Prosecution Insights
Last updated: August 17, 2026
Application No. 19/066,944

ELIMINATION OF OVER-SATURATION EFFECTS OF GENERATIVE MODELS

Non-Final OA §101
Filed
Feb 28, 2025
Priority
Oct 03, 2024 — provisional 63/703,064
Examiner
WU, YANNA
Art Unit
2615
Tech Center
2600 — Communications
Assignee
Eidgenössische Technische Hochschule Zürich
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
366 granted / 452 resolved
+19.0% vs TC avg
Strong +34% interview lift
Without
With
+34.2%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 2m
Avg Prosecution
16 currently pending
Career history
471
Total Applications
across all art units

Statute-Specific Performance

§101
9.8%
-30.2% vs TC avg
§103
69.4%
+29.4% vs TC avg
§102
6.9%
-33.1% vs TC avg
§112
8.3%
-31.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 452 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 . 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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claimed invention is directed to non-statutory subject matter because the claim(s) as a whole, considering all claim elements both individually and in combination, do not amount to significantly more than an abstract idea. As summarized in the 2019 Revised Patent Subject Matter Eligibility Guidance, examiners must perform a Two-Part Analysis for Judicial Exceptions. Step 1 In Step 1, it must be determined whether the claimed invention is directed to a process, machine, manufacture or composition of matter. The instant invention encompasses a method in claims 1-17 (i.e., a process); a storage medium in claims 18-19 (i.e. a manufacture); an apparatus in claims 20 (i.e., a machine). All claims are directed to one of the four statutory categories and meet the requirements of step 1. Step 2A Prong One The claimed invention is directed to an abstract idea without significantly more. The instant invention is broadly about generating an output based on mathematical manipulation. Claim 1 recites the following (with emphasis added): A method comprising: determining, by a generative model, a conditional output and an unconditional output for denoising a noisy sample; determining an update direction based on the conditional output and the unconditional output; decomposing the update direction into a first component and a second component; weighting one or more of the first component and the second component to generate a weighted update direction, wherein the weighted update direction is based on reducing a strength of the second component; and determining a denoised output based on the conditional output and the weighted update direction, wherein the denoised output is used to generate a generative output by the generative model. Claim 1 encompass the abstract idea, which is also encompassed by the dependent claims 2-17. Claim 1 recites the steps for process of obtaining data, computing and manipulate data, which is directed to the mathematical relationships and calculations, a mathematical concept. Independent claims 18 and 20 recite similar limitations as claim 1, thus are about mathematical concept. Prong Two Claim 1, 18 and 20 recites using a generative model, which could be a machine learning model to perform the abstract idea. Claim 18 and 20 recites using a computer device or processors to perform the abstract idea. This judicial exception is not integrated into a practical application because mere instruction to implement on a computer or a computer model, or merely using a computer or computer model as a tool to perform the abstract idea, adding insignificant extra solution activity, and/or generally linking the use of the abstract idea to a technological environment or field of use is not considered integration into a practical application. The using of the computer, a generic system and the neural network model does not add improvement to the functioning of a computer or to any other technology field, which failed to enable the abstract idea to integrate into a practical application. Claims 2-17, 19 are about more mathematical data, relationships and calculations, which are abstract idea. The claims do not include additional elements that are sufficient to enable the abstract idea to integrate into a practical application. Step 2B Step 2B in the analysis requires us to determine whether the claims do significantly more than simply describe that abstract method. Mayo, 132 S. Ct. at 1297. We must examine the limitations of the claims to determine whether the claims contain an "inventive concept" to "transform" the claimed abstract idea into patent-eligible subject matter. Alice, 134 S. Ct. at 2357 (quoting Mayo, 132 S. Ct. at 1294, 1298). The transformation of an abstract idea into patent-eligible subject matter "requires 'more than simply stat[ing] the [abstract idea] while adding the words 'apply it."' Id. (quoting Mayo, 132 S. Ct. at 1294) (alterations in original). "A claim that recites an abstract idea must include 'additional features' to ensure 'that the [claim] is more than a drafting effort designed to monopolize the [abstract idea].'" Id. (quoting Mayo, 132 S. Ct. at 1297) (alterations in original). Those "additional features" must be more than "well-understood, routine, conventional activity." Mayo, 132 S. Ct. at 1298. The present claims include the additional elements other than the abstract idea which include a computer (e.g. processor and memory). These additional elements are merely conventional computer. Any potentially technical aspects of the claims are well-known generic computer components performing conventional functions (e.g., a processor performing generic data handling using mathematical concepts). The present claims have been analyzed both individually and in combination and, the instant claims do not provide any improvement of the functioning of the computer or improvement to computer technology or any other technical field. There do not appear to be any meaningful limitations other than those that are well-understood, routine and conventional in the field. Thus the present claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claims are generally linked to implement an abstract idea on a computer. When looked at individually and as a whole, the claim limitations are determined to be an abstract idea without "significantly more," and thus not patent eligible. Allowable Subject Matter Claims 1-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 101, set forth in this Office action. The following is a statement of reasons for the indication of allowable subject matter: The claim limitation of “decomposing the update direction into a first component and a second component;” is interpreted accordingly the Specification paragraphs [0020], where the first component and second component corresponds to the parallel component and orthogonal component respectively, where parallel component means the update direction is parallel to the conditional model output and the orthogonal component means the update direction is orthogonal to the conditional model output. Regarding claim 1, Zhang et al. (US 2025/0292371 A1) teaches: A method comprising: determining, by a generative model, a conditional output and an unconditional output for denoising a noisy sample; (FIG. 2, step S1063 and S1062 generating conditional output and unconditional output.) determining an update direction based on the conditional output and the unconditional output; (FIG. 2, step S1064 generating correction value delta x.)and determining a denoised output based on the conditional output and the weighted update direction, wherein the denoised output is used to generate a generative output by the generative model.(FIG. 1, after the iteration ending condition is met at step S110, the generating denoised output are the final output.) However, Zhang does not teach: decomposing the update direction into a first component and a second component; weighting one or more of the first component and the second component to generate a weighted update direction, wherein the weighted update direction is based on reducing a strength of the second component; Claims 18 and 20 recite similar limitations of claim 1. Other relevant references: Voynov et al. (US 2025/0371678 A1) teaches denoising neural network, which uses classifier-free guidance at each reverse diffusion step. When using classifier-free guidance, the network processes the first denoising input for the reverse diffusion step using the denoising neural network but not conditioned on the respective conditioning input to generate another denoising output. The network then combines the conditional and unconditional denoising outputs in accordance with a guidance weight for the reverse diffusion step to generate a final denoising output. Ho et al. (US 2024/0338936 A1) recites a method: receiving the input; initializing a current intermediate representation; generating an output video by updating the current intermediate representation at each of a plurality of iterations, wherein the updating comprises, at each iteration: processing an intermediate input for the iteration comprising the current intermediate representation using a diffusion model that is configured to process the intermediate input to generate a noise output; and updating the current intermediate representation using the noise output for the iteration. However, Ho does not teach the limitations of the claim 1 as a whole. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to YANNA WU whose telephone number is (571)270-0725. The examiner can normally be reached Monday-Thursday 8:00-5:30 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, Alicia Harrington can be reached at 5712722330. 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. /YANNA WU/Primary Examiner, Art Unit 2615
Read full office action

Prosecution Timeline

Feb 28, 2025
Application Filed
Jul 28, 2026
Non-Final Rejection mailed — §101 (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
81%
Grant Probability
99%
With Interview (+34.2%)
2y 2m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 452 resolved cases by this examiner. Grant probability derived from career allowance rate.

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