DETAILED ACTION
This action is responsive to communications filed on December 4, 2023. This action is made Non-Final.
Claims 1-10, 13, 14, and 16-23 are pending in the case.
Claims 1, 6, and 10 are independent claims.
Claims 13, 20, and 21 are rejected.
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 .
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statement (IDS(s)) submitted on 03/12/2024 is/are in compliance with the provisions of 37 C.F.R. 1.97. Accordingly, the IDS(s) is/are being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: a first data party, at least one second data party, in claim 10.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 101
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.
Claims 13, 20, and 21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claim(s) 13:
Claim 13 recites a “computer-readable storage medium” for storing instructions for performing various functions. The recited “computer-readable storage medium” is not sufficiently limited to non-transitory media. Thus, the recited “computer-readable storage medium” is interpreted to include nonstatutory subject matter (e.g. signals, carrier waves, etc.).
Accordingly, Claim 13 fails to recite statutory subject matter under 35 U.S.C. 101.
Claim(s) 20:
Claim 20 recites a “computer-readable storage medium” for storing instructions for performing various functions. The recited “computer-readable storage medium” is not sufficiently limited to non-transitory media. Thus, the recited “computer-readable storage medium” is interpreted to include nonstatutory subject matter (e.g. signals, carrier waves, etc.).
Accordingly, Claim 20 fails to recite statutory subject matter under 35 U.S.C. 101.
Claim(s) 21:
Claim 21 recites a “computer-readable storage medium” for storing instructions for performing various functions. The recited “computer-readable storage medium” is not sufficiently limited to non-transitory media. Thus, the recited “computer-readable storage medium” is interpreted to include nonstatutory subject matter (e.g. signals, carrier waves, etc.).
Accordingly, Claim 21 fails to recite statutory subject matter under 35 U.S.C. 101.
Allowable Subject Matter
Claim 1-10, 14, 16-19, 22, and 23 are allowed.
Claim 13, 20, and 21 allowable subject to the rejections indicated above.
Note
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Yang, Qiang, et al. "Federated machine learning: Concept and applications." ACM Transactions on Intelligent Systems and Technology (TIST) 10.2 (2019): 1-19;
Pfitzner, Bjarne, Nico Steckhan, and Bert Arnrich. "Federated learning in a medical context: a systematic literature review." ACM Transactions on Internet Technology (TOIT) 21.2 (2021): 1-31;
Zhang, Qingsong, et al. "Asysqn: Faster vertical federated learning algorithms with better computation resource utilization." Proceedings of the 27th ACM SIGKDD conference on knowledge discovery & data mining. 2021.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Andrew T McIntosh whose telephone number is (571)270-7790. The examiner can normally be reached M-Th 8:00am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tamara Kyle can be reached at 571-272-4241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW T MCINTOSH/Primary Examiner, Art Unit 2144
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