DETAILED ACTION
This action is in response to the filing of 11-12-2025. Claims 1-5, 7, 15, 17-18 and 20 are pending and have been considered below:
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Claim interpretation has been withdrawn.
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 1-5, 7, 15, 17-18 and 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: Claims 1-5, 7, 15, 17-18 and 20 represent method and system type claims. Therefore claims 1-5, 7, 15, 17-18 and 20 are directed to either a process, machine, manufacture or composition of matter.
Regarding claims 1, 15 and 18:
2A Prong 1:
obtaining, an exercise text set already completed by a user;
obtaining, text data exercised by the user within a preset time period and the user's age
calculating, the total volume of the obtained text data;
deleting the obtained text data based on the total volume and the user's age
determining, the retained text date to form the exercise text set
mapping an exercise result set corresponding to the exercise text set to the exercise categories corresponding to each exercise text in the exercise text set, so as to obtain a correspondence set between the exercise categories and the exercise results;
constructing an input vector based on the correspondence set between the exercise categories and the exercise results
As drafted, under the broadest reasonable interpretation, the claim covers mental processes (concepts performed in the human mind including an observation, evaluation, judgment, opinion-a user can observe and evaluate text to make a mapping and inputs).
2A Prong 2: This judicial exception is not integrated into a practical application.
Additional elements:
Inputting, by the storage and processing circuitry
mapping, by the storage and processing circuitry
constructing, by the storage and processing circuitry
a non-transitory storage device, storing executable program code; a processor, coupled to the storage device,
non-transitory computer-readable storage medium storing a computer program (mere instructions to apply the exception using a generic computer component)
providing an electronic device comprising a storage and processing circuitry, and an input/output circuitry, wherein the input/output circuitry are electrically coupled to the storage and processing circuitry; obtaining, by the input/output circuitry,
inputting the exercise text set into an exercise classification model to obtain corresponding exercise categories for each exercise text in the exercise text set, wherein the exercise classification model comprises a pre-trained text classification model, a dropout layer, a fully connected layer, and a nonlinear activation layer;
and inputting the input vector into a thinking ability prediction model to obtain the user's thinking ability prediction result, wherein the thinking ability prediction model comprises a fully connected layer, a large language model, a dropout layer, a fully connected layer, and a nonlinear activation layer.
(Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f))
2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
Inputting, by the storage and processing circuitry
mapping, by the storage and processing circuitry
constructing, by the storage and processing circuitry
a non-transitory storage device, storing executable program code; a processor, coupled to the storage device,
non-transitory computer-readable storage medium storing a computer program (mere instructions to apply the exception using a generic computer component)
providing an electronic device comprising a storage and processing circuitry, and an input/output circuitry, wherein the input/output circuitry are electrically coupled to the storage and processing circuitry; obtaining, by the input/output circuitry,
inputting the exercise text set into an exercise classification model to obtain corresponding exercise categories for each exercise text in the exercise text set, wherein the exercise classification model comprises a pre-trained text classification model, a dropout layer, a fully connected layer, and a nonlinear activation layer;
and inputting the input vector into a thinking ability prediction model to obtain the user's thinking ability prediction result, wherein the thinking ability prediction model comprises a fully connected layer, a large language model, a dropout layer, a fully connected layer, and a nonlinear activation layer.
(Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f))
Regarding claim 2:
2A Prong 1:
NO ADDITIONAL ABSTRACT IDEAS
2A Prong 2: This judicial exception is not integrated into a practical application.
Additional elements:
Second model adjustment module
Inputting, by the storage and processing circuitry
Training, by the storage and processing circuitry
(mere instructions to apply the exception using a generic computer component)
wherein the large language model is one of GPT2, T5, or Llama; before inputting the input vector into the thinking ability prediction model, the method further comprises: training the large language model in a manner that self-attention blocks of the large language model is frozen.
(Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f))
2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
Second model adjustment module
Inputting, by the storage and processing circuitry
Training, by the storage and processing circuitry
(mere instructions to apply the exception using a generic computer component)
wherein the large language model is one of GPT2, T5, or Llama; before inputting the input vector into the thinking ability prediction model, the method further comprises: training the large language model in a manner that self-attention blocks of the large language model is frozen.
(Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f))
Regarding claim 3:
2A Prong 1:
NO ADDITIONAL ABSTRACT IDEAS
2A Prong 2: This judicial exception is not integrated into a practical application.
Additional elements:
first model adjustment module
Inputting, by the storage and processing circuitry
Fine-tuning, by the storage and processing circuitry
(mere instructions to apply the exception using a generic computer component)
fine-tuning the exercise classification model using training data and a loss function, the loss function being a Focal loss.
(Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f))
2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
first model adjustment module
Inputting, by the storage and processing circuitry
Fine-tuning, by the storage and processing circuitry
(mere instructions to apply the exception using a generic computer component)
fine-tuning the exercise classification model using training data and a loss function, the loss function being a Focal loss.
(Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f))
Regarding claim 4:
2A Prong 1:
selecting T correspondences from the correspondence set between the exercise categories and the exercise results to construct multiple first vectors of length T, T being a positive integer; obtaining answering times and subject study times for each exercise questions from the T correspondences; and adding the answering times and study times respectively to the first vectors to obtain the input vector.
As drafted, under the broadest reasonable interpretation, the claim covers mental processes (concepts performed in the human mind including an observation, evaluation, judgment, opinion-a user can observe and select different data for inputs).
2A Prong 2: This judicial exception is not integrated into a practical application.
Additional elements:
constructing, by the storage and processing circuitry
selecting, by the storage and processing circuitry
obtaining, by the storage and processing circuitry
adding, by the storage and processing circuitry
(mere instructions to apply the exception using a generic computer component)
2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
constructing, by the storage and processing circuitry
selecting, by the storage and processing circuitry
obtaining, by the storage and processing circuitry
adding, by the storage and processing circuitry
(mere instructions to apply the exception using a generic computer component)
Regarding claim 5:
2A Prong 1:
obtaining a similar exercise text subset from the exercise text set, where the similarity between exercise texts in the similar exercise text subset meets a similarity condition; obtaining a similar exercise result subset corresponding to the similar exercise text subset from the exercise result set corresponding to the exercise text set; when values in the similar exercise results subset are different, obtaining a correct answer rate or an incorrect answer rate of exercise knowledge points corresponding to the similar exercise text subset; when the correct answer rate exceeds a first accuracy threshold, removing results marked as incorrect in the exercise result set corresponding to the similar exercise result subset; when the incorrect answer rate exceeds a first error threshold, removing results marked as correct in the exercise result set corresponding to the similar exercise result subset; when the correct answer rate is less than the first accuracy threshold and the incorrect answer rate is less than the first error threshold, calculating deviations between exercise performance characteristic values for each similar exercise text of the similar exercise text subset during the corresponding practice time periods and an average exercise performance value; and when the deviation exceeds a positive deviation threshold, removing results marked as correct in the exercise result set corresponding to the similar exercise result subset.
As drafted, under the broadest reasonable interpretation, the claim covers mental processes (concepts performed in the human mind including an observation, evaluation, judgment, opinion-a user can observe and select different data and evaluate for error).
2A Prong 2: This judicial exception is not integrated into a practical application.
Additional elements:
mapping, by the storage and processing circuitry
removing, by the storage and processing circuitry
obtaining, by the storage and processing circuitry
calculating, by the storage and processing circuitry
(mere instructions to apply the exception using a generic computer component)
2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
mapping, by the storage and processing circuitry
removing, by the storage and processing circuitry
obtaining, by the storage and processing circuitry
calculating, by the storage and processing circuitry
(mere instructions to apply the exception using a generic computer component)
Regarding claims 7, 17 and 20:
2A Prong 1:
wherein deleting or retaining the obtained text data based on the total volume and the user's age, and further determining the retained text date to form the exercise text set comprises: calculating a first data volume of a text data originating from in-class sources of the total data volume and a second data volume of a text data originating from out-of-class sources of the total data volume based on a text source of the text data; and deleting or retaining the obtained text data based on the first data volume, the second data volume, and the user's age, and further determining the retained text date to form the exercise text set.
As drafted, under the broadest reasonable interpretation, the claim covers mental processes (concepts performed in the human mind including an observation, evaluation, judgment, opinion-a user can observe, select and calculate outputs pertaining to the data).
2A Prong 2: This judicial exception is not integrated into a practical application.
Additional elements:
by the storage and processing circuitry
determining, by the storage and processing circuitry
retraining, by the storage and processing circuitry
calculating, by the storage and processing circuitry
(mere instructions to apply the exception using a generic computer component)
2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
by the storage and processing circuitry
determining, by the storage and processing circuitry
retraining, by the storage and processing circuitry
calculating, by the storage and processing circuitry
(mere instructions to apply the exception using a generic computer component)
Claim Objections
Claims 1-5, 7, 15, 17-18 and 20 are allowable over the prior art. However the claims remain rejected under 35 USC § 101.
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 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.
Claims 1-4, 8-11, 15 and 18 rejected under 35 U.S.C. 103 have been withdrawn.
Response to Arguments
Applicant' remarks have been fully considered and have overcome the 103 rejection. Regarding the 101 analysis, the inclusion of storage and processing circuitry does not overcome the rejection. This language is considered to be mere instructions to apply the exception using generic computer components in their ordinary capacity.
Further using a pre-trained model with different layers doesn’t not provide significantly more. The models can be trained accordingly with any intended dataset. Using the recited models does not significantly address a technological enhancement. The model is meant to evaluate the exercise text and can be tailored/trained to further evaluate other data if necessary.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure:
Deep Knowledge Tracing, Piech et al. 6-19-2015
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Applicant is required under 37 C.F.R. § 1.111(c) to consider these references fully when responding to this action.
It is noted that any citation to specific pages, columns, lines, or figures in the prior art references and any interpretation of the references should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. In re Heck, 699 F.2d 1331, 1332-33, 216 U.S.P.Q. 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 U.S.P.Q. 275, 277 (C.C.P.A. 1968)).
In the interests of compact prosecution, Applicant is invited to contact the examiner via electronic media pursuant to USPTO policy outlined MPEP § 502.03. All electronic communication must be authorized in writing. Applicant may wish to file an Internet Communications Authorization Form PTO/SB/439. Applicant may wish to request an interview using the Interview Practice website: http://www.uspto.gov/patent/laws-and-regulations/interview-practice.
Applicant is reminded Internet e-mail may not be used for communication for matters under 35 U.S.C. § 132 or which otherwise require a signature. A reply to an Office action may NOT be communicated by Applicant to the USPTO via Internet e-mail. If such a reply is submitted by Applicant via Internet e-mail, a paper copy will be placed in the appropriate patent application file with an indication that the reply is NOT ENTERED. See MPEP § 502.03(II).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHERROD KEATON whose telephone number is 571-270-1697. The examiner can normally be reached 9:30am to 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 MICHELLE BECHTOLD can be reached at 571-431-0762. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHERROD L KEATON/ Primary Examiner, Art Unit 2148
12-29-2025
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