Prosecution Insights
Last updated: April 19, 2026
Application No. 18/039,647

AVATAR APPARATUS AND METHOD FOR REPRESENTING A PERSON AND FOR PROCESSING PERSON-RELATED DATA OF THE PERSON

Non-Final OA §102
Filed
May 31, 2023
Examiner
FEREJA, SAMUEL D
Art Unit
2487
Tech Center
2400 — Computer Networks
Assignee
Universitaet des Saarlandes
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
86%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allow Rate
458 granted / 614 resolved
+16.6% vs TC avg
Moderate +12% lift
Without
With
+11.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
66 currently pending
Career history
680
Total Applications
across all art units

Statute-Specific Performance

§101
3.6%
-36.4% vs TC avg
§103
64.1%
+24.1% vs TC avg
§102
13.8%
-26.2% vs TC avg
§112
7.9%
-32.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 614 resolved cases

Office Action

§102
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 . Information Disclosure Statement The information disclosure statements (IDS) were submitted on 08/18/23 & 01/31/25. The submission are in compliance with the provisions of 37 CFR § 1.97. , the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 30-58 are rejected under 35 U.S.C. 102(a) (2) as being anticipated by Gnanasambandam et al. (US 20220384001, hereinafter Gnanasambandam). Regarding Claim 30, Gnanasambandam discloses an avatar apparatus that is adapted to represent a person and to process personal data of the person ([0142] FIG. 1, a cognitive intelligence platform 102), comprising: an AI processor device that is adapted for machine learning of individual mental response characteristics of the person by way of data training ([0143] FIG. 1, implement components of the cognitive intelligence platform 102 including: a knowledge cloud 106; a critical thinking engine 108; a natural language database 122; and a cognitive agent 110; [0147], critical thinking engine 108 includes an artificial intelligence engine 109 (“AI Engine” in FIG. 1) that uses one or more machine learning models), wherein the AI processor device is configured to generate semantic answers in response to questions in a manner dependent on the mental response characteristics ([0145] The critical thinking engine 108 represents a set of instructions executing within the cognitive intelligence platform 102 that execute tasks using artificial intelligence, such as recognizing and interpreting natural language (e.g., performing conversational analysis), and making decisions in a linear manner (e.g., in a manner similar to how the human left brain processes information). Specifically, an ability of the cognitive intelligence platform 102 to understand natural language is powered by the critical thinking engine 108), a first storage device that is coupled to the AI processor device and is adapted to store the mental response characteristics of the person ([0143] FIG. 1, implement components of the cognitive intelligence platform 102 including: a knowledge cloud 106; a critical thinking engine 108; a natural language database 122), an input device that is coupled to the AI processor device and is adapted to at least one of interacting with the person and receiving questions relating to the person ([0142] FIG. 1, a cognitive intelligence platform 102 communicably coupled to a user device 104. The cognitive intelligence platform 102 includes several computing devices, where each computing device, respectively, includes at least one processor, at least one memory, and at least one storage (e.g., a hard drive, a solid-state storage device, a mass storage device, and a remote storage device)), and an output device that is configured to output signals that represent the answers generated by the AI processor device ([0147], one or more machine learning models are generated by a training engine and may be implemented in computer instructions that are executable by one or more processing device of the training engine, the artificial intelligence engine 109, another server, and/or the user device 104. The one or more machine learning models may refer to model artifacts that are created by the training engine using training data that includes training inputs and corresponding target outputs. The training engine may find patterns in the training data that map the training input to the target output, and generate the machine learning models that capture these patterns). Regarding Claim 31, Gnanasambandam discloses the avatar apparatus according to claim 30, wherein the AI processor device is adapted for the machine learning of the individual mental response characteristics, which include at least one of moral attitudes, opinions, values, interests and ethical principles ([0147], one or more machine learning models are generated by a training engine and may be implemented in computer instructions that are executable by one or more processing device of the training engine, the artificial intelligence engine 109, another server, and/or the user device 104. The one or more machine learning models may refer to model artifacts that are created by the training engine using training data that includes training inputs and corresponding target outputs. The training engine may find patterns in the training data that map the training input to the target output, and generate the machine learning models that capture these patterns). Regarding Claim 32, Gnanasambandam discloses the avatar apparatus according to claim 30, wherein the first storage device is configured to store the mental response characteristics in the form of catalogues of at least one of rules, micro-contracts and blockchains ([0122], The check-in documents may refer to consent forms, medical history documents, health information release authorization forms, new patient sheets, massage client intake forms, mental health intake forms, consent treatment for minor child forms, doctor referral forms, adult health history forms, school physical forms, insurance verification sheets, medical reports, therapy intake forms, initial exam reports, pain assessment sheets, and the like). Regarding Claim 33, Gnanasambandam discloses the avatar apparatus according to claim 30, wherein the first storage device is adapted to store individual additional data on which the mental response characteristics are dependent ([0122], The check-in documents may refer to consent forms, medical history documents, health information release authorization forms, new patient sheets, massage client intake forms, mental health intake forms, consent treatment for minor child forms, doctor referral forms, adult health history forms, school physical forms, insurance verification sheets, medical reports, therapy intake forms, initial exam reports, pain assessment sheets, and the like). Regarding Claim 34, Gnanasambandam discloses the avatar apparatus according to claim 30, wherein the AI processor device being adapted to understand and use ethically relevant expressions ([0247] Common sense data 208 is data that has been identified as “common sense”, and can include rules that govern a respective concept and used as glue to understand other concepts). Regarding Claim 35, Gnanasambandam discloses the avatar apparatus according to claim 30, furthermore comprising a second storage device that is adapted to store general additional data that represent knowledge relevant to the mental response characteristics ([0145] The critical thinking engine 108 represents a set of instructions executing within the cognitive intelligence platform 102 that execute tasks using artificial intelligence, such as recognizing and interpreting natural language (e.g., performing conversational analysis), and making decisions in a linear manner (e.g., in a manner similar to how the human left brain processes information). Specifically, an ability of the cognitive intelligence platform 102 to understand natural language is powered by the critical thinking engine 108). Regarding Claim 36, Gnanasambandam discloses the avatar apparatus according to claim 35, wherein the second storage device is coupled to an update device by means of which the general additional data can be updated ([0031] FIG. 23 shows a method for using feedback pertaining to the accuracy of cognified data to update an artificial intelligence engine). Regarding Claim 37, Gnanasambandam discloses the avatar apparatus according to claim 30, wherein the input device comprises a communication channel that is adapted for communication between the avatar apparatus and the person ([0101] , the cognitive intelligence platform implements an intuitive conversational cognitive agent that engages in a question and answering system that is human-like in tone and response. The described cognitive intelligence platform endeavors to compassionately solve goals, questions and challenges). Regarding Claim 38, Gnanasambandam discloses the avatar apparatus according to claim 30, wherein the input device is provided with an authorising device that is configured to restrict the receipt of questions relating to the person to at least one of predetermined authorised entities and predetermined allowable contents ([0480] the notification pertaining to the booked appointment may be provided to the user device 104, a computing device of the service provider 112, a computing device of an administrator of the service provider 112, and/or a computing device of a facility 114. The notification may be a secure message displayed by a user interface of the autonomous multipurpose application, a secure text message, a secure email, and/or a secure voicemail/telephone call). Regarding Claim 39, Gnanasambandam discloses the avatar apparatus according to claim 38, wherein the authorising device comprises a communication authentication storage and a standard communication protocol function ([0118] The autonomous multipurpose application may perform numerous operations pertaining to scheduling appointments for patients, checking-in patients for scheduled appointments, educating the patients about medical conditions, and/or searching for content based on search queries, among other things. For scheduling purposes, the autonomous multipurpose application may be communicatively coupled with computing devices of care providers (e.g., medical personnel) and/or electronic medical record (EMR) systems used by the care providers (e.g., medical personnel). These computing devices and/or electronic medical record systems may execute patient management systems or scheduling management systems that maintain schedules of appointments for the care providers). Regarding Claim 40, Gnanasambandam discloses the avatar apparatus according to claim 30, furthermore comprising a cryptographic storage that is adapted to store access keys ([0461] The messages may use cryptography and be presented by the user interface 3900 after decryption. public key—private key encryption may be used to encrypt and decrypt the messages. the messages may be transmitted via text messaging, emails, and/or voicemail. Thus, omni-channel messaging may be implemented by the cognitive intelligence platform 102). Regarding Claim 41, Gnanasambandam discloses the avatar apparatus according to claim 30, furthermore comprising a log storage that is adapted to store a course of changes to the contents of at least one of the first and second storage devices ([0122], The check-in documents may refer to consent forms, medical history documents, health information release authorization forms, new patient sheets, massage client intake forms, mental health intake forms, consent treatment for minor child forms, doctor referral forms, adult health history forms, school physical forms, insurance verification sheets, medical reports, therapy intake forms, initial exam reports, pain assessment sheets, and the like). Regarding Claim 42, Gnanasambandam discloses the avatar apparatus according to claim 30, furthermore comprising a timer device that is adapted to provide a timescale for the functions of the avatar apparatus ([0112], The health related information associated with the remaining nodes in the knowledge graph may be distributed to the computing device of the patient at different respective times. the health related information to be provided and/or the times at which the health related information is provided may be selected based on relevancy to a stage of the medical condition of the patient). Regarding Claim 43, Gnanasambandam discloses the avatar apparatus according to claim 30, furthermore comprising a communication device that is adapted to at least one of establishing contact and communicating with the person ([0147], one or more machine learning models are generated by a training engine and may be implemented in computer instructions that are executable by one or more processing device of the training engine, the artificial intelligence engine 109, another server, and/or the user device 104; [0480]) Regarding Claim 44, Gnanasambandam discloses the avatar apparatus according to claim 30, wherein each avatar apparatus is adapted to a different application ([0241] By implementing the methods to analyze conversational context, the cognitive agent 110 can recommend a variety of topics and items throughout the lifetime of the conversational stream. Examples of items that can be recommended by the cognitive agent 110 include: surveys, topics of interest, local events, devices or gadgets, dynamically adapted health assessments, nutritional tips, reminders from a health events calendar, and the like). Regarding Claim 45, Gnanasambandam discloses the avatar apparatus according to claim 30, comprising at least one of the following forming a multidirectional platform for placing at least one of medical laboratories and biobanks in connection with at least one of industrial companies and scientific research organisations ([0120] The autonomous multipurpose application may enable a user to schedule numerous appointments for himself or herself with people having different specialties via a single user interface. For example, the specialties may include a medical doctor (physician), a dentist, an optometrist, a physician's assistant, a chiropractor, a behavioral specialist, a lab technician, a masseuse, a barber, an orthodontist, a dermatologist, and the like. Also, the autonomous multipurpose application may enable the user to schedule appointments for dependents forming a platform for at least one of social research, opinion research and Big Data analysis([0104], knowledge graph and the logical structure may be generated and updated continuously or on a periodic basis by an artificial intelligence engine with evidence-based guidelines, physician research, physician feedback, and so fort forming a platform for providing patient declarations, forming a data protection platform ([0122], The check-in documents may refer to consent forms, medical history documents, health information release authorization forms, new patient sheets, generating a patient advance directive, providing input information for a synthetic biological procedure, and controlling technical systems ([0505] In addition, graphical elements (e.g., buttons) may be presented for the user to browse medical information. The medical information to be browsed may include conditions, symptoms, medications, procedures, labs, and so forth. When a graphical element is selected, content associated with the medical information may be retrieved from the knowledge cloud 106 and presented on the user interface 4900). Regarding Claim 46, Gnanasambandam discloses the avatar apparatus according to claim 30, comprising: receiving at least one question relating to the person, processing the question using the AI processor device, and outputting a semantic answer to the at least one question ([0464] Further, natural language understanding (NLU) may be performed on the image of the cards, documents, or the like. The NLU techniques may process unstructured data using text analytics to extract entities, relationships, keywords, semantic roles, and so forth. The NLU may extract the text from the images received by the cognitive intelligence platform 102). Regarding Claim 47, Gnanasambandam discloses the avatar apparatus according to claim 46, wherein the processing of the question using the AI processor device is performed in a manner dependent on at least one of moral attitudes, opinions, values, interests and ethical principles of the person ([0073] FIG. 60A-E show examples of modifying a care plan based on a detected emotion of the patient, a detected tone of the patient, a different medical outcome entered by a physician, or some combination thereof; [0247] Common sense data 208 is data that has been identified as “common sense”, and can include rules that govern a respective concept and used as glue to understand other concepts). Regarding Claim 48, Gnanasambandam discloses the avatar apparatus according to claim 46, wherein the mental response characteristics are stored in the form of catalogues of at least one of rules, micro-contracts and blockchains ([0464] Further, natural language understanding (NLU) may be performed on the image of the cards, documents, or the like. The NLU techniques may process unstructured data using text analytics to extract entities, relationships, keywords, semantic roles, and so forth. The NLU may extract the text from the images received by the cognitive intelligence platform 102). Regarding Claim 49, Gnanasambandam discloses the avatar apparatus according to claim 46, wherein individual additional data are stored, on which the mental response characteristics are dependent ([0074] FIG. 61 shows a method for modifying a care plan based on a detected emotion of the patient, a detected tone of the patient, a different medical outcome entered by a physician, or some combination thereof). Regarding Claim 50, Gnanasambandam discloses the avatar apparatus according to claim 46, wherein the AI processor device understands and uses ethically relevant expressions ([0101] , the cognitive intelligence platform implements an intuitive conversational cognitive agent that engages in a question and answering system that is human-like in tone and response. The described cognitive intelligence platform endeavors to compassionately solve goals, questions and challenges; [0247] Common sense data 208 is data that has been identified as “common sense”, and can include rules that govern a respective concept and used as glue to understand other concepts). Regarding Claim 51, Gnanasambandam discloses the avatar apparatus according to claim 46, furthermore comprising storing of general additional data that represent knowledge relevant to the mental response characteristics ([0101] , the cognitive intelligence platform implements an intuitive conversational cognitive agent that engages in a question and answering system that is human-like in tone and response. The described cognitive intelligence platform endeavors to compassionately solve goals, questions and challenges). Regarding Claim 52, Gnanasambandam discloses the avatar apparatus according to claim 51, wherein the general additional data are updated at predetermined times ([0031] FIG. 23 shows a method for using feedback pertaining to the accuracy of cognified data to update an artificial intelligence engine). Regarding Claim 53, Gnanasambandam discloses the avatar apparatus according to claim 46, furthermore comprising a communication between the avatar apparatus and the person ([0101] , the cognitive intelligence platform implements an intuitive conversational cognitive agent that engages in a question and answering system that is human-like in tone and response. The described cognitive intelligence platform endeavors to compassionately solve goals, questions and challenges). Regarding Claim 54, Gnanasambandam discloses the avatar apparatus according to claim 46, wherein the receipt of questions relating to the person is restricted by means of an authorising device to at least one of predetermined authorised entities and predetermined allowable contents ([0480] the notification pertaining to the booked appointment may be provided to the user device 104, a computing device of the service provider 112, a computing device of an administrator of the service provider 112, and/or a computing device of a facility 114. The notification may be a secure message displayed by a user interface of the autonomous multipurpose application, a secure text message, a secure email, and/or a secure voicemail/telephone call). Regarding Claim 55, Gnanasambandam discloses the avatar apparatus according to claim 46, furthermore comprising storing of access keys in a cryptographic storage ([0461] The messages may use cryptography and be presented by the user interface 3900 after decryption. public key—private key encryption may be used to encrypt and decrypt the messages. the messages may be transmitted via text messaging, emails, and/or voicemail. Thus, omni-channel messaging may be implemented by the cognitive intelligence platform 102). Regarding Claim 56, Gnanasambandam discloses the avatar apparatus according to claim 46, furthermore comprising storing of a course of changes to the contents of at least one of the first and second storage devices ([0031] FIG. 23 shows a method for using feedback pertaining to the accuracy of cognified data to update an artificial intelligence engine). Regarding Claim 57, Gnanasambandam discloses the avatar apparatus according to claim 46, furthermore comprising providing of a timescale for the functions of the avatar apparatus ([0112], The health related information associated with the remaining nodes in the knowledge graph may be distributed to the computing device of the patient at different respective times. the health related information to be provided and/or the times at which the health related information is provided may be selected based on relevancy to a stage of the medical condition of the patient). Regarding Claim 58, Gnanasambandam discloses the avatar apparatus according to claim 46, furthermore comprising an establishment of at least one of contact and communication with the person ([0113], book an appointment with a care provider for a dependent (e.g., child), the parent/guardian may contact yet another office where a care provider having yet another specialty (e.g., pediatrician) works to book an appointment. In some instances, the patient may access multiple different websites associated with the care providers to attempt to schedule an appointment. This is inconvenient for the patient and wastes resources by making multiple phone calls or accessing multiple different websites. Switching between websites to find contact information for people having different specialties may cause undesirable network, computing, and/or memory usage to occur). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Samuel D Fereja whose telephone number is (469)295-9243. The examiner can normally be reached 8AM-5PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, DAVID CZEKAJ can be reached at (571) 272-7327. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SAMUEL D FEREJA/Primary Examiner, Art Unit 2487
Read full office action

Prosecution Timeline

May 31, 2023
Application Filed
Jan 17, 2026
Non-Final Rejection — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
75%
Grant Probability
86%
With Interview (+11.8%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 614 resolved cases by this examiner. Grant probability derived from career allow rate.

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