DETAILED 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 Amendment
The amendment filed 05/29/26 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
[9] updating the performance metric of at least one selected content item, including the selected word or phrase, based on information determined from monitoring the activities of the one or more user devices, wherein updating the performance metric of the at least one selected content item comprises updating the performance metric as determined for the messaging-based communication channel used to transmit the corresponding input communication.
The examiner has scanned through paragraphs with “updating the performance metric” feature, i.e., [0047], [0048], [0049], [0072] and [0083], but could not find the support for the amended feature. Applicant is required to cancel the new matter in the reply to this Office Action.
1) Independent claims: 1 and 11.
2) Dependent claims: none.
3) Canceled claim: 8.
Claim Status
Claims 1-7 and 9-15 are pending. They comprise of 2 independent groups:
(1) System1: 1-7 and 9-10, and
(2) Article1: 11-15.
As of 05/29/2026, claim 1 is as followed:
(Currently Amended) A network computer system comprising:
[I] one or more processors;
[II] a memory to store a set of instructions;
wherein the one or more processors execute the set of instructions to perform operations that comprise:
[1] storing each content item of a collection of content items in a channel- neutral format that allows for the content item to be used in any one of a plurality of messaging-based communication channels, each content item of the collection being associated with a metadata set that includes (i) a set of categories that are indicative of a set of characteristics of the content item, and (ii) a performance metric that is indicative of a likelihood that a user will have a desired response to consuming the content item via a respective messaging-based communication channel of the plurality of messaging-based communication channels;
[2] receiving, over one or more networks, a plurality of input communications transmitted from a plurality of user devices using a-the plurality of messaging-based communication channels, each messaging- based communication channel of the plurality of messaging-based communication channels being associated with a corresponding format, and each input communication of the plurality of input communications having the corresponding format of the messaging-based communication channel used to transmit the input communication;
[3] transmitting a plurality of replies to the plurality of user devices, each reply being transmitted in response to a respective user device of the plurality of user devices transmitting a corresponding input communication of the plurality of input communications, each reply being transmitted using the same messaging-based communication channel of the respective input communication and the corresponding format;
wherein transmitting the plurality of replies includes:
[4] based on the corresponding input communication, determining a set of input parameters indicating each of a categorical designation and a context of the input communication, the context including the messaging-based communication channel used to transmit the corresponding input communication;
[5] selecting, from the stored collection of content items, one or more content items of the collection based at least in part on (i) the set of input parameters, (ii) the set of categories associated with each content item of the collection, and (iii) the performance metric associated with each content item of the collection as determined for the messaging-based communication channel used to transmit the corresponding input communication;
[6] assembling a reply to the input communication based on the selected one or more content items, wherein assembling the reply includes (i) combining at least a word or phrase of the one or more selected content items with a message reply template selected from a plurality of message reply templates and (b) the messaging-based communication channel used to transmit the corresponding input communication, and (ii) structuring the reply, including the one or more content items stored in the channel-neutral format, to have the corresponding format of the corresponding messaging-based communication channel used to transmit the corresponding input communication;
[7] transmitting, over the one or more networks, the reply to the user device using the corresponding messaging-based communication channel used to transmit the corresponding input communication;
[8] subsequent to transmitting the plurality of replies to the plurality of user devices, monitoring for activities of the one or more user devices; and
[9] updating the performance metric of at least one selected content item, including the selected word or phrase, based on information determined from monitoring the activities of the one or more user devices, wherein updating the performance metric of the at least one selected content item comprises updating the performance metric as determined for the messaging-based communication channel used to transmit the corresponding input communication.
Note: for referential purpose, numerals [1]-[9], are added to the beginning of each step.
Claim Rejections - 35 USC § 112
Claims 1-7 and 9-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
1) In independent claims 1 and 11, the last step [9] of “updating the performance metric of at least one content item,..” is vague because it’s not clear how the updated performance metric is determined by “for the messaging-based communication channel used to transmit the corresponding input communication.”
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) 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.
On October 10, 2007, the Patent Office issued the "Examination Guidelines for Determining Obviousness Under 35 U.S.C. 103 in View of the Supreme Court Decision in KSR International Co. v. Teleflex Inc.," 73 Fed. Reg. 57,526 (2007) (hereinafter the Examination Guidelines). Section III is entitled "Rationales to support rejections under 35 U.S.C. 103." Within this section is the following quote from the Supreme Court: "rejections on obviousness grounds cannot be sustained by merely conclusory statements; instead there must be some articulated reasoning with some rational underpinning to support the legal conclusion of obviousness." KSR Int'l Co. v. Teleflex Inc., 127 S. Ct. 1727, 1741 (2007) (quoting In re Kahn, 441 F.3d 977, 988 (Fed. Cir. 2006)).
Under the Examination Guidelines, the following is a list of rationales that may be used to support a finding of obviousness under 35 U.S.C. § 103:
(a) combining prior art elements according to known methods to yield predictable results;
(b) simple substitution of one known element for another to obtain predictable results;
(c) Use of known technique to improve similar devices (methods, or products) in the same way;
(d) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results;
(e) "Obvious to try" choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success;
(f) Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations would have been predictable to one of ordinary skill in the art; and
(g) Some teaching, suggestion, or motivation (TSM) in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention.
Each rationale is resolved using the Graham factual inquiries.
Claims 1-7, 9-10 (system) and 11-16 (article1) are rejected under 35 pre-AIA U.S.C. 103(a) as being un-patentable over:
Name Publication
(1) SHIVAKUMAR US 2015/0.081.611, and
(2) AUDET US 2009/0.055.726, and
(3) BLAKELY US 2014/0.114.706, and
(4) AGARWAL ET AL. US 2022/0.120.208.
As for independent claims 1 (system) and respective 11 (article), SHIVAKUMAR discloses a network computer system comprising:
[I] one or more processors;
[II] a memory to store a set of instructions;
wherein the one or more processors execute the set of instructions to perform operations that comprise:
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[1] storing a collection of content items, each content item of the collection being associated with a metadata set that includes
(i) a set of categories that are indicative of a set of characteristics of the content item, and
{see [0030 On the request from the user contents received are fed in the step 201 to the learning module 109. Content fed to the learning module 109 is analyzed and categorized in step 202..}}
{[0031 … user’s prior knowledge data, and user’s preferences, about the content type and the presentation type and format, …, is stored on the memory for further usage.]}
{[0032 Content analyzed and categorized in step 202 is further mapped to the user’s knowledge level and user’s preferences about the content type, presentation type and format,…]}
(ii) a performance indicator that is indicative of a likelihood that a user will have a desired response to consuming the content item;
{[0033 …monitoring the user’s behavior during the personalized content presentation. The user’s activities monitored … comprise the click events, download events, usability analysis, reading time, and scroll data among many other behavioral aspects of user. ]}
Any of the user’s behavior (responses or activities) to the content is considered as performance indicator such as click events, download events, etc.
[2] receiving, over one or more networks, a plurality of input communications transmitted from a plurality of user devices using a plurality of messaging-based communication channels, each messaging-based communication channel of the plurality of messaging-based communication channels being associated with a corresponding format, and each input communication of the plurality of input communications having the corresponding format of the messaging-based communication channel used to transmit the input communication;
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{see Fig. 1 which deals with the type and communication channel of the user, and
[0030 On the request from the user contents received are fed in the step 201 to the learning module 109. Content fed to the learning module 109 is analyzed and categorized in step 202..],
[0032 Content analyzed and categorized in step 202 is further mapped to the user’s knowledge level and user’s preferences about the content type, presentation type and format,…]}
[3] transmitting a plurality of replies to the plurality of user devices, each reply being transmitted in response to a respective user device of the plurality of user devices transmitting a corresponding input communication of the plurality of input communications, each reply being transmitted using the same messaging-based communication channel of the respective input communication and the corresponding format;
wherein transmitting the plurality of replies includes:
based on the corresponding input communication,
[4] determining a set of input parameters based on the input communication; the set of input parameters indicating each of a categorical designation and a context of the input communication;
{see [0030 On the request from the user contents received are fed in the step 201 to the learning module 109. Content fed to the learning module 109 is analyzed and categorized in step 202..}}
[0032 … In step 207, the personalized content is transformed into user preferred presentation type and format and … for delivering to the user.],
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{see Fig. 2, step 207 “processing content into preferred / best chose presentation type and formats”}
[5] selecting, from the stored collection of content items, one or more content items of the collection based at least in part on the set of input parameters, the set of categories associated with each content item of the collection, and the performance metric associated with each content item of the collection;
{[0030 On the request from the user contents received are fed in the step 201 to the learning module 109. Content fed to the learning module 109 is analyzed and categorized in step 202..},
[0032 Content analyzed and categorized in step 202 is further mapped to the user’s knowledge level and user’s preferences about the content type, presentation type and format,…]}
[6] assembling a reply to the input communication based on the selected one or more content items, wherein assembling the reply includes
(i) combining at least a word or phrase of the one or more selected content items with a message reply template that is selected based on the context of the input communication, and
(ii) structuring the reply, including the one or more content items, to have the corresponding format of the corresponding messaging-based communication channel used to transmit the corresponding input communication;
{see Fig. 2, 207 “Processing content into preferred presentation type and formula” and respective
[0032 … In step 207, the personalized content is transformed into user preferred presentation type and format and … for delivering to the user.],
[0036 …Semantic analyzer 302 … which processes the words in a given context to extract the “meaning or core concept” of the content feed. Based on the concepts extracted, ...],
[0038 Pattern analyzer 307 …analyzes the patterns, trends, arrays, series, and other similar aspects from the content feed 301...Theme analyzer 308 is another component of NLP that identifies the central theme of the subject matter from the content feed 301”].
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Fig. 6 teaches the content presentation module using various reply templates.
In view of the teachings assembling a reply communication based on “Theme analyzer” or “semantic analyzer,” the selection of content including a word or phrase for assembly of a reply or delivering communication to the user based on user’s preference and communication format and template would have been obvious. The feature of “user preferred presentation type and format” would inherently includes the user’s desired template.
[7] transmitting, over the one or more networks, the reply to the user device using the corresponding messaging-based communication channel used to transmit the corresponding input communication;
{see Fig. 2, step 208 “Presenting content to the user in a preferred language and preferred layout”,
[0032 … In step 207, the personalized content is transformed into user preferred presentation type and format and … for delivering to the user.]}
[8] subsequent to transmitting the plurality of replies to the plurality of user devices, monitoring for activities of the one or more user devices; and
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{see Fig. 2, step 209 “Monitoring user’s activities, collecting feedback”,
[0032 … In step 207, the personalized content is transformed into user preferred presentation type and format and … for delivering to the user.],
[0033 …monitoring the user’s behavior during the personalized content presentation. The user’s activities monitored … comprise the click events, download events, usability analysis, reading time, and scroll data among many other behavioral aspects of user. ]
SHIVAKUMAR fairly teaches the claimed invention except for (1) storing content in a neutral format, (2) assembling a reply using a message reply template selected from a plurality of message reply template, and (3) updating the performance metric.
In a similar content management system, AUDET teaches the difficulty and inefficiency of storing information from numerous sources and provides a unified data storage format (neutral channel) for handling the numerous sources of data, see [0007] and [0021].
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Therefore, it would have been obvious to a person having ordinary skill in the art (PHOSITA) before the effective filing date of the claimed invention to application was filed to modify the data storage system of SHIVAKUMAR by using a unified data storage system as taught by AUDET for handling data of numerous sources, see [0007] and [0021]. It would have been obvious to use the term “unified” as “central” since they both have the same meaning and function. Also, it would have been obvious to call the term “system” as “channel” for data storage and retrieval since they both have the same function.
SHIVAKUMAR /AUDET fairly teaches the claimed invention except for (2) assembling a reply using a message reply template selected from a plurality of message reply template, and (3) updating the performance metric.
In a system for automated query and response, BLAKELY is cited to teach the assembling a reply using a message reply template selected from a plurality of message reply template, see [0151]-[0152], Fig. 17 and Fig. 18.
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Therefore, it would have been obvious to a person having ordinary skill in the art (PHOSITA) before the effective filing date of the claimed invention to application was filed to modify the data storage system of SHIVAKUMAR by assembling a reply using a message reply template selected from a plurality of message reply template as taught by BLAKELY for automatic replay of the received context, as shown in Figs. 17-18, and respective [0151-0152].
SHIVAKUMAR /AUDET/BLAKELY fairly teaches the claimed invention except for (3) updating the performance metric.
In a similar content management system, AGARWAL ET AL. is cited the use of a performance metric as an indicator that a user will have a response to consuming the content item and step of updating the performance metric of the content item based on information determined from monitoring the activities of the corresponding user, i.e. a user engagement with an advertisement, see [0035].
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Therefore, it would have been obvious to a person having ordinary skill in the art (PHOSITA) before the effective filing date of the claimed invention to application was filed to modify the system of SHIVAKUMAR by including a performance metric as an indicator that a user will have a response to consuming the content item and step of updating the performance metric of the content item based on information determined from monitoring the activities of the corresponding user as taught by AGARWAL ET AL. for effective content management. Rationale G (TSM), combine. The updating of the performance metric would inherently include the monitored content such as selected word or phrase. Alternatively, it would have been obvious to include other performance metric features such as selected word or phrase used in the reply communication features.
In [0033], and Fig. 2, step 209, “Monitoring user’s activities, collecting feedback.”, SHIVAKUMAR teaches the monitoring the user’s behavior during the interaction and collecting feedback, it would have been obvious to apply the same concept in AGARWAL et al. to obtain feedback with respect to the user’s engagement with the advertising subsequent to the transmission of the reply to the user device. Furthermore, in view of AUDET’s teaching of providing a unified data storage format (neutral channel) for handling the numerous sources of data above, it would have been obvious that the updating of the performance metric is determined from the message-based communication based on the unified system/channel for transmitting of information.
Regarding dep. claim 2 (part of 1 above) and respective dep. claim 12 (part of 11 above), which deals with further features of the monitored user activities, received feedback and updating the performance metric, this is taught in SHIVAKUMAR Fig. 2, step 209, “Monitoring user’s activities, collecting feedback” and AGARWAL ET AL. [0035] for the updating of the performance metric features.
Regarding dep. claim 3 (part of 1 above) and respective dep. claim 13 (part of 11 above), which deals with further features of the monitored user activities, performed actions correlative to an effectiveness of the content item and updating the performance metric, this is taught in SHIVAKUMAR [0033] and AGARWAL ET AL. [0035] for the performed effective actions updating of the performance metric features.
{[0033 …monitoring the user’s behavior during the personalized content presentation. The user’s activities monitored … comprise the click events, download events, usability analysis, reading time, and scroll data among many other behavioral aspects of user. ]}
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Regarding dep. claim 4 (part of 1 above) and respective dep. claim 14 (part of 11 above), which deals with further features of the monitored user activities, performed actions indicative of an extent of the user’s engagement, this is taught in SHIVAKUMAR [0033].
{[0033 …monitoring the user’s behavior during the personalized content presentation. The user’s activities monitored … comprise the click events, download events, usability analysis, reading time, and scroll data among many other behavioral aspects of user. ]}
By clicking a portion or all of the events, or download some events, the user’s actions show an extent of the user’s engagement.
Regarding dep. claim 5 (part of 1 above) which deals with further features of the monitored user activities, performed actions such as utilize a product or service that is related to the input communication, this is taught in SHIVAKUMAR [0032], Fig. 2, steps 203, 204, 206, 208 and 209.
{[0032 Content analyzed and categorized in step 202 is further mapped to the user’s knowledge level and user’s preferences about the content type, presentation type and format,…]}
Regarding dep. claim 6 (part of 1 above) which deals with further features of the monitored user activities, terminating a session after receiving the reply communication, this is taught in SHIVAKUMAR [0032], Fig. 2, step 209 and 205 which stores the user activities and collected feedback in the memory and completes the reply communication.
Regarding dep. claim 7 (part of 1 above) and respective dep. claim 15 (part of 11 above), which deals with different channels and formats for collecting of content items, this is taught in SHIVAKUMAR Fig. 1, 101, Content Sources, and respective [023] which teaches different channels and formats for collecting of content items.
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Regarding dep. claim 9 (part of 1 above), which deals with selected content parameters, i.e. based on relevancy determination, this is taught in SHIVAKUMAR Fig. 2, and respective [0032] which deals mapping content to the user’s knowledge levels and user’s preferences and requested by the user.
Regarding dep. claim 10 (part of 1 above), which deals with selected content parameters, i.e. based on a channel used to communicate with the corresponding user device, this is inherently taught in SHIVAKUMAR Fig. 2, and respective [0032] which deals mapping content to the user’s preferences and presented to the user at the user device 130 in step 208 which requires a selective channel of communication.
Response to Arguments
Applicant's arguments filed 5/29/26 have been fully considered but they are not persuasive.
101 Rejection: withdrawn due to amendment and arguments with respect to the benefit of “storing the content items in a channel-neutral format” as shown in independent claim 1/11 and specification [0029].
3. 103 Rejection:
Applicant’s comment that SHIVAKUMAR/AGARWAL does not teach the amended features is not persuasive in view of the new citations being cited to teach the amended features as cited above.
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 nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tan "Dean" D NGUYEN whose telephone number is (571)272-6806. The examiner can normally be reached on M-F: 6;30-4:30 PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah M Monfeldt can be reached on 571-270-1833. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TAN D NGUYEN/Primary Examiner, Art Unit 3689
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