DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/23/2026 has been entered.
Claims 1 and 11 have been amended. Claims 10 and 20 have been canceled, while claims 21 and 22 have been added. Claims 1-9, 11-19, 21 and 22 are pending.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Regarding the previously pending 35 USC 101 rejection, the claims as a whole, recite additional elements that integrate the judicial exception into a practical application, under Prong Two of Step 2A of the Alice analysis.
Specifically, independent claims 1 and 11 recite “compar[ing] the feedback data against predicted values generated by the first machine learning model, the second machine learning model, and the third machine learning model to generate error data comprising, for each customer of the subset, a difference between the predicted values and the feedback data; and
retrain[ing] one or more of the first machine learning model, the second machine learning model, and the third machine learning model in the machine learning library using the error data, the retraining comprising the steps of:
selecting which features of the plurality of customer records are most important for prediction;
tuning hyperparameters of one or more of the first machine learning model, the second machine learning model, and the third machine learning model; and
selecting a most effective model family for one or more of the first machine learning model, the second machine learning model, and the third machine learning model.”
Specification
The disclosure is objected to because of the following informalities: The CROSS-REFERENCE TO RELATED APPLICATIONS section must be updated. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-9, 11-19, 21 and 22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Amended independent claims 1 and 11 recite “compar[ing] the feedback data against predicted values generated by the first machine learning model, the second machine learning model, and the third machine learning model to generate error data comprising, for each customer of the subset, a difference between the predicted values and the feedback data; and retrain[ing] one or more of the first machine learning model, the second machine learning model, and the third machine learning model in the machine learning library using the error data…”.
Additionally, dependent claims 21 and 22 recite “analyzing the error data using a model evaluation engine that identifies key prediction parameters from the error data”.
However, the originally filed specification does not recite “error data”, much less generating, using, and analyzing error data in the manner recited in the amended claim language. Clarification is required. Dependent claims 2-9 and 12-19 are rejected based upon the same rationale.
Conclusion
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/ANDRE D BOYCE/Primary Examiner, Art Unit 3623 April 3, 2026