Prosecution Insights
Last updated: October 23, 2026
Application No. 19/156,288

PERFORMANCE MONITORING METHODS FOR AI MODEL, DEVICES, AND STORAGE MEDIUM

Non-Final OA §102§112
Filed
Aug 13, 2025
Priority
Feb 17, 2023 — nonprovisional of PCTCN2023076971
Examiner
SURVILLO, OLEG
Art Unit
2457
Tech Center
2400 — Computer Networks
Assignee
Beijing Xiaomi Mobile Software Co., Ltd.
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
3y 1m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
425 granted / 585 resolved
+14.6% vs TC avg
Strong +29% interview lift
Without
With
+28.9%
Interview Lift
resolved cases with interview
Typical timeline
4y 3m
Avg Prosecution
19 currently pending
Career history
606
Total Applications
across all art units

Statute-Specific Performance

§101
11.6%
-28.4% vs TC avg
§103
48.4%
+8.4% vs TC avg
§102
13.1%
-26.9% vs TC avg
§112
23.8%
-16.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 585 resolved cases

Office Action

§102 §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 . Response to Preliminary Amendment Applicant’s preliminary amendment dated August 20, 2025 amending claims, specification, and abstract of the invention has been fully considered and is entered. Claims 1-3, 5, 7-13, 15-18, 20-21, 33-34, and 37 are examined. 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. Claims 1-3, 5, 7-13, 15-18, 20-21, 33-34, and 37 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 regards as the invention. As to claims 1, 8, and 15, the preamble states that the claims are directed to a method for monitoring a performance of an artificial intelligence (AI) model. However, none of these claims actually perform any type of monitoring. The only active step of the claim is sending (or receiving) performance monitoring information that is collected (supposedly by monitoring) elsewhere, rendering the scope of the claim indefinite. While various dependent claims further clarify what the performance monitoring value is and how it is calculated, none of the dependent claims have an active step that would corresponding to monitoring the performance of the AI model. Also, it is noted that language such as “for calculating” suggests intended use and does not actually require calculating a performance monitoring value. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-3, 5, 7-13, 15-18, 20-21, 33-34, and 37 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sun et al. (US 2025/0254549 A1). As to claim 1, Sun teaches a method for monitoring a performance of an artificial intelligence (AI) model, performed by a terminal (Fig. 6), wherein the AI model comprises a first model and a second model [multiple AI models], the terminal is deployed with the first model and the second model (par. [0133]), and a network device is deployed with the second model (par. [0144]), and the method comprises: reporting performance monitoring indication information to the network device [step 605 in Fig. 6] (par. [0143]). As to claims 2 and 7, these claims further define the performance monitoring value of the second model. However, this feature is not required by claim 1 that reports performance monitoring indication. As to claims 3 and 5, these claims further define the relevant information for calculating the performance monitoring value. However, this feature is not required by claim 1 that reports performance monitoring indication. As to claim 33, Sun teaches a terminal (Fig. 10), comprising: a processor; and a transceiver connected to the processor, wherein the processor is configured to load and execute executable instructions to implement the method for monitoring the performance of the AI model according to claim 1 (par. [0194]-[0195]). As to claim 8, Sun teaches a method for monitoring a performance of an artificial intelligence (AI) model, performed by a terminal (Fig. 6), wherein the AI model comprises a first model and a second model [multiple AI models], the terminal is deployed with the first model, and a network device is deployed with the second model (par. [0133]), and the method comprises: reporting relevant information for calculating a performance monitoring value of the second model to the network device [step 605 in Fig. 6] (par. [0143]). As to claim 9, Sun teaches that the relevant information for calculating the performance monitoring value comprises a relevant value [performance monitoring results] for calculating first data [for determining whether to activate or deactivate the AI model] (par. [0063]). As to claim 10, Sun teaches that the relevant value for calculating the first data comprises the first input value [performance monitoring results based on the provided configuration parameters] (par. [0062]). As to claim 12, the subject matter of this claim is not required by the preceding claims. As to claim 11, Sun teaches multiple models (par. [0133]). Having models named “a channel status information (CSI) compression” model and “a CSI recovery” model is deemed to be a non-functional description material that is a mere name tag and does not limit the step of reporting. As to claim 13, Sun teaches that reporting the relevant information for calculating the performance monitoring value of the second model to the network device comprises: reporting the relevant information for calculating the performance monitoring value of the second model to the network device in a case where reporting indication information sent by the network device is received [network device transmits configuration parameters for monitoring performance of the one or more AI models to the terminal equipment] (step 301 in Fig. 3, par. [0057]). As to claim 37, Sun teaches a terminal (Fig. 10), comprising: a processor; and a transceiver connected to the processor, wherein the processor is configured to load and execute executable instructions to implement the method for monitoring the performance of the AI model according to claim 8 (par. [0194]-[0195]). As to claim 15, Sun teaches a method for monitoring a performance of an artificial intelligence (AI) model, performed by a network device (Fig. 3), wherein the AI model comprises a first model and a second model [multiple AI models], a terminal is deployed with the first model and the second model, and the network device is deployed with the second model (par. [0133]), and the method comprises: receiving performance monitoring indication information [step 605 in Fig. 6] (par. [0143]). As to claims 16 and 20, these claims further define the performance monitoring value of the second model. However, this feature is not required by claim 15 that receives performance monitoring indication information. As to claims 17 and 18, these claims further define the relevant information for calculating the performance monitoring value. However, this feature is not required by claim 1 that reports performance monitoring indication. As to claim 34, Sun teaches a network device (Fig. 9), comprising: a processor; and a transceiver connected to the processor, wherein the processor is configured to load and execute executable instructions to implement the method for monitoring the performance of the AI model according to claim 15 (par. [0190]-[0191]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLEG SURVILLO whose telephone number is (571)272-9691. The examiner can normally be reached 9:00am - 5:00pm. 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, Ario Etienne can be reached at 571-272-4001. 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. /OLEG SURVILLO/Primary Examiner, Art Unit 2457
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Prosecution Timeline

Aug 13, 2025
Application Filed
Oct 02, 2026
Non-Final Rejection mailed — §102, §112 (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
73%
Grant Probability
99%
With Interview (+28.9%)
4y 3m (~3y 1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 585 resolved cases by this examiner. Grant probability derived from career allowance rate.

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