Prosecution Insights
Last updated: July 17, 2026
Application No. 19/008,940

EFFICIENT CONVOLUTION IN MACHINE LEARNING ENVIRONMENTS

Non-Final OA §DP
Filed
Jan 03, 2025
Priority
Dec 30, 2017 — continuation of 11/710,028 +1 more
Examiner
SHERMAN, STEPHEN G
Art Unit
2621
Tech Center
2600 — Communications
Assignee
Intel Corporation
OA Round
3 (Non-Final)
82%
Grant Probability
Favorable
3-4
OA Rounds
11m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
1350 granted / 1645 resolved
+20.1% vs TC avg
Strong +17% interview lift
Without
With
+17.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
28 currently pending
Career history
1668
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
80.4%
+40.4% vs TC avg
§102
5.2%
-34.8% vs TC avg
§112
9.6%
-30.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1645 resolved cases

Office Action

§DP
CTNF 19/008,940 CTNF 81428 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Continued Examination Under 37 CFR 1.114 07-42-04 AIA A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7 May 2026 has been entered. Response to Arguments 07-38-01 AIA Applicant’s arguments, see pages 6-8 of the response , filed 16 March 2026 , with respect to the 103 rejections in view of the amendments have been fully considered and are persuasive. The 103 rejections of claims 1-3, 5-7 and 21-32 has been withdrawn. On page 6 of the response, with regards to the Double Patenting rejection, the applicant states that they would timely submit a terminal disclaimer at the time of allowance of the pending claims. However, since no terminal disclaimer has been filed, the Double Patenting rejection is maintained. Double Patenting 08-33 AIA 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. 08-34 AIA Claim s 1-3, 5-7 and 21-32 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-12 of U.S. Patent No. 12,223,417 . Although the claims at issue are not identical, they are not patentably distinct from each other because the present claims are merely broader versions of the patented claims, and thus are anticipated by the patented claims . Below is a comparison between present claim 1 vs. patented claim 2: Present claim 1 Patented claim 2 An apparatus comprising: processing circuitry to: An apparatus comprising: processor circuitry coupled to a memory, the processor circuitry to: initialize geometric shape-based training of a filter group based on one or more values obtained from a bin, wherein the bin is identified based on the filter group and selected based on a geometric shape of the object; and initiate geometric shape-specific training of a neural network based on the trained filter group . wherein the processor circuitry is further to: receive input images having geometric shapes associated with an object for which a neural network is trained ; and detect and select input images having geometric shapes associated with the object for which the neural network is to be trained , obtaining filters from weights generated based on the geometric shapes , generate weights providing filters based on the geometric shapes ; wherein the filters are sorted in filter groups based on common geometric shapes , sort the filters in filter groups based on common geometric shapes of the geographic shapes ; wherein the filter groups are stored in bins based on the common geometric shapes , wherein the bin includes the filter group associated with the geometric shape of the object ; and store the filter groups in bins based on the common geometric shapes , wherein one or more bins of the bins correspond to one or more respective geometric shapes of the common geometric shapes . wherein one or more bins correspond to one or more geometric shapes . As shown above, besides wording, the main difference between the claims is that present claim 1 is merely broader than patented claim 2. Therefore, the present claim 1 is anticipated by patented claim 2. Present claims 2-3, 5-7 and 21-32 are similarly rejected as above over claims 1-12 of U.S. Patent No. 12,223,417 . 08-34 AIA Claim s 1-3, 5-7 and 21-32 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-17 of U.S. Patent No. 11,710,028 . Although the claims at issue are not identical, they are not patentably distinct from each other because the present claims are merely broader versions of the patented claims, and thus are anticipated by the patented claims . Below is a comparison between present claim 1 vs. patented claim 1: Present claim 1 Patented claim 1 An apparatus comprising: processing circuitry to: An apparatus comprising: one or more processors coupled to memory, the one or more processors to: receive input images having geometric shapes associated with an object for which a neural network is trained ; and detect and select input images having a plurality of geometric shapes associated with an object for which a neural network is to be trained ; obtaining filters from weights generated based on the geometric shapes , generate weights providing filters based on the plurality of geometric shapes ; wherein the filters are sorted in filter groups based on common geometric shapes , sort the filters in filter groups based on common geometric shapes of the plurality of geographic shapes , wherein the common geometric shapes are identified based on analysis of lower- layer filters of the filters using one or more visualization inspection tools , wherein the filter groups are stored in bins based on the common geometric shapes , wherein one or more bins of the bins correspond to one or more respective geometric shapes of the common geometric shapes . wherein two or more of the filters shared by a common geometric shape of the common geometric shapes are grouped into a single filter group of the filter groups ; and store the filter groups in bins based on the common geometric shapes such that a bin is selected based on a corresponding geometric shape of the object, the bin having a filter group associated with the geometric shape . As shown above, besides wording, the main difference between the claims is that present claim 1 is merely broader than patented claim 1. Therefore, the present claim 1 is anticipated by patented claim 1. Present claims 2-3, 5-7 and 21-32 are similarly rejected as above over claims 1-17 of U.S. Patent No. 11,710,028 . Allowable Subject Matter Claims 1-3, 5-7 and 21-32 would be allowable if rewritten or amended to overcome the Double Patenting rejections, set forth in this Office action, or by filing a Terminal Disclaimer. 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: The primary reason for indicating allowable subject matter is the inclusion of the limitations reciting “wherein one or more bins of the bins correspond to one or more respective geometric shapes of the common geometric shapes ” which, in combination with the other recited features, is not taught and/or suggested either singularly or in combination within the prior art. In the closest prior art: Chang et al. (US 2017/0103309) disclose of receiving input images having shapes/features (Figure 1 and paragraphs [0022] and [0027], the shapes are vertical lines, diagonal lines, etc. for handwritten characters.), and obtaining filters based on the shapes/features (Figures 2-3 and paragraphs [0026]-[0027].). Chang et al. fail to teach of the specifically claimed geometric shapes and also fails to teach of bins. See page 8 of the Non-Final Rejection dated 16 September 2025. See also pages 7-8 of the response filed 16 December 2025. Prokhorov et al. (US 2018/0074493) disclose generally of detecting geometric features, lines/curves, etc. so as to detect simple shapes, i.e. geometric shapes (Paragraph [0093].). Prokhorov et al. fail to teach of storing in bins. Valdiserri et al. (US 2007/0177784) disclose generally of “bin” or “binning” which, as known in the art, refers to storing associated data as a collection or group of data (Paragraph [0014]), however, fails to apply this teaching to the specifically claimed application. See pages 7-8 of the response filed 16 March 2026 where the applicant explains the fundamental difference between Valdiserri et al. and the claimed invention. Thus, even in combination, the closest prior art fails to teach and/or suggest the specifically claimed features as highlighted above . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN G SHERMAN whose telephone number is (571)272-2941. The examiner can normally be reached Monday - Friday, 8:00am - 4pm ET. 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, AMR AWAD can be reached at (571)272-7764. 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. /STEPHEN G SHERMAN/Primary Examiner, Art Unit 2621 18 May 2026 Application/Control Number: 19/008,940 Page 2 Art Unit: 2621 Application/Control Number: 19/008,940 Page 4 Art Unit: 2621 Application/Control Number: 19/008,940 Page 6 Art Unit: 2621 Application/Control Number: 19/008,940 Page 7 Art Unit: 2621 Application/Control Number: 19/008,940 Page 8 Art Unit: 2621 Application/Control Number: 19/008,940 Page 9 Art Unit: 2621 Application/Control Number: 19/008,940 Page 11 Art Unit: 2621 Application/Control Number: 19/008,940 Page 12 Art Unit: 2621
Read full office action

Prosecution Timeline

Jan 03, 2025
Application Filed
Sep 16, 2025
Non-Final Rejection mailed — §DP
Dec 16, 2025
Response Filed
Jan 15, 2026
Final Rejection mailed — §DP
Mar 16, 2026
Response after Non-Final Action
May 07, 2026
Request for Continued Examination
May 08, 2026
Response after Non-Final Action
May 21, 2026
Non-Final Rejection mailed — §DP (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

3-4
Expected OA Rounds
82%
Grant Probability
99%
With Interview (+17.0%)
2y 5m (~11m remaining)
Median Time to Grant
High
PTA Risk
Based on 1645 resolved cases by this examiner. Grant probability derived from career allowance rate.

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