Office Action 2: Final Rejection (2023-12-04)
Rejection types: 102 - Lack of Novelty

CLAIMS:
AMENDMENTS TO THE CLAIMS

This listing of claims will replace all prior versions of claims in the application:

Listing of Claims:

1\. (Currently Amended) A method, comprising:training by a system comprising a processor, a first deep neural network (DNN) model for image classification of a group ofcategories ofimages, wherein the first DNN model comprises a feature extraction layer portion and a first output layer portion;
extracting, by the system, the feature extraction layer portion from the first DNN model:
incorporating, by the system, the feature extraction layerportion as an executable module in a storage device ofthe system:
extracting, by the system, using the feature extraction layer portion in the storage device, respective features of images stored in the storage device
storing, by the system, in the storage device, the respective features ofthe images:
retrieving, by the system, from the storage device, the respective features oftraining images in the images, wherein the training images are associated with a sub-group ofthe group ofcategories ofimages:
training, by the system,\[\[an\]\] a second output layer portion for image classification ofthe sub-group ofthe group ofcategories ofimages, based on the respective features of the training images and according to classification labels of the training images; and
generating, by the system, a second DNN model for image classification ofthe sub-group ofthe group of categories ofimages by combining the feature extraction layer portion and the second output layer portion.
2\. (Currently Amended) The method according to claim 1, wherein the first DNN model is trained using a subset ofthe images

3\. (Currently Amended) The method according to claim 1, further comprising:
receiving, by the system, a new image; and
classifying, by the system, using the second DNN model, the new image .
4\. (Currently Amended) The method according to claim \[\[3\]\] SVG {EMBED HERE} 0.140.117 further comprising:
 receiving, by the system, additional training images; and
extracting, by the system, using the feature extraction layer portion, respective features of the additional training images,
wherein the training of the second output layer portion comprises training the second output layer portion based further on the respective features of the additional training images by .

5\. (Currently Amended) The method according to claim 1, further comprising: adjusting, by the system, the feature extraction layer portion and the second output layer portion of the second DNN model based on the training images and the classification labels of the training images.

6\. (Currently Amended) The method according to claim 5, wherein adjusting the feature extraction layer portion and the output layer portion of the second DNN model comprises:training the second DNN model by using original data of the training images and the classification labels.

7\. (Currently Amended) A system, comprising:at least one storage device;
at least one processing unit; and
at least one memory that is coupled to the at least one processing unit and stores instructions for execution by the at least one processing unit, the at least one processing unit comprising:
an image classification model generation unit, configured to train a first deep neural network (DNN) model for image classification of a group of categories of images,wherein the first DNN model comprises a feature extraction layer portion and a first output layer portion; anda feature extraction unit configured SVG {EMBED HERE} 0.1230.173 extract the feature extraction layer portion from the first DNN model;
incorporate the feature extraction layer portion as an executable module in the at least one storage device of the system; and
extract, using the feature extraction layer portion in the at least one storage device, respective features of images stored in the at least one storage device;
storing, in the at least one storage device, the respective features of the images;and
\[\[an\]\] wherein image classification model generation unit\[\[,\]\] is further configured to:retrieve, from the storage device, the respective features of training images in the images, wherein the training images are associated with a sub-group of the group of categories of images;
train a\[\[n\]\] second output layer portion for image classification of the sub- group of the group of categories of images, based on the respective features of the training images and according to classification labels of the training images; and
generate a second DNN model for image classification of the sub-group of the group of categories of images by combining the feature extraction layer portion and the second output layer portion.

8\. (Currently Amended) The system according to claim 7, wherein the first DNN model is trained using a subset of the images .

9\. (Currently Amended) The system according to claim 7, wherein the image classification model generation unit is further configured to:receive a new image; and
classify, using the second DNN model, the new image .
10\. (Currently Amended) The system according to claim \[\[9\]\] 7, wherein the image classification model generation unit is further configured SVG {EMBED HERE} 0.1230.173 receive additional training images;
 extract, using the feature extraction layer portion, \[\[the\]\] respective features of the additional training images; and
train the second output layer portion based further on the respective features of the additional training images .

11\. (Currently Amended) The system according to claim 7, wherein the image classification model generation unit is further configured to further adjust the feature extraction layer portion and the second output layer portion of the second DNN model based on the training images and the classification labels of the training images.

12\. (Currently Amended) The system according to claim 11, wherein the image classification model generation unit is further configured to train the second DNN model by using original data of the training images and the classification labels.

13\. (Currently Amended) The system according to claim 11, wherein the image classification model is further configured to adjust the feature extraction layer portion and the output layer portion of the second DNN model by using at least one graphics processing unit.

14\. (Currently Amended) A non-transitory computer-readable medium, comprising machine- executable instructions that, in response to execution by a system comprisinga processor, cause the device to perform operations, comprising:training a first deep neural network (DNN) model for image classification of a group of categories of images, wherein the first DNN model comprises a feature extraction layer portion and a first output layer portion;
extracting the feature extraction layer portion from the first DNN model;
incorporating the feature extraction layer portion as an executable module in a storage device of the system;
extracting, using the feature extraction layer portion in the storage device, a group of features of respective features of images stored in the storage device by ;
storing, in the storage device, the respective features of the images;
retrieving, from the storage device, the respective features of training images in the images, wherein the training images are associated with a sub-group of the group of categories of images;
training \[\[an\]\] a second output layer portion for image classification of the sub-group of the group of categories of images, based on the respective features of the training images and according to classification labels of the training images; and
generating a second DNN model for image classification of the sub-group of the group of categories of images by combining the feature extraction layer portion and the second output layer portion.

15\. (Currently Amended) The non-transitory computer-readable medium according to claim 14, wherein the firstDNN model is training using a subset of the images .

16\. (Currently Amended) The non-transitory computer-readable medium according to claim 14, wherein the operations further comprise:receiving a new image; and
classifying, using the second DNN model, the new image .

17\. (Currently Amended) The non-transitory computer-readable medium according to claim 14\[\[6\]\], wherein the operations further comprise: receiving additional training images;
extracting, using the feature extraction layer portion, respective features of the additional training images; and
wherein the training of the second output layer portion comprises training the second output layer portion based further on the respective features of the additional training images by .

18\. (Currently Amended) The non-transitory computer-readable medium according to claim 14, wherein the operations further comprise: adjusting the feature extraction layer portion and the second output layer portion of the second DNN model based on the training images and the classification labels of the training images.

19\. (Currently Amended) The non-transitory computer-readable medium according to claim 18, wherein adjusting the feature extraction layer portion and the output layer portion of the second DNN model comprises:training the second DNN model by using original data of the training images and the classification labels.

20\. (Currently Amended) The non-transitory computer-readable medium according to claim 19, wherein the adjusting the feature extraction layer portion and the output layer portion of the second DNN model \[\[by\]\] comprises using at least one graphics processing unit.

OFFICE 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 Amendments
The amendments were filed on 11/01/2023.
Claims 1-20 are pending.
Response to Arguments
Applicant’s arguments, see REMARKS, filed 11/01/2023, with respect to the rejections of claims 1-20 under 35 USC 102 and 35 USC 103 have been fully considered and are persuasive.  Therefore, the rejections have been withdrawn.  However, upon further consideration, new grounds of rejection are made in view of US 10,360,499 KUMAR et al. See the rejection below.
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.
(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 1-20 are rejected under 35 § U.S.C. 102(a)(1) as being anticipated by US 10,360,499  to  KUMAR et al. (hereinafter “KUMAR”).
As per claim 1, KUMAR discloses a method, comprising: training, by a system comprising a processor (a method for training an image classifier system comprising a computing processor; column 6, lines 9-60), a first deep neural network (DNN) model for image classification of a group of categories of images (the system comprises a first deep neural network which is trained via input training data; column 46, line 60 – column 47, line 37), wherein the first DNN model comprises a feature extraction layer portion and a first output layer portion (as seen in figures 6A and 6B the neural network includes summing layer 609 acting as the feature extraction layer and output layer 610 acting as the output layer; figure 6A-6B; column 46, line 60 – column 47, line 37); extracting, by the system, the feature extraction layer portion from the first DNN model: incorporating, by the system (extracting various features via the summing layer 609 including MDSC layer 602, T cell layer 604, age and sex layer 606, and time and temp layer 608; figure 6A-6B; column 51, lines 10-42), the feature extraction layer portion as an executable module in a storage device of the system: extracting, by the system, using the feature extraction layer portion in the storage device, respective features of images stored in the storage device (the summing layer 609 (feature extraction layer) is stored in the systems computing memory device adapted for storing executable instructions, and using the summing layer 609 to extract various features such as MDSC layer 602, T cell layer 604, age and sex layer 606, and time and temp layer 608 from the input images; figure 6A-6B; column 51, lines 10-42); storing, by the system, in the storage device (storing feature via an on board storage memory device; column 60, lines 13-34), the respective features of the images: retrieving, by the system, from the storage device, the respective features of training images in the images (the system may retrieve from the onboard memory device data relating to the image features collected via the summing layer 609; figure 6A-6B; column 60, lines 13-34; column 44, line 25 - column 45, line 11), wherein the training images are associated with a sub-group of  the group of categories of images: training, by the system, a second output layer portion for image classification of the sub-group of the group of categories of images (input training data samples are associated with various yield results and events and are used to further train test or validate the events, the first network then trains a second network acting as the master network training the second pre trained network for a specific task in which the second network is more likely to be correct; column 42, line 20- column 43, line 11; column 44, line 25 - column 45, line 11), based on the respective features of the training images and according to classification labels of the training images (the second trained network is adapted to perform specific tasks once trained from the master network to complete said task, the pretrained network would be trained to detect cancer tumors in a biological sample and warn of tumor bearing samples once trained by the first master network; column 45, lines 12-67); and generating, by the system, a second DNN model for image classification of the sub-group of the group of categories of images by combining the feature extraction layer portion and the second output layer portion (the system then creates (generates) the second network which is then adapted to classify a naïve sample of biological tissue to be tumor bearing based on the detected features of the image by combing the features learned from summing layer 609 to output a trained second neural network comprising an output layer which would out put the likelihood of the tissue being tumor bearing; column 6, lines 9-60; column 46, line 60 – column 47, line 37).
As per claim 2, KUMAR discloses the method according to claim 1, wherein the first DNN model is trained using a subset of the images (the first neural network is trained via data sets and sub-samples of said data sets; column 67, lines 10-22).
As per claim 3, KUMAR discloses the method according to claim 1, further comprising: receiving, by the system, a new image (the system receives an input image; figures 6A-6B; column 6, lines 9-60; column 46, line 38 – column 47, line 24); and classifying, by the system, using the second DNN model, the new image (the system receives an input image and is classified based on the pre trained second network to determine tumor likelihood of the biological sample used; figures 6A-6B; column 46, line 38 – column 47, line 24).
As per claim 4, KUMAR discloses the method according to claim 3 further comprising: receiving, by the system, additional training images (the system receives training data as image data to train the two networks respectively; column 46, line 38 – column 47, line 24); and extracting, by the system, using the feature extraction layer portion, respective features of the additional training images (the summing layer 609 extracts the plurality of features or each image used for training to determine an overall outcome based on said extracted features; column 46, line 38 – column 47, line 24), wherein the training of the second output layer portion comprises training the second output layer portion based further on the respective features of the additional training images (the second “pretrained” network is trained by the first or “master” network based on training images and the features extracted from those images; column 46, line 38 – column 47, line 24).
As per claim 5, KUMAR discloses the method according to claim 1, further comprising: adjusting, by the system, the feature extraction layer portion and the second output layer portion of the second DNN model based on the training images and the classification labels of the training images (adjusting the output layer of the second pretrained network a threshold may be set for sensitivity and specificity at the output layer to range from 0 to 1 with .5 being equal weights to both features; column 45, line 46 – column 46, line 12; column 46, line 38 – column 47, line 24).
As per claim 6, KUMAR discloses the method according to claim 5, wherein adjusting the feature extraction layer portion and the output layer portion of the second DNN model comprises: training the second DNN model by using original data of the training images and the classification labels (the second pretrained neural network which is trained via the first master network is then adapted to have its ratio set to a higher sensitivity ratio on the .00 to 1.00 scale say .70 to increase detection likelihood but also increases false positive rates when classifying biological samples as cancerous tumors where the classification labels would be cancerous or cancer free based on analyzation of the features collected from the input image; column 45, line 46 – column 46, line 12; column 46, line 38 – column 47, line 24).
As per claim 7, KUMAR discloses a system, comprising: at least one storage device (a system for classifying images comprising a memory storage device within the computing system; column 6, lines 9-60); at least one processing unit (the computing system further includes a computing processor and accompanying hardware; column 6, lines 9-60); and at least one memory that is coupled to the at least one processing unit and stores instructions for execution by the at least one processing unit (wherein said storage memory is in connection with said processor within the computing system and the memory unit stores a plurality of computer implemented systems to be executed by the processing unit; column 6, lines 9-60), the at least one processing unit comprising: an image classification model generation unit (wherein the processing unit is adapted to perform a computer program contains instructions when executed by the processor create (generate) an artificial neural network(s) which may be trained for tasks; column 6, lines 9-60), configured to train a first deep neural network (DNN) model for image classification of a group of categories of images (once the processor executes the instructions to create the network the system comprises a first trainable deep neural network which is trained via input training data; column 46, line 60 – column 47, line 37), wherein the first DNN model comprises a feature extraction layer portion and a first output layer portion (as seen in figures 6A and 6B the neural network includes summing layer 609 acting as the feature extraction layer and output layer 610 acting as the output layer; figure 6A-6B; column 46, line 60 – column 47, line 37); and a feature extraction unit, configured extract the feature extraction layer portion from the first DNN model (extracting various features via the summing layer 609 including MDSC layer 602, T cell layer 604, age and sex layer 606, and time and temp layer 608; figure 6A-6B; column 51, lines 10-42); incorporate the feature extraction layer portion as an executable module in the at least one storage device of the system (the summing layer 609 (feature extraction layer) is stored in the systems computing memory device adapted for storing executable instructions, and using the summing layer 609 to extract various features such as MDSC layer 602, T cell layer 604, age and sex layer 606, and time and temp layer 608 from the input images; figure 6A-6B; column 51, lines 10-42); and extract, using the feature extraction layer portion in the at least one storage device (storing feature via an on board storage memory device; column 6, lines 9-60; column 60, lines 13-34), respective features of images stored in the at least one storage device (the system may retrieve from the onboard memory device data relating to the image features collected via the summing layer 609; figure 6A-6B; column 60, lines 13-34; column 44, line 25 - column 45, line 11); storing, in the at least one storage device, the respective features of the images (storing feature via an on board storage memory device; column 6, lines 9-60; column 60, lines 13-34); and  wherein image classification model generation unit is further configured to: retrieve, from the storage device, the respective features of training images in the images (input training data samples are associated with various yield results and events and are used to further train test or validate the events, the first network then trains a second network acting as the master network training the second pre trained network for a specific task in which the second network is more likely to be correct; column 42, line 20- column 43, line 11; column 44, line 25 - column 45, line 11), wherein the training images are associated with a sub-group of the group of categories of images (input training data samples are associated with various yield results, sub-samples (subgroups), and key events and are used to further train test or validate the events, the first network then trains a second network acting as the master network training the second pre trained network for a specific task in which the second network is more likely to be correct; column 42, line 20- column 43, line 11; column 44, line 25 - column 45, line 11); train a second output layer portion for image classification of the sub- group of the group of categories of images, based on the respective features of the training images and according to classification labels of the training images (the second trained network is adapted to perform specific tasks once trained from the master network to complete said task, the pretrained network would be trained to detect and classify cancer tumors in a biological sample and warn of tumor bearing samples once trained by the first master network, where the classification labels would be cancerous or ; column 45, lines 12-67); and generate a second DNN model for image classification of the sub-group of the group of categories of images by combining the feature extraction layer portion and the second output layer portion (the system then creates (generates) the second network which is then adapted to classify a naïve sample of biological tissue to be tumor bearing based on the detected features of the image by combing the features learned from summing layer 609 to output a trained second neural network comprising an output layer which would out put the likelihood of the tissue being tumor bearing; column 6, lines 9-60; column 46, line 60 – column 47, line 37).
As per claim 8, KUMAR discloses the system according to claim 7, wherein the first DNN model is trained using a subset of the images (the first neural network is trained via data sets and sub-samples of said data sets; column 67, lines 10-22).
As per claim 9, KUMAR discloses the system according to claim 7, wherein the image classification model generation unit is further configured to: receive a new image (the system receives an input image; figures 6A-6B; column 6, lines 9-60; column 46, line 38 – column 47, line 24); and classify, using the second DNN model, the new image (the system receives an input image and is classified based on the pre trained second network to determine tumor likelihood of the biological sample used; figures 6A-6B; column 46, line 38 – column 47, line 24).
As per claim 10, KUMAR discloses the system according to claim 7, wherein the image classification model generation unit is further configured receive additional training images (the system receives training data as image data to train the two networks respectively; column 46, line 38 – column 47, line 24); extract, using the feature extraction layer portion, respective features of the additional training images (the summing layer 609 extracts the plurality of features or each image used for training to determine an overall outcome based on said extracted features; column 46, line 38 – column 47, line 24); and train the second output layer portion based further on the respective features of the additional training images (the second “pretrained” network is trained by the first or “master” network based on training images and the features extracted from those images; column 46, line 38 – column 47, line 24).
As per claim 11, KUMAR discloses the system according to claim 7, wherein the image classification model generation unit is further configured to further adjust the feature extraction layer portion and the second output layer portion of the second DNN model based on the training images and the classification labels of the training images (adjusting the output layer of the second pretrained network a threshold may be set for sensitivity and specificity at the output layer to range from 0 to 1 with .5 being equal weights to both features; column 45, line 46 – column 46, line 12; column 46, line 38 – column 47, line 24).
As per claim 12, KUMAR discloses the system according to claim 11, wherein the image classification model generation unit is further configured to train the second DNN model by using original data of the training images and the classification labels (the second pretrained neural network which is trained via the first master network is then adapted to have its ratio set to a higher sensitivity ratio on the .00 to 1.00 scale say .70 to increase detection likelihood but also increases false positive rates when classifying biological samples as cancerous tumors where the classification labels would be cancerous or cancer free based on analyzation of the features collected from the input image; column 45, line 46 – column 46, line 12; column 46, line 38 – column 47, line 24).
As per claim 13, KUMAR discloses the system according to claim 11, wherein the image classification model is further configured to adjust the feature extraction layer portion and the output layer portion of the second DNN model by using at least one graphics processing unit (the image classification system utilizing two neural network models to determine a result after training wherein the output layer may have its ratios adjusted and the system comprises a GPU to change those image settings; column 45, line 46 – column 46, line 12; column 52, lines 15-41).
As per claim 14, KUMAR discloses a non-transitory computer-readable medium, comprising machine- executable instructions that, in response to execution by a system comprising a processor, cause the device to perform operations (non-transitory computer-readable memory storage, comprising processor executable instructions that a method for training an image classifier system comprising a computing processor; column 6, lines 9-60), comprising: training a first deep neural network (DNN) model for image classification of a group of categories of images (the system comprises a first deep neural network which is trained via input training data; column 46, line 60 – column 47, line 37), wherein the first DNN model comprises a feature extraction layer portion and a first output layer portion (as seen in figures 6A and 6B the neural network includes summing layer 609 acting as the feature extraction layer and output layer 610 acting as the output layer; figure 6A-6B; column 46, line 60 – column 47, line 37); extracting the feature extraction layer portion from the first DNN model (extracting various features via the summing layer 609 including MDSC layer 602, T cell layer 604, age and sex layer 606, and time and temp layer 608; figure 6A-6B; column 51, lines 10-42); incorporating the feature extraction layer portion as an executable module in a storage device of the system (storing feature via an on board storage memory device; column 60, lines 13-34); extracting, using the feature extraction layer portion in the storage device, a group of features of respective features of images stored in the storage device by (the summing layer 609 (feature extraction layer) is stored in the systems computing memory device adapted for storing executable instructions, and using the summing layer 609 to extract various features such as MDSC layer 602, T cell layer 604, age and sex layer 606, and time and temp layer 608 from the input images; figure 6A-6B; column 51, lines 10-42); storing, in the storage device, the respective features of the images (storing feature via an on board storage memory device; column 60, lines 13-34); retrieving, from the storage device, the respective features of training images in the images (the system may retrieve from the onboard memory device data relating to the image features collected via the summing layer 609; figure 6A-6B; column 60, lines 13-34; column 44, line 25 - column 45, line 11), wherein the training images are associated with a sub-group of the group of categories of images (input training data samples are associated with various yield results and events and are used to further train test or validate the events, the first network then trains a second network acting as the master network training the second pre trained network for a specific task in which the second network is more likely to be correct; column 42, line 20- column 43, line 11; column 44, line 25 - column 45, line 11); training a second output layer portion for image classification of the sub-group of the group of categories of images (input training data samples are associated with various yield results and events and are used to further train test or validate the events, the first network then trains a second network acting as the master network training the second pre trained network for a specific task in which the second network is more likely to be correct; column 42, line 20- column 43, line 11; column 44, line 25 - column 45, line 11), based on the respective features of the training images and according to classification labels of the training images (the second trained network is adapted to perform specific tasks once trained from the master network to complete said task, the pretrained network would be trained to detect cancer tumors in a biological sample and warn of tumor bearing samples once trained by the first master network; column 45, lines 12-67); and generating a second DNN model for image classification of the sub-group of the group of categories of images by combining the feature extraction layer portion and the second output layer portion (the system then creates (generates) the second network which is then adapted to classify a naïve sample of biological tissue to be tumor bearing based on the detected features of the image by combing the features learned from summing layer 609 to output a trained second neural network comprising an output layer which would out put the likelihood of the tissue being tumor bearing; column 6, lines 9-60; column 46, line 60 – column 47, line 37).
As per claim 15, KUMAR discloses the non-transitory computer-readable medium according to claim 14, wherein the first DNN model is training using a subset of the images (the first neural network is trained via data sets and sub-samples of said data sets; column 67, lines 10-22).
As per claim 16, KUMAR discloses the non-transitory computer-readable medium according to claim 14, wherein the operations further comprise: receiving a new image (the system receives an input image; figures 6A-6B; column 6, lines 9-60; column 46, line 38 – column 47, line 24); and classifying, using the second DNN model, the new image (the system receives an input image and is classified based on the pre trained second network to determine tumor likelihood of the biological sample used; figures 6A-6B; column 46, line 38 – column 47, line 24).
As per claim 17, KUMAR discloses the non-transitory computer-readable medium according to claim 14, wherein the operations further comprise: receiving additional training images (the system receives training data as image data to train the two networks respectively; column 46, line 38 – column 47, line 24); extracting, using the feature extraction layer portion, respective features of the additional training images (the summing layer 609 extracts the plurality of features or each image used for training to determine an overall outcome based on said extracted features; column 46, line 38 – column 47, line 24); and wherein the training of the second output layer portion comprises training the second output layer portion based further on the respective features of the additional training images by (the second “pretrained” network is trained by the first or “master” network based on training images and the features extracted from those images; column 46, line 38 – column 47, line 24).
As per claim 18, KUMAR discloses the non-transitory computer-readable medium according to claim 14, wherein the operations further comprise: adjusting the feature extraction layer portion and the second output layer portion of the second DNN model based on the training images and the classification labels of the training images (adjusting the output layer of the second pretrained network a threshold may be set for sensitivity and specificity at the output layer to range from 0 to 1 with .5 being equal weights to both features; column 45, line 46 – column 46, line 12; column 46, line 38 – column 47, line 24).
As per claim 19, KUMAR discloses the non-transitory computer-readable medium according to claim 18, wherein adjusting the feature extraction layer portion and the output layer portion of the second DNN model comprises: training the second DNN model by using original data of the training images and the classification labels (the second pretrained neural network which is trained via the first master network is then adapted to have its ratio set to a higher sensitivity ratio on the .00 to 1.00 scale say .70 to increase detection likelihood but also increases false positive rates when classifying biological samples as cancerous tumors where the classification labels would be cancerous or cancer free based on analyzation of the features collected from the input image; column 45, line 46 – column 46, line 12; column 46, line 38 – column 47, line 24).
As per claim 20, KUMAR discloses the non-transitory computer-readable medium according to claim 19, wherein the adjusting the feature extraction layer portion and the output layer portion of the second DNN model comprises using at least one graphics processing unit (the image classification system utilizing two neural network models to determine a result after training wherein the output layer may have its ratios adjusted and the system comprises a GPU to change those image settings; column 45, line 46 – column 46, line 12; column 52, lines 15-41).
Conclusion
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 REBUTTAL: REMARKS
Claims 1-20 are currently pending in the subject application and are presently under consideration. Claims 1, 7, and 14 have been amended as indicated at pages 2-7 of the Reply. No new matter has been introduced by the herein amendments.
Support for the amendments can be found in the instant specification, for example, in paragraphs [0030, 0032, 0036, 0040, and 0045-46].
Entry of these amendments is respectfully requested after final as they do not broaden the scope of the claims. Furthermore, Assignee's representative respectfully requests consideration of these amendments under the After Final Consideration Pilot 2.0 Program (AFCP 2.0) in order to effect compact prosecution and determine if the claims are allowable.
Assignee's representative thanks Examiner Dhooge for courtesies extended during the telephonic interview conducted on January 11, 2024. Examiner was contacted to discuss the claim rejections under 35 U.S.C. § 102. During the interview, assignee's representative provided clarification regarding distinctions of the claims over the cited references. Examiner indicated that further search and consideration was required to determine if the claims would be allowed.
Favorable reconsideration of the subject patent application is respectfully requested in view of the comments and amendments herein.
I.
Rejection of Claims 1-20 under 35 U.S.C.
§
102(a)(1)
Claims 1-20 stand rejected under 35 U.S.C. § 102(a)(1) as allegedly being anticipated by Kumar et al. (US Patent No. 10,360,499). It is respectfully submitted that this rejection should be withdrawn for at least the following reasons. Kumar et al. fails to disclose each and every element of the subject claims.
For a prior art reference to anticipate, 35 U.S.C. § 102 requires that "each and every element as set forth in the claim is found, either expressly or inherently described, in a single prior art reference."
In re Robertson, 169 F.3d 743, 745, 49 USPQ2d 1949, 1950 (Fed.
Cir. 1999) (quoting Verdegaal Bros., Inc. v. Union Oil Co., 814 F.2d 628, 631, 2USPQ2d 1051, 1053 (Fed. Cir. 1987)). "The identical invention must be shown in as complete detail as is contained in the...claim." Richardson v. Suzuki Motor Co., 868
F.2d 1226, 9 USPQ2d 1913, 1920 (Fed. Cir. 1989).
Independent claim 1 (and similarly independent claims 7 and 14) recites, in part: training, by a system comprising a processor, a first deep neural network (DNN) model for image classification of a group of categories of images, wherein the first DNN model comprises a feature extraction layer portion and a first output layer portion, and
wherein the feature extraction la
v
er portion comprises an input la
v
er and one or more hidden la
y
ers, and does not
comprise any output la
y
ers of the first DNN model;
extracting, by the system, the
feature extraction la
ver
portion
from the first DNN model;
incorporating, by the system, the feature extraction
lav
er portion as an executable module in a storage device of the
system;
extracting, by the system, using the feature extraction
lav
er portion in the storage device, respective features of
images stored in the storage device;
storing, by the system, in the storage device, the respective features of the images;
retrieving, by the system, from the storage device, the respective features of training images in the images,
wherein the training images are associated with a sub-group of the
group of categories of images;
training, by the system, a second output layer portion for image classification of the sub-group of the group of categories of images, based on the respective features of the training images and according to classification labels of the training images,
wherein the training of the second output
lav
er portion does not comprise training the feature extraction
lav
er portion;
and
generating, by the system, a second DNN model for image classification of the sub-group of the group of categories of images by
combining the feature extraction la
v
er portion
and the second output la
v
er portion
(emphasis added)
Kumar et al. does not disclose all elements as recited in the subject claim. Figures 5B and 6B, and column 25, lines 14-18 and column 46, lines 64 to column 47, line 24 of Kumar et al. state:
tayeU~~t
ad   ayer
out it iair
FIG. 5B
(column 25, lines 14-18)
A neural network is comprised of a series of layers of neurons. A typical neuron in an ANN is shown in FIG. 5A. As illustrated in FIG. 5B, there is an
input layer,
to which data is presented; one
or more
internal, or "hiddenR" layers;
and an
output layer.
(column 46, lines 64 to column 47, line 24)
architecture is
shown in FIG. 6B.
Pretrained networks 1 through n 628
,
,
have been previously trained on a first training data set 620, 622, 624, 626, which are presented as various
input la
y
ers 621
,
,
,
They are then incorporated in the master neural network as shown in the FIG. 6B. The
master neural network is then trained
on a second training data set 620, 622, 624, 626, which are presented as various
input la
y
ers 621
,
,
,
627 and are presented to the master network and to the
p
retrained networks simultaneously. The input la
y
ers and the
p
retrained networks can be
p
resented to a summing la
v
er 632 and then to the output la
v
er 632 of the artificial neural network
to provide levels of confidence in the classification of the sample, as normal 633 or as having cancer 634. The master network undergoes training as usual, but the pretrained networks retain the trained parameters they received in their pretraining. The
master network will learn
that when presented with a new biological data sample having certain characteristics, the most accurate condition category result will be a product of
its own training on the input biological data sample and by learning to
g
ive the most weight
to the particular pretrained network that gives the most accurate output for that type of biological data sample.
The master network will therefore have the benefit of input from a plurality of specialized networks
and from its own training on a combination of a training set and the outputs
from the
p
retrained networks.
(emphasis added)
The above cited paragraphs disclose a process whereby input layers from a previously
trained artificial neural network are combined with pretrained networks, a summing layer, and an output layer to form a master neural network. The entire master neural network is then run through a training process, not just the output layer of the master neural network.
In stark contrast, the claim discloses a previously trained first DNN model comprising a first output layer portion and a feature extraction layer portion comprising an input layer and one
or more hidden layers. In order to create a second trained DNN model, only a second output layer portion is trained using training images and features extracted from the training images that are already stored in the storage device. The training of the second output layer portion does not involve retraining the feature extraction layer portion. The feature extraction layer portion from
the first DNN model and the second output layer portion are then combined to form the second DNN model that is trained for a different purpose than the first DNN model. Limiting the training to only the second output layer portion significantly reduces the computing resources and time in generating the trained second DNN model. Therefore, Kumar et al. fails to disclose
"training, by a system comprising a processor, a first deep neural network (DNN) model for image classification of a group of categories of images, wherein the first DNN model comprises a feature extraction layer portion and a first output layer portion, and
wherein the feature extraction la
v
er portion comprises an input la
v
er and one or more hidden la
y
ers, and does not comprise any output la
y
ers of the first DNN model;
extracting, by the system, the
feature extraction la
v
er portion
from the first DNN model;
incorporating, by the system, the feature extraction la
v
er portion as an executable module in a storage device of the system; extracting, by the system, using the feature extraction la
v
er portion in the storage device, respective features of images stored in the storage device; storing, by the system, in the storage device, the respective features of the images; retrieving, by the system, from the storage device, the respective features of training images in the images, wherein the training images are associated with a
sub-group of the group of categories of images;
training, by the system, a second output layer portion for image classification of the sub- group of the group of categories of images, based on the respective features of the training images and according to classification labels of the training images,
wherein the training of the second output la
v
er portion does not comprise training the feature extraction la
ver
po
rtion;
and generating, by the system, a second DNN model for image classification of the sub-group of the group of categories of images by
combining the feature extraction la
ver
portion and the second output la
v
er portion"
as recited in claim 1, and similarly claims 7 and 14.
In view of the foregoing, Assignee's representative respectfully submits that Kumar et al. fails to disclose or suggest all elements of independent claims 1, 7, and 14 (and claims 1-4, 8-11, and 15-18 that depend therefrom), and thus fails to anticipate the subject claims. Accordingly, withdrawal of this rejection is respectfully requested.
CONCLUSION

NEXT OFFICE 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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection.  Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.  Applicant's submission filed on 3/4/2024/2024 has been entered.
Response to Amendment
Response to amendments filed on 3/4/2024.
Claims 1-20 are pending. Claims 1, 7, and 14 are amended.
Response to Arguments
Applicant’s arguments, see REMARKS on pages 8-12 filed on 02/02/2024, with respect to 35 USC 102 have been fully considered and are not persuasive.
On page 9 of REMARKS, regarding rejections made to claims 1-20 under 35 USC § 102(a)(1) the applicant states that:
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media_image1.png
993
908
media_image1.png
Greyscale
The Examiner respectfully disagrees. The applicant’s amendments include “and wherein the feature extraction layer portion only comprises an input layer and one or more hidden layers, and does not comprise any output layers of the first DNN model; … images, wherein the training of the second output layer portion does not comprise training the feature extraction layer portion”.
The cited art of record US 10,360,499 B2 (KUMAR) discloses wherein the feature extraction layer portion only comprises an input layer and one or more hidden layers, and does not comprise any output layers of the first DNN model. Kumar discloses that the features of the image are extracted via input layers 1, x1, x2, and xm which are adapted to extract features according to predetermined weights of desired values represented as w0, w1, w2, wm and fed into a net input function of the first artificial neural network; figure 5a; column 24, line 44 – column 25, line 55).
Wherein, it is clearly seen that output layer in figure 5a is separated from the hidden input layers and corresponding weights relating to the features to be extracted via the input layers by a net input function layer and an activation function layer as suggested in figure 5a. This separation of layers can additionally be seen in figures 5B, 6A, and 6B wherein the final output layers are separated from hidden input layers by at least one additional layer in all examples.
Further, Kumar discloses wherein the training of the second output layer portion does not comprise training the feature extraction layer portion. See, col. 24 line 44 to col. 25 line 55 where the output layer as seen in figure 5a is unrelated to the training of input layers 1, x1, x2, and xm to extract the features with weight relating to w0, w1, w2, wm. In view of this, it is clear that Kumar discloses the limitations recited in claim 1, for example. Please see the rejection below.
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.
(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 1-20 are rejected under 35 § U.S.C. 102(a)(1) as being anticipated by US 10,360,499 B2 to A, KUMAR et al. (hereinafter “KUMAR”).
As per claim 1, KUMAR discloses a method, comprising: training, by a system comprising a processor (a method for training an image classifier system comprising a computing processor; column 6, lines 9-60), a first deep neural network (DNN) model for image classification of a group of categories of images (the system comprises a first deep neural network which is trained via input training data; column 46, line 60 – column 47, line 37), wherein the first DNN model comprises a feature extraction layer portion and a first output layer portion (as seen in figures 6A and 6B the neural network includes summing layer 609 acting as the feature extraction layer and output layer 610 acting as the output layer; figure 6A-6B; column 46, line 60 – column 47, line 37), and wherein the feature extraction layer portion only comprises an input layer and one or more hidden layers, and does not comprise any output layers of the first DNN model (the features of the image are extracted via input layers 1, x1, x2, and xm which are adapted to extract features according to predetermined weights of desired values represented as w0, w1, w2, wm and fed into a net input function of the first artificial neural network; figure 5a; column 24, line 44 – column 25, line 55); extracting, by the system, the feature extraction layer portion from the first DNN model (and extracting via the net input function the extracted features of input layer relating to 1, x1, x2, and xm; figure 5a; column 24, line 44 – column 25, line 55); incorporating, by the system, the feature extraction layer portion as an executable module in a storage device of the system (extracting various features via the summing layer 609 including MDSC layer 602, T cell layer 604, age and sex layer 606, and time and temp layer 608; figure 6A-6B; column 51, lines 10-42); extracting, by the system, using the feature extraction layer portion in the storage device, respective features of images stored in the storage device (the summing layer 609 (feature extraction layer) is stored in the systems computing memory device adapted for storing executable instructions, and using the summing layer 609 to extract various features such as MDSC layer 602, T cell layer 604, age and sex layer 606, and time and temp layer 608 from the input images; figure 6A-6B; column 51, lines 10-42); storing, by the system, in the storage device (storing feature via an on board storage memory device; column 60, lines 13-34), the respective features of the images: retrieving, by the system, from the storage device, the respective features of training images in the images (the system may retrieve from the onboard memory device data relating to the image features collected via the summing layer 609; figure 6A-6B; column 60, lines 13-34; column 44, line 25 - column 45, line 11), wherein the training images are associated with a sub-group of  the group of categories of images: training, by the system, a second output layer portion for image classification of the sub-group of the group of categories of images (input training data samples are associated with various yield results and events and are used to further train test or validate the events, the first network then trains a second network acting as the master network training the second pre trained network for a specific task in which the second network is more likely to be correct; column 42, line 20- column 43, line 11; column 44, line 25 - column 45, line 11), based on the respective features of the training images and according to classification labels of the training images (the second trained network is adapted to perform specific tasks once trained from the master network to complete said task, the pretrained network would be trained to detect cancer tumors in a biological sample and warn of tumor bearing samples once trained by the first master network; column 45, lines 12-67), and wherein the feature extraction layer portion only comprises an input layer and one or more hidden layers, and does not comprise any output layers of the first DNN model (wherein the output layer as seen in figure 5a is unrelated to the training of input layers 1, x1, x2, and xm to extract features with weight relating to w0, w1, w2, wm; figure 5a; column 24, line 44 – column 25, line 55); and generating, by the system, a second DNN model for image classification of the sub-group of the group of categories of images by combining the feature extraction layer portion and the second output layer portion (the system then creates (generates) the second network which is then adapted to classify a naïve sample of biological tissue to be tumor bearing based on the detected features of the image by combing the features learned from summing layer 609 to output a trained second neural network comprising an output layer which would out put the likelihood of the tissue being tumor bearing; column 6, lines 9-60; column 46, line 60 – column 47, line 37).
As per claim 2, KUMAR discloses the method according to claim 1, wherein the first DNN model is trained using a subset of the images (the first neural network is trained via data sets and sub-samples of said data sets; column 67, lines 10-22).
As per claim 3, KUMAR discloses the method according to claim 1, further comprising: receiving, by the system, a new image (the system receives an input image; figures 6A-6B; column 6, lines 9-60; column 46, line 38 – column 47, line 24); and classifying, by the system, using the second DNN model, the new image (the system receives an input image and is classified based on the pre trained second network to determine tumor likelihood of the biological sample used; figures 6A-6B; column 46, line 38 – column 47, line 24).
As per claim 4, KUMAR discloses the method according to claim 3 further comprising: receiving, by the system, additional training images (the system receives training data as image data to train the two networks respectively; column 46, line 38 – column 47, line 24); and extracting, by the system, using the feature extraction layer portion, respective features of the additional training images (the summing layer 609 extracts the plurality of features or each image used for training to determine an overall outcome based on said extracted features; column 46, line 38 – column 47, line 24), wherein the training of the second output layer portion comprises training the second output layer portion based further on the respective features of the additional training images (the second “pretrained” network is trained by the first or “master” network based on training images and the features extracted from those images; column 46, line 38 – column 47, line 24).
As per claim 5, KUMAR discloses the method according to claim 1, further comprising: adjusting, by the system, the feature extraction layer portion and the second output layer portion of the second DNN model based on the training images and the classification labels of the training images (adjusting the output layer of the second pretrained network a threshold may be set for sensitivity and specificity at the output layer to range from 0 to 1 with .5 being equal weights to both features; column 45, line 46 – column 46, line 12; column 46, line 38 – column 47, line 24).
As per claim 6, KUMAR discloses the method according to claim 5, wherein adjusting the feature extraction layer portion and the output layer portion of the second DNN model comprises: training the second DNN model by using original data of the training images and the classification labels (the second pretrained neural network which is trained via the first master network is then adapted to have its ratio set to a higher sensitivity ratio on the .00 to 1.00 scale say .70 to increase detection likelihood but also increases false positive rates when classifying biological samples as cancerous tumors where the classification labels would be cancerous or cancer free based on analyzation of the features collected from the input image; column 45, line 46 – column 46, line 12; column 46, line 38 – column 47, line 24).
As per claim 7, KUMAR discloses a system, comprising: at least one storage device (a system for classifying images comprising a memory storage device within the computing system; column 6, lines 9-60); at least one processing unit (the computing system further includes a computing processor and accompanying hardware; column 6, lines 9-60); and at least one memory that is coupled to the at least one processing unit and stores instructions for execution by the at least one processing unit (wherein said storage memory is in connection with said processor within the computing system and the memory unit stores a plurality of computer implemented systems to be executed by the processing unit; column 6, lines 9-60), the at least one processing unit comprising: an image classification model generation unit (wherein the processing unit is adapted to perform a computer program contains instructions when executed by the processor create (generate) an artificial neural network(s) which may be trained for tasks; column 6, lines 9-60), configured to train a first deep neural network (DNN) model for image classification of a group of categories of images (once the processor executes the instructions to create the network the system comprises a first trainable deep neural network which is trained via input training data; column 46, line 60 – column 47, line 37), wherein the first DNN model comprises a feature extraction layer portion and a first output layer portion (as seen in figures 6A and 6B the neural network includes summing layer 609 acting as the feature extraction layer and output layer 610 acting as the output layer; figure 6A-6B; column 46, line 60 – column 47, line 37), and wherein the feature extraction layer portion comprises an input layer and one or more hidden layers, and does not comprise any output layers of the first DNN model (the features of the image are extracted via input layers 1, x1, x2, and xm which are adapted to extract features according to predetermined weights of desired values represented as w0, w1, w2, wm and fed into a net input function of the first artificial neural network; figure 5a; column 24, line 44 – column 25, line 55); and a feature extraction unit, configured extract the feature extraction layer portion from the first DNN model (extracting various features via the summing layer 609 including MDSC layer 602, T cell layer 604, age and sex layer 606, and time and temp layer 608; figure 6A-6B; column 51, lines 10-42); incorporate the feature extraction layer portion as an executable module in the at least one storage device of the system (the summing layer 609 (feature extraction layer) is stored in the systems computing memory device adapted for storing executable instructions, and using the summing layer 609 to extract various features such as MDSC layer 602, T cell layer 604, age and sex layer 606, and time and temp layer 608 from the input images; figure 6A-6B; column 51, lines 10-42); and extract, using the feature extraction layer portion in the at least one storage device (storing feature via an on board storage memory device; column 6, lines 9-60; column 60, lines 13-34), respective features of images stored in the at least one storage device (the system may retrieve from the onboard memory device data relating to the image features collected via the summing layer 609; figure 6A-6B; column 60, lines 13-34; column 44, line 25 - column 45, line 11); storing, in the at least one storage device, the respective features of the images (storing feature via an on board storage memory device; column 6, lines 9-60; column 60, lines 13-34); and  wherein image classification model generation unit is further configured to: retrieve, from the storage device, the respective features of training images in the images (input training data samples are associated with various yield results and events and are used to further train test or validate the events, the first network then trains a second network acting as the master network training the second pre trained network for a specific task in which the second network is more likely to be correct; column 42, line 20- column 43, line 11; column 44, line 25 - column 45, line 11), wherein the training images are associated with a sub-group of the group of categories of images (input training data samples are associated with various yield results, sub-samples (subgroups), and key events and are used to further train test or validate the events, the first network then trains a second network acting as the master network training the second pre trained network for a specific task in which the second network is more likely to be correct; column 42, line 20- column 43, line 11; column 44, line 25 - column 45, line 11); train a second output layer portion for image classification of the sub- group of the group of categories of images, based on the respective features of the training images and according to classification labels of the training images (the second trained network is adapted to perform specific tasks once trained from the master network to complete said task, the pretrained network would be trained to detect and classify cancer tumors in a biological sample and warn of tumor bearing samples once trained by the first master network, where the classification labels would be cancerous or ; column 45, lines 12-67), wherein the training of the second output layer portion does not comprise training the feature extraction layer portion (wherein the output layer as seen in figure 5a is unrelated to the training of input layers 1, x1, x2, and xm to extract features with weight relating to w0, w1, w2, wm; figure 5a; column 24, line 44 – column 25, line 55); and generate a second DNN model for image classification of the sub-group of the group of categories of images by combining the feature extraction layer portion and the second output layer portion (the system then creates (generates) the second network which is then adapted to classify a naïve sample of biological tissue to be tumor bearing based on the detected features of the image by combing the features learned from summing layer 609 to output a trained second neural network comprising an output layer which would out put the likelihood of the tissue being tumor bearing; column 6, lines 9-60; column 46, line 60 – column 47, line 37).
As per claim 8, KUMAR discloses the system according to claim 7, wherein the first DNN model is trained using a subset of the images (the first neural network is trained via data sets and sub-samples of said data sets; column 67, lines 10-22).
As per claim 9, KUMAR discloses the system according to claim 7, wherein the image classification model generation unit is further configured to: receive a new image (the system receives an input image; figures 6A-6B; column 6, lines 9-60; column 46, line 38 – column 47, line 24); and classify, using the second DNN model, the new image (the system receives an input image and is classified based on the pre trained second network to determine tumor likelihood of the biological sample used; figures 6A-6B; column 46, line 38 – column 47, line 24).
As per claim 10, KUMAR discloses the system according to claim 7, wherein the image classification model generation unit is further configured receive additional training images (the system receives training data as image data to train the two networks respectively; column 46, line 38 – column 47, line 24); extract, using the feature extraction layer portion, respective features of the additional training images (the summing layer 609 extracts the plurality of features or each image used for training to determine an overall outcome based on said extracted features; column 46, line 38 – column 47, line 24); and train the second output layer portion based further on the respective features of the additional training images (the second “pretrained” network is trained by the first or “master” network based on training images and the features extracted from those images; column 46, line 38 – column 47, line 24).
As per claim 11, KUMAR discloses the system according to claim 7, wherein the image classification model generation unit is further configured to further adjust the feature extraction layer portion and the second output layer portion of the second DNN model based on the training images and the classification labels of the training images (adjusting the output layer of the second pretrained network a threshold may be set for sensitivity and specificity at the output layer to range from 0 to 1 with .5 being equal weights to both features; column 45, line 46 – column 46, line 12; column 46, line 38 – column 47, line 24).
As per claim 12, KUMAR discloses the system according to claim 11, wherein the image classification model generation unit is further configured to train the second DNN model by using original data of the training images and the classification labels (the second pretrained neural network which is trained via the first master network is then adapted to have its ratio set to a higher sensitivity ratio on the .00 to 1.00 scale say .70 to increase detection likelihood but also increases false positive rates when classifying biological samples as cancerous tumors where the classification labels would be cancerous or cancer free based on analyzation of the features collected from the input image; column 45, line 46 – column 46, line 12; column 46, line 38 – column 47, line 24).
As per claim 13, KUMAR discloses the system according to claim 11, wherein the image classification model is further configured to adjust the feature extraction layer portion and the output layer portion of the second DNN model by using at least one graphics processing unit (the image classification system utilizing two neural network models to determine a result after training wherein the output layer may have its ratios adjusted and the system comprises a GPU to change those image settings; column 45, line 46 – column 46, line 12; column 52, lines 15-41).
As per claim 14, KUMAR discloses a non-transitory computer-readable medium, comprising machine- executable instructions that, in response to execution by a system comprising a processor, cause the device to perform operations (non-transitory computer-readable memory storage, comprising processor executable instructions that a method for training an image classifier system comprising a computing processor; column 6, lines 9-60), comprising: training a first deep neural network (DNN) model for image classification of a group of categories of images (the system comprises a first deep neural network which is trained via input training data; column 46, line 60 – column 47, line 37), wherein the first DNN model comprises a feature extraction layer portion and a first output layer portion (as seen in figures 6A and 6B the neural network includes summing layer 609 acting as the feature extraction layer and output layer 610 acting as the output layer; figure 6A-6B; column 46, line 60 – column 47, line 37), and wherein the feature extraction layer portion comprises an input layer and one or more hidden layers, and does not comprise any output layers of the first DNN model (the features of the image are extracted via input layers 1, x1, x2, and xm which are adapted to extract features according to predetermined weights of desired values represented as w0, w1, w2, wm and fed into a net input function of the first artificial neural network; figure 5a; column 24, line 44 – column 25, line 55); extracting the feature extraction layer portion from the first DNN model (extracting various features via the summing layer 609 including MDSC layer 602, T cell layer 604, age and sex layer 606, and time and temp layer 608; figure 6A-6B; column 51, lines 10-42); incorporating the feature extraction layer portion as an executable module in a storage device of the system (storing feature via an on board storage memory device; column 60, lines 13-34); extracting, using the feature extraction layer portion in the storage device, a group of features of respective features of images stored in the storage device by (the summing layer 609 (feature extraction layer) is stored in the systems computing memory device adapted for storing executable instructions, and using the summing layer 609 to extract various features such as MDSC layer 602, T cell layer 604, age and sex layer 606, and time and temp layer 608 from the input images; figure 6A-6B; column 51, lines 10-42); storing, in the storage device, the respective features of the images (storing feature via an on board storage memory device; column 60, lines 13-34); retrieving, from the storage device, the respective features of training images in the images (the system may retrieve from the onboard memory device data relating to the image features collected via the summing layer 609; figure 6A-6B; column 60, lines 13-34; column 44, line 25 - column 45, line 11), wherein the training images are associated with a sub-group of the group of categories of images (input training data samples are associated with various yield results and events and are used to further train test or validate the events, the first network then trains a second network acting as the master network training the second pre trained network for a specific task in which the second network is more likely to be correct; column 42, line 20- column 43, line 11; column 44, line 25 - column 45, line 11); training a second output layer portion for image classification of the sub-group of the group of categories of images (input training data samples are associated with various yield results and events and are used to further train test or validate the events, the first network then trains a second network acting as the master network training the second pre trained network for a specific task in which the second network is more likely to be correct; column 42, line 20- column 43, line 11; column 44, line 25 - column 45, line 11), based on the respective features of the training images and according to classification labels of the training images (the second trained network is adapted to perform specific tasks once trained from the master network to complete said task, the pretrained network would be trained to detect cancer tumors in a biological sample and warn of tumor bearing samples once trained by the first master network; column 45, lines 12-67), wherein the training of the second output layer portion does not comprise training the feature extraction layer portion (wherein the output layer as seen in figure 5a is unrelated to the training of input layers 1, x1, x2, and xm to extract features with weight relating to w0, w1, w2, wm; figure 5a; column 24, line 44 – column 25, line 55); and generating a second DNN model for image classification of the sub-group of the group of categories of images by combining the feature extraction layer portion and the second output layer portion (the system then creates (generates) the second network which is then adapted to classify a naïve sample of biological tissue to be tumor bearing based on the detected features of the image by combing the features learned from summing layer 609 to output a trained second neural network comprising an output layer which would out put the likelihood of the tissue being tumor bearing; column 6, lines 9-60; column 46, line 60 – column 47, line 37).
As per claim 15, KUMAR discloses the non-transitory computer-readable medium according to claim 14, wherein the first DNN model is training using a subset of the images (the first neural network is trained via data sets and sub-samples of said data sets; column 67, lines 10-22).
As per claim 16, KUMAR discloses the non-transitory computer-readable medium according to claim 14, wherein the operations further comprise: receiving a new image (the system receives an input image; figures 6A-6B; column 6, lines 9-60; column 46, line 38 – column 47, line 24); and classifying, using the second DNN model, the new image (the system receives an input image and is classified based on the pre trained second network to determine tumor likelihood of the biological sample used; figures 6A-6B; column 46, line 38 – column 47, line 24).
As per claim 17, KUMAR discloses the non-transitory computer-readable medium according to claim 14, wherein the operations further comprise: receiving additional training images (the system receives training data as image data to train the two networks respectively; column 46, line 38 – column 47, line 24); extracting, using the feature extraction layer portion, respective features of the additional training images (the summing layer 609 extracts the plurality of features or each image used for training to determine an overall outcome based on said extracted features; column 46, line 38 – column 47, line 24); and wherein the training of the second output layer portion comprises training the second output layer portion based further on the respective features of the additional training images by (the second “pretrained” network is trained by the first or “master” network based on training images and the features extracted from those images; column 46, line 38 – column 47, line 24).
As per claim 18, KUMAR discloses the non-transitory computer-readable medium according to claim 14, wherein the operations further comprise: adjusting the feature extraction layer portion and the second output layer portion of the second DNN model based on the training images and the classification labels of the training images (adjusting the output layer of the second pretrained network a threshold may be set for sensitivity and specificity at the output layer to range from 0 to 1 with .5 being equal weights to both features; column 45, line 46 – column 46, line 12; column 46, line 38 – column 47, line 24).
As per claim 19, KUMAR discloses the non-transitory computer-readable medium according to claim 18, wherein adjusting the feature extraction layer portion and the output layer portion of the second DNN model comprises: training the second DNN model by using original data of the training images and the classification labels (the second pretrained neural network which is trained via the first master network is then adapted to have its ratio set to a higher sensitivity ratio on the .00 to 1.00 scale say .70 to increase detection likelihood but also increases false positive rates when classifying biological samples as cancerous tumors where the classification labels would be cancerous or cancer free based on analyzation of the features collected from the input image; column 45, line 46 – column 46, line 12; column 46, line 38 – column 47, line 24).
As per claim 20, KUMAR discloses the non-transitory computer-readable medium according to claim 19, wherein the adjusting the feature extraction layer portion and the output layer portion of the second DNN model comprises using at least one graphics processing unit (the image classification system utilizing two neural network models to determine a result after training wherein the output layer may have its ratios adjusted and the system comprises a GPU to change those image settings; column 45, line 46 – column 46, line 12; column 52, lines 15-41).
Conclusion

CITED REFERENCE SUMMARIES: Ref US10360499B2: Claims:
A computer-implemented method of training an artificial neural network, the method comprising: (a) performing, by a computer, an augmentation process comprising: (1) obtaining a biological data sample comprising measurements from a flow cytometer instrument of a plurality of event features for a plurality of events of interest in a biological sample; (2) generating a sub-sample, wherein the generating comprises selecting measurements of event features from a subset of the events of interest from the biological data sample; (3) using four or more flow cytometer measurement channels to define a feature coordinate space, the feature coordinate space comprising four or more axes, each axis corresponding to a different channel of the four or more flow cytometer measurement channels, wherein the four or more flow cytometer measurement channels produces measurements of the plurality of event features contained in the sub-sample; (4) using the measurements of the plurality of event features for the plurality of events of interest contained in the sub-sample to define locations for the plurality of events of interest in the feature coordinate space to form a distribution in the feature coordinate space indicative of an event population of interest, wherein the distribution in the feature coordinate space indicative of the event population of interest in the sub-sample is formed by: (i) dividing each axis of the feature coordinate space into a plurality of segments, thereby dividing the feature coordinate space into a plurality of hypervoxels; and (ii) for each hypervoxel of the plurality of hypervoxels, determining a count of a number of events of interest comprising an event feature value that locates an event of interest in the hypervoxel; and (b) applying, by the computer, a training process to an artificial neural network, wherein the training process comprises: (1) applying, by the computer, an artificial neural network detection structure to the distribution in the feature coordinate space indicative of the event population of interest, the detection structure employing the artificial neural network to correlate the distribution in the feature coordinate space indicative of the event population of interest with a distribution in a reference feature coordinate space indicative of a reference event population, wherein the detection structure is capable of detecting shifts and rotations in the event population of interest within the feature coordinate space relative to the reference event population within the reference feature coordinate space; (2) determining, by the computer, whether the biological sample contains cells indicative of a classification of the sub-sample; and (3) using the classification of the sub-sample and the measurements of the plurality of event features in the sub-sample to train the artificial neural network.
(a) performing, by a computer, an augmentation process comprising: (1) obtaining a biological data sample comprising measurements from a flow cytometer instrument of a plurality of event features for a plurality of events of interest in a biological sample; (2) generating a sub-sample, wherein the generating comprises selecting measurements of event features from a subset of the events of interest from the biological data sample; (3) using four or more flow cytometer measurement channels to define a feature coordinate space, the feature coordinate space comprising four or more axes, each axis corresponding to a different channel of the four or more flow cytometer measurement channels, wherein the four or more flow cytometer measurement channels produces measurements of the plurality of event features contained in the sub-sample; (4) using the measurements of the plurality of event features for the plurality of events of interest contained in the sub-sample to define locations for the plurality of events of interest in the feature coordinate space to form a distribution in the feature coordinate space indicative of an event population of interest, wherein the distribution in the feature coordinate space indicative of the event population of interest in the sub-sample is formed by: (i) dividing each axis of the feature coordinate space into a plurality of segments, thereby dividing the feature coordinate space into a plurality of hypervoxels; and (ii) for each hypervoxel of the plurality of hypervoxels, determining a count of a number of events of interest comprising an event feature value that locates an event of interest in the hypervoxel; and
(1) obtaining a biological data sample comprising measurements from a flow cytometer instrument of a plurality of event features for a plurality of events of interest in a biological sample;
(2) generating a sub-sample, wherein the generating comprises selecting measurements of event features from a subset of the events of interest from the biological data sample;
(3) using four or more flow cytometer measurement channels to define a feature coordinate space, the feature coordinate space comprising four or more axes, each axis corresponding to a different channel of the four or more flow cytometer measurement channels, wherein the four or more flow cytometer measurement channels produces measurements of the plurality of event features contained in the sub-sample;
(4) using the measurements of the plurality of event features for the plurality of events of interest contained in the sub-sample to define locations for the plurality of events of interest in the feature coordinate space to form a distribution in the feature coordinate space indicative of an event population of interest, wherein the distribution in the feature coordinate space indicative of the event population of interest in the sub-sample is formed by: (i) dividing each axis of the feature coordinate space into a plurality of segments, thereby dividing the feature coordinate space into a plurality of hypervoxels; and (ii) for each hypervoxel of the plurality of hypervoxels, determining a count of a number of events of interest comprising an event feature value that locates an event of interest in the hypervoxel; and
(i) dividing each axis of the feature coordinate space into a plurality of segments, thereby dividing the feature coordinate space into a plurality of hypervoxels; and
(ii) for each hypervoxel of the plurality of hypervoxels, determining a count of a number of events of interest comprising an event feature value that locates an event of interest in the hypervoxel; and
(b) applying, by the computer, a training process to an artificial neural network, wherein the training process comprises: (1) applying, by the computer, an artificial neural network detection structure to the distribution in the feature coordinate space indicative of the event population of interest, the detection structure employing the artificial neural network to correlate the distribution in the feature coordinate space indicative of the event population of interest with a distribution in a reference feature coordinate space indicative of a reference event population, wherein the detection structure is capable of detecting shifts and rotations in the event population of interest within the feature coordinate space relative to the reference event population within the reference feature coordinate space; (2) determining, by the computer, whether the biological sample contains cells indicative of a classification of the sub-sample; and (3) using the classification of the sub-sample and the measurements of the plurality of event features in the sub-sample to train the artificial neural network.
(1) applying, by the computer, an artificial neural network detection structure to the distribution in the feature coordinate space indicative of the event population of interest, the detection structure employing the artificial neural network to correlate the distribution in the feature coordinate space indicative of the event population of interest with a distribution in a reference feature coordinate space indicative of a reference event population, wherein the detection structure is capable of detecting shifts and rotations in the event population of interest within the feature coordinate space relative to the reference event population within the reference feature coordinate space;
(2) determining, by the computer, whether the biological sample contains cells indicative of a classification of the sub-sample; and
(3) using the classification of the sub-sample and the measurements of the plurality of event features in the sub-sample to train the artificial neural network.
The method of claim 1 , comprising repeating step (a)(2) at least one time to generate sibling samples, wherein the sibling samples are at least two sub-samples generated from the biological data sample, wherein the sibling samples comprise a first sibling sample and a second sibling sample, wherein the first sibling sample comprises a number (N) of measurements of the biological sample and a second sibling sample, wherein the second sibling sample comprises at least N/4 measurements of the biological sample.
The method of claim 1 , further comprising: (c) determining a status of a condition in a subject by applying, by the computer, the artificial neural network to data obtained from a naïve biological sample from the subject, wherein the data comprise a plurality of event features for a plurality of events from the subject; and (d) generating, by the computer, a report comprising the status of the condition in the subject.
(c) determining a status of a condition in a subject by applying, by the computer, the artificial neural network to data obtained from a naïve biological sample from the subject, wherein the data comprise a plurality of event features for a plurality of events from the subject; and
(d) generating, by the computer, a report comprising the status of the condition in the subject.
The method of claim 3 , wherein the status of the condition comprises a presence of the condition, an absence of the condition, an increase in severity of the condition, a decrease in severity of the condition, a stage of the condition, a status associated with a prognosis, or a response to a therapy.
The method of claim 2 , wherein the training process in (b) further comprises updating the artificial neural network to improve a performance characteristic of the artificial neural network.
A computer-implemented method of using a trained artificial neural network to determine a status of a condition of a subject, the method comprising: (a) performing, by a computer, an analysis of a biological sample from a subject, the analysis comprising: (1) obtaining a biological data sample comprising measurements obtained from a flow cytometer instrument of a plurality of event features for a plurality of events of interest from the biological sample; (2) using four or more flow cytometer measurement channels to define a feature coordinate space, the feature coordinate space comprising four or more axes, each axis corresponding to a different channel of the four or more flow cytometer measurement channels, wherein each of the four or more flow cytometer measurement channels produces measurements of the plurality of event features, and (3) using the measurements of the plurality of event features for the plurality of events of interest to define locations for the plurality of events of interest in the feature coordinate space to form a distribution in the feature coordinate space indicative of an event population of interest, wherein the distribution in the feature coordinate space indicative of the event population of interest is formed by: (i) dividing each axis of the feature coordinate space into a plurality of segments, thereby dividing the feature coordinate space into a plurality of hypervoxels, and (ii) for each hypervoxel of the plurality of hypervoxels, determining a count of a number of events of interest comprising an event feature value that locates the event of interest in the hypervoxel; (b) applying, by the computer, an artificial neural network to determine whether the biological sample contains cells indicative of the status of the condition of the subject; and (c) automatically generating, by the computer, a report comprising the status of the condition of the subject.
(a) performing, by a computer, an analysis of a biological sample from a subject, the analysis comprising: (1) obtaining a biological data sample comprising measurements obtained from a flow cytometer instrument of a plurality of event features for a plurality of events of interest from the biological sample; (2) using four or more flow cytometer measurement channels to define a feature coordinate space, the feature coordinate space comprising four or more axes, each axis corresponding to a different channel of the four or more flow cytometer measurement channels, wherein each of the four or more flow cytometer measurement channels produces measurements of the plurality of event features, and (3) using the measurements of the plurality of event features for the plurality of events of interest to define locations for the plurality of events of interest in the feature coordinate space to form a distribution in the feature coordinate space indicative of an event population of interest, wherein the distribution in the feature coordinate space indicative of the event population of interest is formed by: (i) dividing each axis of the feature coordinate space into a plurality of segments, thereby dividing the feature coordinate space into a plurality of hypervoxels, and (ii) for each hypervoxel of the plurality of hypervoxels, determining a count of a number of events of interest comprising an event feature value that locates the event of interest in the hypervoxel;
(1) obtaining a biological data sample comprising measurements obtained from a flow cytometer instrument of a plurality of event features for a plurality of events of interest from the biological sample;
(2) using four or more flow cytometer measurement channels to define a feature coordinate space, the feature coordinate space comprising four or more axes, each axis corresponding to a different channel of the four or more flow cytometer measurement channels, wherein each of the four or more flow cytometer measurement channels produces measurements of the plurality of event features, and
(3) using the measurements of the plurality of event features for the plurality of events of interest to define locations for the plurality of events of interest in the feature coordinate space to form a distribution in the feature coordinate space indicative of an event population of interest, wherein the distribution in the feature coordinate space indicative of the event population of interest is formed by: (i) dividing each axis of the feature coordinate space into a plurality of segments, thereby dividing the feature coordinate space into a plurality of hypervoxels, and (ii) for each hypervoxel of the plurality of hypervoxels, determining a count of a number of events of interest comprising an event feature value that locates the event of interest in the hypervoxel;
(i) dividing each axis of the feature coordinate space into a plurality of segments, thereby dividing the feature coordinate space into a plurality of hypervoxels, and
(ii) for each hypervoxel of the plurality of hypervoxels, determining a count of a number of events of interest comprising an event feature value that locates the event of interest in the hypervoxel;
(b) applying, by the computer, an artificial neural network to determine whether the biological sample contains cells indicative of the status of the condition of the subject; and
(c) automatically generating, by the computer, a report comprising the status of the condition of the subject.
The method of claim 6 , the method further comprising performing, by the computer, an augmentation process comprising: (a)(1)(A) generating a sub-sample, wherein the generating comprises selecting measurements of event features from a subset of the events of interest; and (a)(1)(B) repeating step (a)(1)(A) to generate sibling samples, wherein the sibling samples are two or more sub-samples from the biological data sample, wherein the artificial neural network provides the status of the condition for at least three sibling samples from the same biological data sample to give a global status category of the biological data sample, wherein the global status category comprises the most probable category based on a frequency of the statuses of the condition of the sibling samples.
(a)(1)(A) generating a sub-sample, wherein the generating comprises selecting measurements of event features from a subset of the events of interest; and
(a)(1)(B) repeating step (a)(1)(A) to generate sibling samples, wherein the sibling samples are two or more sub-samples from the biological data sample, wherein the artificial neural network provides the status of the condition for at least three sibling samples from the same biological data sample to give a global status category of the biological data sample, wherein the global status category comprises the most probable category based on a frequency of the statuses of the condition of the sibling samples.
The method of claim 6 , wherein the artificial neural network is one of at least three artificial neural networks that are used by a master network where the at least three artificial networks vary in at least one of number of network layers, number of neurons used, training function, method of output error calculation, weight and bias updating method, number of inputs, type of inputs, and combinations thereof.
The method of claim 6 , wherein determining whether the biological sample contains cells indicative of the status of the condition of the subject comprises identifying, by the computer, characteristic event features indicative of the status of the condition, thereby providing the status of the condition of the biological data sample and diagnosing the status of the condition in the subject.
The method of claim 6 , wherein automatically generating, by the computer, the report further comprises a treatment recommendation comprising an effective amount of a therapeutic agent for the status of the condition in the subject, wherein the generating is based on characteristic event features indicative of the status of the condition, and wherein the effective amount of the therapeutic agent is administered to the subject to treat the condition in the subject.
The method of claim 6 , wherein the status of the condition comprises a presence of the condition, an absence of the condition, an increase in severity of the condition, a decrease in severity of the condition, a stage of the condition, a status associated with a prognosis, or a response to a therapy.
The method of claim 6 , wherein multiple artificial neural networks are applied to the biological data sample and used to provide multiple statuses of the condition, wherein the multiple artificial neural networks are trained separately, wherein the multiple artificial neural networks provide an independent status of the condition, wherein the statuses of the condition by the multiple artificial neural networks are analyzed by a master neural network to give a global status category of the biological sample, and wherein the global status category is the most probable category based on a frequency of the statuses of the condition of the biological data sample.
The method of claim 6 , wherein the artificial neural network comprises a network output classifier, the network output classifier comprising a sigmoid activation function, wherein the sigmoid activation function comprising a network sigmoid output value over a threshold is classified into a first status and the value at or below the threshold is classified into a second status.

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