Prosecution Insights
Last updated: August 17, 2026
Application No. 18/448,049

TRAINING MACHINE LEARNING MODELS USING SIMULATION FOR ROBOTICS SYSTEMS AND APPLICATIONS

Non-Final OA §103§112
Filed
Aug 10, 2023
Priority
Sep 16, 2022 — provisional 63/407,560
Examiner
LEE, TSU-CHANG
Art Unit
2128
Tech Center
2100 — Computer Architecture & Software
Assignee
NVIDIA Corporation
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
313 granted / 430 resolved
+17.8% vs TC avg
Moderate +14% lift
Without
With
+14.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
39 currently pending
Career history
455
Total Applications
across all art units

Statute-Specific Performance

§101
39.4%
-0.6% vs TC avg
§103
32.1%
-7.9% vs TC avg
§102
6.6%
-33.4% vs TC avg
§112
17.4%
-22.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 430 resolved cases

Office Action

§103 §112
The present application, filed on or after 16 March 2013, is being examined under the first inventor to file provisions of the AIA . DETAILED ACTION This office action is in response to Applicant’s submission filed on 26 May 2026. THIS ACTION IS NON-FINAL. In response to the restriction requirement, Applicant’s election without traverse of the instant application in the reply filed on 26 May 2026 is acknowledged. Status of Claims Claims 1-20 are pending. Claims 1-10, 18-20 are withdrawn. Claims 11-17 are rejected under 35 U.S.C. 112(b) as indefinite. Claims 11-17 are rejected under 35 U.S.C. 103 as unpatentable. Claim Rejections - 35 USC § 112 112(b) Rejection The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. A claim is indefinite if, when read in light of the specification, it fails to inform, with reasonable certainty, those skilled in the art about the scope of the invention. Nautilus, Inc. v. Biosig Instruments, Inc., 110 USPQ.2d 1688, U.S. Supreme Court (2014). Claims 11-17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. Regarding claim 11, “… the first / second machine learning model being trained …”, it is not clear if a training step is included in an otherwise inference-only method claim, the claim is indefinite. For the purpose of applying prior art, this limitation is construed to be “…the first / second machine learning model being pre-trained …”. Regarding claims 12-17, which depend on above rejected claim 11, are rejected for the same reason. Claim Rejections - 35 USC § 103 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. 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 11, 13-15, 17 are rejected under 35 U.S.C. 103 as being unpatentable over Akkaya et al, “Solving rubik’s cube with a robot hand”, arXiv:1910.07113v1 [cs.LG] 16 Oct 2019 [hereafter Akkaya] in view of Lee et al, US-PGPUB NO.20210101286A1 [hereafter Lee]. With regards to claim 11, Akkaya teaches “A method comprising: determining a pose based at least on processing a plurality of images of a robot using a first machine learning model (Akkaya, FIG.1-3, FIG.10-12, PNG media_image1.png 980 729 media_image1.png Greyscale 1 Introduction, ‘… The vision-based state estimator uses rendered scenes collected from the randomized simulations and learns to predict the pose as well as face angles of the Rubik’s cube using a convolutional neural network (CNN) …’), the first machine learning model being trained based at least on one or more rendered images corresponding to one or more first simulations of the robot (Akkaya, FIG.1-3, FIG.10-12, PNG media_image2.png 441 760 media_image2.png Greyscale 5 Automatic Domain Randomization, ‘Instead of rolling out a policy, we use the ADR parameters to render images and use those to train the supervised vision state estimator’, ‘… We randomize simulator physics parameters such as geometry, friction, gravity, etc. See Section B.1 or details of their ADR parameterization …’, 6 Policy Training in Simulation, 7 State Estimation from Vision, ‘…Vision for pose and Giiker cube for face angels …); generating an action based at least on processing the pose, a goal, and one or more previous states of the robot using a second machine learning model (Akkaya, FIG.1-3, FIG.11-12, PNG media_image3.png 450 769 media_image3.png Greyscale 1 Introduction, ‘… The control policy receives observed robot sates and rewards from the randomized simulations and learns to solve them using a recurrent neural network and reinforcement learning …’, 2 Tasks, ‘… The goal of the block reorientation task is to rotate a block into a desired goal orientation …’), the second machine learning model being trained based at least on one or more second simulations of the robot (Akkaya, FIG.1-3, FIG.11-12, PNG media_image4.png 426 731 media_image4.png Greyscale 6 Policy Training in Simulation) …”. Akkaya does not explicitly detail “controlling the robot based at least on the action”. However Lee teaches “controlling the robot based at least on the action (Lee, FIG.1, FIG.5, [0038] ‘…generate corresponding output that is utilized in control of the robot …’, PNG media_image5.png 936 723 media_image5.png Greyscale )”. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, and having the teachings of Akkaya and Lee before him or her, to modify the simulation based ML models for robots action of Akkaya to include robot control as shown in Lee. The motivation for doing so would have been to use trained policy model for robot control (Lee, Abstract). With regards to claim 13, Akkaya in view of Lee teaches “The method of claim 11, wherein the one or more rendered images are rendered based at least on at least one of different camera parameters, different visual effects, or performing one or more ray tracing operations (Akkaya, FIG.1-3, FIG.10-12, 1 Introduction, ‘.. We use automatic domain randomization (ADR) to generate a growing distribution of simulations with randomized parameters and appearance …’, 5 Automatic Domain Randomization).” With regards to claim 14, Akkaya in view of Lee teaches “The method of claim 11, wherein the first machine learning model is further trained based at least on one or more augmented images, and the one or more augmented images are generated by performing one or more operations to augment the one or more rendered images based at least on at least one of a lighting augmentation, a texture augmentation, or a geometry augmentation (Akkaya, FIG.1-3, FIG.10-12, 1 Introduction, ‘.. We use automatic domain randomization (ADR) to generate a growing distribution of simulations with randomized parameters and appearance …’, 5 Automatic Domain Randomization).” With regards to claim 15, Akkaya in view of Lee teaches “The method of claim 11, wherein the second machine learning model is trained by performing one or more operations to simulate the robot in a plurality of simulations, and the plurality of simulations are based at least on at least one of different physics parameters or different non-physics parameters (Akkaya, FIG.1-3, FIG.10-12, 5 Automatic Domain Randomization, ‘… We randomize simulator physics parameters such as geometry, friction, gravity, etc. See Section B.1 for details of their ADR parameterization …’).” With regards to claim 17, Akkaya in view of Lee teaches “The method of claim 15, wherein the second machine learning model is trained by further performing one or more automatic domain randomization operations to determine ranges of the at least one of different physics parameters or different non- physics parameters (Akkaya, FIG.1-3, FIG.10-12, 5 Automatic Domain Randomization, ‘… We randomize simulator physics parameters such as geometry, friction, gravity, etc.’, Appendices B Randomizations, PNG media_image6.png 124 748 media_image6.png Greyscale ).” The combined teaching described above will be referred as Akkaya + Lee hereafter. Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Akkaya et al, “Solving rubik’s cube with a robot hand”, arXiv:1910.07113v1 [cs.LG] 16 Oct 2019 [hereafter Akkaya] in view of Lee et al, US-PGPUB NO.20210101286A1 [hereafter Lee] and Lin et al., “Multi-view for multi-level robotic scene understanding”, arXiv:2103.13539v1 [cs.RO] 25 Mar 2021 [hereafter Lin]. With regards to claim 12, Akkaya + Lee teaches “The method of claim 11”. Akkaya + Lee does not explicitly detail “wherein the first machine learning model generates, for at least one image included in the plurality of images, a bounding shape, a segmentation, and one or more key points associated with at least one of the robot or an object that the robot interacts with in the at least one image, and the determining the pose comprises: determining one or more three-dimensional (3D) positions based at least on the one or more key points associated with the at least one of the robot or the object; and determining the pose based at least on a registration of the one or more 3D positions against one or more models of the at least one of the robot or the object”. However Lin teaches “wherein the first machine learning model generates, for at least one image included in the plurality of images, a bounding shape, a segmentation, and one or more key points associated with at least one of the robot or an object that the robot interacts with in the at least one image (Lin, FIG.1-6, PNG media_image7.png 297 823 media_image7.png Greyscale II Related Work, ‘…incorporating bounding box keypoint …’, III Approach, C Multi-view object pose fusion, ), and the determining the pose comprises: determining one or more three-dimensional (3D) positions based at least on the one or more key points associated with the at least one of the robot or the object (Lin, FIG.1-6, ); and determining the pose based at least on a registration of the one or more 3D positions against one or more models of the at least one of the robot or the object (Lin, FIG.1-6, PNG media_image8.png 271 820 media_image8.png Greyscale I Introduction, III Approach, IV Experimental Results)”. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, and having the teachings of Akkaya + Lee and Lin before him or her, to modify the simulation based ML models for robots action of Akkaya + Lee to include more details of 3D processing as shown in Lin. The motivation for doing so would have been for multi-level scene awareness (Lin, Abstract). Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Akkaya et al, “Solving rubik’s cube with a robot hand”, arXiv:1910.07113v1 [cs.LG] 16 Oct 2019 [hereafter Akkaya] in view of Lee et al, US-PGPUB NO.20210101286A1 [hereafter Lee] and Makoviychuk et al., “Issac Gym: high performance GPU-based physics simulation for robot learning”, arXiv:2108.10470v2 [cs.RO] 25 Aug 2021 [hereafter Makoviychuk]. With regards to claim 16, Akkaya + Lee teaches “The method of claim 15”. Akkaya + Lee does not explicitly detail “wherein the plurality of simulations are performed in parallel using one or more graphics processing units (GPUs)”. However Makoviychuk teaches “wherein the plurality of simulations are performed in parallel using one or more graphics processing units (GPUs) (Makoviychuk, FIG.1-3, PNG media_image9.png 338 660 media_image9.png Greyscale 1 Introduction, 2 Background)”. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, and having the teachings of Akkaya + Lee and Makoviychuk before him or her, to modify the simulation based ML models for robots action of Akkaya + Lee to include GPU simulation as shown in Makoviychuk. The motivation for doing so would have been for Robot learning (Makoviychuk, Abstract). Additional Relevant Art The prior art made of record is considered pertinent to applicant’s disclosure and is recorded on Form PTO-892. Applicant is required under 37 C.F.R. § 1.111 (c) to consider these references fully when responding to this action, with particular attention paid to: He et al, US-PATENT NO.10713794B1 [hereafter He] shows image for training ML models. Peng, et al., “Sim0to-real transfer of robotic control with dynamics randomization”, ICRA 2018 [hereafter Peng] shows using simulation for robot training. Bousmalis, et al., “Using simulation and domain adaptation to improve efficiency of deep robotic grasping”, ICRA 2018 [hereafter Bousmalis] shows using simulation to improve robot efficiency. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TSU-CHANG LEE whose telephone number is 571-272-3567. The fax number is 571-273-3567. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Omar Fernandez Rivas, can be reached 571-272-2589. 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. /TSU-CHANG LEE/ Primary Examiner, Art Unit 2128
Read full office action

Prosecution Timeline

Aug 10, 2023
Application Filed
Jul 27, 2026
Non-Final Rejection mailed — §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12694344
FRAMEWORK FOR MACHINE-LEARNING MODEL SEGMENTATION
4y 4m to grant Granted Jul 28, 2026
Patent 12682290
Method, System, and Computer Program Product for Improving Machine Learning Models
1y 11m to grant Granted Jul 14, 2026
Patent 12676141
FINGERPRINTING DATA TO DETECT VARIANCES
3y 11m to grant Granted Jul 07, 2026
Patent 12675697
COMPUTER-READABLE RECORDING MEDIUM HAVING STORED THEREIN MACHINE LEARNING PROGRAM, METHOD FOR MACHINE LEARNING, AND INFORMATION PROCESSING APPARATUS
3y 11m to grant Granted Jul 07, 2026
Patent 12675698
LEARNING APPARATUS AND METHOD
3y 4m to grant Granted Jul 07, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
73%
Grant Probability
87%
With Interview (+14.4%)
3y 6m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 430 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month