficient resources to perform different types of homomorphic operations on the encrypted data. Regarding claim 5, Bhageria, Soceanu, and Na teach, The computing device providing method of claim 4, Na teaches, wherein the type of the parameter is classified according to at least one of a number of multiplication operations allowed, a speed of the homomorphic encryption operation, an accuracy of the homomorphic encryption operation, a capacity of homomorphic ciphertext, and an availability of bootstrap. ([0007] teaches selection of multiplication circuits, as discussed above in the rejection of claim 4. The examiner notes that the selection of 0 or 1 multiplication step is taught in [0007]. Also, [0007] teaches that bootstrapping is available.) Regarding claim 6, Bhageria, Soceanu, and Na teach, The computing device providing method of claim 4, wherein the recommending of the computing device further comprises Na teaches, recommending the computing device for processing of the requested homomorphic encryption operation based on at least one of a size of the encrypted data for the homomorphic encryption operation and an execution time expected for processing the homomorphic encryption operation. (Regarding time: [0056] teaches the homomorphic operation information including time / timing information of each operation, and [0057] teaches a homomorphic encryption processing server that uses the homomorphic operation information to enable / select the circuits that perform specific homomorphic operations, such as those shown in fig. 7. Regarding size: [0118] describe figs. 14-16 teaching learning using homomorphic operations. [0125-126] teaches selecting the structure of the network based on the size / type of data, with fig. 14 general neural network being used for audio data, where fig. 14 general neural network is not appropriate for image data), and thus, fig. 15 is applied to image data having multiple dimensions using a convoluted neural network (CNN). [0125] teaches the connections between the nodes are based on the class of data being input.) (Additionally, Fig. 15 and [0128] teach processing data having a size / volume of 32 pixels by 32 pixels with each pixel having 3 different colors. [0132] teaches applying different filters based on the size to create four 16 X 16 matrices based on using a 2 X 2 matrix on 32 X 32 data.) Regarding claim 8, Bhageria, Soceanu, and Na teach, The computing device providing method of claim 1, Na teaches, wherein the homomorphic encryption operation processed by the computing device includes at least one operation among a constant operation for constant data, a column operation for matrix-type data, a statistical operation using the matrix-type data for statistics of a target, a categorical operation for processing an operation on values that meet a condition among values of a specific column, and a machine learning operation for learning and inference of machine learning. (Regarding, “a column operation for matrix-type data”, [0128] teaches matrix operations, where a matrix teaches columns and rows. Regarding “a categorical operation for processing an operation on values that meet a condition among values of a specific column”, [0128] where the 32 X 32 matrix also includes three colors, which teaches categories that are conditions / colors. Regarding, “machine learning operation for learning and inference of machine learning”, [0118] teaches figs. 14-16 teach network structure used to perform deep learning by a homomorphic operation performing device according to example embodiments.) Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to combine the teachings of Bhageria, which teaches performing evaluation of different homomorphic encryption operations (Abstract) and evaluating the cost of the operations to select the most efficient operations (fig. 4 & [0060-61]) based on an analyzer performing cost analysis ([0045-47]), with Soceanu, which also teaches homomorphic encryption (Abstract), and additionally teaches evaluation using a simulator of different techniques to use homomorphic encryption, where the simulation determines the different costs of the different techniques / configuration (figs. 2 & 4) and the use of power ([0077]), with Na, which also teaches homomorphic encryption / operations (Abstract), and additionally teaches the use of matrix operations in deep learning using homomorphic encrypted data to preserve privacy of the original data ([0128]). One of ordinary skill in the art would have been motivated to perform such an addition to provide Bhageria and Soceanu with the added ability to select specific circuits to perform specific homomorphic operations, as taught by Na, for the purpose of increasing security by utilizing homomorphic encryption to perform analysis and learning on data the data that is not decrypted, and increasing computational efficiency by selecting the most efficient resources to perform different types of homomorphic operations on the encrypted data. Regarding claim 16, Bhageria, Soceanu, and Na teach, The computer device of claim 14, wherein, the requested homomorphic encryption operation is recommended based on at least one of a size of the encrypted data for the homomorphic encryption operation, (See rejection of claim 6) a type of the homomorphic encryption operation, (See rejection of claim 4) a number of homomorphic encryption operations, (See rejection of claim 4) an execution time expected for processing the homomorphic encryption operation, (See rejection of claim 6) a homomorphic encryption scheme, and a type of a parameter of homomorphic encryption. (See rejection of claim 4) Claim 16 is rejected using the same basis of arguments used to reject claims 4 and 6 above. Regarding claim 18, Bhageria, Soceanu, and Na teach, The computer device of claim 14, wherein the homomorphic encryption operation processed by the computing device includes at least one operation among a constant operation for constant data, a column operation for matrix-type data, a statistical operation using the matrix-type data for statistics of a target, a categorical operation for processing an operation on values that meet a condition among values of a specific column, and a machine learning operation for learning and inference of machine learning. Claim 18 is rejected using the same basis of arguments used to reject claim 8 above. Claims 7 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Bhageria, in view of Soceanu, in view of US 20230119749 to Micciancio et al. (hereinafter Micciancio). Regarding claim 7, Bhageria and Soceanu teach, The computing device providing method of claim 1, Bhageria and Soceanu fail to explicitly teach bootstrapping, However, Micciancio teaches, wherein the homomorphic encryption operation processed by the computing device includes an operation that requires bootstrap and an operation that does not require rebooting. (Abstract, teaches the use of bootstrapping when evaluating homomorphic operations.) (Applicant’s printed publication at [0006] describes rebooting as bootstrapping.) Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to combine the teachings of Bhageria, which teaches performing evaluation of different homomorphic encryption operations (Abstract) and evaluating the cost of the operations to select the most efficient operations (fig. 4 & [0060-61]) based on an analyzer performing cost analysis ([0045-47]), with Soceanu, which also teaches homomorphic encryption (Abstract), and additionally teaches evaluation using a simulator of different techniques to use homomorphic encryption, where the simulation determines the different costs of the different techniques / configuration (figs. 2 & 4) and the use of power ([0077]), with Micciancio, which also teaches performing homomorphic evaluation functions (Abstract), and additionally teaches the use of bootstrapping in the homomorphic computation and evaluation (Abstract). One of ordinary skill in the art would have been motivated to perform such an addition to provide Bhageria and Soceanu with the added ability to utilize bootstrapping when performing homomorphic computations, as taught by Micciancio, for the purpose of increasing security and computational efficiency. Regarding claim 17, Bhageria, Soceanu, and Micciancio teach, The computer device of claim 14, wherein the homomorphic encryption operation processed by the computing device includes an operation that requires bootstrap and an operation that does not require rebooting. Claim 17 is rejected using the same basis of arguments used to reject claim 7 above. Claims 9 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Bhageria, in view of Soceanu, in view of US 20170013160 to Yamano et al. (hereinafter Yamano). Regarding claim 9, Bhageria and Soceanu teach, The computing device providing method of claim 1, wherein the computing device providing method further comprises, in response to a selection on the recommended computing device through the management tool, . (see rejection of claim 1.) Bhageria and Soceanu fail to teach displaying the selected server, However, Yamano teaches, in response to a selection on the recommended computing device through the management tool, providing a virtual image of the selected computing device to the client device. ([0030] teach a management server that selects one or more servers for information processing. [0031-32] teach displaying information regarding the selected server.) Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to combine the teachings of Bhageria, which teaches performing evaluation of different homomorphic encryption operations (Abstract) and evaluating the cost of the operations to select the most efficient operations (fig. 4 & [0060-61]) based on an analyzer performing cost analysis ([0045-47]), with Soceanu, which also teaches homomorphic encryption (Abstract), and additionally teaches evaluation using a simulator of different techniques to use homomorphic encryption, where the simulation determines the different costs of the different techniques / configuration (figs. 2 & 4) and the use of power ([0077]), with Yamano, which also teaches external devices / servers processing information (fig. 1, multifunction machine 10), and additionally teaches displaying the selected server / device to the user to allow the user to confirm the selection ([0030-32]). One of ordinary skill in the art would have been motivated to perform such an addition to provide Bhageria and Soceanu with the added ability to have a user visually confirm a selection of an external device / server, as taught by Yamano, for the purpose of increasing security by allowing the user to confirm the external device that is used to process data. Regarding claim 19, Bhageria, Soceanu, and Yamano teach, The computer device of claim 14, wherein the at least one processor is configured to provide a virtual image of the selected computing device in response to a selection on the recommended computing device through the management tool. Claim 19 is rejected using the same basis of arguments used to reject claim 9 above. Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Bhageria, in view of Soceanu, in view of US 20200327250 to Wang et al. (hereinafter Wang). Regarding claim 12, Bhageria and Soceanu teach, The computing device providing method of claim 1, Bhageria and Soceanu fail to explicitly teach the return function of the computing device and the history of the function, However, Wang teaches, wherein the management tool further includes a return function of the computing device and a history management function according to application and return of the computing device. ([0399] teaches a return of results from the analysis device. [0397-398] and [0447] teach history of data / results being provided to devices.) Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to combine the teachings of Bhageria, which teaches performing evaluation of different homomorphic encryption operations (Abstract) and evaluating the cost of the operations to select the most efficient operations (fig. 4 & [0060-61]) based on an analyzer performing cost analysis ([0045-47]), with Soceanu, which also teaches homomorphic encryption (Abstract), and additionally teaches evaluation using a simulator of different techniques to use homomorphic encryption, where the simulation determines the different costs of the different techniques / configuration (figs. 2 & 4) and the use of power ([0077]), with Wang, which also teaches homomorphic encryption / operations ([0024-25]), and additionally teaches returning results to another device from analysis device and histories of data / results also being provided ([0399]). One of ordinary skill in the art would have been motivated to perform such an addition to provide Bhageria and Soceanu with the added ability to use histories and returning performed by the computing device (i.e., intermediary), as taught by Wang, for the purpose of increasing security by utilizing homomorphic encryption to perform analysis on data the is not decrypted, and increasing computational efficiency by selecting the most efficient resources to perform different types of homomorphic operations on the encrypted data while returning data from the intermediary device. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN WILLIAM AVERY whose telephone number is (571) 272-3942. The examiner can normally be reached on 9AM-5PM. 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, Farid Homayounmehr can be reached on (571) 272-3739. 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 https://ppair-my.uspto.gov/pair/PrivatePair. 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. /B.W.A./ /JASON K GEE/Primary Examiner, Art Unit 2495
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Prosecution Timeline

Jul 13, 2023
Application Filed
Apr 28, 2025
Non-Final Rejection — §103
Jul 22, 2025
Response Filed
Nov 13, 2025
Final Rejection — §103
Jan 15, 2026
Response after Non-Final Action
Feb 11, 2026
Request for Continued Examination
Feb 24, 2026
Response after Non-Final Action
Apr 04, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
64%
Grant Probability
99%
With Interview (+51.3%)
3y 1m (~3m remaining)
Median Time to Grant
High
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