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 Arguments
Applicant's arguments filed 6/15/2026 have been fully considered but they are not persuasive.
Applicant argues that “this is a concrete data structure…” Remarks 12-14. Examiner disagrees. The data structure and algorithm for encoding/decoding are mathematical relationships. The data structure also doesn’t improve the functioning of a computer, like in Enfish. This method of encoding neural network parameters wouldn’t necessarily improve the functioning of a neural network either, because the encoding could be lossy or inefficient and nothing in the claimed algorithm forces the encoding to be better than just sending the neural network as a normal stream of packets. This is not necessarily an improvement to the technology of computers, neural networks, or video processing neural networks.
Applicant argues the claims are tied to a specific hardware and a specific technological field. Remarks 15. The claims are merely linked to generic computer parts and “picture and/or video analysis”. Claim 23. This does amount to significantly more and it does not integrate the abstract idea into a practical application.
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 1-17, 19, 23 and 26-27 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea of a mathematical relationship without significantly more. The claims recite encoding and decoding neural network parameters using different algorithms. This judicial exception is not integrated into a practical application because the additional elements of the neural network being configured for “picture and/or video processing” and control data enabling “improved efficient execution” of a neural network merely linked to computer technology and image processing. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because claim elements such as apparatus, computer and digital storage medium are generic computer parts.
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Austin Hicks whose telephone number is (571)270-3377. The examiner can normally be reached Monday - Thursday 8-4 PST.
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/AUSTIN HICKS/Primary Examiner, Art Unit 2142
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