DETAILED ACTION
1. This is a Non-Final Office Action Correspondence in response to U.S. Application No. 19/170133 filed on April 04, 2025.
Notice of Pre-AIA or AIA Status
2. 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 U.S.C. §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.
3. Claims 1-6 are rejected under 35 USC 101 as directed to an abstract idea without significantly more.
With respect to Step 1, the claims are directed to a computer-implemented method.
With respect to Step 2A Prong one independent claim, 1, specifically claim 1 recites generating a vector index structure of data points”, in the context of this claim encompasses the user generating an index with data points, “searching for a node similar to a query vector using the vector index structure”, in the context of this claim encompasses the using a pen and paper to write a vector, “calculating a similarity between the node and the query vector”, in the context of this claim encompasses the user mentally calculating a similarity vector, “and updating the similarity by giving a weight to a vector index inflow time of the node”, in the context of this claim encompasses the using a pen and paper to update the index. These limitations could be reasonably and practically performed by the human mind, for instance based on a human can using a pen and paper, generate a data structure with data points, search a document for information, locate similar data and update similar of information based upon the time of the information. Accordingly, the claim recites a mental process, which can be done utilizing pen and paper.
Accordingly, the claim recites an abstract idea.
Step 2A Prong Two the claims do not recite additional elements that integrate the judicial exception into a practical application.
The independent claim of 1 recites no new additional elements.
This judicial exception is not integrated into a practical application.
With respect to Step 1, the claims are directed to a computer-implemented method.
With respect to Step 2A Prong one dependent claim, 2, specifically claim 2 recites “wherein the generating of the vector index structure comprises, when vectors of the data points are added to vector indexes, recording a timestamp of a time point at which the vectors are added to the vector indexes”, in the context of this claim encompasses the user mentally writing a timestamp when information is documented. These limitations could be reasonably and practically performed by the human mind, for instance based on a human can using a pen and paper, generate a data structure with data points, search a document for information, locate similar data and update similar of information based upon the time of the information. Accordingly, the claim recites a mental process, which can be done utilizing pen and paper.
Accordingly, the claim recites an abstract idea.
Step 2A Prong Two the claims do not recite additional elements that integrate the judicial exception into a practical application.
The dependent claim of 2 recites no new additional elements.
This judicial exception is not integrated into a practical application.
With respect to Step 1, the claims are directed to a computer-implemented method.
With respect to Step 2A Prong one dependent claim, 3, specifically claim 3 recites “updating the similarity by weighing at least one of a frequency at which the node is used for vector similarity calculation and a frequency at which the node is derived as closest data, and the generating of the vector index structure comprises forming, as a single layer, a graph including nodes which represent feature values of the data points, and edges which represent correlations between the plurality of nodes”, in the context of this claim encompasses the user mentally writing a timestamp when information is documented. These limitations could be reasonably and practically performed by the human mind, for instance based on a human can using a pen and paper, generate a data structure with data points, search a document for information, locate similar data and update similar of information based upon the time of the information. Accordingly, the claim recites a mental process, which can be done utilizing pen and paper.
Accordingly, the claim recites an abstract idea.
Step 2A Prong Two the claims do not recite additional elements that integrate the judicial exception into a practical application.
The dependent claim of 3 recites no new additional elements.
This judicial exception is not integrated into a practical application.
With respect to Step 2A Prong one dependent claim, 4, specifically claim 4 recites “recording all nodes for the data points and only connecting similar nodes using horizontal edges to form a bottom layer; and forming increasingly fewer nodes in upper layers and connecting a node of a lower layer and a node of an upper layer which are similar to each other using a vertical edge to form a hierarchical structure”, in the context of this claim encompasses the user mentally writing a timestamp when information is documented. These limitations could be reasonably and practically performed by the human mind, for instance based on a human can using a pen and paper, generate a data structure with data points, search a document for information, locate similar data and update similar of information based upon the time of the information. Accordingly, the claim recites a mental process, which can be done utilizing pen and paper.
Accordingly, the claim recites an abstract idea.
Step 2A Prong Two the claims do not recite additional elements that integrate the judicial exception into a practical application.
The dependent claim of 4 recites no new additional elements.
This judicial exception is not integrated into a practical application.
With respect to Step 1, the claims are directed to a server.
With respect to Step 2A Prong one independent claim, 5, specifically claim 5 recites “generates a vector index structure of data points”, in the context of this claim encompasses the user generating an index with data points, “searches for a node similar to a query vector using the vector index structure”, in the context of this claim encompasses the using a pen and paper to write a vector, “calculates a similarity between the node and the query vector”, in the context of this claim encompasses the user mentally calculating a similarity vector, “and updates the similarity by giving a weight to a vector index inflow time of the node”, in the context of this claim encompasses the using a pen and paper to update the index. These limitations could be reasonably and practically performed by the human mind, for instance based on a human can using a pen and paper, generate a data structure with data points, search a document for information, locate similar data and update similar of information based upon the time of the information. Accordingly, the claim recites a mental process, which can be done utilizing pen and paper.
Accordingly, the claim recites an abstract idea.
Step 2A Prong Two the claims do not recite additional elements that integrate the judicial exception into a practical application.
The independent claim of 5 recites no new additional elements.
This judicial exception is not integrated into a practical application.
With respect to Step 1, the claims are directed to a non-transitory computer readable-medium.
With respect to Step 2A Prong one independent claim, 6, specifically claim 6 recites “generates a vector index structure of data points”, in the context of this claim encompasses the user generating an index with data points, “searches for a node similar to a query vector using the vector index structure”, in the context of this claim encompasses the using a pen and paper to write a vector, “calculates a similarity between the node and the query vector”, in the context of this claim encompasses the user mentally calculating a similarity vector, “and updates the similarity by giving a weight to a vector index inflow time of the node”, in the context of this claim encompasses the using a pen and paper to update the index. These limitations could be reasonably and practically performed by the human mind, for instance based on a human can using a pen and paper, generate a data structure with data points, search a document for information, locate similar data and update similar of information based upon the time of the information. Accordingly, the claim recites a mental process, which can be done utilizing pen and paper.
Accordingly, the claim recites an abstract idea.
Step 2A Prong Two the claims do not recite additional elements that integrate the judicial exception into a practical application.
The independent claim of 6 recites no new additional elements.
This judicial exception is not integrated into a practical application.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1, 2, 4-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. U.S. Patent Application Publication No. 2021/0406321 (herein as ‘Li’).
As to claim 1 Li teaches a method of searching for a vector by a server, the method comprising:
generating a vector index structure of data points (Par. 0024 Li discloses generating vector indices);
searching for a node similar to a query vector using the vector index structure (Par. 0024 Li discloses generating vector indices and searching for vectors within the indices);
calculating a similarity between the node and the query vector (Par. 0024 Li discloses generating vector indices, searching for vectors within the indices that are closest or nearest neighbor to the query);
and updating the similarity by giving a weight to a vector index inflow time of the node (Par. 0024 Li discloses updating the indexes with new information based upon the passage of time).
As to claim 2 Li teaches each and every limitation of claim 1.
In addition Li teaches wherein the generating of the vector index structure comprises, when vectors of the data points are added to vector indexes, recording a timestamp of a time point at which the vectors are added to the vector indexes (Par. 0024 Li discloses updating the indexes with new information based upon the passage of time).
As to claim 4 Li teaches each and every limitation of claim 1.
In addition Li teaches wherein the generating of the vector index structure comprises: recording all nodes for the data points and only connecting similar nodes using horizontal edges to form a bottom layer (Par. 0028 Li discloses adding new nodes to the graph based on the top-k nearest nodes);
and forming increasingly fewer nodes in upper layers and connecting a node of a lower layer and a node of an upper layer which are similar to each other using a vertical edge to form a hierarchical structure (Par. 0029 Li discloses listing nodes within a distance that are close to the neighbors. Next door nodes are seen as a frequency of too close since the nodes can be reached within a frequency of 1 node).
As to claim 5 Li teaches a server for searching for a vector (Par. 0058 Li discloses a server); comprising:
a communication unit configured to receive a query (Par. 0046 Li discloses a processor to receive the query);
and a processor, wherein the processor generates a vector index structure of data points (Par. 0024 Li discloses generating vector indices based upon queries);
searches for a node similar to a query vector using the vector index structure (Par. 0024 Li discloses generating vector indices and searching for vectors within the indices);
calculates a similarity between the node and the query vector (Par. 0024 Li discloses generating vector indices, searching for vectors within the indices that are closest or nearest neighbor to the query);
and updates the similarity by giving a weight to a vector index inflow time of the node (Par. 0024 Li discloses updating the indexes with new information based upon the passage of time).
As to claim 6 Li teaches a non-transitory computer-readable recording medium on which a computer program executed by a computer device is recorded, wherein the computer program comprises:
generating a vector index structure of data points (Par. 0024 Li discloses generating vector indices based upon queries);
searching for a node similar to a query vector using the vector index structure (Par. 0024 Li discloses generating vector indices and searching for vectors within the indices);
calculating a similarity between the node and the query vector (Par. 0024 Li discloses generating vector indices, searching for vectors within the indices that are closest or nearest neighbor to the query);
and updating the similarity by giving a weight to a vector index inflow time of the node (Par. 0024 Li discloses updating the indexes with new information based upon the passage of time).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
7. Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. U.S. Patent Application Publication No. 2021/0406321 (herein as ‘Li’).
and further in view of Szabo U.S. Patent No. 7,181,438 (herein as ‘Szabo’).
As to claim 3 Li teaches each and every limitation of claim 1.
Li does not teach but Szabo teaches wherein the updating of the similarity comprises updating the similarity by weighing at least one of a frequency at which the node is used for vector similarity calculation and a frequency at which the node is derived as closest data (Col. 11 Lines 45-50 Szabo discloses identifying similar nodes based upon frequencies);
Li and Szabo are analogous art because they are in the same field of endeavor, vector searching. It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify the vector index of Li to include the identifier with URL of Szabo, to allow for accessing content in order to identify relevant information (Par. Col. 3 Lines 5-45 Szabo).
Li teaches and the generating of the vector index structure comprises forming, as a single layer, a graph including nodes which represent feature values of the data points, and edges which represent correlations between the plurality of nodes (Par. 0033 Li discloses generating a master table that is used to store the feature vectors in the graph).
Conclusion
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JERMAINE A MINCEY whose telephone number is (571)270-5010. The examiner can normally be reached 8am EST until 5pm 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, Ann J Lo can be reached at (571) 272-9767. 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.
/J.A.M/ January 03, 2026Examiner, Art Unit 2159 /ANN J LO/Supervisory Patent Examiner, Art Unit 2159