Prosecution Insights
Last updated: October 23, 2026
Application No. 18/753,687

COMPUTER-BASED SYSTEMS CONFIGURED FOR EVOLUTIONARY FEATURE SEARCH AND METHODS OF USE THEREOF

Non-Final OA §101
Filed
Jun 25, 2024
Examiner
TO, BAOQUOC N
Art Unit
2154
Tech Center
2100 — Computer Architecture & Software
Assignee
Capital One Services LLC
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
868 granted / 966 resolved
+34.9% vs TC avg
Moderate +8% lift
Without
With
+7.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
21 currently pending
Career history
1015
Total Applications
across all art units

Statute-Specific Performance

§101
24.5%
-15.5% vs TC avg
§103
31.1%
-8.9% vs TC avg
§102
18.4%
-21.6% vs TC avg
§112
7.9%
-32.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 966 resolved cases

Office Action

§101
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 . Continuity/reexam data Parent data None Child data None Foreign data No foreign data information (*) - Request to retrieve electronic copy of foreign priority from participating receiving offices. 1. Claim presented for examination: 1-20 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. 2. Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract idea without significantly more. Step 1 (See MPEP 2106) Claims 1-20 are directed to a method, a system and a tangible, non-transitory computer readable medium which belongs to a statutory class. Step 2A, Prong One: Claims recite the limitations: “identifying a current fitness score of the current generation synthesized dataset from the plurality of current importance scores and determining a first number of current features having highest current importance scores among the plurality of current features to identify a plurality of current parent features, the first number being the parent-pool size” are mental processes. “Calculating a current importance score of each of the plurality of current features in reference to the ground truth to form a plurality of current importance scores; utilizing a computation resource utilization machine learning model to calculate a plurality of computation resource utilization metrics based on at least one computation cost function of the current generation synthesized dataset, wherein the plurality of computation resource utilization metrics comprises: a first computation resource utilization metric, identifying a parent-pool size, a second computation resource utilization metric, identifying a population size, and a third computation resource utilization metric, identifying a mutation rate for generating a plurality of subsequent features, crossing over, by the at least one computing device, the plurality of original features to generate a plurality of current features to from a current generation synthesized dataset and crossing over, based on the mutation rate, the plurality of current parent features to generate a second number of subsequent features to form the at least one subsequent generation synthesized dataset, the second number being the population size” are the mathematical algorithm. Step 2A, Prong Two: Claims recite processor and memory including computational instructions which perform the process. These are generic computer components and program which use to perform abstract idea. The additional limitations: “Receiving, by at least one computing device, an original dataset comprising a plurality of original features and a ground truth” is the process for further obtaining the information. “Iterating, by the at least one computing device, the generating of the at least one subsequent generation synthesized dataset to generate a plurality of subsequent generation synthesized datasets until a plurality of subsequent fitness scores of a predetermined number of consecutive generations of the subsequent generations synthesized datasets stop rising, wherein in each iteration of the generating of the at least one subsequent generation synthesized dataset, a subsequent generation synthesized dataset of an immediately preceding iteration becomes a new current generation dataset for a current iteration” is the computer process for producing data using sample set. “Adding, by the at least one computing device, the plurality of parent features of the plurality of subsequent generations synthesized datasets to the original dataset to form an enhanced dataset” is computer process for include additional information to generate or create a set of data and that what computer generic process. The limitation is thus insignificant extra-solution activity. Limitations that the courts have found not to be enough to qualify as "significantly more” when recited in a claim with a judicial exception include: i. Adding the words "apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, e.g., a limitation indicating that a particular function such as creating and maintaining electronic records is performed by a computer, as discussed in Alice Corp., 134 S. Ct. at 2360, 110 USPQ2d at 1984 (see MPEP § 2106.05(f)). 2106.05(g)--Insignificant Extra-Solution Activity. Step 2B: The conclusions for the mere implementation using a computer are carried over and does not provide significantly more. Looking at the claim as a whole does not change this conclusion and the claim is ineligible. As to claims 2 and 12, the limitation: “The crossing over involves multiplying two or more features” is mathematical algorithm. As to claims 3 and 13, the limitation: “The current importance score of each of the plurality of current features is calculated from a correlation coefficient between a feature corresponding to the current importance score and the ground truth” is the mathematical algorithm. As to claims 4 and 14, the limitation: “The current importance score is calculated using a gradient boosting model” is a calculation algorithm. As to claims 5 and 15, the limitation: “The current fitness score is identified as a top one of the plurality of current importance scores” is further defined what current fitness score is and insignificantly to amount significantly more. As to claims 6 and 16, the limitation: “The computation resource utilization machine learning model is a contextual bandits model” is further defined what computation resource utilization machine learning model is. As to claims 7 and 17, the limitation: “The computation resource utilization machine learning model is a contextual bandits model” is only further the computation resource utilization machine learning model. As to claims 8 and 18, the limitation: “The at least one computation cost function of the current generation synthesized dataset is calculated as an amount of time for a run of the current generation's computation in hours minus a difference between a top synthetic feature's importance score of the current generation and a top synthetic feature's importance score of an immediately preceding generation” is only further defined what one computation cost function is and significantly to amount significantly more. As to claims 9 and 19, the limitation: “Sorting features in the enhanced dataset according to importance scores of the features” is the data organization of data using score. As to claim 10, “The at least one computing device includes a plurality of computing nodes parallelly performing the crossings to generate the plurality of current features” are the computing nodes executing in parallel to generate value are mathematical algorithm. Conclusion 3. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAOQUOC N TO whose telephone number is (571)272-4041. The examiner can normally be reached Mon-Fri 9AM - 6PM. 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, Boris Gorney can be reached at 571-270-5626. 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. BAOQUOC N. TO Examiner Art Unit 2154 /BAOQUOC N TO/ Primary Examiner, Art Unit 2154
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Prosecution Timeline

Jun 25, 2024
Application Filed
Sep 01, 2026
Non-Final Rejection mailed — §101
Oct 08, 2026
Interview Requested
Oct 14, 2026
Applicant Interview (Telephonic)
Oct 17, 2026
Examiner Interview Summary

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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
90%
Grant Probability
98%
With Interview (+7.9%)
2y 7m (~3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 966 resolved cases by this examiner. Grant probability derived from career allowance rate.

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