DETAILED ACTION
This communication is a Non-Final Office Action on the merits in response to communications received on 09/15/2025. Claims 2-7, 9-14, and 16-20 have been canceled. Claims 1, 8, and 15 have been amended. Claims 21-29 have been newly added. Therefore, claims 1, 8, 15, 21-29 are pending and have been addressed below. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/15/2025 has been entered.
Claim Rejections – 35 USC §101
2. 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.
3. Claims 1, 8, 15, 21-29 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to an abstract idea without a practical application.
4. Regarding Step 1, claim 1 recites a machine (i.e., a concrete thing, consisting of parts, or of certain devices and combination of devices), claim 8 recites a manufacture, (i.e., an article that is given a new form, quality, property, or combination through man-made or artificial means.) and claim 15 recites a process (i.e., an act or step, or a series of acts or steps). Thus, each of the claims fall within one of the four statutory categories.
5. Regarding Step 2A [Prong One], the claims recite an abstract idea.
6. Independent claims 1, 8, and 15 recite:
“storing a plurality of digital files associated with unique help operations to be applied, the digital files including a combination of help subjects and help types, the digital files containing identifiers of all fields needed from the user, and instructions on how to initiate a transaction once all necessary information is obtained from the user;”, “capturing…input data settings;”, “capturing…a user command to set a default help setting to a specified help type;”, “identifying and parsing…the user command;”, “setting…the default help setting to the specified help type;”, “capturing…a user help request comprising a specified help subject;”, “analyzing…the user help request;”, “retrieving a help file from the stored digital files based on the specified help subject and the default help setting;”
Under the broadest reasonable interpretation, the limitations allow a user interacting with a business to customize their own help settings, request for help, and retrieve digital files corresponding to the help request which encompasses a commercial interaction (i.e., marketing/sales activities or business relations) and managing personal behavior or interactions between people (i.e., social activities, teaching, and following rules or instructions) and mental processes (i.e., observations, evaluations, judgments, and opinions) which is subject matter that falls within the certain methods of organizing human activity and mental processes groupings of abstract ideas. See MPEP 2106.04 II
The Applicant’s Specification emphasizes in at least [0002] Financial institutions that provide financial services are increasingly providing a greater number of client services. In order to alleviate call and chat density from customers over a network environment, such client services include automated virtual support agents (e.g., chatbots) who supplement human virtual support agents by directly interacting with customers via text chat, phone, instant messaging, etc.
Consistent with the specification, the limitations of “storing”, “capturing”, “identifying”, “analyzing”, “retrieving” recite steps for assisting a user with general or specific help inquiries which relates to marketing or sales activities and business relations. Also, the limitations of “capturing” and “setting” recite steps a user may follow to tailor their own settings for help and responses from the business according to their settings which relates to managing personal behavior or interactions between people. The limitation of “analyzing” recite steps for collecting and comparing recognized information within the user’s request which relates to mental processes that can be practically performed in human mind or by a human with or without pen and paper. As such, the claim recites an abstract idea.
7. Regarding Step 2A [Prong Two], independent claims include the following additional elements which do not amount to a practical application:
“a server computing system”, “an authenticated client device”, “the server computer system comprising”, “a policy manager”, “one or more server computers controlled by the policy manager, the one or more server computers including a plurality of processor-implemented modules”, “the processor-implemented modules including an automated virtual support agent module and a machine learning (ML) module”, “one or more processors having at least one hardware circuit”, and “a non-transitory memory coupled to the one or more processors, the non-transitory memory including a set of instructions of computer-executable program code, which when executed by the one or more processors, causes the one or more processors to perform operations including:”, “from the authenticated client device”, “initiating a dedicated process to conduct…by generating a graphical user interface (GUI) as a chat interface for display on a user interface (UI) of the authenticated client device;”, “activating, by the automated virtual support agent module, a chatbot for conducting…on the chat interface;”, “by the chatbot from the authenticated client device via the chat interface”, “by a trained ML model of the machine learning (ML) module”, “using a convolution neural network”, “from the authenticated client device via the chat interface”, “by the trained ML model”, “for display on the chat interface via the intelligent automated assistant” – see claims 1, 8, and 15, are recited at a high-level of generality in light of the specification. The applicant’s specification describes the additional elements in general terms without describing any of the particulars, such that the additional element may be broadly but reasonably construed as generic computer components being used to perform the abstract idea. The additional elements merely add the words “apply it” with the judicial exception, or mere instructions to implement the abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea, as discussed in MPEP 2106.05 (f).
The other additional elements of: “generating…the retrieved help file in a format based on the specified help type;” and “generating and storing a configuration file to be applied to…of the user, the configuration file including the default help setting.” add insignificant extra solution activity to the judicial exception, i.e., data gathering/storage/output, as discussed in MPEP 2106.05(g).
The other additional elements of: “for conducting wireless communications”, during an active virtual chat communication session”, “for conducting a virtual chat communication session”, “during the active virtual chat communication session”, “future virtual chat communication sessions” are merely an attempt to limit the claimed invention to a particular technological environment or field of use, as discussed in MPEP 2106.05(h)
Thus, the additional claim elements are not indicative of integration into a practical application, because the claims do not involve improvements to the functioning of a computer, or to any other technology or technical field (MPEP 2106.05(a)), the claims do not apply or use the abstract idea to effect a particular treatment or prophylaxis for a disease or medical condition (Vanda Memo), the claims do not apply the abstract idea with, or by use of, a particular machine (MPEP 2106.05(b)), the claims do not effect a transformation or reduction of a particular article to a different state or thing (MPEP 2106.05(c)), and the claims do not apply or use the abstract idea in some other meaningful way beyond generally linking the use of the abstract idea to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception (MPEP 2106.05(e) and Vanda Memo). Therefore, the claims do not, for example, purport to improve the functioning of a computer. Nor do they effect an improvement in any other technology or technical field. Accordingly, the additional elements do not impose any meaningful limits on practicing the abstract idea and the claims are directed to an abstract idea.
8. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, as discussed above with respect to integration of the abstract idea into a practical application, the additional element(s) of: “a server computing system”, “an authenticated client device”, “the server computer system comprising”, “a policy manager”, “one or more server computers controlled by the policy manager, the one or more server computers including a plurality of processor-implemented modules”, “the processor-implemented modules including an automated virtual support agent module and a machine learning (ML) module”, “one or more processors having at least one hardware circuit”, and “a non-transitory memory coupled to the one or more processors, the non-transitory memory including a set of instructions of computer-executable program code, which when executed by the one or more processors, causes the one or more processors to perform operations including:”, “from the authenticated client device”, “initiating a dedicated process to conduct…by generating a graphical user interface (GUI) as a chat interface for display on a user interface (UI) of the authenticated client device;”, “activating, by the automated virtual support agent module, a chatbot for conducting…on the chat interface;”, “by the chatbot from the authenticated client device via the chat interface”, “by a trained ML model of the machine learning (ML) module”, “using a convolution neural network”, “from the authenticated client device via the chat interface”, “by the trained ML model”, “for display on the chat interface via the intelligent automated assistant” – see claims 1, 8, and 15 are at best the equivalent of merely adding the words “apply it” to the judicial exception. Mere instructions to apply an exception cannot provide an inventive concept.
The other additional element of: “generating…the retrieved help file in a format based on the specified help type;” and “generating and storing a configuration file to be applied to…of the user, the configuration file including the default help setting.” were considered to be insignificant extra-solution activity, and thus re-evaluated in Step 2B to determine if it is more than well-understood, routine, conventional activity in the field.
The Versata Dev. Group and OIP Techs court decision cited in MPEP 2106.05(d)(II) indicated that: “storing and retrieving information in memory” and “presenting offers and gathering statistics” is/are well-understood, routine, conventional activity when claimed in a generic manner. Thus, at Step 2B the claim(s) are ineligible.
Dependent claims 21-29 depend from claims 1, 8, and 15.
Dependent claims 21, 24, and 27 recite “wherein the format comprises a web link to a webpage of an enterprise website that is relevant to the subject of the help request” which further describes the type of data/information that may be used to perform the abstract idea, but does not make the claim any less abstract., claims 22, 25, and 28 recite “wherein the format comprises text instructions providing help on the subject of the help request” which further describes the type of data/information that may be used to perform the abstract idea, but does not make the claim any less abstract., claims 23, 26, and 29 recite “wherein the format comprises an audio file providing help on the subject of the help request” which further describes the type of data/information that may be used to perform the abstract idea, but does not make the claim any less abstract. The dependent claims fail to impose any meaningful limits on integrating the abstract idea into a practical application or providing an inventive concept. Thus, after considering all claim elements, both individually and in combination and in ordered combination, it has been determined that the claims do not integrate the judicial exception into a practical application or provide an inventive concept.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or non-obviousness.
Claim(s) 1, 8, 15, 21-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rubadeau (US 2022/0231973 A1) in view of Leaman (US 2022/0293107 A1) in further view of Hao (US 2022/0164683 A1)
With respect to claims 1, 8, and 15, Rubadeau discloses
a server computing system (¶ 0039), a computer program product (¶ 0039), a computer implemented method for conducting wireless communications with an authenticated client device (¶ 0028: discloses systems and methods for managing and responding to help requests using a chat-based communication platform.),
the server computer system (¶ 0039) comprising:
a policy manager (¶ 0039: discloses issue management system);
one or more server computers controlled by the policy manager (¶ 0039),
the one or more server computers including a plurality of processor-implemented modules (¶ 0039), the processor-implemented modules including an automated virtual support agent module (¶ 0040),
one or more processors (¶ 0039) having at least one hardware circuit, and a non-transitory memory coupled to the one or more processors,
the non-transitory memory (¶ 0039) including a set of instructions of computer-executable program code, which when executed by the one or more processors, causes the one or more processors to perform operations including:
storing a plurality of digital files associated with unique help operations to be applied during an active virtual chat communication session (¶ 0030: discloses a knowledge database includes information resources, i.e., text resources, audio resources, video resources, or the like.), the digital files including a combination of help subjects and help types (¶ 0026, 0030), the digital files containing identifiers of all fields needed from the user (¶ 0031), instructions on how to initiate a transaction once all necessary information is obtained from the user in the an active virtual chat communication session (¶ 0055);
capturing, from the authenticated client device via the chat interface, a user help request comprising a specified help subject (¶ 0042, 0049: discloses a user can submit a help request to the chat system 104 using their client device 102.);
analyzing, by the trained ML model, the user help request (¶ 0029, 0032, 0043, 0050: discloses the help desk system may evaluate the user’s description of the issue contained in the help request. This may include identifying keywords using natural language processing which represent the trained ML model or the like to identify one or more issues raised by the user.);
retrieving a help file from the stored digital files based on the specified help subject (¶ 0029-0030, 0035, 0044: discloses the help system can associate the help request with other help topics. The help topics associated with a particular help request may be used to identify one or more information resources that can be provided to the user.); and
generating, for display on the chat interface via the intelligent automated assistant the retrieved help file in a format based on the specified help type (¶ 0033, 0035-0036, 0055-0056, 0084: discloses a response message can be generated and sent via the chat interface. The help system can automatically generate and send a response message to receiving a help request via the chat system. The response message can include a reference to the information resources associated with the help topic. The reference can include a link that directs the user to the information resource. The information resource can be contained in the response message as text, audio, video, or other suitable format. The system can display a first one of the resources and an option for the user to view another one of the resources.); and
generating and storing a configuration file to be applied to future virtual chat communication sessions of the user (¶ 0047-0048, 0087: discloses generating a response template that can be formatted as a chat message that can be sent using the chat system. Different templates can be generated and intended to address different issues. Each different template can be associated with one or more help topics.).
The Rubadeau reference does not explicitly disclose the following limitations. However, the Leaman reference is related to techniques for allowing a client to customize their service solution (¶ 0216) and teaches:
capturing, from the authenticated client device, input data settings for
conducting a virtual chat communication session (¶ 0216: discloses a client via a client device may provide one or more customization parameters to be used in the course of customer service.);
capturing, by the chatbot from the authenticated client device via the chat interface, a user command to set a default help setting to a specified help type (¶ 0216, 0218: discloses the client may provide one or more customization parameters which may include default attributes and/or custom attributes.);
setting, during the active virtual chat communication session, the default help setting to the specified help type (¶ 0216, 0220: discloses the platform may utilize the client’s customization parameters to deploy a client specific service system. In this way the customer service offerings may be tailored to the client.); the configuration file including the default help setting. (¶ 0216, 0225)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system and methods of Rubadeau, to include the features of capturing, from the authenticated client device, input data settings for conducting a virtual chat communication session, capturing, by the chatbot from the authenticated client device via the chat interface, a user command to set a default help setting to a specified help type, setting, during the active virtual chat communication session, the default help setting to the specified help type, as disclosed by Leaman to achieve the claimed invention. As disclosed by Leaman, the motivation for the combination would have been to provide an ability for users to define and customize the usage of the customer service platform according to their needs. (¶ 0082, 0318, Leaman)
The combination of Rubadeau and Leaman does not explicitly disclose the following limitations. However, Hao discloses:
initiating a dedicated process to conduct an active virtual chat communication session by generating a graphical user interface (GUI) as a chat interface for display on a user interface (UI) of the authenticated client device (¶ 0030, 0067: discloses a user at a client device can execute an app installed on the client device to initiate a text chat session with automated agent module for the purposes of asking questions and obtaining information for the automated agent.);
activating, by the automated virtual support agent module, a chatbot for conducting the active virtual chat communication session on the chat interface (¶ 0030-0067: discloses the automated agent module can be a chatbot program that is configured to receive text messages from an app on client device and analyze the text messages to determine an appropriate response.);
identifying and parsing, by a trained ML model of the machine learning (ML) module, the user command using a convolution neural network (¶ 0011, 0044: discloses determining by a convolutional neural network of the trained entity relationship classification model one or more features);
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system and methods of Rubadeau and Leaman, to include the features of initiating a dedicated process to conduct an active virtual chat communication session by generating a graphical user interface (GUI) as a chat interface for display on a user interface (UI) of the authenticated client device, activating, by the automated virtual support agent module, a chatbot for conducting the active virtual chat communication session on the chat interface, identifying and parsing, by a trained ML model of the machine learning (ML) module, the user command using a convolution neural network, as disclosed by Hao to achieve the claimed invention. As disclosed by Hao, the motivation for the combination would have been to provide advantages for automatically and efficiently parsing through domain specific documents using neural networks in order to provide accurate results. (¶ 0004)
With respect to claims 21, 24, and 27, the combination of Rubadeau, Leaman, and Hao discloses the server computing system, computer program product, and computer implemented method,
wherein the format comprises a web link to a webpage of an enterprise website that is relevant to the subject of the help request. (¶ 0033, 0035-0036, 0055-0056, 0084: Rubadeau discloses a response message can be generated and sent via the chat interface. The help system can automatically generate and send a response message to receiving a help request via the chat system. The response message can include a reference to the information resources associated with the help topic. The reference can include a link that directs the user to the information resource. The information resource can be contained in the response message as text, audio, video, or other suitable format. The system can display a first one of the resources and an option for the user to view another one of the resources.)
With respect to claim 22, 25, and 28, the combination of Rubadeau, Leaman, and Hao discloses the server computing system, computer program product, and computer implemented method,
wherein the format comprises text instructions providing help on the subject of the help request. (¶ 0030, 0033, 0035-0036, 0055-0056, 0084: Rubadeau discloses a response message can be generated and sent via the chat interface. Text/guide on how to troubleshoot a certain issue. The help system can automatically generate and send a response message to receiving a help request via the chat system. The response message can include a reference to the information resources associated with the help topic. The reference can include a link that directs the user to the information resource. The information resource can be contained in the response message as text, audio, video, or other suitable format. The system can display a first one of the resources and an option for the user to view another one of the resources.)
With respect to claims 23, 26, and 29, the combination of Rubadeau, Leaman, and Hao discloses the server computing system, computer program product, and computer implemented method,
wherein the format comprises an audio file providing help on the subject of the help request. (¶ 0030, 0033, 0035-0036, 0055-0056, 0084: Rubadeau discloses a response message can be generated and sent via the chat interface. The help system can automatically generate and send a response message to receiving a help request via the chat system. The response message can include a reference to the information resources associated with the help topic. The reference can include a link that directs the user to the information resource. The information resource can be contained in the response message as text, audio, video, or other suitable format. The system can display a first one of the resources and an option for the user to view another one of the resources.)
Response to Arguments
Applicant's arguments filed 09/15/2025 have been fully considered but they are not persuasive.
With Respect to Rejections Under 35 USC 101
Applicant argues “Applicant argues that the proposed amendments align the present claims with allowable Subject Matter Eligibility Examples 34 and 42. Example 34 describes the eligible claims in BASCOM Global Internet v. AT&T Mobility LLC, 119 USPQ2d 1236 (Fed. Cir. 2016) (hereafter “BASCOM). In BASCOM, the Federal Circuit held that the analysis under Step 2B (also called the “inventive concept inquiry”) requires more than determining that each additional claim element is well known by itself. Instead, an inventive concept can be found in the unconventional and non- generic combination of known elements, and that the claimed arrangement of elements in the system may result in an improvement in the relevant technology. Here, the following ordered combination of technical features renders the claims as presenting an inventive concept, and thus attaining subject matter eligibility.” The Examiner respectfully disagrees.
Contrary to the remarks, the claims remain ineligible under Step 2B of the analysis. It is important of applicant to note that MPEP 2106.07 indicates while it would be acceptable for applicants to cite training materials or examples in support of an argument for finding eligibility in an appropriate factual situation, applicants should not be required to model their claims or responses after the training materials or examples to attain eligibility. The evaluation of whether the claimed invention qualifies as patent-eligible subject matter should be made on a claim-by-claim basis, because claims do not automatically rise or fall with similar claims in an application.
In the instant case, the reply does not explain how any of the pending claims parallel the factual patterns or claims discussed in the BASCOM court decision. Considered as an ordered combination, the additional elements (i.e., see pgs. 4-5 above under Step 2A Prong Two) are no more than generic computer components and known techniques (See Specification Fig. 4, ¶ 0036-0052, 0074-0082) used as tools to perform the recited abstract idea. The sequence of data reception-analysis-modification-transmission-display-reception-and modification is equally generic and conventional or otherwise held to be abstract. See Ultramercial, Inc. v. Hulu, LLC, 772 F.3d 709, 715 (Fed. Cir. 2014) (sequence of receiving, selecting, offering for exchange, display, allowing access, and receiving payment recited an abstraction), Inventor Holdings, LLC v. Bed Bath & Beyond, Inc., 876 F.3d 1372, 1378 (Fed. Cir. 2017) (sequence of data retrieval, analysis, modification, generation, display, and transmission), Two-Way Media Ltd. v. Comcast Cable Commc’ns, LLC, 874 F.3d 1329, 1339 (Fed. Cir. 2017) (sequence of processing, routing, controlling, and monitoring). The ordering of the steps is therefore ordinary and conventional. The claim does not provide an inventive concept because the additional elements recited in the claim do not provide significantly more than the recited judicial exception. For these reasons, the rejections under 101 are being maintained.
Applicant further argues “Example 42 involves a network-based patient management method that collects, converts and consolidates patient information from various physicians and health-care providers into a standardized format, stores it in network-based storage devices, and generates messages notifying health care providers or patients whenever that information is updated. The claims recite a method that allows for users to access patients' medical records and receive updated patient information in real time from other users which is a method of managing interactions between people. The Office alleged that the claim as a whole recited a method of organizing human activity, and thus, the claim in Example 42 recited an abstract idea. The claim as a whole, however, integrates the method of organizing human activity into a practical application. Specifically, the additional elements recited a specific improvement over prior art systems by allowing remote users to share information in real time in a standardized format regardless of the format in which the information was input by the user. Thus, the claim was deemed eligible because it was not directed to the recited judicial exception (abstract idea).” The Examiner respectfully disagrees.
Contrary to the remarks, the reply does not explain how any of the pending claims parallel the factual patterns or claims discussed in the Training Example 42. The reply merely emphasizes the improvements discussed in the Training Example 42 but does not discuss any technical improvements, i.e., data formatting, related to the pending claims. Thus, the citations from Training example 42 are not applicable and cannot be relied upon to attain eligibility. For these reasons, the rejections under 101 are being maintained.
Applicant further argues “Here, Applicant argues that the ordered combination of technical features of claims 1, 8, and 15 confine the abstract idea to a particular, practical application of the abstract idea that is not well-understood, routine, or conventional activity. For example, representative independent claim 1 requires instructions for "...initiating a dedicated process to conduct an active virtual chat communication session by displaying a graphical user interface (GUI) as a chat interface on a user interface (UI) of the authenticated client device." This dedicated process enables a backend server system to efficiently conduct a help operation during an active virtual chat communication session in response to a user request for help. This the ordered combination of technical features serves to free up computing resources to perform other computing tasks. The executable instructions cause the server computing system to: retrieve a help file from stored digital files based on the specified help subject and the default help setting, analyze, by the trained ML model, the user help request, generate, for display on the chat interface via the chatbot, the retrieved help file in a format based on the specified help type, and generate and store a configuration file to be applied to future virtual chat communication sessions of the user, the configuration file including the default help setting. Claims 8 and 15 recite similar limitations and similarly integrate the method of organizing human activity into a practical application. Accordingly, reconsideration of the claims and withdrawal of the rejection is respectfully requested” The Examiner respectfully disagrees.
Contrary to the remarks, the specificity of the presently recited techniques in the claim does not automatically make the claims eligible. Viewed as a whole the claim does not define a specific technological improvement. Instead, applicant’s claim recites the concept of retrieving and displaying a help file for responding to a user’s request during a chat session. The user defines their settings and interacts with a chatbot then the method uses machine learning technology to analyze the user’s request to determine the appropriate help file to retrieve from storage. The claim merely recites the steps required by the user and generic computing components necessary to perform the abstract idea. For example, the chatbot and machine learning technology as claimed are recited at a high-level of generality. These additional elements are being used in their normal or ordinary capacity to carry out the abstract idea. The Specification and remaining remarks are silent as to any structural or inventive improvements in computer functionality related to the claimed system. For these reason, the rejections under 101 are being maintained.
With Respect to Rejections Under 35 USC 103
Applicant’s arguments with respect to claim(s) 1, 8, and 15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/EHRIN L PRATT/Examiner, Art Unit 3629
/LYNDA JASMIN/Supervisory Patent Examiner, Art Unit 3629