Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Arguments
Applicant’s arguments are persuasive, see the second action non final below.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 1, 3-6. 8-11, 13-14 and 16-19 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Hazard (20210012246) in view of Yannuzzi (20240265138).
Regarding claim 1 Hazard teaches a method comprising: receiving, by a first generative machine learning model, an initial training dataset (pars. 47, 160 and 166);
generating, by the first generative machine learning model and based on the initial training dataset, an emulated training dataset that includes second data that is different than the first data (pars. 15, 22 and 160, differing synthetic data);
comparing the emulated training dataset and the initial training dataset (par. 22, comparing data);
determining, based on the comparison, that a distance between the first data and the second data satisfies a threshold value (par. 22, distance threshold); and
training, based on determining that the distance satisfies the threshold value, the second machine learning model to perform a task using the emulated training dataset instead of the initial training dataset (par. 22, 47, 63 and 66, trains after filtering).
Hazard does not teach determining that the initial training dataset includes first data that is indicated not to be used for training a second machine learning model.
Yannuzzi teaches determining that the initial training dataset includes first data that is indicated not to be used for training a second machine learning model (see pars. 118-122, checks the group classification)
It would have been obvious prior to the effective filing date of the invention to one of ordinary skill in the art to include in Hazard the ability to check if the dataset can be used as taught by Yannuzzi. The reason is to allow the system to check data requirements to protect the original training data.
Regarding claim 3, see Yannuzzi pars. 111, user controls.
Regarding claim 4, see pars. 33-34 of Hazard, preserving original features.
Regarding claim 5, see the rejection of claim 1. Claim 5 is broader than claim 1.
Regarding claim 6, see par. 15 and 160 of Hazard, learns distribution.
Regarding claims 8-9, see the rejection of claim 1.
Regarding claim 10, see the rejection of claim 1 and 3.
Regarding claim 11, see the rejection of claim 1 and 4.
Regarding claim 13, see the rejection of claim 1, claim 13 is broader than claim 1.
Regarding claim 14, see the rejection of claim 6.
Regarding claim 16, see the rejection of claim 1 and par. 251 of Hazard.
Regarding claims 17-19, see the rejection of claims 9 and 3-4.
Claims 2, 7 and 15 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Hazard (20210012246) in view of Yannuzzi (20240265138) in further view of Lei (“Image Captions are Natural Prompts for Text-to-Image Models”)
Regarding claim 2, Lei teaches generating a natural language description of the initial training dataset, wherein generating the emulated training dataset is based on the natural language description instead of the initial training dataset (section 4, algorithm 1 caption in prompt).
It would have been obvious prior to the effective filing date of the invention to one of ordinary skill in the art to include in Hazard and Yannuzzi the ability to image synthesis by using captions as taught by Lei. The reason is to allow the system to make image using captions in order to maintain the restrictions.
Regarding claims 7 and 15, see the rejection of claim 2.
Claims 12 and 20 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Hazard (20210012246) in view of Yannuzzi (20240265138) in further view of Valstar (20220253676).
Regarding claim 12, Valstar teaches wherein the initial training dataset includes one or more images, wherein the first data includes biometric information included in the one or more images, and wherein the second data lacks the biometric information (see par. 5, 7, 11 and 13 which replaces the original image with the synthetic images).
It would have been obvious prior to the effective filing date of the invention to one of ordinary skill in the art to include in Hazard and Yannuzzi the ability to perform face synthesis as taught by Valstar. The reason is to remove identifying information while keeping recognition similarity.
Regarding claim 20, see the rejection of claim 12.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HADI AKHAVANNIK whose telephone number is (571)272-8622. The examiner can normally be reached 9 AM - 5 PM Monday to Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Henok Shiferaw can be reached at (571) 272-4637. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HADI AKHAVANNIK/Primary Examiner, Art Unit 2676
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