Prosecution Insights
Last updated: October 26, 2026
Application No. 18/977,516

GENERATING SYNTHETIC REPRESENTATIONS

Non-Final OA §112
Filed
Dec 11, 2024
Priority
Dec 06, 2023 — EU 23214619.1 +1 more
Examiner
ZHANG, WAYNE
Art Unit
2672
Tech Center
2600 — Communications
Assignee
Bayer Aktiengesellschaft
OA Round
1 (Non-Final)
59%
Grant Probability
Moderate
1-2
OA Rounds
1y 1m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 59% of resolved cases
59%
Career Allowance Rate
16 granted / 27 resolved
-2.7% vs TC avg
Strong +43% interview lift
Without
With
+43.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
20 currently pending
Career history
54
Total Applications
across all art units

Statute-Specific Performance

§101
18.3%
-21.7% vs TC avg
§103
40.6%
+0.6% vs TC avg
§102
11.9%
-28.1% vs TC avg
§112
27.4%
-12.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 27 resolved cases

Office Action

§112
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 Acknowledgment is made of applicant's claim for foreign priority based on an application filed in EP on 12/6/2023. It is noted, however, that the Applicant has not filed a certified copy of the EP23214619.1 application as required by 37 CFR 1.55. Receipt is acknowledged that application claims priority to foreign application with application number EP24181125.6 dated 6/10/2024. Copies of certified papers required by 37 CFR 1.55 have been received. Priority is acknowledged under 35 USC 119(e) and 37 CFR 1.78. Information Disclosure Statement The IDS dated 4/11/2025 and 6/6/2025 have been considered and placed in the application file. Specification Applicant is reminded of the proper language and format for an abstract of the disclosure. The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details. Claim Objections Claim 9 recites “wherein the generative machine learning model (MLM) is or comprises one or more of the following: artificial neural network, convolutional neural network, variational autoencoder, generative adversarial network, transformer, diffusion network”. “wherein the generative machine learning model (MLM) is or comprises the generative machine learning model (MLM) is or comprises…” should read as “wherein the generative learning model (MLM) comprises…”. Claim 12 recites “a processing unit or; and” and “a memory storing a computer program (60) configured to perform, when executed by the processing unit or, an operation, the operation comprising.” The “or” should be deleted. Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. Claim(s) 1-13, 15 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. Claim 1 (and correspondingly claims 2, 12-13) recites “c.2) generating a second synthetic representation (SR2) of the examination area of the reference object, wherein generating the second synthetic representation (SR2) comprises: subtracting the first reference representation (RR1) from the first synthetic representation (SR1)… c.4) generating a fourth synthetic representation (SR4) of the examination area of the reference object, wherein generating the fourth synthetic representation (SR4) comprises: subtracting the third synthetic representation (SR3) from the first synthetic representation (SR1) or adding the third synthetic representation (SR3) to the first reference representation (RR1),”. It is unclear what the Applicant is claiming when stating “subtracting”, as subtraction can comprise of multiple definitions, such as finding a difference between the two representations or subtracting the pixels from one image to another. For examination purposes, the examiner will interpret this limitation as the latter. Claim 1 also recites “c.3) generating a third synthetic representation (SR3) of the examination area of the reference object, wherein generating the third synthetic representation (SR3) comprises: reducing the contrast of the second synthetic representation (SR2).” There is insufficient antecedent basis for “the contrast”. For examination purposes, the examiner will interpret this as “a contrast”. Claim 2 (and correspondingly claims 12 and 13) recites “b) providing a first representation (R1) and/or a second representation (R2) of the examination area of an examination object…”. There is insufficient antecedent basis for “a first representation” and “a second representation”. For examination purposes, the examiner will interpret both respectively as “the first representation” and “the second representation”. Claim 9 recites “wherein the generative machine learning model (MLM) is or comprises one or more of the following: artificial neural network, convolutional neural network, variational autoencoder, generative adversarial network, transformer, diffusion network.”. It is unclear if the Applicant is claiming a disjunctive or conjunctive form of the machine learning model, as the Applicant has not included an “and” or “or” in the claim. For examination purposes, the examiner will interpret this limitation as the former. Claim 12 recites “a processing unit or; and” and “a memory storing a computer program (60) configured to perform, when executed by the processing unit or, an operation, the operation comprising.” The “or” raises some ambiguity as to whether the Claims 3-11, 15 are rejected for their dependencies on claim 1. Allowable Subject Matter Claims 1-13, 15 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. References Cited US 20250371681 A1 to Radbruch et al. describes obtaining MRI images based on images without contrast agent and with contrast agents. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to WAYNE ZHANG whose telephone number is (571) 272-0245. The examiner can normally be reached Monday-Friday 10:00-6:00 EST. 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, Ms. Sumati Lefkowitz can be reached on (571) 272-3638. 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. /WAYNE ZHANG/Examiner, Art Unit 2672 /SUMATI LEFKOWITZ/Supervisory Patent Examiner, Art Unit 2672
Read full office action

Prosecution Timeline

Dec 11, 2024
Application Filed
Oct 13, 2026
Non-Final Rejection mailed — §112 (current)

Precedent Cases

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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
59%
Grant Probability
99%
With Interview (+43.3%)
2y 11m (~1y 1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 27 resolved cases by this examiner. Grant probability derived from career allowance rate.

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