Prosecution Insights
Last updated: April 19, 2026
Application No. 18/500,333

MULTI-RESOLUTION AUDIO DEFECT DETECTION IN WELDING

Non-Final OA §101
Filed
Nov 02, 2023
Examiner
BHAT, ADITYA S
Art Unit
2857
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
3y 3m
To Grant
91%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allow Rate
552 granted / 681 resolved
+13.1% vs TC avg
Moderate +10% lift
Without
With
+9.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
32 currently pending
Career history
713
Total Applications
across all art units

Statute-Specific Performance

§101
26.3%
-13.7% vs TC avg
§103
22.7%
-17.3% vs TC avg
§102
35.4%
-4.6% vs TC avg
§112
9.3%
-30.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 681 resolved cases

Office Action

§101
DETAILED ACTION Status 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claims 1-20 are currently pending in this application. Priority 2. No priority has been claimed in this application. Information Disclosure Statement 3 . The information disclosure statement (IDS) submitted on 1 1 / 02 /20 2 3 was received. The submission is in compliance with the provisions of 37 CFR 1.97 and 37 CFR 1.98. Accordingly, the information disclosure statement has being considered by the examiner. Drawings 4 . The drawings submitted on 11 / 0 2/20 2 3 are in compliance with 37 CFR § 1.81 and 37 CFR § 1.83 and have been accepted by the examiner. Claim Rejections - 35 USC § 101 Non-Statutory 5 . 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. 6 . Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Specifically, representative Claim 1 re cites: 1. A processor-implemented method for multi-resolution audio defect detection in welding, the method comprising: receiving unlabeled and labeled audio data; formatting the received unlabeled and labeled audio data; training a foundation model using the formatted unlabeled audio data in a self-supervised manner with a reconstruction loss; training the foundation model using the formatted labeled audio data with a classification loss; and performing multi-resolution audio defect detection on welding audio data using the trained foundation model. The claim limitations in the abstract idea have been highlighted in bold above; the remaining limitations are “additional elements.” Similar limitations comprise the abstract ideas of Claims 8 and 15 . Under Step 1 of the analysis, claim 1 does belong to a statutory category, namely it is a process claim. Likewise, claim 8 is a system claim and claim 15 a non-transitory computer readable medium claim. Under Step 2A , prong 1, claim 1 is found to include at least one judicial exception, that being a mathematical concept and/or mental process . This can be seen in the claim limitation of “ formatting the received unlabeled and labeled audio data; training a foundation model using the formatted unlabeled audio data in a self-supervised manner with a reconstruction loss; training the foundation model using the formatted labeled audio data with a classification loss; and performing multi-resolution audio defect detection on welding audio data using the trained foundation model. ” , which is the judicial exception of a mental process and/or a mathematical concept because it is merely a data evaluation including calculations, and/ or judgement s capable of being performed mentally. Similar limitations comprise the abstract ideas of Claims 8 and 15 . Step 2A, prong 2 of the eligibility analysis evaluates whether the claim as a whole integrates the recited judicial exception(s) into a practical application of the exception. This evaluation is performed by (a) identifying whether there are any additional elements recited in the claim beyond the judicial exception, and (b) evaluating those additional elements individually and in combination to determine whether the claim as a whole integrates the exception into a practical application. In addition to the abstract ideas recited in claim 1 , the claimed method recites additional elements including : “ receiving unlabeled and labeled audio data; ” (claims 1, 8, and 15) which are merely data gathering steps recited at a high level of generality and therefore merely amount to “insignificant extra-solution” activity(ies) . See MPEP 2106.05(g) “Insignificant Extra-Solution Activity,” . The claim also recites “ foundation model” which is a machine learning model (claims 1, 8, and 15) however the “machine learning model ” is recited at a high level of generality , and merely amounts to the use of computer technology as a tool to apply the abstract idea (see MPEP 2106.05(f)) and/or the use of “machine learning” to perform the predictions, that are otherwise abstract, is merely an attempt at limiting the abstract to a particular field of use (See MPEP 2106.05(h)). The generic data gathering, processing, and output steps , and other elements, are recited so generically (no details whatsoever are provided) that it represents no more than mere instructions to apply the judicial exceptions on a computer. It can also be viewed as nothing more than an attempt to generally link the use of the judicial exceptions to the technological environment of a computer. Noting MPEP 2106.04(d)(I): “ It is notable that mere physicality or tangibility of an additional element or elements is not a relevant consideration in Step 2A Prong Two. As the Supreme Court explained in Alice Corp., mere physical or tangible implementation of an exception does not guarantee eligibility. Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 573 U.S. 208, 224, 110 USPQ2d 1976, 1983-84 (2014) ("The fact that a computer ‘necessarily exist[s] in the physical, rather than purely conceptual, realm,’ is beside the point") ” . Thus, under Step 2A, prong 2 of the analysis, even when viewed in combination, these additional elements do not integrate the recited judicial exception into a practical application and the claim is directed to the judicial exception. No specific practical application is associated with the claimed system . For instance, nothing is done with the output from the model . Under Step 2B, t he claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements , as described above with respect to Step 2A Prong 2, merely amount to a general purpose computer system that attempts to apply the abstract idea in a technological environment, limiting the abstract idea to a particular field of use, and/or merely insignificant extra-solution activity (claims 1, 8, and 15). Such insignificant extra-solution activity, e.g. data gathering and output, when re-evaluated under Step 2B is further found to be well-understood, routine, and conventional as evidenced by MPEP 2106.05(d)(II) (describing conventional activities that include transmitting and receiving data over a network, electronic recordkeeping, storing and retrieving information from memory, and electronically scanning or extracting data from a physical document). Therefore, similarly the combination and arrangement of the above identified additional elements when analyzed under Step 2B also fails to necessitate a conclusion that c laim 1, as well as claims 8 and 15 , amount to significantly more than the abstract idea . With regards to the dependent claims, claims 2- 7, 9-14, and 16-20 , merely further expand upon the algorithm/abstract idea and do not set forth further additional elements therefore these claims are found ineligible for the reasons described for independent claims 1, 8, and 15. See Supreme court decision in Alice Corporation Pty. Ltd. V. CLS Bank International, et al. Conclusion 7 . The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Leger US Pat # 12,517,095 teaches performing consumable diagnostics via spectral analysis. 8 . Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT ADITYA S BHAT whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-2270 . The examiner can normally be reached on FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Friday 8 am-6pm . 9 . 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. 1 0 . If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelby Turner can be reached on 571-272-6334 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 1 1 . 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 https://ppair-my.uspto.gov/pair/PrivatePair. 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. /ADITYA S BHAT/ Primary Examiner, Art Unit 2857 March 6, 2026
Read full office action

Prosecution Timeline

Nov 02, 2023
Application Filed
Mar 06, 2026
Non-Final Rejection — §101 (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
81%
Grant Probability
91%
With Interview (+9.8%)
3y 3m
Median Time to Grant
Low
PTA Risk
Based on 681 resolved cases by this examiner. Grant probability derived from career allow rate.

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