Prosecution Insights
Last updated: October 27, 2026
Application No. 18/651,343

ADJUSTING BATCH AND/OR WORKLOAD SIZE FOR MODEL PROCESSING

Non-Final OA §102§103
Filed
Apr 30, 2024
Examiner
WU, QING YUAN
Art Unit
2199
Tech Center
2100 — Computer Architecture & Software
Assignee
Advanced Micro Devices Inc.
OA Round
1 (Non-Final)
91%
Grant Probability
Favorable
1-2
OA Rounds
4m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allowance Rate
711 granted / 782 resolved
+35.9% vs TC avg
Moderate +11% lift
Without
With
+10.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
17 currently pending
Career history
802
Total Applications
across all art units

Statute-Specific Performance

§101
18.9%
-21.1% vs TC avg
§103
24.7%
-15.3% vs TC avg
§102
19.5%
-20.5% vs TC avg
§112
26.1%
-13.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 782 resolved cases

Office Action

§102 §103
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 . DETAILED ACTION Claims 15-20 are withdrawn from consideration as directed to non-elected invention. Claims 1-14 are being examined. Election/Restrictions Applicant’s election without traverse of Group I, claims 1-14 in the reply filed on 9/3/26 is acknowledged. Claims 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 9/3/26. Claim Rejections - 35 USC § 102 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-4 and 8-13 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US PG Pub. 2024/0370781 to Padmanabha Iyer et al. (hereafter Padmanabha Iyer). As to claim 12, Padmanabha Iyer teaches the invention as claimed including a method comprising: receiving, via an input of at least one circuit, a first amount of data to be processed with at least one model in the at least one circuit [receiving task requests to perform tasks by scheduling the requests with ML model(s), paragraphs 33, 49 and 78]; generating additional data based on configuration data indicating that when input data of the first amount is to be processed with the at least one model, the input data should be supplemented with additional data to yield a second amount of data to be processed [batching of requests and dynamically padding the inputs to the length of the largest input in a batch, paragraphs 12, 28 and 54-56]; supplementing the first amount of data with the additional data to yield aggregated data that has the second amount of data, the second amount of data being larger than the first amount of data processed [batching of requests and dynamically padding the inputs to yield the length of the largest input in a batch, paragraphs 12, 28 and 54-56; Fig. 8 and corresponding text]; and processing the aggregated data with the at least one model, the aggregated data comprising the first amount of data and the additional data [processing of padded batches with and without scheduling optimization, paragraph 56]. As to claim 13, Padmanabha Iyer teaches the invention as claimed including further comprising processing, with the at least one model, the aggregated data in a number of batches identified by the configuration data [batching of requests and dynamically padding the inputs to yield the length of the largest input in a batch for processing, paragraphs 12, 28 and 54-56; Fig. 8 and corresponding text; computing system being configured by computer-executable instruction to perform the functions, paragraph 68]. As to claims 1-2, Padmanabha Iyer teaches the method for adjusting batch and/or workload size for model processing in claims 12-13, therefore Padmanabha Iyer teaches the apparatus for implementing the method. Furthermore, Padmanabha Iyer teaches a computing system with processor and input [abstract; Fig. 9 and corresponding text]. As to claim 3, Padmanabha Iyer teaches the invention as claimed including wherein processing the aggregated data in the number of batches identified by the configuration data comprises, based on the configuration data, dividing the aggregated data into the number of batches, the number of batches each comprising an amount of data identified by the configuration [batches of requests with minimal padding, paragraphs 12, 28 and 54-56; Fig. 8 and corresponding text; computing system being configured by computer-executable instruction to perform the functions, paragraph 68. As to claim 4, Padmanabha Iyer teaches the invention as claimed including wherein dividing the aggregated data into the number of batches comprises dividing the aggregated data into two batches, each batch having a different amount of data [Request IDs 1-4 which would have been group in one batch without input-aware scheduling are divided into two batches (i.e. length 32 and 128) having different amount of data, Fig. 8 and corresponding text]. As to claim 8, Padmanabha Iyer teaches the invention as claimed including wherein the configuration data is associated with the at least one model and with the at least one circuit with which the at least one model is to execute [batching of requests and dynamically padding the inputs to yield the length of the largest input in a batch for processing by a model, abstract; paragraphs 12, 28 and 54-56; Fig. 8 and corresponding text; computing system being configured by computer-executable instruction to perform the functions, paragraph 68]. As to claim 9, Padmanabha Iyer teaches the invention as claimed including wherein the configuration data indicates, for each amount of data of a plurality of amounts of data that may be received as input to be processed with the at least one model: a number of batches in which to process that amount of data with the at least one model, and/or a larger amount of data to process with the at least one model when that amount of data is received [batching of requests and dynamically padding the inputs to yield the length of the largest input in a batch for processing by a model, abstract; paragraphs 12, 28 and 54-56; Fig. 8 and corresponding text; computing system being configured by computer-executable instruction to perform the functions, paragraph 68]. As to claim 10, Padmanabha Iyer teaches the invention as claimed including wherein in a case that the configuration data indicates that, for an amount of data, a larger amount of data is to be processed, the configuration data further indicates a number of batches in which to process that larger amount of data [batching of requests and dynamically padding the inputs to yield the length of the largest input in a batch for processing by a model, abstract; paragraphs 12, 28 and 54-56; Fig. 8 and corresponding text; computing system being configured by computer-executable instruction to perform the functions, paragraph 68]. As to claim 11, Padmanabha Iyer teaches the invention as claimed including wherein the at least one circuit comprises at least one execution circuit to execute instructions and at least one storage having encoded thereon executable instructions that, when executed by the at least one execution circuit, causes the at least one execution circuit to perform the generating based on the configuration data and the processing the aggregated data [batching of requests and dynamically padding the inputs to yield the length of the largest input in a batch for processing by a model, abstract; paragraphs 12, 28 and 54-56; Fig. 8 and corresponding text; computing system being configured by computer-executable instruction to perform the functions, paragraph 68]. Claim Rejections - 35 USC § 103 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. Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Padmanabha Iyer as applied to claim 1 above. As to claim 5, Padmanabha Iyer does not specifically teach wherein generating the additional data comprises generating data matching a pattern. However, it is well known in the art to use NULL bytes (i.e. 0x00) or other fixed value as padding filler data. It would have been obvious to one of ordinary skill in the art before the effective filing date to have implement various fixed pattern data filler or dummy data as a matter of design choice. Claim(s) 6-7 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Padmanabha Iyer as applied to claims 1 and 12 above, further in view of “Observing and Preventing Leakage in MapReduce” to Ohrimenko et al. (hereafter Ohrimenko). As to claim 14, Padmanabha Iyer does not specifically storing an identification of the additional data; and discarding results corresponding to the identification. However, Padmanabha Iyer disclosed that padding tokens in a batch is wasted computation [paragraph 54, lines 10-13; paragraph 55, lines 1-3]. Furthermore, Ohrimenko teaches the implementation fo batching and padding in data communication in which dummy data in padded output are removed or discarded [section 6. Shuffle-in-the-Middle Solution and section 7.1 Overview, pp. 1577-1578]. It would have been obvious to one of ordinary skill in the art before the effective filing date to have modify Padmanabha Iyer with Ohrimenko to conserve resources by discarding results of wasted computation as being considered by Ohrimenko. As to claims 6-7, these claims are rejected for the same reason as claim 14 above. Any inquiry concerning this communication or earlier communications from the examiner should be directed to QING YUAN WU whose telephone number is (571)272-3776. The examiner can normally be reached M-F 9AM-6PM 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, Lewis Bullock can be reached on 571-272-3759. 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. /QING YUAN WU/Primary Examiner, Art Unit 2199
Read full office action

Prosecution Timeline

Apr 30, 2024
Application Filed
Oct 16, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12769571
CONTROLLER VIRTUALIZATION DEVICE AND CONTROL SYSTEM
3y 8m to grant Granted Oct 20, 2026
Patent 12769587
WORKLOAD-INTENT-BASED LCS RESOURCE CAPABILITY CONFIGURATION SYSTEM
2y 10m to grant Granted Oct 20, 2026
Patent 12761988
MODULAR KERNEL ARRANGEMENT
3y 4m to grant Granted Oct 13, 2026
Patent 12761956
PROPORTIONAL PERFORMANCE METRIC CONTROL FOR PHYSICAL FUNCTIONS OF A MEMORY DEVICE
2y 10m to grant Granted Oct 13, 2026
Patent 12724637
PRIORITIZING CURATION TARGETS FOR DATA CURATION BASED ON DOWNSTREAM IMPACT
3y 2m to grant Granted Sep 01, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
91%
Grant Probability
99%
With Interview (+10.8%)
2y 10m (~4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 782 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month