Prosecution Insights
Last updated: August 17, 2026
Application No. 18/663,634

METHOD FOR COMMUNICATION BETWEEN AI/ML CAPABLE CLIENTS DURING FEDERATED LEARNING

Non-Final OA §102§103
Filed
May 14, 2024
Priority
May 15, 2023 — provisional 63/466,604 +1 more
Examiner
WALKER, MICHAEL JARED
Art Unit
Tech Center
Assignee
Tencent Technology (Shenzhen) Company Limited
OA Round
1 (Non-Final)
57%
Grant Probability
Moderate
1-2
OA Rounds
5m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 57% of resolved cases
57%
Career Allowance Rate
162 granted / 285 resolved
-3.2% vs TC avg
Strong +32% interview lift
Without
With
+31.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
20 currently pending
Career history
310
Total Applications
across all art units

Statute-Specific Performance

§101
32.8%
-7.2% vs TC avg
§103
30.7%
-9.3% vs TC avg
§102
15.4%
-24.6% vs TC avg
§112
16.6%
-23.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 285 resolved cases

Office Action

§102 §103
DETAILED ACTION 1. Claims 1-20 are currently pending. The effective filing date of the present application is 5/15/2023. Notice of Pre-AIA or AIA Status 2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Objections 3. Claims 1-20 are objected to because of the following informalities: Claim 1 (similarly claims 11 and 20) like “an device.” Claim 5 (similarly claim 15) recites “an a language setting.” Appropriate correction is required. Claim Rejections - 35 USC § 102 4. 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention. 5. Claims 1, 4, 11, 14 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pat. Pub. No. 2023/0143458 to Park et al. (“Park”). 6. With regards to claim 1 (Similarly claims 11 and 20), Park disclosed the limitations of, enveloping a message, of one or more federated learning messages, by a control message format(Al/ML split computing [federated learning] includes indicating services supported using a message field [enveloping message] by configuring a POU message field value [control message format]; para [0047]-[0048], [0063]), the control message format comprising a plurality of fields respectively indicating ones of an identifier of the message, a size of the message, a type of the message, and a body of the message (POU message includes a plurality of values [fields] to indicate a plurality of attributes including an identifier [identifier of message and session type to establish [type of message]; para [0015], [0062]-[0063]); and controlling the AI/ML federated learning based on the message enveloped by the control message format Al/ML split computing configured based on POU message indicating type of session to establish; para [0036], [0050], [0062]-[0063]), wherein the AI/ML federated learning comprises a server controlling a plurality of separate devices to implement federated portions the AI/ML federated learning (Al/ML includes implementing split computing [federated portions] using a server and a plurality of UE devices; para [0036], [0044], [0050]) and to respectively report results of implementing the federated portions from each of the plurality of separate devices to the server (data according to the ML training/inference may be fed back [report] from the UE [separate devices], performing ML training/inference, to the network [server], wherein the ML training/inference includes processing of split computing [federated portions]; para [0036]-[0037], [0050]), and wherein the body of the message indicates at least one of an AI/ML federated learning synchronization among the plurality of separate devices, an device eligibility of the AI/ML federated learning, a model evaluation of the AI/ML federated learning, a model update of the AI/ML federated learning, and an error of the AI/ML federated learning to indicate that the POU session is session establishment for split computing [Al/ML federated learning], the UE may include a predesignated, separate indicator in the POU session establishment request message [body of the message] about the split computing application service [device eligibility]; para [0063]-[0064]). 7. With regards to claim 4 (Similarly claim 14), Park disclosed the limitations of, wherein the body of the message indicates the device eligibility and one or more criteria of device eligibility for the AI/ML federated learning (to indicate that the POU session is session establishment for split computing [Al/ML federated learning], the UE may include a predesignated, separate indicator in the POU session establishment request message [body of the message] about the split computing application service [device eligibility] and an associated QoS parameter [criteria]; para [0063]-[0064]). Claim Rejections - 35 USC § 103 8. 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. 9. Claims 2-3, 5-10, 12-13, 15 and 16-19 are rejected under 35 U.S.C. 103 as being unpatenable by Park in view of U.S. Pat. Pub. No. 2022/00344049 to Li et al. (“Li”). 10. With regards to claim 2 (Similarly claim 12), Park is silent on the limitations of, wherein the AI/ML federated learning comprises rounds of federated learning each being an iteration back and forth between the server and the plurality of separate devices, and wherein the AI/ML federated learning is implemented in parallel at the plurality of separate devices. However, Li teaches wherein the Al/ML federated learning comprises rounds of federated learning each being an iteration back and forth between the server and the plurality of separate devices (master node [server] manages distributed learning of a plurality of student nodes [plurality of sperate devices] that exchange learning data between master node [server] and the plurality of student nodes [plurality of devices] in multiple iterations of several training rounds; para [0134]-[0136]), and wherein the Al/ML federated learning is implemented in parallel at the plurality of separate devices (distributed Al learning [federated learning] implemented in parallel between network nodes including master node [server] and student nodes [plurality of devices]; para [0010], [0011], [0276]). It would have been obvious to one of ordinary skill in the art prior to modify the Al/ML federated learning system of Park by incorporating federation learning in a plurality of iterations including parallel processing of learning data, as suggested by Li, in order to optimize efficiency and reduce computational cost of processing a large datasets (para [0140], Li). 11. With regards to claim 3 (Similarly claim 13), Park discloses the limitations of, wherein the body of the message indicates the AI/ML (Al/ML split computing configured based on POU message [body of message] indicating type of session to establish; para [0036], [0050], [0062]-[0063]) Park is silent on the limitations of, federated learning synchronization among the plurality of devices and that, of a round of the rounds of the federated learning, the federated learning is to begin at a same time at each of the plurality of separated devices. However, Li teacheas federated learning synchronization among the plurality of devices and that, of a round of the rounds of the federated learning, the federated learning is to begin at a same time at each of the plurality of separated devices (distributed Al learning for a plurality of slave nodes [plurality of devices] manages by a master node includes synchronization of data processing of training/learning data of the slave nodes using parallel data processing; para [0010]-[0011], [0276]). It would have been obvious to one of ordinary skill in the art prior to modify the Al/ML federated learning system of Park by incorporating federation learning in synchronization between a plurality of devices, as suggested by Li, in order to optimize efficiency and reduce computational cost of processing a large datasets (para [0140], Li). 12. With regards to claim 5 (Similarly claim 15), Park is silent on the limitations of, wherein the one or more criteria of device eligibility for the AI/ML federated learning is any of an operating system, a processor speed, an available memory, an available image library, a number of images, a geographical location, an a language setting. However, LI teaches wherein the one or more criteria of device eligibility for the Al/ML federated learning is any of an operating system, a processor speed, an available memory, an available image library, a number of images, a geographical location, and a language setting (server nodes exchange updates of Al/ML federated training data between UE nodes [plurality of devices] and central server including indication of location data [geographical location]; para [00581). It would have been obvious to one of ordinary skill in the art to modify the federated learning system of Park by exchanging location data between servers and associated network nodes, as suggested by LI, in order to reduce computational complexity and latency in exchanging federated data by exchanging critical network data (para [0060], LI). 13. With regards to claim 6 (Similarly claim 16), Park is silent on the limitations of, wherein the model evaluation of the AI/ML federated learning instructs the plurality of separate devices to implement an evaluation of a model of the AI/ML federated learning. However, Li teaches wherein the model evaluation of the Al/ML federated learning instructs the plurality of separate devices to implement an evaluation of a model of the Al/ML federated learning (a plurality of student nodes [separate device] are managed by a central server node to test a model using a distributed Al/ML learning process to assess accuracy of the model [model evaluation]; para [0114], [0121], [0124]). It would have been obvious to one of ordinary skill in the art prior to modify the Al/ML federated learning system of Park by incorporating federation learning for model evaluation, as suggested by Li, in order to optimize efficiency and reduce computational cost of processing large datasets (para [0140], Li). 14. With regards to claim 7 (Similarly claim 17), Park is silent on the limitations of, wherein the model evaluation of the AI/ML federated learning instructs the plurality of separate devices to implement an evaluation of a model separate from the AI/ML federated learning. However, Li teaches wherein the model evaluation of the Al/ML federated learning instructs the plurality of separate devices to implement an evaluation of a model separate from the Al/ML federated learning (a plurality of student nodes [separate device] are managed by a central server node to test a model using a distributed Al/ML learning process to assess accuracy of the model [model evaluation]; para [0114], [0121], [0124]). It would have been obvious to one of ordinary skill in the art prior to modify the Al/ML federated learning system of Park by incorporating federation learning for model evaluation, as suggested by Li, in order to optimize efficiency and reduce computational cost of processing a large datasets (para [0140], Li). 15. With regards to claim 8 (Similarly claim 18), Park is silent on the limitations of, wherein the model update of the AI/ML federated learning instructs the plurality of separate devices to update parameters of a model of the AI/ML federated learning. However, Li teaches wherein the model update of the Al/ML federated learning instructs the plurality of separate devices to update parameters of a model of the Al/ML federated learning (a plurality of student nodes [separate device] are managed by a central server node to test a model using a distributed Al/ML learning process to assess accuracy of the model [model evaluation] and report an update on the model evaluation; para [0109], [0114], [0121], [0124]). It would have been obvious to one of ordinary skill in the art prior to modify the Al/ML federated learning system of Park by incorporating federation learning for model evaluation and updates, as suggested by Li, in order to optimize efficiency and reduce computational cost of processing a large datasets (para [0140], Li). 16. With regards to claim 9 (Similarly claim 19), Park is silent on the limitations of, wherein the model update is an instruction from the server to the plurality of separate devices. However, Li teaches wherein the model update is an instruction from the server to the plurality of separate devices (a plurality of student nodes [separate device] are managed by a central server node to test [instruct] a model using a distributed Al/ML learning process to assess accuracy of the model [model evaluation] and report an update on the model evaluation; para [0109], [0114], [0121], [0124]). It would have been obvious to one of ordinary skill in the art prior to modify the Al/ML federated learning system of Park by incorporating federation learning for model evaluation and updates, as suggested by Li, in order to optimize efficiency and reduce computational cost of processing a large datasets (para [0140], Li). 17. With regards to claim 10, Park is silent on the limitations of, wherein the model update is an instruction from the at least one of the plurality of separate devices to the se However, Li teaches wherein the model update is an instruction from the at least one of the plurality of separate devices to the server (a plurality of student nodes [separate device] are managed by a central server node to test a model using a distributed Al/ML learning process to assess accuracy of the model [model evaluation] and report [instruct] an update on the model evaluation; para [0109], [0114], [0121], [0124]). It would have been obvious to one of ordinary skill in the art prior to modify the Al/ML federated learning system of Park by incorporating federation learning for model evaluation and updates, as suggested by Li, in order to optimize efficiency and reduce computational cost of processing a large datasets (para [0140], Li). 18. With regards to claim 19, Park is silent on the limitations of, wherein the model update is one of a first instruction, from the server to the plurality of separate devices, and a second instruction from the at least one of the plurality of separate devices to the server. However, Li teaches wherein the model update is one of a first instruction, from the server to the plurality of separate devices (a plurality of student nodes [separate device] are managed by a central server node to test [instruct] a model using a distributed Al/ML learning process to assess accuracy of the model [model evaluation] and report an update on the model evaluation; para [0109], [0114], [0121], [0124]), and a second instruction from the at least one of the plurality of separate devices to the server (a plurality of student nodes [separate device] are managed by a central server node to test a model using a distributed Al/ML learning process to assess accuracy of the model [model evaluation] and report [instruct] an update on the model evaluation; para [0109], [0114], [0121], [0124]). It would have been obvious to one of ordinary skill in the art prior to modify the Al/ML federated learning system of Park by incorporating federation learning for model evaluation and updates, as suggested by Li, in order to optimize efficiency and reduce computational cost of processing a large datasets (para [0140], Li). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Notice of References Cited, PTO form 892. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL JARED WALKER whose telephone number is (303)297-4407. The examiner can normally be reached Monday-Thursday 9:00 AM -5:00 PM CT. 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, Fahd Obeid can be reached at (571)270-3324. 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. /MICHAEL JARED WALKER/Primary Examiner, Art Unit 3627 Michael.walker@uspto.gov
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Prosecution Timeline

May 14, 2024
Application Filed
Jul 27, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
57%
Grant Probability
88%
With Interview (+31.6%)
2y 8m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 285 resolved cases by this examiner. Grant probability derived from career allowance rate.

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