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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-19 are rejected under 35 U.S.C 101 because the claimed invention is
directed to an abstract idea without significantly more. The analysis of the claims will
follow the 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50
(“2019 PEG”).
Claim 1
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
Claim 1, recites “A system for reducing network traffic by suppressing communications from a service to client devices associated with user accounts with communication suppression flags, the system comprising: one or more processors; and a non-transitory, computer-readable medium comprising instructions that, when executed by the one or more processors, cause operations comprising:” therefore it is directed to the statutory category of a machine.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites, inter alia:
“processing, using a front-end machine learning model, the data stream to generate a confidence score regarding whether to assign a communication suppression flag to the user account, the front-end machine learning model trained to detect in real time from the data stream an intent of the user to not receive further communications from the service;” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. It is reasonable that a human would be able to process a stream of data, such as a conversation or video stream, and evaluate a user’s intent of the data stream. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
“in response to the confidence score being between a weak confidence threshold and a strong confidence threshold, extracting a portion of the data stream having temporal proximity to a time stamp of the intent of the user to not receive further communications from the service;” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. It would be reasonable for a human to evaluate a portion of a time stamped data stream and evaluate whether a user wants further communication. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
“in response to extracting the portion of the data stream, processing, using a backend machine learning model, the portion of the data stream to generate a prediction regarding whether to assign a communication suppression flag to the user account, the back-end machine learning model trained to detect from the portion of the data stream an intent of the user to not receive further communications from the service; and” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. It is reasonable for a human to evaluate data mentally to make a determination on a user’s intent. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
“in response to the prediction that a communication suppression flag be assigned to the user account, assigning a communication suppression flag to the user account to suppress further communications to the user from the service.” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. It is reasonable for a human to perform a function based on an evaluation, such as noting whether a user wants to be communicated with, with the assistance of a generic computer. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
The claim recites the additional elements, “obtaining, in real time, a data stream for a communication with a user associated with a user account of a service;” is an insignificant extra-solution activity required for any uses of the mental processes (see MPEP § 2106.05(g)) As such, the claim is ineligible.
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea. The additional elements, “obtaining, in real time, a data stream for a communication with a user associated with a user account of a service;” is an insignificant extra-solution activity required for any uses of abstract ideas (see MPEP § 2106.05(g)), and is a well-understood, routine, conventional activity (see MPEP § 2106.05(d)(i); “Receiving or transmitting data over a network, e.g., using the Internet to gather data”.
Taken alone or in combination, the additional elements of the claim do not provide an inventive concept and thus the claim is subject-matter ineligible.
Claim 2
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
A machine, as above.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites the abstract ideas of the preceding claims from which it depends.
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
The claim recites the additional elements, “wherein the instructions cause further operations comprising: in response to the confidence score being between the weak confidence threshold and the strong confidence threshold, retraining the front-end machine learning model based on the prediction from the back-end machine learning model.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea. The additional elements, “wherein the instructions cause further operations comprising: in response to the confidence score being between the weak confidence threshold and the strong confidence threshold, retraining the front-end machine learning model based on the prediction from the back-end machine learning model.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Taken alone or in combination, the additional elements of the claim do not provide an inventive concept and thus the claim is subject-matter ineligible.
Claim 3
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
A machine, as above.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites, inter alia:
“wherein the instructions cause further operations comprising: in response to the confidence score not exceeding the weak confidence threshold: determining that the user account not be assigned a communication suppression flag.” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
This claim does not recite any additional limitations which integrate the abstract idea into a practical application.
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea and thus the claim is subject-matter ineligible.
Claim 4
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
A machine, as above.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites, inter alia:
“in response to the confidence score exceeding the strong confidence threshold: determining that the user account be assigned a communication suppression flag; and” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
The claim recites the additional elements, “generating a notification to an agent of the service indicating that the user has expressed an intent to not receive further communications from the service.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea. The additional elements, “generating a notification to an agent of the service indicating that the user has expressed an intent to not receive further communications from the service.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Taken alone or in combination, the additional elements of the claim do not provide an inventive concept and thus the claim is subject-matter ineligible.
Claim 5
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
A machine, as above.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites, inter alia:
“wherein the instructions cause further operations comprising: obtaining information regarding whether an agent of the service assigned a communication suppression flag to the user account;” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
“comparing the information and the prediction to determine whether they match; and” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
The claim recites the additional elements, “based on the information not matching the prediction, retraining the back-end machine learning model based on the information.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea. The additional elements, “based on the information not matching the prediction, retraining the back-end machine learning model based on the information.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Taken alone or in combination, the additional elements of the claim do not provide an inventive concept and thus the claim is subject-matter ineligible.
Claim 6
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
Claim 6, recites “A method comprising:” therefore it is directed to the statutory category of a process.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites, inter alia:
“processing, using a first machine learning model, the data stream to generate a confidence score regarding whether to assign a communication suppression flag to the user account;” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. It is reasonable that a human would be able to process a stream of data, such as a conversation or video stream, and evaluate a user’s intent of the data stream. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
“based on the confidence score being between a first threshold a second threshold, extracting at least a portion of the data stream having temporal proximity to a time stamp of an intent of the user to not receive further communications from the service;” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. It would be reasonable for a human to evaluate a portion of a time stamped data stream and evaluate whether a user wants further communication. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
“based on extracting the at least a portion of the data stream, processing, using a second machine learning model, the at least a portion of the data stream to generate a prediction regarding whether to assign a communication suppression flag to the user account; and” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. It is reasonable for a human to evaluate data mentally to make a determination on a user’s intent. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
“based on the prediction that a communication suppression flag be assigned to the user account, assigning a communication suppression flag to the user account to suppress further communications to the user from the service.” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. It is reasonable for a human to perform a function based on an evaluation, such as noting whether a user wants to be communicated with, with the assistance of a generic computer. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
The claim recites the additional elements, “obtaining, in real time, a data stream for a communication with a user associated with a user account of a service;” is an insignificant extra-solution activity required for any uses of the mental processes (see MPEP § 2106.05(g)) As such, the claim is ineligible.
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea. The additional elements, “obtaining, in real time, a data stream for a communication with a user associated with a user account of a service;” is an insignificant extra-solution activity required for any uses of abstract ideas (see MPEP § 2106.05(g)), and is a well-understood, routine, conventional activity (see MPEP § 2106.05(d)(i); “Receiving or transmitting data over a network, e.g., using the Internet to gather data”.
Taken alone or in combination, the additional elements of the claim do not provide an inventive concept and thus the claim is subject-matter ineligible.
Claim 7
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
A process, as above.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites the abstract ideas of the preceding claims from which it depends.
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
The claim recites the additional elements, “based on the confidence score being between the first threshold and the second threshold, retraining the first machine learning rnode1 based on the prediction from the second machine learning model.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea. The additional elements, “based on the confidence score being between the first threshold and the second threshold, retraining the first machine learning rnode1 based on the prediction from the second machine learning model.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Taken alone or in combination, the additional elements of the claim do not provide an inventive concept and thus the claim is subject-matter ineligible.
Claim 8
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
A process, as above.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites, inter alia:
“based on the confidence score not exceeding the first threshold, determining that the user account not be assigned a communication suppression flag.” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
This claim does not recite any additional limitations which integrate the abstract idea into a practical application.
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea and thus the claim is subject-matter ineligible.
Claim 9
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
A process, as above.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites, inter alia:
“based on the confidence score exceeding the second threshold: determining that the user account be assigned a communication suppression flag; and” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
The claim recites the additional elements, “generating a notification lo an agent of the service indicating that the user has expressed an intent to not receive further communications from the service.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea. The additional elements, “generating a notification lo an agent of the service indicating that the user has expressed an intent to not receive further communications from the service.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Taken alone or in combination, the additional elements of the claim do not provide an inventive concept and thus the claim is subject-matter ineligible.
Claim 10
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
A process, as above.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites, inter alia:
“obtaining information regarding whether an agent of the service assigned a communication suppression flag to the user account;” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
“comparing the information and the prediction to determine whether they match; and” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
The claim recites the additional elements, “based on the information not matching the prediction, retraining the second machine learning model based on the information.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea. The additional elements, “based on the information not matching the prediction, retraining the second machine learning model based on the information.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Taken alone or in combination, the additional elements of the claim do not provide an inventive concept and thus the claim is subject-matter ineligible.
Claim 11
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
A process, as above.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites, inter alia:
“wherein the first machine learning model comprises an ensemble of models, each model trained to predict a different intent of the user, and wherein generating the confidence score regarding whether the user account be assigned a communication suppression flag comprises: identifying a model in the ensemble configured to predict whether the user has expressed an intent to not receive further communications from the service; and” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
“generating the confidence score based on the model's prediction.” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
This claim does not recite any additional limitations which integrate the abstract idea into a practical application.
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea and thus the claim is subject-matter ineligible.
Claim 12
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
A process, as above.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites, inter alia:
“wherein the first machine learning model comprises a neural network, the neural network trained to predict an intent of the user from a plurality of intents, and wherein generating the confidence score regarding whether the user account be assigned a communication suppression flag comprises: identifying one or more nodes in a hidden layer of the neural network related to an intent to not receive further communication from the service; and” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
“generating the confidence score based on values associated with the one or more nodes.” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
This claim does not recite any additional limitations which integrate the abstract idea into a practical application.
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea and thus the claim is subject-matter ineligible.
Claim 13
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
Claim 13, recites “A non-transitory, computer-readable medium comprising instructions that, when executed by one or more processors, cause operations comprising:” therefore it is directed to the statutory category of a machine.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites, inter alia:
“processing, using a first machine learning model, the data stream to generate a confidence score regarding whether to assign a communication suppression flag to the user account;” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. It is reasonable that a human would be able to process a stream of data, such as a conversation or video stream, and evaluate a user’s intent of the data stream. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
“based on the confidence score being between a first threshold a second threshold, extracting at least a portion of the data stream having temporal proximity to a time stamp of an intent of the user to not receive further communications from the service;” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. It would be reasonable for a human to evaluate a portion of a time stamped data stream and evaluate whether a user wants further communication. The limitation is merely applying
“based on extracting the at least a portion of the data stream, processing, using a second machine learning model, the at least a portion of the data stream to generate a prediction regarding whether to assign a communication suppression flag to the user account; and” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. It is reasonable for a human to evaluate data mentally to make a determination on a user’s intent. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
“based on the prediction that a communication suppression flag be assigned to the user account, assigning a communication suppression flag to the user account to suppress further communications to the user from the service.” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. It is reasonable for a human to perform a function based on an evaluation, such as noting whether a user wants to be communicated with, with the assistance of a generic computer. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
The claim recites the additional elements, “obtaining, in real time, a data stream for a communication with a user associated with a user account of a service;” is an insignificant extra-solution activity required for any uses of the mental processes (see MPEP § 2106.05(g)) As such, the claim is ineligible.
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea. The additional elements, “obtaining, in real time, a data stream for a communication with a user associated with a user account of a service;” is an insignificant extra-solution activity required for any uses of abstract ideas (see MPEP § 2106.05(g)), and is a well-understood, routine, conventional activity (see MPEP § 2106.05(d)(i); “Receiving or transmitting data over a network, e.g., using the Internet to gather data”.
Taken alone or in combination, the additional elements of the claim do not provide an inventive concept and thus the claim is subject-matter ineligible.
Claim 14
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
A machine, as above.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites the abstract ideas of the preceding claims from which it depends.
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
The claim recites the additional elements, “wherein the instructions further cause operations comprising: based on the confidence score being between the first threshold and the second threshold, retraining the first machine learning model based on the prediction from the second machine learning model.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea. The additional elements, “wherein the instructions further cause operations comprising: based on the confidence score being between the first threshold and the second threshold, retraining the first machine learning model based on the prediction from the second machine learning model.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Taken alone or in combination, the additional elements of the claim do not provide an inventive concept and thus the claim is subject-matter ineligible.
Claim 15
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
A machine, as above.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites, inter alia:
“wherein the instructions further cause operations comprising: based on the confidence score not exceeding the first threshold, determining that the user account not be assigned a communication suppression flag.” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
This claim does not recite any additional limitations which integrate the abstract idea into a practical application.
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea and thus the claim is subject-matter ineligible.
Claim 16
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
A machine, as above.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites, inter alia:
“based on the confidence score exceeding the second threshold: determining that the user account be assigned a communication suppression flag; and” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
The claim recites the additional elements, “generating a notification to an agent of the service indicating that the user has expressed an intent to not receive further communications from the service.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea. The additional elements, “generating a notification to an agent of the service indicating that the user has expressed an intent to not receive further communications from the service.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Taken alone or in combination, the additional elements of the claim do not provide an inventive concept and thus the claim is subject-matter ineligible.
Claim 17
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
A machine, as above.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites, inter alia:
“wherein the instructions further cause operations comprising: obtaining information regarding whether an agent of the service assigned a communication suppression flag to the user account;” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
“comparing the information and the prediction to detern1ine whether they match; and” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
The claim recites the additional elements, “based on the information not matching the prediction, retraining the second machine lean1ing model based on the information.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea. The additional elements, “based on the information not matching the prediction, retraining the second machine lean1ing model based on the information.” amounts to generic computer components used as a tool to perform an existing process. Thus, the additional element amounts to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (see MPEP § 2106.05(f)).
Taken alone or in combination, the additional elements of the claim do not provide an inventive concept and thus the claim is subject-matter ineligible.
Claim 18
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
A machine, as above.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites, inter alia:
“wherein the first machine learning model comprises an ensemble of models, each model trained to predict a different intent of the user, and wherein generating the confidence score regarding whether the user account be assigned a communication suppression flag comprises: identifying a model in the ensemble configured to predict whether the user has expressed an intent to not receive further communications from the service; and” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
“generating the confidence score based on the model’s prediction.” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
This claim does not recite any additional limitations which integrate the abstract idea into a practical application.
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides significantly more than the abstract idea and thus the claim is subject-matter ineligible.
Claim 19
Step 1 – Is the claim to a process, machine, manufacture or composition of matter?
A machine, as above.
Step 2A Prong 1 – Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
The claim recites, inter alia:
“wherein the first machine learning model comprises a neural network, the neural network trained to predict an intent of the user from a plurality of intents, and wherein generating the confidence score regarding whether the user account be assigned a communication suppression flag comprises: identifying one or more nodes in a hidden layer of the neural network related to an intent to not receive further communications from the service; and” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
“generating the confidence score based on values associated with the one or more nodes.” Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of evaluating and observing data, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. The limitation is merely applying an abstract idea on generic computer system. See MPEP 2106.04(a)(2)(III)(c).
Step 2A Prong 2 – Does the claim recite additional elements that integrate the judicial exception into a practical application?
This claim does not recite any additional limitations which integrate the abstract idea into a practical application.
Step 2B – Does the claim recite additional elements that amount to significantly more than the judicial exception?
Finally, the claim taken as a whole does not contain an inventive concept which provides signif