Prosecution Insights
Last updated: October 02, 2026
Application No. 18/664,202

SHARED LEARNING ACROSS SEPARATE ENTITIES WITH PRIVATE DATA FEATURES

Non-Final OA §DP
Filed
May 14, 2024
Priority
Jan 25, 2019 — continuation of 11/989,633
Examiner
WERNER, MARSHALL L
Art Unit
Tech Center
Assignee
Stripe Inc.
OA Round
1 (Non-Final)
66%
Grant Probability
Favorable
1-2
OA Rounds
1y 5m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 66% — above average
66%
Career Allowance Rate
144 granted / 218 resolved
+6.1% vs TC avg
Strong +41% interview lift
Without
With
+40.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
35 currently pending
Career history
271
Total Applications
across all art units

Statute-Specific Performance

§101
28.3%
-11.7% vs TC avg
§103
41.3%
+1.3% vs TC avg
§102
6.6%
-33.4% vs TC avg
§112
20.8%
-19.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 218 resolved cases

Office Action

§DP
DETAILED ACTION This action is in response to the Applicant Response filed 14 May 2024 for application 18/664,202 filed 14 May 2024. Claim(s) 1-20 is/are pending. Claim(s) 1-9, 16-20 is/are rejected. Claim(s) 10-15 is/are allowed. 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 . Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1-9, 16-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7, 28-29, 31-33 of U.S. Patent No. 11,989,633 (16/258,116) in view of Wan et al. (Privacy-Preservation for Gradient Descent Methods, hereinafter referred to as “Wan”). Although the claims at issue are not identical, they are not patentably distinct from each other, because, as noted in the table below, claims 1-9, 16-20 of the instant application have similar limitations as recited in U.S. Patent No. 11,989,633 (16/258,116). Application 18/664,202 U.S. Pat. No. 11,989,633 (16/258,116) Claim 1 Claim 1 A method comprising: A computer-implemented method, the method comprising: training, by a first device, a first machine model that produces for an event corresponding to a training record of a set of training records: training, by a first party using a set of training records, a first model that produces for a respective event corresponding to a respective training record of the set of training records: a first score related to a label classification of the event, a first-party score related to a label classification of the respective event, wherein at least one first feature from a set of features for the event is not shared with a second device, wherein at least one first feature from a set of features for the respective event is not shared and at least one other feature from the set of features for the respective event is shared with a second party, wherein the first device and second device are controlled by different entities, training, by a first party … wherein at least one first feature … is not shared … with a second party, wherein the training record corresponds to, if yet available, a second score, generated previously by the second device using at least a set of second features comprising at least one second feature that is not shared with the first device, and wherein the respective training record corresponds to, if available, a second-party score, generated previously by the second party using at least a set of second party features comprising at least one third feature that is not shared and at least one fourth feature that is shared with the first party, and wherein, when an iteration of the training is a first iteration, the second score is not yet available in the first iteration, and wherein the second-party score is not available in a first iteration corresponding to an initial round of performing the set of steps for the training of the model that produces the first-party score, when the iteration of the training is a subsequent iteration, the second score is available in the subsequent iteration; and the second-party score is available in a second iteration corresponding to a subsequent round of performing the set of steps for the training of the model that produces the first-party score; sending the first score to the second device by the first device, wherein the second device uses the first score to train a second machine model to produce a next second score related to a label classification of the event; communicating the first-party score to the second party, for use by the second party to train a second model to produce another second-party score related to a label classification of the respective event; and receiving, by the first device, the next second score from the second device; receiving, by the first party, the other second-party score from the second party; repeating iteratively the training the first machine model, the sending the first score, and the receiving the next second score for each event in each training record of the set of training records until a training stop condition has been reached; and responsive to a training stop condition having not been reached, repeating a set of steps, the set of steps corresponding to a particular iteration for training a set of models, the set of steps comprising: providing one or more trained models including the first machine model. responsive to the training stop condition having been reached, outputting one or more trained models. Claim 2 Claim 2 wherein the training stop condition includes that a number of iterations have been reached or that a prediction error between iterations is less than a threshold. wherein the training stop condition comprises at least one of: a number of iterations have been reached; a sufficient prediction quality level tested on a test data set having been achieved; having reached a model's ability to improve; or a prediction error between iterations is less than a threshold. Claim 3 Claim 2 wherein the training stop condition includes that a sufficient prediction quality level tested on a test data set had been achieved or that a model’s ability to improve had been reached. wherein the training stop condition comprises at least one of: a number of iterations have been reached; a sufficient prediction quality level tested on a test data set having been achieved; having reached a model's ability to improve; or a prediction error between iterations is less than a threshold. Claim 4 Claim 3 training, by the first device, a third machine model that produces for the event corresponding to the training record, a third score related to a particular label classification of the event, the training of the third machine model using the set of training records and the second scores; training, by the first party, a third model that produces for the respective event corresponding to the respective training record, a second first-party score related to a particular label classification of the respective event, the training of the third model using the set of training records and the second-party scores; sending the third score to the second device, wherein the second device uses the third score to train a fourth model to produce a fourth score related to a particular label classification of the event; and communicating the second first-party score to the second party, for use by the second party to train a fourth model to produce a third second-party score related to a particular label classification of the respective event; receiving, by the first device, the fourth score from the second device. receiving, by the first party, the third second-party score from the second party. Claim 5 Claim 4 predicting a label for an unlabeled event using at least one of the one or more trained models. predicting a label for an unlabeled event using at least one of the one or more trained models. Claim 6 Claim 5 wherein predicting the label for the unlabeled event comprises: wherein predicting a label for the unlabeled event using the one or more trained models comprises: generating a first prediction score by a first trained model of the one or more trained models based on event data associated with the unlabeled event and a second prediction score of a prior iteration, when available; given associated event data associated with the unlabeled event, using a trained first-party model, at least some of the associated event data, and a second-party score of a prior iteration, if such exists and is available, to generate a first-party score; sending the first prediction score to the second device, wherein the second device generates a second prediction score for a current iteration; communicating the first-party score to the second party, in which the second party uses the first-party score to produce for the unlabeled event a second-party score related to a label classification of the unlabeled event; receiving from the second device, the second prediction score for the current iteration; receiving the second-party score; and repeating the generating, the sending, and the receiving until reaching a prediction stop condition; and responsive to a prediction stop condition having not been reached, repeating steps comprising: when the prediction stop condition is reached outputting the label for the unlabeled event. responsive to the prediction stop condition having been reached, outputting the label for the unlabeled event. Claim 7 Claim 6 wherein the second device generates the second predication score based on the first prediction score and the event data associated with the unlabeled event. wherein the second party produces the second-party score for the unlabeled event by performing the steps comprising: using a trained second-party model, at least some of the associated event data of the unlabeled event, and the first-party score of a prior iteration to generate the second-party score. Claim 8 Claim 7 comparing the label predicted for the unlabeled event with a label predicted by the second device to determine whether the labels match. comparing the label predicted for the unlabeled event with a label predicted by the second party to determine whether the labels match. Claim 9 wherein the first machine model corresponds to a logistic regression classifier, random forest classifier, decision tree classifier, or a neural network classifier. Claim 16 Claim 28 A non-transitory computer-readable medium comprising: A non-transitory computer-readable medium comprising: computer-readable instructions that, when executed by one or more processors, cause the one or more processors to perform one or more operations comprising: computer-readable instructions that, when executed by a processor, cause the processor to perform one or more operations comprising: training, by a first device, a first machine model that produces for an event corresponding to a training record of a set of training records: training, by a first party using a set of training records, a first model that produces for a respective event corresponding to a respective training record of the set of training records: a first score related to a label classification of the event, a first-party score related to a label classification of the respective event, wherein at least one first feature from a set of features for the event is not shared with a second device, wherein at least one first feature from a set of features for the respective event is not shared and at least one other feature from the set of features for the respective event is shared with a second party, wherein the first device and second device are controlled by different entities, training, by a first party … wherein at least one first feature … is not shared … with a second party wherein the training record corresponds to, if yet available, a second score, generated previously by the second device using at least a set of second features comprising at least one second feature that is not shared with the first device, and wherein the respective training record corresponds to, if available, a second-party score, generated previously by the second party using at least a set of second party features comprising at least one third feature that is not shared and at least one fourth feature that is shared with the first party, wherein, when an iteration of the training is a first iteration, the second score is not yet available in the first iteration, and wherein the second-party score is not available in a first iteration corresponding to an initial round of performing the set of steps for the training of the model that produces the first-party score, when the iteration of the training is a subsequent iteration, the second score is available in the subsequent iteration; the second-party score is available in a second iteration corresponding to a subsequent round of performing the set of steps for the training of the model that produces the first-party score; sending the first score to the second device by the first device, communicating the first-party score to the second party, wherein the second device uses the first score to train a second machine model to produce a next second score related to a label classification of the event; or use by the second party to train a second model to produce another second-party score related to a label classification of the respective event; receiving, by the first device, the next second score from the second device; receiving, by the first party, the other second-party score from the second party; repeating iteratively the training the first machine model, the sending the first score, and the receiving the next second score for each event in each training record of the set of training records until a training stop condition has been reached; and responsive to a training stop condition having not been reached, repeating a set of steps, the set of steps corresponding to a particular iteration for training a set of models, the set of steps comprising: providing one or more trained models including the first machine model. responsive to the training stop condition having been reached, outputting one or more trained models. Claim 17 Claim 29 wherein the training stop condition includes that a number of iterations had been reached, that a prediction error between iterations is less than a threshold, that a sufficient prediction quality level tested on a test data set had been achieved or that a model’s ability to improve had been reached. wherein the training stop condition comprises at least one of: a number of iterations have been reached; a sufficient prediction quality level tested on a test data set having been achieved; having reached a model's ability to improve; or a prediction error between iterations is less than a threshold. Claim 18 Claim 31 predicting a label for an unlabeled event using at least one of the one or more trained models. predicting a label for an unlabeled event using at least one of the one or more trained models. Claim 19 Claim 32 wherein predicting the label for the unlabeled event comprises: wherein predicting the label for the unlabeled event using the one or more trained models comprises: generating a first prediction score by a first trained model of the one or more trained models based on event data associated with the unlabeled event and a second prediction score of a prior iteration, when available; given associated event data associated with the unlabeled event, using a trained first-party model, at least some of the associated event data, and a second-party score of a prior iteration, if such exists and is available, to generate a first-party score; sending the first prediction score to the second device, wherein the second device generates a second prediction score for a current iteration; communicating the first-party score to the second party, in which the second party uses the first-party score to produce for the unlabeled event a second-party score related to a label classification of the unlabeled event; receiving from the second device, the second prediction score for the current iteration; receiving the second-party score; and repeating the generating, the sending, and the receiving until reaching a prediction stop condition; and responsive to a prediction stop condition having not been reached, repeating steps comprising: when the prediction stop condition is reached outputting the label for the unlabeled event. responsive to the prediction stop condition having been reached, outputting the label for the unlabeled event. Claim 20 Claim 33 wherein the second device generates the second predication score based on the first prediction score and the event data associated with the unlabeled event. wherein the second party produces the second-party score for the unlabeled event by performing the steps comprising: using a trained second-party model, at least some of the associated event data of the unlabeled event, and the first-party score of a prior iteration to generate the second-party score. Regarding claim 9, U.S. Patent No. 11,989,633 teaches all of the limitations of claim 1 as stated in the chart. However, U.S. Patent No. 11,989,633 does not explicitly teach wherein the first machine model corresponds to a logistic regression classifier, random forest classifier, decision tree classifier, or a neural network classifier. Wan teaches wherein the first machine model corresponds to a logistic regression classifier, random forest classifier, decision tree classifier, or a neural network classifier (Wan, section 3.3 – teaches linear regression and neural networks). It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify U.S. Patent No. 11,989,633 with the teachings of Wan in order to extend the notion of privacy preservation or secure multi-party computation to gradient-descent-based techniques in the field of privacy-preserving classification on vertically partitioned data (Wan, Abstract – “Gradient descent is a widely used paradigm for solving many optimization problems. Stochastic gradient descent performs a series of iterations to minimize a target function in order to reach a local minimum. In machine learning or data mining, this function corresponds to a decision model that is to be discovered. The gradient descent paradigm underlies many commonly used techniques in data mining and machine learning, such as neural networks, Bayesian networks, genetic algorithms, and simulated annealing. To the best of our knowledge, there has not been any work that extends the notion of privacy preservation or secure multi-party computation to gradient-descent-based techniques. In this paper, we propose a preliminary approach to enable privacy preservation in gradient descent methods in general and demonstrate its feasibility in specific gradient descent methods.”). Allowable Subject Matter Claims 10-15 are allowed. The following is an examiner’s statement of reasons for allowance: in view of claim 10 and further search, claim 10 is considered allowable since when reading the claim in light of the specification, as per MPEP 2111.01, none of the references of record either alone or in combination fairly disclose or suggest the combination of limitations specified in the claim. Regarding the cited limitations of claim 10 which do not appear to be taught by the prior art: Wan et al. teaches two parties together using vertically partitioned data. Yu teaches a multi-party privacy preserving model using vertically partitioned data. However, claim 10 is deemed to be directed to a nonobvious improvement over the prior art of record. As noted above, the claim comprises iterative processing between two parties using iteration scores and vertically partitioned data. Therefore, the cited/applied prior art fails to teach or suggest each and every feature of each of the combination of features recited in independent claim 10. When taken into context, the claim as a whole was not uncovered in the prior art; i.e., all dependent claims which depend from claim 10 are allowed as they depend upon an allowable independent claim. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled "Comments on Statement of Reasons for Allowance." Conclusion Any inquiry concerning this communication or earlier communication from the examiner should be directed to MARSHALL WERNER whose telephone number is (469) 295-9143. The examiner can normally be reached on Monday – Thursday 7:30 AM – 4:30 PM ET. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kamran Afshar, can be reached at (571) 272-7796. The fax 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. /MARSHALL L WERNER/ Primary Examiner, Art Unit 2125
Read full office action

Prosecution Timeline

May 14, 2024
Application Filed
Sep 09, 2026
Non-Final Rejection mailed — §DP (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12734402
WRIST REHABILITATION TRAINING SYSTEM BASED ON MUSCLE COORDINATION AND VARIABLE STIFFNESS IMPEDANCE CONTROL
3y 4m to grant Granted Sep 15, 2026
Patent 12711429
Generation and Utilization of Channel Allocation Models for Resource Allocation Recommendations
3y 7m to grant Granted Aug 18, 2026
Patent 12705513
METHOD, DEVICE AND STORAGE MEDIA FOR MULTI-AGENT MOTION PREDICTION
3y 12m to grant Granted Aug 11, 2026
Patent 12689373
UNIVERSAL FAST-FLUX CONTROL OF LOW-FREQUENCY QUBITS
3y 11m to grant Granted Jul 21, 2026
Patent 12657495
TECHNOLOGIES FOR SIGNAL CONDITIONING OF SIGNALS FOR QUBITS
4y 7m to grant Granted Jun 16, 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
66%
Grant Probability
99%
With Interview (+40.7%)
3y 9m (~1y 5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 218 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