Prosecution Insights
Last updated: July 17, 2026
Application No. 18/408,906

TASK SCHEDULING METHOD AND APPARATUS

Non-Final OA §103
Filed
Jan 10, 2024
Priority
Jul 12, 2021 — continuation of PCTCN2021105779
Examiner
PATEL, HIREN P
Art Unit
2196
Tech Center
2100 — Computer Architecture & Software
Assignee
Shenzhen Yinwang Intelligent Technology Co., Ltd.
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
341 granted / 434 resolved
+23.6% vs TC avg
Strong +37% interview lift
Without
With
+37.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
7 currently pending
Career history
448
Total Applications
across all art units

Statute-Specific Performance

§101
4.6%
-35.4% vs TC avg
§103
86.7%
+46.7% vs TC avg
§102
4.3%
-35.7% vs TC avg
§112
3.9%
-36.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 434 resolved cases

Office Action

§103
DETAILED ACTION 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 . Remarks The present application having Application No. 18/408,906 filed on 01/10/2024 presents claims 1-20 for examination. The present application is a continuation of PCT/CN2021/105779 filed on 07/12/2021. Examiner Notes Examiner cites particular columns and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner. 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 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. Priority Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Drawings The applicant’s drawings submitted are acceptable for examination purposes. Information Disclosure Statement The information disclosure statement (IDSs) submitted on 09/04/2024 and 01/15/2025 are acknowledge and the cited prior art references have been considered by the examiner. 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 of this title, 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 1-2, 8-9 and 15-16 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Huawang et al. (CN 112596891 A; English Translation submitted as part of IDS filed on 10/15/2024) (hereinafter Martin) in view of Li et al. (US 2021/0064425 A1; Foreign Application priority date: May 15, 2018) (hereinafter Li). As per claim 1, Huawang discloses A task scheduling method, wherein the task scheduling method (e.g. Huawang: expressly discloses “a multitask management method combining time slice rotation and extended interruption,” which is a task scheduling method directed to scheduling tasks. See page 1, abstract; page 2, background; page 3, paragraphs 1-4; page 5, paragraph 4.) comprises: receiving a plurality of first task streams, wherein a priority type of each first task stream of the plurality of first task streams is a first priority, and the first priority comprises a first sub-priority and a second sub-priority (e.g. Huawang: [Page 2, Abstract, Claim 1] discloses multitask management method providing task queues, namely a normal queue, an emergency queue, a waiting queue 1 and a waiting queue 2. The method comprising the priority labeling can generate two different priority labels, the first label comprises low priority, medium priority and high priority; and the second label comprises a digital label, the larger the number is, higher the priority, and the second type label is used for setting the size of a time slice for task scheduling. [page 3, paragraphs 2-4] discloses providing 4 queues and generating two different priority labels, the first label and the second label. The first type of label is referred to as a first priority and the second type of label is referred to as a second priority. Also see [page 5, paragraphs 1-2, and the last paragraph referring to Fig. 4]); allocating a time slice to each first task stream based on a sub-priority of each first task stream in the plurality of first task streams, wherein the first sub-priority is higher than the second sub-priority (e.g. Huawang: [page 1, claim 1] teaches the second type or label or second priority is a digital label, the larger the number is, the higher the priority is and the second label/priority is used to assist in setting the time slice size and judging task scheduling. Huawang expressly teaches that the second label is used for assisting in setting the size of a time slice and the time slices T1 and T2 are determined from the second priority. Also see [page 3, steps 1-3 and par. 6-9; page 5, par. 1-4; page 6), and a time slice allocated to a first task stream corresponding to the first sub-priority is greater than a time slice allocated to a first task stream corresponding to the second sub-priority (e.g. Huawang: [page 2, claim 3] discloses values of two slots T1 and T2 is dynamically variable. T1 and T2 are processing time of sending the first task of the normal queue and the first task of the emergency queue, different treatment of tasks with different priorities is achieved through changeable time slice size. [page 4, paragraph 3-8, ] step 2 discloses adapting this scheduling method where tasks with different priorities are treated differently through the changeable slice size, and meanwhile, the conventional low priority tasks run in a time slice round-robin mode. Also see [page 3, last paragraph] [page 5 last paragraph and page 6]. Thus, Huawang discloses that the time-slice values are dynamically variable and depend on the second priorities of the tasks at the queue heads, so the higher-priority queue receives a larger share of the time slice under the disclosed formulas and scheduling logic.); and scheduling artificial intelligence (AI) tasks of all first task streams in the plurality of first task streams through round robin (e.g. Huawang: [page 5-6, Fig. 4 description] discloses the dynamic double-queue alternate time slice round-robin scheduling. Also see [page 3, last paragraph] [Abstract].). Huawang does not expressly disclose tasks are AI tasks. However, Li discloses scheduling stream of AI tasks (e.g. Li: [0003] [0005] [0010] discloses neural processing unit (NPU) servers artificial intelligence (AI) computing for AI computing tasks. [0016-0017] [0040] [0099-0101] [0012] also discloses maintaining a plurality of task streams and a taskscheduler scheduling tasks from the task streams based on priorities associated with the task streams.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Huawang with Li because both references address scheduling multiple tasks using queue or stream-based structures and priority-based cyclic execution. Huawang already teaches improving task switching and resource scheduling through multi-priority interrupts and dynamic round-robin time slicing, while Li teaches stream-based AI tasks organization that reduces waiting delay, improves task processing efficiency, and fully exploits acceleration-chip capability in AI computing scenarios. A POSITA would have had a reasonable expectation of success in applying Li’s AI task stream framework to Huawang’s queue/time-slice round-robin framework because the combination merely uses familiar tools to yield predictable results. Under KSR, combining familiar elements according to known methods to yield predictable results is obvious. Here, Li’s disclosure of AI task streams provides a concrete reason to supply the missing AI-task context to Huawang’s scheduling system. As per claim 2, the combination of Huawang and Li discloses The task scheduling method according to claim 1 [See rejection to claim 1 above], wherein the scheduling AI tasks of all first task streams in the plurality of first task streams through round robin (e.g. Huawang: [page 5-6, Fig. 4 description] discloses the dynamic double-queue alternate time slice round-robin scheduling. Also see [page 3, last paragraph] [Abstract].)) comprises: scheduling an AI task of the first task stream with the first sub-priority; and scheduling an AI task of the first task stream with the second sub-priority when a time slice that has been used for the first task stream with the first sub-priority is greater than or equal to the time slice allocated to the first task stream with the first sub-priority; or scheduling an AI task of the first task stream with the second sub-priority when the AI task of the first task stream with the first sub-priority is completely scheduled (e.g. Huawang: [page 2. Claim 3] [page 4, par. 2] discloses double queue alternate slot round robin scheduling is that there are two sub-slots T1, T2 within a fixed slot T. The value of two sub-slots executed is dynamically variable, T1 and T2 are processing time of sending the first task of the normal queue and the first task of the emergency queue to the CPU, different treatment of tasks with different priorities is achieved through changeable time slice size, meanwhile, the normal task can be operated in a time slice rotation mode when the task with relatively low priority is operated. Huawang discloses scheduling tasks from the queue corresponding to the higher-priority side first within the dynamic two-queue scheme, because the CPU executes the emergency queue head task and then the normal queue head task within the fixed time slice T. Also see [page 5-last paragraph and page 6]. Li: [0003] [0005] [0010] further discloses neural processing unit (NPU) servers artificial intelligence (AI) computing for AI computing tasks. [0016-0017] [0040] [0099-0101] [0012] also discloses maintaining a plurality of task streams and a taskscheduler scheduling tasks from the task streams based on priorities associated with the task streams.). As per claims 8 and 9, these are apparatus/system claims having similar limitations as cited in method claims 1 and 2, respectively. Thus, claims 8 and 9 are also rejected under the same rationale as cited in the rejection of rejected claims 1 and 2, respectively. As per claims 15 and 16, these are medium claims having similar limitations as cited in method claims 1 and 2, respectively. Thus, claims 15 and 16 are also rejected under the same rationale as cited in the rejection of rejected claims 1 and 2, respectively. Allowable Subject Matter Claims 3-7, 10-14 and 17-20 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. Fujiwara et al. (US 2010/0220593 A1) discloses “[0007]… It is assumed that (i) streams A, B and C, which are all assigned a priority "6", are being distributed, (ii) sub-priorities "2", "1" and "0" are respectively assigned to the streams A, B and C, and (iii) the sub-priorities "2", "1" and "0" are registered in the server in on-to-one correspondence with the streams A, B and C. Here, a priority and a sub-priority are higher as the value indicated thereby is larger. [0008] Assume that while the three streams A, B and C are being distributed, the communication terminal devices fall in a situation where the transmission band has been reduced such that the capacity of the resulting available band only allows distribution of two streams. In such a situation, in accordance with the sub-priorities registered in the server, the largest, the second largest and the third largest number of time slots are respectively assigned to the stream A (the highest sub-priority), the stream B (the second highest sub-priority) and the stream C (the third highest sub-priority).” “[0155] The main priority (original) 235 is set to the main priority (original) assigned to a stream relating to data to be transmitted by the PLC modem that transmits the notification signal. The sub-priority 236 is set to the sub-priority assigned to this stream.” Zhao et al. (US 2005/0147034 A1) discloses a weighted round-robin scheduler including a round-robin table, cycle link lists, flow table entries, packet queues, and per-flow weights such as WRR_CYC, WRR_BURST, and WRR_OPP. Zhao thereby teaches a known WRR queue architecture in which service is distributed cyclically among active flows according to assigned weights. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hiren Patel whose telephone number is (571) 270-3366. The examiner can normally be reached on Monday-Friday 9:30 AM to 6:00 PM. 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) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form. If attempts to reach the above noted Examiner by telephone are unsuccessful, the Examiner’s supervisor, April Y. Blair, can be reached at the following telephone number: (571) 270-1014. 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 Patent Center and the Private Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from Patent Center or Private PAIR. Status information for unpublished applications is available through Patent Center or Private PAIR to authorized users only. Should you have questions on access to Patent Center or the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). June 10, 2026 /HIREN P PATEL/Primary Examiner, Art Unit 2196
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Prosecution Timeline

Jan 10, 2024
Application Filed
Feb 20, 2024
Response after Non-Final Action
Jun 16, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
79%
Grant Probability
99%
With Interview (+37.4%)
3y 4m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 434 resolved cases by this examiner. Grant probability derived from career allowance rate.

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