Prosecution Insights
Last updated: April 19, 2026
Application No. 18/075,191

CONSTRAINING GENERATION OF AUTOMATED ASSISTANT SUGGESTIONS BASED ON APPLICATION RUNNING IN FOREGROUND

Non-Final OA §103
Filed
Dec 05, 2022
Examiner
NGUYEN, NHAT HUY T
Art Unit
2147
Tech Center
2100 — Computer Architecture & Software
Assignee
Google LLC
OA Round
5 (Non-Final)
54%
Grant Probability
Moderate
5-6
OA Rounds
3y 5m
To Grant
79%
With Interview

Examiner Intelligence

Grants 54% of resolved cases
54%
Career Allow Rate
185 granted / 341 resolved
-0.7% vs TC avg
Strong +25% interview lift
Without
With
+25.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
59 currently pending
Career history
400
Total Applications
across all art units

Statute-Specific Performance

§101
11.0%
-29.0% vs TC avg
§103
54.7%
+14.7% vs TC avg
§102
16.9%
-23.1% vs TC avg
§112
10.7%
-29.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 341 resolved cases

Office Action

§103
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 . Status of the Claims Claims 1-20 are pending for examination. Claims 1-20 are rejected under 35 U.S.C. §103. 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. Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Limp et al. (U.S. 2013/0347018 hereinafter Limp) in view of Wang et al. (U.S. 2015/030966 hereinafter Wang) in further view of Hashimoto et al. (U.S. 2018/0181663 hereinafter Hashimoto). As Claim 1, Limp teaches a computer-implemented method, comprising: detecting an assistant invocation while a first application is running in a foreground of a client device (Limp (¶0027 line 3-5 and 20-37, fig. 3), system recognizes a piece of musing playing with the current content. Notification is provided to user based on user history); retrieving by an automated assistant and from the first application running in the foreground of the client device, one or more suggestion-generation criteria for the first application (Limp (¶0025 line 8-11, ¶0027 line 3-5 and 20-37, fig. 3), criteria include user history, user preferences and purchase history …); determining, by the automated assistant and based on the one or more suggestion- generation criteria retrieved from the first application, the one or more suggestions that are to be presented to a user of the client device in response to the assistant invocation (Limp (¶0028 line 3-7, fig. 3 item 306), notification 306 is displayed over media content indicating the name and artist), wherein determining the one or more suggestions based on the one or more suggestion-generation criteria retrieved from the first application, is based on the first application being running in the foreground when the assistant invocation is detected (Limp (¶0026 line 14-16, system allows user to continue to view the content and access supplemental content at the same time. Limp (¶0027 line 3-5 and 20-37, fig. 3), system recognizes a piece of musing playing with an active program); and causing the one or more suggestions to be displayed in response to the assistant invocation and within an overlay displayed over a user interface of the first application (Limp (¶0028 line 3-7, fig. 3 item 306), notification 306 is displayed over media content indicating the name and artist). Limp does not explicitly disclose: wherein the one or more suggestion-generation criteria are: defined by the first application and include a rule, defined by the first the first application, that identifies one or more additional applications allowed by the first application as a source for the one or more suggestions that are to be presented via the first application, the one or more additional applications being different from the first application and being installed at the client device along with the first application includes utilizing a given additional application, of the one or more additional applications allowed by the first application as a source for one or more suggestions identified by the rule, in determining a given suggestion, of the one or more suggestions, wherein utilizing the given additional application in determining the given suggestion is responsive to given additional application being among the one or more additional applications identified by the rule retrieved from the first application Wang teaches: wherein the one or more suggestion-generation criteria are: defined by the first application (Wang (¶0065, ¶0066, ¶0067), application name and ID is selected in order to provide recommended applications) and include a rule, defined by the first the first application, that identifies one or more additional applications allowed by the first application as a source for the one or more suggestions that are to be presented via the first application (Wang (¶0052-¶0055), recommendation rules are applied for different first application), the one or more additional applications being different from the first application (Wang (¶0026 line 1-2), system allows user to interact with other applications) and being installed at the client device along with the first application (Wang (¶0030 line 3-8, ¶0045 line 2-6), recommended applications are available in the electronic device. Applications are installed and registered with the DOI framework) includes utilizing a given additional application (Wang (¶0034 line 1-6, fig. 2 item 202), 204), user select search function in window box 204. The application is presented in a search window 202), of the one or more additional applications allowed by the first application as a source for one or more suggestions identified by the rule, in determining a given suggestion, of the one or more suggestions (Wang (¶0031), DOI framework obtains context such as Application Name and returns best fitted applications or services), wherein utilizing the given additional application in determining the given suggestion is responsive to given additional application being among the one or more additional applications identified by the rule retrieved from the first application (Wang (¶0034 line 1-6, fig. 2 item 202), 204), user select search function in window box 204. The application is presented in a search window 202) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify identification service of Lim instead be rule based recommendation system of Wang, with a reasonable expectation of success. The motivation would be to conveniently allow “no matter which application is used, it is desirable to allow the user to interact with other applications” so that “the user can directly type ideas in his mind to the input box without moving the mouse or any other actions” (Wang (¶0026)) (Teaching Suggestion Motivation). Lim in view of Wang does not explicitly disclose: and that identifies one or more applications that are not allowed by the first application as the source for one or more suggestions; and preventing utilization of the one or more applications that are not allowed by the first applications as the source for the one or more suggestions. Hashimoto teaches: and that identifies one or more applications that are not allowed by the first application as the source for one or more suggestions (Hashimoto (¶0042 line 6-13), “categories are classified in accordance with a type of facility associated with an application, and permission/non-permission of recommendation is set for each category. "on" indicates the permission, and "off'' indicates the non-permission, and for example, in the case of "on," an icon of a recommendation application is displayed, and in the case of "off," the icon of the recommendation application is not displayed”); and preventing utilization of the one or more applications that are not allowed by the first applications as the source for the one or more suggestions (Hashimoto (¶0042 line 6-13), “in the case of "on," an icon of a recommendation application is displayed, and in the case of "off," the icon of the recommendation application is not displayed”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify identification service of Lim in view of Wang instead be rule based recommendation system of Hashimoto, with a reasonable expectation of success. The motivation would be so that “applications are classified into categories, and recommendation is permitted only for a designated category.” (Hashimoto (¶0050 line 4-6)) (Teaching Suggestion Motivation). As Claim 2, besides Claim 1, Limp in view of Wang in further view of Hashimoto teaches wherein retrieving the one or more suggestion-generation criteria from the first application is in response to detecting the assistant invocation (Limp (¶0027 line 3-5 and 20-37, fig. 3), system recognizes a piece of musing playing with the current content) and is in response to the first application being running in the foreground when the assistant invocation is detected (Limp (¶0027 line 3-5 and 20-37, fig. 3), system recognizes a piece of musing playing with an active program). As Claim 3, besides Claim 2, Limp in view of Wang in further view of Hashimoto teaches wherein the one or more suggestion-generation criteria for the first application are specific to a state of the first application (Limp (¶0027 line 3-5 and 20-37, fig. 3), system recognizes a piece of musing playing with an active program) and are provided by the first application responsive to the state being a current state of the first application at a time of the assistant invocation (Limp (¶0028 line 3-7, fig. 3 item 306), notification 306 is displayed over media content indicating the name and artist). As Claim 4, besides Claim 1, Limp in view of Wang in further view of Hashimoto teaches wherein retrieving the one or more suggestion-generation criteria from the first application comprises: providing, via an operating system of the client device, a suggestion-generation criteria request to the first application (Limp (¶0027 line 3-5 and 20-37, fig. 3), system recognizes a piece of musing playing with the current content. Notification is provided to user based on user history); and receiving the one or more suggestion-generation criteria via the operating system and responsive to the suggestion-generation criteria request (Limp (¶0025 line 8-11, ¶0027 line 3-5 and 20-37, fig. 3), criteria include user history, user preferences and purchase history …). As Claim 5, besides Claim 1, Limp in view of Wang in further view of Hashimoto teaches further comprising: receiving a user selection of a particular suggestion, of the one or more suggestions displayed within the overlay, and in response to receiving the user selection of the particular suggestion (Limp (¶0026 line 3-14), user selects supplement content): causing a particular action corresponding to the particular suggestion to be performed (Limp (¶0026 line 2-14), supplement content is pushed to secondary device), and causing the overlay that displays the one or more suggestions to no longer be displayed over the user interface of the first application (Limp (¶0026 line 14-16, system allows user to continue to view the content and access supplemental content at the same time.). As Claim 6, besides Claim 1, Limp in view of Wang in further view of Hashimoto teaches wherein detecting the assistant invocation comprises: receiving, via the first application, an indication of a user selection of a selectable element, for suggesting one or more actions, that is displayed at a user interface of the first application (Limp (¶0033), user might be able to toggle supplemental content on and off during playback), and detecting the assistant invocation in response to receiving the indication of the user selection of the selectable element (Limp (¶0034 line 1-4), user might turn on supplemental information at a certain time). As Claim 7, besides Claim 1, Limp in view of Wang in further view of Hashimoto teaches wherein the one or more suggestion-generation criteria includes: retrieving the one or more suggestion-generation criteria (Limp (¶0038 line 9-19), reverse metadata lookup) using a package name of the first application (Limp (¶0028 line 3-7, fig. 3 item 306), notification 306 is displayed over media content indicating the name and artist). As Claim 8, besides Claim 1, Limp in view of Wang in further view of Hashimoto teaches wherein the one or more suggestion-generation criteria includes a rule that defines one or more applications or actions that are not allowed by the first application (Limp (¶0027 line 3-5 and 20-37, fig. 3), system recognizes a piece of musing playing with the current content. Notification is provided if the user is interested). As Claim 9, the Claim is rejected for the same reasons as Claim 1. As Claim 10, the Claim is rejected for the same reasons as Claim 7. As Claim 11, besides Claim 9, Limp in view of Wang in further view of Hashimoto teaches wherein the foreground context of the client device includes content displayed via the user interface of the first application (Limp (¶0027 line 3-5 and 20-37, fig. 3), system recognizes a piece of musing playing with the current content). As Claim 12, besides Claim 9, Limp in view of Wang in further view of Hashimoto teaches wherein determining the one or more suggestions to be presented to the user of the client device comprises: retrieving, via the automated assistant and based on the retrieved foreground context of the client device indicating that the first application is running in the foreground when the assistant invocation is detected (Limp (¶0026 line 14-16, system allows user to continue to view the content and access supplemental content at the same time. Limp (¶0027 line 3-5 and 20-37, fig. 3), system recognizes a piece of musing playing with an active program), automated assistant data that describes suggestion-generation criteria specific to the first application (Limp (¶0027 line 3-5 and 20-37, fig. 3), system recognizes a piece of musing playing with an active program), and determining, based on the retrieved foreground context of the client device and the suggestion-generation criteria specific to the first application, the one or more suggestions (Limp (¶0028 line 3-7, fig. 3 item 306), notification 306 is displayed over media content indicating the name and artist). As Claim 13, besides Claim 12, Limp in view of Wang in further view of Hashimoto teaches wherein the suggestion-generation criteria include a rule that defines one or more applications or actions that are not allowed by the first application (Limp (¶0027 line 3-5 and 20-37, fig. 3), system recognizes a piece of musing playing with the current content. Notification is provided if the user is interested). As Claim 14, besides Claim 12, Limp in view of Wang in further view of Hashimoto teaches wherein the suggestion-generation criteria generated by the first application include: package names of one or more additional applications that are different from the first application (Limp (¶0028 line 3-7, fig. 3 item 306), notification 306 is displayed over media content indicating the name and artist). As Claim 15, besides Claim 14, Limp in view of Wang in further view of Hashimoto teaches wherein determining the one or more suggestions to be presented to the user of the client device comprises: retrieving, via the automated assistant, automated assistant data that describes one or more actions associated with the one or more additional applications (Limp (¶0027 line 3-5 and 20-37, fig. 3), system recognizes a piece of musing playing with the current content), and determining, based on the foreground context of the client device and the one or more actions associated with the one or more additional applications, the one or more suggestions (Limp (¶0027 line 3-5 and 20-37, fig. 3), system recognizes a piece of musing playing with the current content. Notification is provided if the user is interested). As Claim 16, besides Claim 12, Limp in view of Wang in further view of Hashimoto teaches wherein the suggestion-generation criteria specific to the first application include: one or more actions performable via the automated assistant (Limp (¶0028 line 3-7, fig. 3 item 306), notification 306 is displayed over media content indicating the name and artist). As Claim 17, besides Claim 12, Limp in view of Wang in further view of Hashimoto teaches wherein the suggestion-generation criteria specific to the first application include: one or more actions performable via one or more applications that are different from the first application (Limp (¶0028 line 3-7, fig. 3 item 306), notification 306 is displayed over media content indicating the name and artist). As Claim 18, Limp teaches a system, comprising: one or more processors (Limp (¶0054 line 4), processor); and one or more memories storing instructions that, when executed by the one or more processors, cause the one or more: The rest of the limitations are rejected for the same reasons as Claim 1. As Claim 19, the Claim is rejected for the same reasons as Claim 2. As Claim 20, the Claim is rejected for the same reasons as Claim 3. Response to Arguments 35 U.S.C. §103 rejections: As Claim 1, 9 and 8, Applicants argue that Limp and Wang do not disclose “a rule … that identifies one or more applications that are not allowed” (third paragraph of page 10 in the remarks). Applicants’ arguments are moot because new reference Hashimoto teaches the limitation(s). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to NHAT HUY T NGUYEN whose telephone number is (571)270-7333. The examiner can normally be reached M-F: 12:00-8:00 EST. 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, Viker Lamardo can be reached on 571-270-5871. 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. /NHAT HUY T NGUYEN/Primary Examiner, Art Unit 2147
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Prosecution Timeline

Dec 05, 2022
Application Filed
Dec 16, 2023
Non-Final Rejection — §103
Mar 21, 2024
Response Filed
Apr 08, 2024
Interview Requested
Apr 09, 2024
Applicant Interview (Telephonic)
Apr 22, 2024
Examiner Interview Summary
Jun 13, 2024
Final Rejection — §103
Sep 20, 2024
Request for Continued Examination
Sep 28, 2024
Response after Non-Final Action
Mar 21, 2025
Non-Final Rejection — §103
Jun 23, 2025
Applicant Interview (Telephonic)
Jun 26, 2025
Examiner Interview Summary
Jun 27, 2025
Response Filed
Aug 23, 2025
Final Rejection — §103
Oct 27, 2025
Response after Non-Final Action
Nov 28, 2025
Request for Continued Examination
Dec 06, 2025
Response after Non-Final Action
Mar 21, 2026
Non-Final Rejection — §103 (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

5-6
Expected OA Rounds
54%
Grant Probability
79%
With Interview (+25.1%)
3y 5m
Median Time to Grant
High
PTA Risk
Based on 341 resolved cases by this examiner. Grant probability derived from career allow rate.

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