Prosecution Insights
Last updated: April 18, 2026
Application No. 18/471,749

SYSTEM AND METHOD FOR TRAINING A MACHINE LEARNING MODEL IN A DISTRIBUTED SYSTEM

Non-Final OA §112
Filed
Sep 21, 2023
Examiner
BROMELL, ALEXANDRIA Y
Art Unit
2156
Tech Center
2100 — Computer Architecture & Software
Assignee
Kabushiki Kaisha Toshiba
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
3y 3m
To Grant
88%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
410 granted / 543 resolved
+20.5% vs TC avg
Moderate +12% lift
Without
With
+12.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
11 currently pending
Career history
554
Total Applications
across all art units

Statute-Specific Performance

§101
19.2%
-20.8% vs TC avg
§103
36.4%
-3.6% vs TC avg
§102
34.2%
-5.8% vs TC avg
§112
3.5%
-36.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 543 resolved cases

Office Action

§112
DETAILED ACTION Claims 1 – 20, which are currently pending, are fully considered below. 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. Information Disclosure Statement The information disclosure statement (IDS) submitted on September 21, 2023, December 23, 2024, and June 27, 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Claim Rejections - 35 USC § 112 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 appl icant regards as his invention. Claims 1, 19, and 20 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 1, 19, and 20 recite the limitation whereby “ the local version of the machine learning model of each of the plurality of nodes having been initialized with the same one or more respective parameter values, ” which is indefinite. It is unclear if applicant intends that the local version on each node has the same parameters as the local version on other nodes, or if the local nodes have the same one parameter values and other nodes may have other parameter values. Claims 1, 19, and 20 recite the limitation of “ the local model comprising the local version of the machine learning model ,” which is indefinite. Applicant discloses that there may be multiple nodes, with each node storing a local version of the machine learning model. It is unclear in this limitation which “local version” applicant is referring to since all nodes store a local version. Claims 1, 19, and 20 recite the limitation whereby “ each first parameter delta representing a difference between a parameter of the local model and a corresponding parameter of an updated version of the machine learning model that is maintained by the at least other node ,” which is indefinite. It is unclear if in the first parameter delta, the difference is between the local node receiving the update and another node, or between two completely different nodes. Accordingly, dependent claims 2 – 18 are also rejected. Conclusion/Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT ALEXANDRIA Y BROMELL whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-3034 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-F 8-4 . 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, FILLIN "SPE Name?" \* MERGEFORMAT Ajay Bhatia can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-3906 . 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. /ALEXANDRIA Y BROMELL/ Primary Examiner, Art Unit 2156 April 2, 2026
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Prosecution Timeline

Sep 21, 2023
Application Filed
Apr 02, 2026
Non-Final Rejection — §112 (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
76%
Grant Probability
88%
With Interview (+12.1%)
3y 3m
Median Time to Grant
Low
PTA Risk
Based on 543 resolved cases by this examiner. Grant probability derived from career allow rate.

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