DETAILED ACTION
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finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 17 February 2026 has been entered.
Response to Amendment
The amendment filed on 17 February 2026 has been entered.
Claims 46-68 are pending.
Claims 46, 67-68 are currently amended.
Claims 59, 62-66 (marked currently amended by Applicant) was previously amended in Claims filed 26 June 2025.
Response to Arguments
Applicant's arguments filed on 17 February 2026 have been fully considered, but they are not persuasive.
Applicant’s remarks, regarding the rejections of claims under 35 USC 103, have been fully considered.
Applicant submits King, Schloter, Yadgar, and Block, either on their own or in combination with each other, do not disclose or fairly suggest "instantiating, in a non-transitory, computer readable memory of the mobile device, one of a plurality of virtual assistants according to the set of assistant attributes, wherein the instantiated virtual assistant comprises a teller avatar or virtual companion that is: custom created for the user to obtain services based on a type or nature of the at least one object type and the location, bound to a group of one or more users comprising the user that is engaged in a common activity related to the environment, and operative to offer the services to the group via a gaming communications link in which at least one entity remote to the group retains control over one or more parameters or properties of the teller avatar or virtual companion;" and "rendering the instantiated virtual assistant on the mobile device for use by the user" (Emphasis added), as in amended Claim 46.
Moreover, the additional references cited with respect to the dependent claims (Gruber, Brazier, Thomson, Chou, Scott, and Brown) do not cure the deficiencies of King, Schloter, Yadgar, and Block, nor are they alleged to do so.
Therefore, independent Claims 46, 67, and 68 are believed to be in condition for allowance, reconsideration of which is respectfully requested. Dependent Claims 47-66 are allowable for at least being dependent upon an allowable base claim.
Applicant’s arguments have been considered, but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 46, 49-50, 52-53, 59-62, 67-68 are rejected under 35 U.S.C. 103 as being unpatentable over King et al. (U.S. Pre-Grant Publication No. 2011/0043652, hereinafter ‘King'), in view of Schloter et al. (U.S. Pre-Grant Publication No. 2014/0156653, hereinafter ‘Schloter’), Yadgar (U.S. Pre-Grant Publication No. 2013/0152092), Block et al. (U.S. Patent No. 9098961, hereinafter ‘Block'), and further in view of Block et al. (U.S. Patent No. 9004353, hereinafter ‘Block2’).
Regarding claim 46 and analogous claims 67, 68, King teaches A method of instantiating a virtual assistant on a mobile device, the method comprising: obtaining, via a least one processor, a digital representation of an environment related to the mobile device of a user and including location data of the mobile device ([0670] While many embodiments and examples described above employ software stored tangible storage media within a via a least one processor mobile device or other computing system, applications and processes may be hard coded into the computing systems (e.g. stored in EEPROM, PROM, and so on).; ([0019] In some examples, obtaining a digital representation capturing information and presenting content associated with the captured information is described.; [0033] Virtually every physical a digital representation display of information is or can be associated with additional digital information. For example, an image can be associated with a description (e.g., metadata), a web page, and so on; a single word can be associated with a definition, a Wikipedia entry, an advertisement, and so on; a document can be associated with its electronic counterpart, a web page, a slide show, and so on; a geographical location (or object at the location) can be associated with metadata, images, information about the location); [0048] A capture device, such as a mobile device having a camera and/or voice recorder, captures 100 text and/or other information from a rendered document or from information displayed of an environment related to the mobile device in proximity to the device.; [0055] As an example of how the capture device may be used, a related to the mobile device of a user reader may capture text from a newspaper article with a camera associated with her mobile device. The text is captured as a bit-mapped image via the camera. The logic stores the bit-mapped image in memory and time stamps the image, as well as records other data associated with the capture (location data of the mobile device such as position of a device, geo-locational data, and so on).;
generating, via the at least one processor, at least one digital feature, including a location, from the digital representation ([0055] As an example of how the capture device may be used, a reader may capture text from a newspaper article with a camera associated with her mobile device. The text is captured as a bit-mapped image via the camera. The logic stores the bit-mapped image in memory and time stamps the image, as well as records generating, via the at least one processor, at least one digital feature, other data associated with the digital representation capture (such as position of a device, a location, from the digital representation geo-locational data, and so on).);
identifying, via the at least one processor, at least one object type associated with an object related to the environment from the at least one digital feature ([0033] Virtually every physical display of information is or can be associated with from the at least one digital feature additional digital information. For example, an image can be associated with a description (e.g., metadata), a web page, and so on; a single word can be associated with a definition, a Wikipedia entry, an advertisement, and so on; a document can be associated with its electronic counterpart, a web page, a slide show, and so on; a geographical location (identifying, via the at least one processor, at least one object type or object at related to the environment the location) can be associated with metadata, images, information about the location);
King fails to teach receive a set of assistant attributes satisfying at least one query criterion submitted to an assistant database, wherein the at least one query criterion depends on at least the location and the at least one object type; instantiating, in a non-transitory, computer readable memory of the mobile device, one of a plurality of virtual assistants according to the set of assistant attributes; and wherein the instantiated virtual assistant comprises a teller avatar or virtual companion that is: custom created for the user to obtain services based on a type or nature of the at least one object type and the location, bound to a group of users comprising the user that is engaged in a common activity related to the environment, and operative to offer the services to the group via a gaming communications link in which at least one entity remote to the group retains control over one or more parameters or properties of the teller avatar or virtual companion; and rendering the instantiated virtual assistant on the mobile device for use by the user.
Schloter teaches receive a set of assistant attributes satisfying at least one query criterion submitted to an assistant database, wherein the at least one query criterion depends on at least the location and the at least one object type ([0049] According to embodiments of the present invention, the predefined associations may act, for example, like an icon on a standard computer desktop insofar as, similar to clicking on an icon which establishes a link to corresponding functionality, identifying an object within an image that is defined to correspond to a predefined association may establish a link to corresponding functionality defined for execution by the predefined association without further operator input (e.g., automatically). As such, links may be receive established between real world objects (e.g., a building, an entity, a person, a logo, a label, the at least one object type any other object or concept, or the like) and virtual world items a set of assistant attributes (actions, information, web sites, phone numbers, addresses, etc.).; [0073] The satisfying at least one query criterion submitted to an assistant database determination as to whether the object corresponds to the particular object having the predefined association may then be made, for example, by determining whether the object is in a list (e.g., stored in the memory 75 or another location accessible to the processing element 74) of predefined associations. In response to a determination that the predefined association exists, a corresponding function may be performed. As such, the list may include, for example, the object and the corresponding function (or instructions for executing the corresponding function). The performance of the function may provide the retrieval of information, accessing of information, or other functions. In some embodiments, the processing element 74 may also receive the at least one query criterion depends on at least the location location information indicative of a location associated with a user providing the indications of the image (e.g., the location of the device obtaining the image) and information retrieved or accessed may be based at least in part on the location information.);
instantiating, in a non-transitory, computer readable memory of the mobile device, one of a plurality of virtual assistants according to the set of assistant attributes; and rendering the instantiated virtual assistant on the mobile device for use by the user ([0026] The mobile device for use by the user mobile terminal 10 may also comprise a user interface including an output device such as a conventional earphone or speaker 24, a microphone 26, a display 28, and a user input interface, all of which are coupled to the controller 20. The user input interface, which allows the mobile terminal 10 to receive data, may include any of a number of devices allowing the mobile terminal 10 to receive data, such as a keypad 30, a touch display (not shown) or other input device.; [0040] However, it should be noted that the apparatus of FIG. 3 may also be rendering the instantiated virtual assistant on the mobile device employed in connection with a variety of other devices, both mobile and fixed, and therefore, embodiments of the present invention should not be limited to application on devices such as the mobile terminal 10 of FIG. 1.; ([0047] In an exemplary embodiment, once the object in the image has been identified (e.g., by the correlation mechanism described above or by another known mechanism), if the object corresponds to the particular object having the predefined association, the processing element 74 may be instantiating, in a non-transitory, computer readable memory of the mobile device, one of a plurality of virtual assistants configured to (or may comprise execution circuitry configured to) execute a function corresponding to the predefined association. In some cases, the function may include executing a link. The link may be to, for example, a according to the set of assistant attributes web site, a phone number, an email address, a yellow pages entry, a keyword, a document, a radio station, a television channel, a music library, certain content, a particular application and state, or the like. Alternatively, the link may launch an application, execute a function of the mobile terminal 10 (e.g., placing a call or sending a text message or email, etc.), execute a function of a computer, etc. The link could alternatively be empty or nonexistent.).
King and Schloter are considered to be analogous to the claimed invention because they are in the same field of machine learning. In view of the teachings of King, it would have been obvious for a person of ordinary skill in the art to apply the teachings of Schloter to King before the effective filing date of the claimed invention in order to determine pre-defined associations of an object at a location and performing a corresponding function, such as executing a link determined to be associated with an object in an image (cf. Schloter, [0073] The determination as to whether the object corresponds to the particular object having the predefined association may then be made, for example, by determining whether the object is in a list (e.g., stored in the memory 75 or another location accessible to the processing element 74) of predefined associations. In response to a determination that the predefined association exists, a corresponding function may be performed. As such, the list may include, for example, the object and the corresponding function (or instructions for executing the corresponding function). The performance of the function may provide the retrieval of information, accessing of information, or other functions.; ([0047] In an exemplary embodiment, once the object in the image has been identified (e.g., by the correlation mechanism described above or by another known mechanism), if the object corresponds to the particular object having the predefined association, the processing element 74 may be configured to (or may comprise execution circuitry configured to) execute a function corresponding to the predefined association. In some cases, the function may include executing a link.).
Yadgar teaches wherein the instantiated virtual assistant comprises a teller avatar or virtual companion that is: custom created for the user to obtain services based on a type or nature of the at least one object type and the location, bound to a group of users comprising the user that is engaged in a common activity related to the environment, and operative to offer shared virtual assistant services to the group of users ([0011] A generic wherein the instantiated virtual assistant comprises a teller avatar or virtual companion virtual personal assistant platform according to the present disclosure supports dialog-based interactions allowing a user to communicate using a language input (e.g., natural language), either in speech or text, as well as gestures, video, webpage interaction, image input, and other forms of input. The platform recognizes the language input and interprets the language input to determine an intent, perform tasks, and provide replies (e.g., in natural language).; [0016] Embodiments of the present disclosure thus provide a reusable or generic virtual personal assistant platform, that can be custom created for the user to obtain services based on a type or nature of the at least one object type rapidly configured and reconfigured for multiple applications for content searching, content retrieval and/or transaction completion, among other applications, including: remote banking, electronic shopping/retail applications, customer service applications, transportation information applications, travel planning, medical consultation, military support applications, desktop assistance for assisting a user in completing a workflow on a computing device, bound to a group of users comprising the user that is engaged in a common activity related to the environment assisting the user in a collaborative workflow including the user and another individual (such as an operative to offer shared virtual assistant services to the group of users interactive virtual workspace collaboration, and the like), information discovery, rating of articles, desktop and web search, document management, team collaboration, and numerous other tasks.; [0015] In one embodiment, the core of a generic virtual personal assistant platform includes interpretation and reasoning components, such as a sentence-level understanding module, a context-level interpreter and a task reasoner, that comprise the “brains” of the platform for interaction and decision making. There may also be preliminary input processing tools, such as a speech recognition engine or character recognition engine that take voice or writing (respectively) as an input and provide text as output. Some embodiments may also receive and process additional contextual input, such as and the location location data (e.g. GPS), various user characteristics (e.g. tone of voice, facial expression etc.), and/or human supervisory input, for example as described in co-pending, commonly assigned international applications PCT/US2010/047588, titled METHOD AND APPARATUS FOR TAILORING THE OUTPUT OF AN INTELLIGENT AUTOMATED ASSISTANT TO A USER, filed Sep. 1, 2010, and PCT/US2010/047584, titled METHOD AND APPARATUS FOR EXPLOITING HUMAN FEEDBACK IN AN INTELLIGENT AUTOMATED ASSISTANT, filed Sep. 1, 2010, the respective contents of which are herein incorporated by reference in their entireties.);
King, Schloter, and Yadgar are considered to be analogous to the claimed invention because they are in the same field of machine learning. In view of the teachings of King and Schloter, it would have been obvious for a person of ordinary skill in the art to apply the teachings of Yadgar to King before the effective filing date of the claimed invention in order to provide a reusable or generic virtual personal assistant platform, that can be rapidly configured and reconfigured for multiple applications (cf. Yadgar, [0016] Embodiments of the present disclosure thus provide a reusable or generic virtual personal assistant platform, that can be rapidly configured and reconfigured for multiple applications for content searching, content retrieval and/or transaction completion, among other applications, including: remote banking, electronic shopping/retail applications, customer service applications, transportation information applications, travel planning, medical consultation, military support applications, desktop assistance for assisting a user in completing a workflow on a computing device, assisting the user in a collaborative workflow including the user and another individual (such as an interactive virtual workspace collaboration, and the like), information discovery, rating of articles, desktop and web search, document management, team collaboration, and numerous other tasks.).
Block teaches wherein the instantiated virtual assistant comprises a teller avatar or virtual companion that is: custom created for the user to obtain services based on a type or nature of the at least one object type and the location ([Col. 41, Lines 31-48] For example, a user may approach the terminal and that person can be asked if they would like to have the same comprises a teller avatar teller assist them that may have helped them with their previous transactions. If they did, then a wherein the instantiated virtual assistant virtual person who looked the same (such as avatar or face and voice transformation) may assist them with the transaction. This way the user could establish a or virtual companion relationship with that virtual teller that would appear to be the same person. For example, a file or database of personal information and preferences could be maintained on each user, whereby that information could be provided during each user session.; [Col. 36, Lines 26-30] When the banking customer is identified through operation of one or more computers, data associated with that customer can be retrieved from one or more data stores. custom created for the user to obtain services Data is used by the banking computer system to cause to be produced, a personal greeting or other messages to the banking customer.; [Col. 43, Lines 5-8] Alternatively or in addition, the display surface may include other sensors which are operative to based on a type or nature of the at least one object type sense other characteristics of items. This may include cards, passbooks, checks, tokens, fobs or the like.; [Col. 45, Lines 52-55] Responsive to having determined that the particular customer is at and the location the location at the display surface, one or more computers are operative to cause the surface computer to provide outputs appropriate for the particular user.),
King, Schloter, Yadgar, and Block are considered to be analogous to the claimed invention because they are in the same field of machine learning. In view of the teachings of King, Schloter, and Yadgar, it would have been obvious for a person of ordinary skill in the art to apply the teachings of Block to King before the effective filing date of the claimed invention in order to determine availability of banking resources (cf. Block, ([Col. 4, Lines 40-46] The welcome terminal may be operative to provide outputs that prompt the banking customer to provide inputs to the terminal that indicate what banking transactions the banking customer would like to perform. In the exemplary embodiment the terminal operates to cause the availability of the banking resources corresponding to the requested customer transaction or transactions to be determined.).
Block2 teaches operative to offer the services to the group via a gaming communications link in which at least one entity remote to the group retains control over one or more parameters or properties of the teller avatar or virtual companion ([Col. 48, Line 58-Col. 49, Line 3] In some exemplary embodiments, avatars and facial transformation software may operate to present the customer with a constant user experience from the same “person.” Features may be used like those shown in U.S. patent application Ser. No. 12/384,479 filed Apr. 3, 2009 and Ser. No. 12/925,114 filed Oct. 14, 2010 the disclosures of each of which are incorporated herein by reference in its entirety. For example, a user may approach the terminal and that person may be asked if they would like to have the same teller assist them that may have helped them with their previous transactions. If they did, then a of the teller avatar or virtual companion virtual person who looked the same (such as avatar or face and voice transformation) may assist them with the transaction.; [Col. 63, Lines 13-28] Once the service provider has the information about the machine 760 in front of them, the user may then operative to offer the services to the group via a gaming communications link establish the remote video and audio communications link to the machine. In this way, the teller's face may appear on a screen or on a portion of the screen 789, and the teller's voice may come out of the speakers 38 located on or adjacent to the automated banking machine 760, as illustrated in FIG. 31. Likewise, the teller would be able to see the user and hear the user through a microphone 42 located on or adjacent to the automated banking machine 760, as shown in FIGS. 30 and 31. Based on the user's conversation with the teller and the teller's ability to verify the status of the devices, such as the output devices 46, for example corresponding to a malfunction, the in which at least one entity remote to the group retains control over one or more parameters or properties service provider could then utilize the PC Anywhere functionality from the remote computer 20 at the service provider station 22 to operate the devices as needed.); and
King, Schloter, Yadgar, Block, and Block2 are considered to be analogous to the claimed invention because they are in the same field of machine learning. In view of the teachings of King, Schloter, Yadgar, and Block, it would have been obvious for a person of ordinary skill in the art to apply the teachings of Block2 to King before the effective filing date of the claimed invention in order to provide assistance for multiple transaction steps or multiple transactions (cf. Block2, [Col. 65, Line 60-Col. 66, Line 2] In an exemplary arrangement the remote teller may become involved in transactions only where necessary and as briefly as possible. This will maximize the benefits of the involvement of the remote teller who communicates with the customer at the machine via two-way audio and video to only those situations where their assistance is needed. However, in exemplary arrangements if a customer at an automated banking machine requests teller involvement, the remote teller may provide assistance for multiple transaction steps or multiple transactions being carried out by the customer.).
Regarding claim 49, King, as modified by Schloter, Yadgar, Block, and Block2, teaches The method of claim 46.
King teaches wherein the digital representation includes an image of a scene ([0068] The capture device may capture digital representation text using an optical or imaging component that captures image data from an object, display of information, and/or a rendered document, or using an audio recording device that captures a user's spoken reading of displayed text, or other methods. In some examples, the capture device may also capture images, movies, graphical symbols and icons, and so on, including machine-readable codes such as barcodes, QR codes, RFID tags, etc., although these are not generally required to recognize a document or perform actions associated with the document or captured text. In some cases, the capture device may also capture includes an image of a scene images of the environment of the device, including images of objects surrounding the device.).
King, Schloter, Yadgar, Block, and Block2 are combinable for the same rationale as set forth above with respect to claim 46.
Regarding claim 50, King, as modified by Schloter, Yadgar, Block, and Block2, teaches The method of claim 46.
King teaches wherein the digital representation comprises audio data ([0398] The capture device may be used to capture text when it is out of contact with other parts of the system. A very simple device may simply be able to store the image or comprises audio data audio data associated with the digital representation capture, ideally with a timestamp indicating when it was captured. The various captures may be uploaded to the rest of the system when the capture device is next in contact with it, and handled then. The capture device may also upload other data associated with the captures, for example voice annotations or location information.).
King, Schloter, Yadgar, Block, and Block2 are combinable for the same rationale as set forth above with respect to claim 46.
Regarding claim 52, King, as modified by Schloter, Yadgar, Block, and Block2, teaches The method of claim 46.
King teaches wherein the at least one digital feature further includes a time ([0064] Computer 212 may include a memory containing computer executable instructions for processing an order from capture device 216. As an example, an order can include an identifier (such as a serial number of the capture device 216 or an identifier that partially or uniquely identifies the user of the capture device), capture digital feature context information (e.g., includes a time time of capture, location of capture, etc.) and/or captured information (such as a text string) that is used to uniquely identify the source from which data is being captured.).
King, Schloter, Yadgar, Block, and Block2 are combinable for the same rationale as set forth above with respect to claim 46.
Regarding claim 53, King, as modified by Schloter, Yadgar, Block, and Block2, teaches The method of claim 46.
King teaches wherein the at least one digital feature further includes at least one of the following: a descriptor, a position, an orientation, an amplitude, a frequency, an envelope, a juxtaposition, and a recognized text ([0073] The the at least one digital feature further includes at least one of the following detection component 330 may be part of or integrated with the capture component 310 (such as a component that identifies text within images captured by an imaging component), may be a a position proximity sensor that measures distances between the capture device 300 and objects (documents, billboards, etc.) around the device, may be an an orientation orientation sensor that measures the orientation (angle of inclination with respect to the x, y, or z axes, and so on), of the capture device 300, and so on.; [0239] In some examples, the system processes captured information by first identifying the presence of information of interest to be recognized, such as text or speech, extracting features corresponding to the location of the information of interest within the captured information, such as the position of words, lines, paragraphs, columns, etc. within a page or the a frequency frequency range for a specific speaker within a crowd, and recognizing characteristics of the information of interest, such as the layout of text within a rendered document or the a recognized text identification of Unicode characters corresponding to recognized letters within a rendered document, in order to, for example, identify the source of the captured image or generate and display a markup layer over the captured image.).
King, Schloter, Yadgar, Block, and Block2 are combinable for the same rationale as set forth above with respect to claim 46.
Regarding claim 59, King, as modified by Schloter, Yadgar, Block, and Block2, teaches The method of claim 46.
Block teaches wherein the instantiated virtual assistant is associated with a transaction ([Col. 4, Lines 40-46] The instantiated virtual assistant welcome terminal may be operative to provide outputs that prompt the banking customer to provide inputs to the terminal that indicate what banking transactions the banking customer would like to perform. In the exemplary embodiment the terminal operates to cause the availability of the banking resources corresponding to the requested associated with a transaction customer transaction or transactions to be determined.).
King, Schloter, Yadgar, Block, and Block2 are combinable for the same rationale as set forth above with respect to claim 46.
Regarding claim 60, King, as modified by Schloter, Yadgar, Block, and Block2, teaches The method of claim 59.
Block teaches wherein the transaction comprises a transfer to at least one account ([Col. 52, Lines 4-8] The customer may have a live or virtual teller assist them in any desired kind of banking transaction transaction, such as withdrawing or depositing money, comprises a transfer to at least one account transferring money between accounts, issuing money orders, depositing checks, filling out a loan application, and the like.).
King, Schloter, Yadgar, Block, and Block2 are combinable for the same rationale as set forth above with respect to claim 46.
Regarding claim 61, King, as modified by Schloter, Yadgar, Block, and Block2, teaches The method of claim 59.
Block teaches wherein the transaction relates to at least two accounts ([Col. 52, Lines 4-8] The customer may have a live or virtual teller assist them in any desired kind of banking transaction transaction, such as withdrawing or depositing money, relates to at least two accounts transferring money between accounts, issuing money orders, depositing checks, filling out a loan application, and the like.).
King, Schloter, Yadgar, Block, and Block2 are combinable for the same rationale as set forth above with respect to claim 46.
Regarding claim 62, King, as modified by Schloter, Yadgar, Block, and Block2, teaches The method of claim 46.
Block teaches wherein the instantiated virtual assistant comprises a virtual teller ([Col. 4, Lines 40-46] The instantiated virtual assistant welcome terminal may be operative to provide outputs that prompt the banking customer to provide inputs to the terminal that indicate what banking transactions the banking customer would like to perform. In the exemplary embodiment the terminal operates to cause the availability of the banking resources corresponding to the requested customer transaction or transactions to be determined.; [Col. 52, Lines 4-8] The customer may have a live or comprises a virtual teller virtual teller assist them in any desired kind of banking transaction, such as withdrawing or depositing money, transferring money between accounts, issuing money orders, depositing checks, filling out a loan application, and the like.).
King, Schloter, Yadgar, Block, and Block2 are combinable for the same rationale as set forth above with respect to claim 46.
Claims 47-48, 51, 54, 58 are rejected under 35 U.S.C. 103 as being unpatentable over King, in view of Schloter, Yadgar, Block, Block2, and further in view of Gruber et al. (U.S. Pre-Grant Publication No. 2012/0016678, hereinafter ‘Gruber').
Regarding claim 47, King, as modified by Schloter, Yadgar, Block, and Block2, teaches The method of claim 46.
King, as modified by Schloter, Yadgar, Block, and Block2, fails to teach wherein the mobile device comprises a cell phone.
Gruber teaches wherein the mobile device comprises a cell phone ([1024] Examples of electronic devices that may be used for implementing the invention include: a cell phone mobile phone, personal digital assistant, smartphone, kiosk, desktop computer, laptop computer, tablet computer, consumer electronic device, consumer entertainment device; music player; camera; television; set-top box; electronic gaming unit; or the like.).
King, Schloter, Yadgar, Block, Block2, and Gruber are considered to be analogous to the claimed invention because they are in the same field of machine learning. In view of the teachings of King, Schloter, Yadgar, Block, and Block2, it would have been obvious for a person of ordinary skill in the art to apply the teachings of Gruber to King before the effective filing date of the claimed invention in order to implement the invention (cf. Gruber, [1024] Examples of electronic devices that may be used for implementing the invention include: a mobile phone, personal digital assistant, smartphone, kiosk, desktop computer, laptop computer, tablet computer, consumer electronic device, consumer entertainment device; music player; camera; television; set-top box; electronic gaming unit; or the like.).
Regarding claim 48, King, as modified by Schloter, Yadgar, Block, and Block2, teaches The method of claim 46.
King, as modified by Schloter, Yadgar, Block, and Block2, fails to teach wherein the mobile device comprises a gaming device.
Gruber teaches wherein the mobile device comprises a gaming device ([1024] Examples of electronic devices that may be used for implementing the invention include: a mobile phone, personal digital assistant, smartphone, kiosk, desktop computer, laptop computer, tablet computer, consumer electronic device, consumer entertainment device; music player; camera; television; set-top box; gaming device electronic gaming unit; or the like.).
King, Schloter, Yadgar, Block, Block2, and Gruber are combinable for the same rationale as set forth above with respect to claim 47.
Regarding claim 51, King, as modified by Schloter, Yadgar, Block, and Block2, teaches The method of claim 50.
King, as modified by Schloter, Yadgar, Block, and Block2, fails to teach wherein the audio data comprises audio instructions to the virtual assistant.
Gruber teaches wherein the audio data comprises audio instructions to the virtual assistant ([0139] Examples of different types of input data/information which may be accessed and/or audio instructions to the virtual assistant utilized by intelligent automated assistant 1002 may include, but are not limited to, one or more of the following (or combinations thereof): audio data comprises audio instructions Voice input: from mobile devices such as mobile telephones and tablets, computers with microphones, Bluetooth headsets, automobile voice control systems, over the telephone system, recordings on answering services, audio voicemail on integrated messaging services, consumer applications with voice input such as clock radios, telephone station, home entertainment control systems, and game consoles.; [0012] The intelligent automated assistant of the present invention can thereby interpret instructions such as audio instructions to the virtual assistant “send him a text message”, wherein the “him” is interpreted according to context information derived from a current phone call, and/or from any feature, operation, or application on the device.).
King, Schloter, Yadgar, Block, Block2, and Gruber are combinable for the same rationale as set forth above with respect to claim 47.
Regarding claim 54, King, as modified by Schloter, Yadgar, Block, and Block2, teaches The method of claim 46.
King, as modified by Schloter, Yadgar, Block, and Block2, fails to teach wherein the at least one query criterion further includes at least one of the following types of information: time information, weather information, and user preference information.
Gruber teaches wherein the at least one query criterion further includes at least one of the following types of information: time information, weather information, and user preference information ([0127] The application of personal information and personal interaction history in the interpretation and execution of user requests. Unlike conventional search engines or question answering services, the one query criterion further includes at least one of the following types of information embodiments described herein use information from personal interaction history (e.g., dialog history, previous selections from results, and the like), personal physical context (e.g., user's location and time information time), and personal information gathered in the context of interaction (e.g., name, email addresses, physical addresses, phone numbers, account numbers, preferences, and the like). Using these sources of information enables, for example, better interpretation of user input (e.g., using personal history and physical context when interpreting language); more user preference information personalized results (e.g., that bias toward preferences or recent selections); improved efficiency for the user (e.g., by automating steps involving the signing up to services or filling out forms).).
King, Schloter, Yadgar, Block, Block2, and Gruber are combinable for the same rationale as set forth above with respect to claim 47.
Regarding claim 58, King, as modified by Schloter, Yadgar, Block, and Block2, teaches The method of claim 46.
King, as modified by Schloter, Yadgar, Block, and Block2, fails to teach further comprising refining the set of assistant attributes based on input from the user.
Gruber teaches further comprising refining the set of assistant attributes based on input from the user ([0127] Active input elicitation, in which assistant 1002 actively guides and refining the set of assistant attributes based on input from the user constrains the input from the user, based on the same models and information used to interpret their input. For example, assistant 1002 may apply dialog models to suggest next steps in a dialog with the user in which they are refining a request; offer completions to partially typed input based on domain and context specific possibilities; or use semantic interpretation to select from among ambiguous interpretations of speech as text or text as intent.).
King, Schloter, Yadgar, Block, Block2, and Gruber are combinable for the same rationale as set forth above with respect to claim 47.
Claims 55-56 are rejected under 35 U.S.C. 103 as being unpatentable over King, in view of Schloter, Yadgar, Block, Block2, and further in view of Brazier et al. (U.S. Pre-Grant Publication No. 2013/0054684, hereinafter ‘Brazier').
Regarding claim 55, King, as modified by Schloter, Yadgar, Block, and Block2, teaches The method of claim 46.
King, as modified by Schloter, Yadgar, Block, and Block2, fails to teach wherein instantiating the virtual assistant includes instantiating a virtual machine on the mobile device.
Brazier teaches wherein instantiating the virtual assistant includes instantiating a virtual machine on the mobile device ([0077] Data requests may be passed from front-end services to secondary services for processing, such as CTI server 505, SIP server 503, or callback application server 510, each of which may translate incoming request data for interaction with a plurality of computer services, such as campaign manager 511 which may manage information about requesters such as when or why an interaction should take place between two resources, interaction manager 512 which may handle matching, distribution, and queuing of interactions with a plurality of processing parties such as agents, chatbots, or instantiating the virtual assistant other virtual assistants or adding a request to a callback queue if a selected resource is busy, rules engine 513 which may receive incoming requests and apply predetermined or configurable rules to determine possible actions, such as when a callback is to be performed, to what available contact method a callback should be made, what to do if a callback attempt fails, how to prioritize a callback in a queue, or other relevant actions, operational analysis engine 514 which may work in conjunction with an intent analyzer 515 for the purpose of handling decision-making logic such as selecting and assigning resources to handle callback requests, such that callbacks will be handled by the most relevant and capable available resource.; [0059] According to specific embodiments, at least some of the features or functionalities of the various embodiments disclosed herein may be implemented on one or more general-purpose computers associated with one or more networks, such as for example an end-user computer system, a client computer, a network server or other server system, a on the mobile device mobile computing device (e.g., tablet computing device, mobile phone, smartphone, laptop, and the like), a consumer electronic device, a music player, or any other suitable electronic device, router, switch, or the like, or any combination thereof. In at least some embodiments, at least some of the features or functionalities of the various embodiments disclosed herein may be implemented in one or more virtualized computing environments (e.g., network computing clouds, instantiating a virtual machine virtual machines hosted on one or more physical computing machines, or the like).).
King, Schloter, Yadgar, Block, Block2, and Brazier are considered to be analogous to the claimed invention because they are in the same field of machine learning. In view of the teachings of King, Schloter, Yadgar, Block, and Block2,, it would have been obvious for a person of ordinary skill in the art to apply the teachings of Brazier to King before the effective filing date of the claimed invention in order to implement some features or functionalities of some embodiments of the invention (cf. Brazier, [0059] In at least some embodiments, at least some of the features or functionalities of the various embodiments disclosed herein may be implemented in one or more virtualized computing environments (e.g., network computing clouds, virtual machines hosted on one or more physical computing machines, or the like).).
Regarding claim 56, King, as modified by Schloter, Yadgar, Block, Block2, and Brazier, teaches The method of claim 55.
Brazier teaches wherein the virtual machine is under control of a remote entity other than the user ([0059] In at least some embodiments, at least some of the features or functionalities of the various embodiments disclosed herein may be under control of a remote entity other than the user implemented in one or more virtualized computing environments (e.g., network computing clouds, virtual machine virtual machines hosted on one or more physical computing machines, or the like).).
King, Schloter, Yadgar, Block, Block2, and Brazier are combinable for the same rationale as set forth above with respect to claim 55.
Claim 57 is rejected under 35 U.S.C. 103 as being unpatentable over King, in view of Schloter, Yadgar, Block, Block2, and further in view of Thomson (U.S. Pre-Grant Publication No. 2014/0164476).
Regarding claim 57, King, as modified by Schloter, Yadgar, Block, and Block2, teaches The method of claim 46.
King, as modified by Schloter, Yadgar, Block, and Block2, fails to teach wherein the instantiated virtual assistant comprises a mechanical turk interface.
Thomson teaches wherein the instantiated virtual assistant comprises a mechanical turk interface ([0011] The subject disclosure describes, among other things, illustrative embodiments of a system that provides instantiated virtual assistant virtual assistant services based on directing user requests to a farm of software experts (e.g., content service modules), which can be written by various developers that are related or unrelated. In one or more embodiments, multiple experts embodied in software and/or hardware may respond to each user request, and the system can include a process for selecting the best or desired response, such as based in whole or in part on user feedback.; [0080] Special experts can be deployed that use a list of canned requests, each paired with a canned answer. Answers typed or otherwise provided by volunteers, paid writers, crowdsourcing workers such as Amazon mechanical turk interface mechanical Turks, and/or other vendors can be made available, such as provisioning of the client 110 and/or the dialog federator 125.).
King, Schloter, Yadgar, Block, Block2, and Thomson are considered to be analogous to the claimed invention because they are in the same field of machine learning. In view of the teachings of King, Schloter, Yadgar, Block, and Block2, it would have been obvious for a person of ordinary skill in the art to apply the teachings of Thomson to King before the effective filing date of the claimed invention in order to provide answers to requests (cf. Thomson, [0080] Special experts can be deployed that use a list of canned requests, each paired with a canned answer. Answers typed or otherwise provided by volunteers, paid writers, crowdsourcing workers such as Amazon mechanical Turks, and/or other vendors can be made available, such as provisioning of the client 110 and/or the dialog federator 125.).
Claim 63 is rejected under 35 U.S.C. 103 as being unpatentable over King, in view of Schloter, Yadgar, Block, Block2, and further in view of Chou et al. (U.S. Patent No. 6771756, hereinafter 'Chou').
Regarding claim 63, King, as modified by Schloter, Yadgar, Block, and Block2, teaches The method of claim 46.
King, as modified by Schloter, Yadgar, Block, and Block2, fails to teach wherein the instantiated virtual assistant comprises a common virtual assistant bound to a group of people associated with the user.
Chou teaches wherein the instantiated virtual assistant comprises a common virtual assistant bound to a group of people associated with the user ([Claim 3.] A system for facilitating communications among a group of people comprising: a gateway services system providing members of the group with communications connections; and a instantiated virtual assistant comprises a common virtual assistant virtual assistant server connected to the gateway services system and including a priority connect service subsystem for bound to a group of people associated with the user connecting a user to another member of the group).
King, Schloter, Yadgar, Block, Block2, and Chou are considered to be analogous to the claimed invention because they are in the same field of machine learning. In view of the teachings of King, Schloter, Yadgar, Block, and Block2, it would have been obvious for a person of ordinary skill in the art to apply the teachings of Chou to King before the effective filing date of the claimed invention in order to facilitate communications among a group of people (cf. Chou, ([Claim 3.] A system for facilitating communications among a group of people comprising: a gateway services system providing members of the group with communications connections; and a virtual assistant server connected to the gateway services system and including a priority connect service subsystem for connecting a user to another member of the group).
Claims 64-65 are rejected under 35 U.S.C. 103 as being unpatentable over King, in view of Schloter, Yadgar, Block, Block2, and further in view of Scott et al. (U.S. Pre-Grant Publication No. 2004/0009812, hereinafter ‘Scott').
Regarding claim 64, King, as modified by Schloter, Yadgar, Block, and Block2, teaches The method of claim 46.
King, as modified by Schloter, Yadgar, Block, and Block2, fails to teach wherein the instantiated virtual assistant comprises a virtual companion.
Scott teaches wherein the instantiated virtual assistant comprises a virtual companion ([0052] The visual display of the machine 10 provides the player with an option to create a instantiated virtual assistant virtual assistant in human form with gender, appearance, age, characteristics, personality, attire, needs, and/or other factors and/or requirements to be selected by the player. This option allows the player to create comprises a virtual companion virtual girlfriends, wives, boyfriends, husbands, servants, children, etc. This display option can be compatible with and exportable to current software, personal computers, and/or website applications.).
King, Schloter, Yadgar, Block, Block2, and Scott are considered to be analogous to the claimed invention because they are in the same field of machine learning. In view of the teachings of King, Schloter, Yadgar, Block, and Block2, it would have been obvious for a person of ordinary skill in the art to apply the teachings of Scott to King before the effective filing date of the claimed invention in order to create a virtual assistant in human form (cf. Scott, [0052] The visual display of the machine 10 provides the player with an option to create a virtual assistant in human form with gender, appearance, age, characteristics, personality, attire, needs, and/or other factors and/or requirements to be selected by the player. This option allows the player to create virtual girlfriends, wives, boyfriends, husbands, servants, children, etc. This display option can be compatible with and exportable to current software, personal computers, and/or website applications.).
Regarding claim 65, King, as modified by Schloter, Yadgar, Block, and Block2, teaches The method of claim 46.
King, as modified by Schloter, Yadgar, Block, and Block2, fails to teach wherein the instantiated virtual assistant comprises a virtual pet.
Scott teaches wherein the instantiated virtual assistant comprises a virtual pet ([0050] In one embodiment, the machine 10 offers an option to create an instantiated virtual assistant comprises a virtual pet assistant and/or pet. The visual display includes entries to customize the virtual assistant and/or pet by name, appearance, species, breed of species, color and/or markings, personality traits and/or other characteristics. The display also provides options related to maintenance and training of the virtual assistant and/or pet. The machine 10 can offer this option to the player based on accumulation of player rewards, player card activation, or other criteria.).
King, Schloter, Yadgar, Block, Block2, and Scott are considered to be analogous to the claimed invention because they are in the same field of machine learning. In view of the teachings of King, Schloter, Yadgar, Block, and Block2, it would have been obvious for a person of ordinary skill in the art to apply the teachings of Scott to King before the effective filing date of the claimed invention in order to customize the virtual assistant (cf. Scott, [0050] In one embodiment, the machine 10 offers an option to create an assistant and/or pet. The visual display includes entries to customize the virtual assistant and/or pet by name, appearance, species, breed of species, color and/or markings, personality traits and/or other characteristics. The display also provides options related to maintenance and training of the virtual assistant and/or pet. The machine 10 can offer this option to the player based on accumulation of player rewards, player card activation, or other criteria.).
Claim 66 is rejected under 35 U.S.C. 103 as being unpatentable over King, in view of Schloter, Yadgar, Block, Block2, and further in view of Brown et al. (U.S. Pre-Grant Publication No. 2014/0245140, hereinafter ‘Brown').
Regarding claim 66, King, as modified by Schloter, Yadgar, Block, and Block2, teaches The method of claim 46.
King, as modified by Schloter, Yadgar, Block, and Block2, fails to teach wherein the instantiated virtual assistant comprises an avatar.
Brown teaches wherein the instantiated virtual assistant comprises an avatar ([0075] In some instances, the instantiated virtual assistant virtual assistant 114 may embody a human-like persona. For example, the virtual assistant 114 may be represented by an image or comprises an avatar avatar that is displayed on the smart device 102.).
King, Schloter, Yadgar, Block, Block2, and Brown are considered to be analogous to the claimed invention because they are in the same field of machine learning. In view of the teachings of King, Schloter, Yadgar, Block, and Block2, it would have been obvious for a person of ordinary skill in the art to apply the teachings of Brown to King before the effective filing date of the claimed invention in order for the virtual assistant to embody a human-like persona (cf. Brown, [0075] In some instances, the virtual assistant 114 may embody a human-like persona. For example, the virtual assistant 114 may be represented by an image or avatar that is displayed on the smart device 102.).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Prather et al. (U.S. Pre-Grant Publication No. 20120142403) teaches an electronic fund transfer (EFT) system for managing and transferring electronic funds from a user's financial account to a credit system includes a credit system configured to dispense credit to a user via physical or electronic credit means, an electronic fund transfer (EFT) device, a secure payment gateway configured to connect to the user's financial accounts via a financial asynchronous transfer mode (ATM) network, a host system connected to the credit system via a local network, a funds management portal connected to the host system and the secure payment gateway, and means for transferring electronic funds from the user's financial account to the credit system via the secure payment gateway.
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/MM/Examiner, Art Unit 2129
/MICHAEL J HUNTLEY/Supervisory Patent Examiner, Art Unit 2129