Prosecution Insights
Last updated: October 02, 2026
Application No. 18/399,674

STATISTICAL SAMPLING USING REJECTION-FREE PARALLEL TRIAL MARKOV CHAIN MONTE CARLO PROCESSES

Final Rejection §101
Filed
Dec 28, 2023
Examiner
HICKS, AUSTIN JAMES
Art Unit
Tech Center
Assignee
Fujitsu Limited
OA Round
2 (Final)
75%
Grant Probability
Favorable
3-4
OA Rounds
5m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
315 granted / 420 resolved
+15.0% vs TC avg
Strong +26% interview lift
Without
With
+25.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
51 currently pending
Career history
469
Total Applications
across all art units

Statute-Specific Performance

§101
13.3%
-26.7% vs TC avg
§103
54.0%
+14.0% vs TC avg
§102
15.8%
-24.2% vs TC avg
§112
14.4%
-25.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 420 resolved cases

Office Action

§101
CTNF 18/399,674 CTNF 88484 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 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 an abstract idea of a mental concept and mathematical relationship without significantly more. The claims recite assigning replicas to temperatures, identifying a first replica, performing a Markov Chain Monte Carlo trial on the replicas; identifying a second trial; generating a representation; calculating multiplicities; applying multiplicities to a representation of a system; swapping temperatures, performing a second Markov Chain Monte Carlo trial; generating a representation of an end state; generating a random number; identifying bits; summing flag bits to calculate the first multiplicity; and determining minimum energy difference. This judicial exception is not integrated into a practical application because the additional claim elements of obtaining replicas and writing to memory are mere data gathering which is insignificant extra solution activity. MPEP 2106.05(g). The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements of a processor and memory are generic computer parts. MPEP 2106.05(h). There is no prior art rejection Physics-Inspired Optimization for Quadratic Unconstrained Problems Using a Digital Annealer by Aramon et al and Rejection-Free Monte Carlo Simulation of QUBO and Lechner–Hauke–Zoller Optimization Problems by Nambu are the closest prior art of record. Aramon teaches parts of claim 1. A method comprising: obtaining a plurality of replicas, wherein each replica of the plurality of replicas includes a plurality of bits that represent a respective estimated state of a system; (Aramon sec. 2.3 “multiple replicas of the system are simulated at different temperatures, with periodic exchanges based on a Metropolis criterion between neighboring temperatures. Each replica, therefore, performs a random walk in temperature space…” assigning each respective replica of the plurality of replicas to a different corresponding temperature of a first set of temperatures; (Aramon sec. 2.3 “multiple replicas of the system are simulated at different temperatures…” Simulating at the different temperature is an assignment.) identifying a first replica having a first temperature lower than any other temperature in the first set of temperatures; (Aramon sec. 2.4 “the high and low temperatures are fixed, and intermediate temperatures are adjusted with the objective of achieving an equal replica-exchange probability for all adjacent temperatures.” The first set of temperatures is the temperature assignments before the parallel swap step.) writing the first replica to a first state of a memory; (Aramon sec. 2.4 “the high and low temperatures are fixed, and intermediate temperatures are adjusted with the objective of achieving an equal replica-exchange probability for all adjacent temperatures.” Fixing temperatures is writing the temperatures to memory, because the temperature has to be stored somewhere if it is “fixed” and Aramon sec. 7 uses CMOS memory, “due to the parallel-trial scheme combined with the massive parallelization that is possible on application-specific CMOS hardware.”) performing a first Markov Chain Monte Carlo (MCMC) trial on each respective replica of the plurality of replicas in which a random respective bit of the plurality of bits that represents a change in the state of the system is flipped in each respective replica of the plurality of replicas, (Aramon algorithm 3 below, the MCMC trial is the MC sweep at the temperature/replica. Algorithm 3 does this for each replica. The replicas are initialized with “random initial states”, so, the bit that is flipped with be a random respective bit that represents a change in the system.) PNG media_image1.png 322 790 media_image1.png Greyscale wherein flipping the random bit affects a change in the corresponding temperature of the respective replica; (Aramon algorithm 3 step 5 “if accepted, update the state and effective fields” Flipping a bit would affect the temperature state in the replica/temperature where the bit was flipped.) identifying a second replica having a second temperature lower than any other temperature in a second set of temperatures, the second set of temperatures including the temperatures corresponding to each of the respective replicas after performing the first MCMC trial; (Aramon algorithm 3 accepts swaps, after the swap is accepted and the temperatures are swapped among the replicas. This swapped set or replicas is the second set of temperatures. After the swap, the second set’s “high and low temperatures are fixed…” Aramon sec. 2.4. This means the lowest temperature in the second set has to be identified, in order to fix the lowest temperature in the set. writing the second replica to a second state of the memory; (Aramon sec. 2.4 “the high and low temperatures are fixed, and intermediate temperatures are adjusted with the objective of achieving an equal replica-exchange probability for all adjacent temperatures.” Fixing temperatures is writing the temperatures to memory, because the temperature has to be stored somewhere if it is “fixed” and Aramon sec. 7 uses CMOS memory, “due to the parallel-trial scheme combined with the massive parallelization that is possible on application-specific CMOS hardware.”) generating a representation of the system based on the first state of the memory including the first replica and the second state of the memory including the second replica; (Aramon algorithm 3 “if accepted, update the state and effective fields…” updating state and effective fields generates a representation.) calculating a first multiplicity of the first replica representing an estimation of a first quantity of MCMC trials which would result in rejection if performed on the first replica at the first temperature; calculating a second multiplicity of the second replica representing an estimation of a second quantity of MCMC trials which would result in rejection if performed on the second replica at the second temperature; applying the first multiplicity and the second multiplicity to the representation of the system; performing parallel swapping with respect to the plurality of replicas by swapping adjacent temperatures of the first set of temperatures and the second set of temperatures; (The swapping in Aramon algorithm 3, “swap the temperatures between replicas”, is done to sequential replicas and it is done in a process called “Parallel Tempering…” Aramon sec. 2.4. This is the claimed parallel swapping.) performing a second MCMC trial on each respective replica of the plurality of replicas based on the second set of temperatures; and (Aramon algorithm 3 repeats the MC sweep on each replica, because the MC sweeps are in a repeating MC sweep loop that will act on the second set of temperatures after the first swap.) generating a representation of an end state of the system based on the first replica, the second replica, ((Aramon algorithm 3 “if accepted, update the state and effective fields…” updating state and effective fields generates a representation. The final update is the final representation of the end state.) the first multiplicity, and the second multiplicity. Aramon doesn’t teach the multiplicities. However, Nambu teaches calculating a first multiplicity of the first replica representing an estimation of a first quantity of MCMC trials which would result in rejection if performed on the first replica at the first temperature; (Nambu sec. D “Every spin state sn in the chain {sn} is synchronously generated with spin selection in the model (c), whereas it is asynchronously generated in model (b) because a geometrically distributed random number of rejected events must be necessarily iterated after every accepted event in the original chain {Sn}…” The distribution of rejected events is the first multiplicity.) calculating a second multiplicity of the second replica representing an estimation of a second quantity of MCMC trials which would result in rejection if performed on the second replica at the second temperature ; (Nambu sec. D “Every spin state sn in the chain {sn} is synchronously generated with spin selection in the model (c), whereas it is asynchronously generated in model (b) because a geometrically distributed random number of rejected events must be necessarily iterated after every accepted event in the original chain {Sn}…” The distribution of rejected events is the first multiplicity. This distribution is made after every event, so there are at least two events.) However, Nambu does not teach applying the first multiplicity and the second multiplicity to the representation of the system… generating a representation of an end state of the system based on the first replica, the second replica, the first multiplicity, and the second multiplicity. And the prior art of record does not teach or make obvious the claimed invention as a whole. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Austin Hicks whose telephone number is (571)270-3377. The examiner can normally be reached Monday - Thursday 8-4 PST. 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, Mariela Reyes can be reached at (571) 270-1006. 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. /AUSTIN HICKS/ Primary Examiner, Art Unit 2142 Application/Control Number: 18/399,674 Page 2 Art Unit: 2142 Application/Control Number: 18/399,674 Page 3 Art Unit: 2142 Application/Control Number: 18/399,674 Page 4 Art Unit: 2142 Application/Control Number: 18/399,674 Page 5 Art Unit: 2142 Application/Control Number: 18/399,674 Page 6 Art Unit: 2142 Application/Control Number: 18/399,674 Page 7 Art Unit: 2142 Application/Control Number: 18/399,674 Page 8 Art Unit: 2142
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Prosecution Timeline

Dec 28, 2023
Application Filed
Jun 01, 2026
Non-Final Rejection mailed — §101
Sep 01, 2026
Response Filed
Sep 30, 2026
Final Rejection mailed — §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

3-4
Expected OA Rounds
75%
Grant Probability
99%
With Interview (+25.8%)
3y 2m (~5m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 420 resolved cases by this examiner. Grant probability derived from career allowance rate.

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