DETAILED ACTION
Claims 1-20 are pending in the current application.
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 .
Response to Arguments
Applicant’s arguments, see Remarks, filed 1/20/26, with respect to the rejection of claim 1 under 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Liu et al. (Pub. No. US 2021/0117806 A1) [0122] lines 4-15 which shows the specifics of a request for a compiler to perform at least some tensor descriptor manipulation that when compiled perform the manipulations/operations on the generic tensor raw data, viewed as tensor operations to be performed, where the request to perform the manipulations on the generic tensor raw data is done via API call, viewed as an API call that includes an indication of one of more tensor operation to be performed and causing the one or more operations to be performed using one or more tensors where in light of the teachings of Chowdhury [0187] lines 1-13 and [0188] lines 1-12 showing that input into the API can include buildOptions including selection of specific compiler associated with kernel source thus together showing a compiler selected to be used for the build where the build includes operations request that include an API call that includes an indication of one of more tensor operation to be performed.
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 (i.e., changing from AIA to pre-AIA ) 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 1-2, 5, 7-9, 12, 14-16 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Chowdhury et al. (Pub. No. US 2023/0205559 A1) and further in view of Liu et al. (Pub. No. US 2021/0117806 A1).
As to claims 1, 8 and 15, Chowdhury discloses one or more processors, comprising: circuitry to, in response to an application programming interface (API) call, cause one or more operations to be performed using one or more tensors based, at least in part, on one or more identified compiler options, selected to be used with the one or more indicated tensor operations to be performed (Chowdhury [0023] lines 1-6, [0025] lines 2-10, [0054] lines 1-3, [0055] lines 1-14, [0060] lines 1-14, [0184] lines 1-9, [0186] lines 1-7, [0187] lines 1-13, [0188] lines 1-4 and [0194] lines 1-11; which shows that inputs to the API, viewed as type of API call, can indicate specific compiler options, JIT compile selection as part of build options input into the API, to be performed and based on that input where the API call can also targeted kernel source associated with GPU and its associated functionality/features where GPU includes resources for operations it can perform include tensor cores designed to perform tensor/matrix operations thus viewed as the API call instruction being able to cause GPU tensor based operations to be performed associated with the target GPU with tensor functions/features for execution performed by the specific build option compiler selected for the build, where the specifics of the indicated tensor operations are seen disclosed below in Liu).
Chowdhury does not specifically disclose the specifics of the API call that includes an indication of one or more tensor operations to be performed.
However, Liu discloses the specifics of the API call that includes an indication of one or more tensor operations to be performed (Liu [0122] lines 4-15; which shows the specifics of a request for a compiler to perform at least some tensor descriptor manipulation that when compiled perform the manipulations/operations on the generic tensor raw data, viewed as tensor operations to be performed, where the request to perform the manipulations on the generic tensor raw data is done via API call, viewed as an API call that includes an indication of one of more tensor operation to be performed and causing the one or more operations to be performed using one or more tensors).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teachings of Liu showing the specifics of an API call including indicator of tensor operation to be performed, into the API call for building and performing operations of Chowdhury for the purpose of increasing the adaptability of API to address and respond to additional information associated with specific tensor operations request, as taught by Liu [0122] lines 1-15.
As to claims 2, 9 and 16 Chowdhury discloses wherein the one or more identified compiler options indicated by the API is a just-in-time compiling (Chowdhury [0187] lines 1-13; which shows that the API input includes build options that can include/identify JIT compiler selection, viewed as showing the compiler options indicated/implemented by the API include JIT/just in time compiling option/selection).
As to claims 5, 12 and 19 Chowdhury discloses wherein the API to cause the one or more of operations to be performed using the one or more tensors is further based, at least in part on one or more planning selection (Chowdhury [0054] lines 1-3, [0055] lines 1-14, [0060] lines 1-14, [0184] lines 1-9, [0186] lines 1-7, [0187] lines 1-13, [0188] lines 1-4 and [0194] lines 1-11; which shows that API input information can include compiler selection options, and other custom options and options for address of where to write of pointer to the generated kernel binary for the GPU that can be associated with and perform tensor/matrix operations, viewed as type of selection from the options for the plan for the associated API and associated GPU with tensor/matrix operations to be performed).
As to claims 7, 14 and 20 Chowdhury discloses wherein the API to cause the one or more of operations to be performed using the one or more tensors responds by causing one or more tensor operations to be just-in-time complied and stored in a non-transitory machine readable medium (Chowdhury [0023] lines 1-6, [0054] lines 1-3, [0055] lines 1-14, [0060] lines 1-14, [0184] lines 1-9, [0186] lines 1-7, [0187] lines 1-13, [0188] lines 1-4 and [0194] lines 1-11, [0213] lines 1-5 and [0214] lines 1-19; which shows is response to the API build option selection of JIT the associated kernel source from the GPU, that can perform functions/operations with tensor/matrix usage, thus the tensor/matrix operations that are viewed as part of the kernel source of the GPU that performs the tensor/matrix functions/operations would also be JIT compiled as part of the kernel source being JIT compiled, where the generated compiled binary for the kernel source, including the tensor/matrix operations, are written to a specific address, viewed as memory address, where the embodiment of the invention can be carried out on using code and data stored on one or more electronic devices that can include non-transitory computer machine readable storage, thus viewed as being able to write and store the JIT compiled kernel source that includes the tensor/matrix operations in a non-transitory machine readable medium).
Claims 3-4, 6, 10-11, 13 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Chowdhury and Liu as applied to claims 1, 8 and 15 above, and further in view of Majcher et al. (Pub. No. US 2021/0256092 A1).
As to claims 3, 10 and 17 Chowdhury as modified by Liu does not specifically disclose wherein the API to cause the one or more of operations to be performed using the one or more tensors is further based, at least in part on one or more tensor operation descriptors.
However, Majcher discloses wherein the API to cause the one or more of operations to be performed using the one or more tensors is further based, at least in part on one or more tensor operation descriptors (Majcher [0060] lines 4-10 and [0063] lines 1-6; which shows the specifics that API calls to perform matrix/tensor multiply operations can include operation description information, viewed as tensor operation descriptors).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teachings of Majcher showing the specifics of the API call operation being performed include addition description information for the operation, into the API input configuration to perform tensor operations of Chowdhury as modified by Liu for the purpose of being able to provide additional information to improve the determination of the appropriate algorithm for a given matrix operation, as taught by Majcher [0002] lines 3-6 and [0052] lines 7-22.
As to claims 4, 11 and 18 Chowdhury as modified by Liu does not specifically disclose, however, Majcher discloses wherein the API to cause the one or more of operations to be performed using the one or more tensors is further based, at least in part on one or more tensor data identification (Majcher [0058] lines 5-18, [0060] lines 4-10 and [0063] lines 1-6; which shows that parameters/attributes for API call for matrix/tensor operations can include input matrices information, viewed as type of tensor data identification).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teachings of Majcher showing the specifics of the API call operation being performed include addition description information for the operation, into the API input configuration to perform tensor operations of Chowdhury as modified by Liu for the purpose of being able to provide additional information to improve the determination of the appropriate algorithm for a given matrix operation, as taught by Majcher [0002] lines 3-6 and [0052] lines 7-22
As to claims 6 and 13 Chowdhury as modified by Liu does not specifically disclose, however, Majcher discloses wherein the API to cause the one or more of operations to be performed using the one or more tensors is further based, at least in part on one or more operation parameters (Majcher [0058] lines 5-18, [0060] lines 4-10 and [0063] lines 1-6; which shows the specifics that API calls to perform matrix/tensor multiply operations can include parameters that define aspects of a matrix/tensor multiplication operation).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teachings of Majcher showing the specifics of the API call operation being performed include addition description information for the operation, into the API input configuration to perform tensor operations of Chowdhury as modified by Liu for the purpose of being able to provide additional information to improve the determination of the appropriate algorithm for a given matrix operation, as taught by Majcher [0002] lines 3-6 and [0052] lines 7-22
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADFORD F WHEATON whose telephone number is (571)270-1779. The examiner can normally be reached Monday-Friday 8:00-5:00 EST.
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, Chat Do can be reached at 571-272-3721. 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.
/BRADFORD F WHEATON/Examiner, Art Unit 2193
Prosecution Insights