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 1-5 are pending in this office action.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on October 1, 2024, is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claims 1-5 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without an "inventive concept" sufficient to transform the abstract idea into a patent-eligible application. The claims are directed to a mathematical algorithm and a process of organizing or analyzing information, which are recognized abstract ideas. Claims 2 and 5 are explicitly directed to a mathematical formula for "Simulated Annealing" and the calculation of "cASR" (continuous Attack Success Rate). The core of the invention involves generating a random trigger, iteratively modifying it, and comparing "old" vs. "new" success rates (scores) to reach a conclusion. This represents a series of mathematical steps for data analysis that can be performed by a human or a computer. The method characterizes the behavior of an external model (the "black-box") solely by analyzing input/output relationships. Identifying patterns in data (Trojan triggers) through iterative optimization is a fundamental mental or mathematical exercise. Step 2A. The claims do not integrate the abstract idea into a practical application that provides a "technical improvement" to a computer or another technology. The system in Claim 1 utilizes a generic "server," "processor," and "memory". These components perform their standard, well-understood functions of storing and executing instructions. While the specification argues that this method is "architecture agnostic" and "data-efficient", the claims do not recite a specific improvement to the functioning of the computer itself. Instead, the computer is merely a tool used to perform the mathematical optimization (simulated annealing) faster than a human could. Step 2B. The claims lack an "inventive concept" that is "significantly more" than the abstract idea itself. Simulated annealing, iterative optimization, and calculating success rates are well-known mathematical techniques in the field of computer science. Limiting the mathematical algorithm to the specific field of "neural Trojan detection" is a "field of use" restriction, which the courts have held does not transform an abstract idea into eligible subject matter. The claims do not detail how the "black-box" model is interacted with in a way that is unique to the hardware; they only describe the logical flow of the algorithm. Because the claims recite a mathematical algorithm (simulated annealing) executed on generic computer hardware to analyze data (cASR), they are directed to an abstract idea and are ineligible for patent protection under 35 U.S.C. 101.
Claim Rejections - 35 USC § 102
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.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Feng et al. (Detecting Backdoors in Pre-trained Encoders, 2023).
Regarding claim 1, Feng et al. teaches a system for zero-shot black-box detection of neural Trojans comprising: a server (abstract); a processor (abstract); memory storing instructions, which when executed by the processor, cause the processor to apply a zero-shot black-box detection of neural Trojans algorithm (section 1, page 2, “the first backdoor detection approach for pre-trained encoders”).
Regarding claim 2, Feng et al. teaches wherein the zero-shot black-box detection of neural Trojans uses an algorithm (section 4.2, pages 4 and 5, “the cosing similarity of these embeddings guides the optimization of trigger”, “minimal trigger size”, “iteratively optimized to the minimal”).
Regarding claim 3, Feng et al. teaches a method of using zero-shot black-box detection of neural Trojans comprising: receiving a patch (section 2.1, page 2, “patch like triggers”); performing simulated annealing on the patch using a zero-shot black-box detection of neural Trojans algorithm (section 4.2, page 5, “trigger size is iteratively optimized”); detecting the presence of a Trojan (section 4.2.1, page 5, “detect backdoored encoders” and fig. 3).
Regarding claim 4, Feng et al. teaches wherein the patch includes at least one of a random pattern, a size, a shape, or a location (section G.2, page 15, random).
Regarding claim 5, Feng et al. teaches wherein the zero-shot black-box detection of neural Trojans uses an algorithm (section 4.2, pages 4 and 5, “the cosing similarity of these embeddings guides the optimization of trigger”, “minimal trigger size”, “iteratively optimized to the minimal”).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDON HOFFMAN whose telephone number is (571)272-3863. The examiner can normally be reached Monday-Friday 8:30AM-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey Pwu can be reached at (571)272-6798. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRANDON HOFFMAN/Primary Examiner, Art Unit 2433
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