Prosecution Insights
Last updated: April 19, 2026
Application No. 18/353,912

COMPUTER-READABLE RECORDING MEDIUM HAVING STORED THEREIN MACHINE LEARNING PROGRAM, METHOD FOR MACHINE LEARNING, AND INFORMATION PROCESSING APPARATUS

Non-Final OA §101
Filed
Jul 18, 2023
Examiner
TRAN, TAN H
Art Unit
2141
Tech Center
2100 — Computer Architecture & Software
Assignee
Fujitsu Limited
OA Round
1 (Non-Final)
60%
Grant Probability
Moderate
1-2
OA Rounds
3y 6m
To Grant
92%
With Interview

Examiner Intelligence

Grants 60% of resolved cases
60%
Career Allow Rate
184 granted / 307 resolved
+4.9% vs TC avg
Strong +32% interview lift
Without
With
+31.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
60 currently pending
Career history
367
Total Applications
across all art units

Statute-Specific Performance

§101
14.4%
-25.6% vs TC avg
§103
55.3%
+15.3% vs TC avg
§102
19.2%
-20.8% vs TC avg
§112
6.1%
-33.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 307 resolved cases

Office Action

§101
2/ Notice of Pre-AIA or AIA Status 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. DETAILED ACTION 2. This action is in response to the original filing on 07/18/2023. Claims 1-20 are pending and have been considered below. Information Disclosure Statement 3. The information disclosure statement (IDS(s)) submitted on 07/18/2023 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Specification 4. The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Appropriate correction is required. Claim Objections 5. Claims 1, 3-4, 8, 10-11, 15, and 17-18 are objected to because of the following informalities: Claims 1, 3, 8, 10, 15, and 17 recite “the padding layer” where “the padding layers” was apparently intended. Claims 4, 11, and 18 recite “the tensor V” where “the tensor VT” was apparently intended. Claims 3, 10, and 17 recite “a plurality heads” where “a plurality of heads” was apparently intended. Claim Rejections - 35 USC § 101 6. 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. Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to the abstract idea without significantly more. S tep 1 , the claims are directed to a machine, process, and manufacture. S tep 2A Prong 1, Claims 1, 8, and 15 recite, in part padding a tensor QT included in a reduced Q layer in which one or more elements are reduced based on a first reduction ratio and a tensor KT included in a reduced K layer in which one or more elements are reduced based on a second reduction ratio with the padding layers associated one with each of the reduced Q layer and the reduced K layer such that the tensor QT has a number of elements same as a number of elements that the tensor KT has (Mathematical concepts, mathematical operations) . Step 2A Prong 2 , this judicial exception is not integrated into a practical application. The additional elements: a computer, a memory; and a processor coupled to the memory, the processor being configured to execute a process (mere instructions to apply the exception using a generic computer component). inserting padding layers into a downstream side of each of a Q layer and a K layer, the padding layer padding one or more elements of a tensor, the Q layer outputting a Query, the K layer outputting a Key, the Query and the Key being a result of an arithmetic operating process on an input tensor in an attention mechanism in the trained machine learning model of a neural network having the attention mechanism (insignificant extra-solution activity). Step 2B , the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception, either alone or in combination. The additional elements: a computer, a memory; and a processor coupled to the memory, the processor being configured to execute a process (mere instructions to apply the exception using a generic computer component). inserting padding layers into a downstream side of each of a Q layer and a K layer, the padding layer padding one or more elements of a tensor, the Q layer outputting a Query, the K layer outputting a Key, the Query and the Key being a result of an arithmetic operating process on an input tensor in an attention mechanism in the trained machine learning model of a neural network having the attention mechanism (insignificant extra-solution activity). Claims 2-7, 9-14, and 16-20 provide further limitations to the abstract idea ( Mathematical concepts and/or Mental processes ) as rejected in claims 1, 8, 15, however, they do not disclose any additional elements that would amount to a practical application or significantly more than an abstract idea ( data gathering / insignificant extra-solution activity and/or generic computer component ). Allowable Subject Matter Claims 1-20 would be in condition for allowance if the 35 U.S.C. § 101 rejection for being directed to an abstract idea is overcome and the claim objections are corrected. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Thorsley et al. (Pub. No. US 20220374766 A1), An architecture and method are disclosed to reduce computation in a self-attention model. The self-attention model is trained using multiple sub-models; each sub-model receiving an input sequence of tokens; each input sequence of tokens being scored within each sub-model to provide a token score for each sub-model; each sub-model having a predetermined threshold score. Alnahari et a. (Pub. No. US 20250068914 A1), data padding may be required at the edges of a tensor slice or edge of a tensor slice segment. Koyuncu et a. (Pub. No. US 20240244274 A1), padding the beginning of the arrangement of the plurality of segments with a zero segment before processing by the neural network. Werkman et a. (Pub. No. US 20240184254 A1), Each hidden layer may be of the same length, with zero padding (in a convolutional layer, the amount of padding may be the kernel length minus one) being used to keep the output of the layers the same length. Thus, the outputs and inputs to each layer correspond to respective ones of the first times. Each component of the convolution is generated based on a kernel (with filter size k), based on k values from the preceding layer. These k values are preferably pairwise spaced apart in the set of first times by d−1 positions, where d is a dilation parameter. Choudhury et a. (Pub. No. US 20240127049 A1), an input sequence for the neural network is padded to a fixed length. A padding mask is generated, identifying the part of the padded input sequence that contains the padding values. An attention mask is generated from the padding mask, using an outer product operation. It is noted that any citation to specific pages, columns, lines, or figures in the prior art references and any interpretation of the references should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. In re Heck , 699 F.2d 1331, 1332-33, 216 U.S.P.Q. 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson , 397 F.2d 1006, 1009, 158 U.S.P.Q. 275, 277 (C.C.P.A. 1968)). Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAN TRAN whose telephone number is (303)297-4266. The examiner can normally be reached on Monday - Thursday - 8:00 am - 5:00 pm MT. 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, Matt Ell can be reached on 571-270-3264. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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. /TAN H TRAN/ Primary Examiner, Art Unit 2141
Read full office action

Prosecution Timeline

Jul 18, 2023
Application Filed
Feb 24, 2026
Non-Final Rejection — §101 (current)

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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
60%
Grant Probability
92%
With Interview (+31.8%)
3y 6m
Median Time to Grant
Low
PTA Risk
Based on 307 resolved cases by this examiner. Grant probability derived from career allow rate.

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