Prosecution Insights
Last updated: October 02, 2026
Application No. 18/739,389

MACHINE LEARNING DEVICE, MACHINE LEARNING METHOD, AND NON-TRANSITORY COMPUTER-READABLE MEDIUM HAVING MACHINE LEARNING PROGRAM

Non-Final OA §103
Filed
Jun 11, 2024
Priority
Dec 23, 2021 — JP 2021-209555 +1 more
Examiner
DUNAY, CHRISTOPHER E
Art Unit
Tech Center
Assignee
JVCKENWOOD Corporation
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
576 granted / 754 resolved
+16.4% vs TC avg
Moderate +14% lift
Without
With
+14.0%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 10m
Avg Prosecution
23 currently pending
Career history
775
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
52.6%
+12.6% vs TC avg
§102
21.9%
-18.1% vs TC avg
§112
21.4%
-18.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 754 resolved cases

Office Action

§103
DETAILED ACTION 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 certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 8/9/2024 was filed after and is being considered by the examiner. 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) 1, 3, and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu et al (Self-Promoted Prototype Refinement for Few-Shot Class-Incremental Learning) in view of Gidaris et al (Generating Classification Weights with GNN Denoising Autoencoders for Few-Shot Learning). In regard to claims 1, 3, and 4, Zhu et al disclose a machine learning device that performs continual learning of a novel class with fewer samples than a base class, comprising: a base class feature extraction unit that extracts feature vectors of samples in the base class using a pre-trained model; a base class classification unit that uses feature vectors of the samples in the base class as input and classifies the samples in the base class using the classification weight of the base class; a feature optimization unit that performs meta-learning of an optimization module that is based on the pre-trained model and optimizes feature vectors of samples in the novel class; a novel class feature averaging unit that averages the feature vectors of the samples in the novel class for each class and calculates the classification weight of the novel class; and an unknown class classification unit that uses, as input, feature vectors of samples in an unknown class extracted using the optimization module and classifies the samples in the unknown class using the reconstruction classification weight. Zhu et al fail to disclose a graph neural network or a graph attention network that uses the classification weight of the base class and the classification weight of the novel class as input, performs meta-learning of the dependence relationship between the base class and the novel class, and outputs a reconstruction classification weight. Gidaris et al teach a graph neural network or a graph attention network that uses the classification weight of the base class and the classification weight of the novel class as input, performs meta-learning of the dependence relationship between the base class and the novel class, and outputs a reconstruction classification weight. It would have been obvious to one of ordinary skill in the art at the time of filing to implement Zhu’s inter-class dependency based prototype refinement using the GNN of Gidaris, because Gidaris teaches that a GNN model’s co-dependencies among base and novel classes and generates reconstructed classification weights therefrom, therby providing a known technique for accomplishing Zhu’s stated objective of refining classification prototypes based on dependencies among different classes. Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu et al (Self-Promoted Prototype Refinement for Few-Shot Class-Incremental Learning) in view of Gidaris et al (Generating Classification Weights with GNN Denoising Autoencoders for Few-Shot Learning), and further, in view of Saito et al (Maximum Classifier Discrepancy for Unsupervised Domain Adaptation). In regard to claim 2, the combination of Zhu et al and Gidaris et al fail to disclose wherein parameters of the feature optimization unit are fixed at the time of learning of parameters of the graph neural network while the parameters of the graph neural network are fixed at the time of learning of the parameters of the feature optimization unit when the meta-learning is performed in units of episodes. Saito et al teach parameters of the feature optimization unit are fixed at the time of learning of parameters of the graph neural network while the parameters of the graph neural network are fixed at the time of learning of the parameters of the feature optimization unit when the meta-learning is performed in units of episodes. It would have been obvious to one of ordinary skill in the art at the time of filing to modify the combined system of Zhu and Gidaris by alternately optimizing the feature optimization component and the GNN component while holding the parameters of the other component fixed, as taught by Saito, because Saito teaches alternating optimization of the interacting NN components in which classifier parameters are optimized while the feature generator is fixed and the feature generator is optimized while the classifier parameters are fixed. A PHOSITA would be motivated to apply this known training technique to the feature optimization unit and GNN of the combined Zhu and Gidaris system to separately optimize the interacting parameter sets and thereby facilitate stable training of the respective components. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E DUNAY whose telephone number is (571)270-1222. The examiner can normally be reached 7:00 am - 6:00 pm. 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, James (Jong-Suk) Lee can be reached at 571-272-7044. 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. /CHRISTOPHER E DUNAY/Primary Examiner, Art Unit 2875
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Prosecution Timeline

Jun 11, 2024
Application Filed
Aug 13, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
90%
With Interview (+14.0%)
1y 10m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 754 resolved cases by this examiner. Grant probability derived from career allowance rate.

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