DETAILED ACTION
This Final Office Action is in response to the application filed on 06/30/2023, the Amendment & Remark filed on 01/12/2026.
Status of Claims
Claims 1 and 19 are amended.
Claims 1, 2, 4, 5 and 9 -19 are pending.
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, 2, 4, 5 and 9 -19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
As an initial matter, the claims as a whole are to a method and a system, which falls within one or more statutory categories. (Step 1: YES) The recitation of the claimed invention is then further analyzed as follow, in which the abstract elements are boldfaced.
The claims recite:
A computer-implemented method for establishing a remote communication session, the method comprising the steps of:
a first device receiving a service request from a first communication session participant, the first device consisting of a teller machine or a cash dispenser device,
the first device displaying a first image, the first image comprising a menu of options available at the teller machine or the cash dispenser device,
initiating a communication session between the first device and a second device based on the service request, the second device comprising a user interface terminal, the second device located remotely from the first device,
the first device transmitting the first image to the second device,
the second device determining a second image based on the first image, the second image comprising a visual reproduction of the first image that is augmented to fit a display screen of the second device so that the visual reproduction fits a screen size of the display screen of the second device and
the second device displaying the second image to a second communication session participant, the second communication session participant comprising a bank teller.
wherein the service request comprises a request for assistance operating the first device.
wherein the first communication session participant comprises a customer.
wherein the method comprises the step of determining the second device based on the service request.
wherein the method comprises the step of the second device receiving user input data from the second communication session participant.
wherein the user input data comprises selection of one or more pixels on a display screen of the second device.
wherein the method comprises the step of the second device determining one or more corresponding pixels on a display screen of the first device.
wherein the method comprises the step of the second device determining a control message based on the one or more corresponding pixels.
wherein the method comprises the step of the second device transmitting the control message to the first device.
wherein the method comprises the step of the first device performing an action based on the control message to provide a required service to the first communication session participant.
wherein the method comprises the steps of: the second device determining an assistance message based on the user input data, and the second device transmitting the assistance message to the first device.
wherein the method comprises the step of the first device providing output data to the first communication session participant based on the assistance message.
wherein the output data comprises at least one of video data, image data, audio data, text data, or haptic data.
wherein the method comprises the step of the first device receiving user input data from the first communication session participant to control operation of the first device to receive a required service.
A data processing system for establishing a remote communication session, the system comprising a first device consisting of a teller machine or a cash dispenser device, the first device having a first processor, a second device comprising a user interface terminal, the second device located remotely from the first device, the second device having a second processor, and wherein the first a processor configured to:
receive a service request from a first communication session participant at the first device,
cause a first image to be displayed a first image at the first device, the first image comprising a menu of options available at the teller machine or the cash dispenser device,
initiate a communication session between the first device and the second device based on the service request, and
transmit the first image from the first device to the second device,
wherein the second processor is configured to:
determine a second image based on the first image, the second image comprising a visual reproduction of the first image,
cause the second image to be displayed at the second device to a second communication session participant, the second communication session participant comprising a bank teller.
Based on the limitations above, the claims describe a process that covers responding to service requests. Responding to service requests is considered to be managing of business relation, which falls within the “commercial interaction” subgrouping of the “Certain Methods of Organizing Human Activity” grouping of abstract ideas. As such, the claim(s) recite(s) a Judicial Exception. (Step 2A prong one: Yes)
This analysis then evaluates whether the claims as a whole integrates the recited Judicial Exception into a practical application of the exception. In particular, the claims recite the additional element(s) of “computer-implemented method”, “… device”, “… processor” “… device consisting of a teller machine or a cash dispenser device”, “one or more pixels on a display screen of the second device”, “corresponding pixels on a display screen of the … device”, “A data processing system … comprising a first device consisting of a teller machine or a cash dispenser device, a second device, and a processor configured to” as a mere tool to perform the receiving, displaying, initiating, transmitting and determining steps of the Judicial Exception, which encompasses no more than Mere Instruction to Apply.
For example, the limitation “a first device receiving a service request from a first communication session participant, the first device consisting of a teller machine or a cash dispenser device” encompasses no more than generically invoking a processor to apply the Judicial Exception step of receiving the service request from the first communication session participant;
the limitation “the first device displaying a first image, the first image comprising a menu of options available at the teller machine or the cash dispenser device” encompasses no more than generically invoking a processor to apply the Judicial Exception step of providing menu of options to the first communication session participant;
the limitation “initiating a communication session between the first device and a second device based on the service request, the second device comprising a user interface terminal, the second device located remotely from the first device” encompasses no more than generically invoking a processor to apply the Judicial Exception step of initiating the communication session between the first and second participant;
the limitation “the first device transmitting the first image to the second device” encompasses no more than generically invoking a processor to apply the Judicial Exception step of sending the first image from first participant to the second participant;
the limitation “the second device determining a second image based on the first image, the second image comprising a visual reproduction of the first image that is augmented to fit a display screen of the second device so that the visual reproduction fits a screen size of the display screen of the second device” encompasses no more than generically invoking a processor to apply the Judicial Exception step of determining a second image based on the first image;
the limitation “the second device displaying the second image to a second communication session participant, the second communication session participant comprising a bank teller” encompasses no more than generically invoking a processor to apply the Judicial Exception step of presenting the second image to the second participant – a bank teller;
the limitation “wherein the method comprises the step of determining the second device based on the service request” encompasses no more than generically invoking a processor to apply the Judicial Exception step of determining a second participant based on the service request;
the limitation “wherein the method comprises the step of the second device receiving user input data from the second communication session participant” encompasses no more than generically invoking a processor to apply the Judicial Exception step of receiving the user input data from the second participant;
the limitation “wherein the user input data comprises selection of one or more pixels on a display screen of the second device; wherein the method comprises the step of the second device determining one or more corresponding pixels on a display screen of the first device” encompasses no more than generically invoking a processor to apply the Judicial Exception step of determining one or more selection by the participant;
the limitation “wherein the method comprises the step of the second device determining a control message based on the one or more corresponding pixels” encompasses no more than generically invoking a processor to apply the Judicial Exception step of determining the control message based on the selected input;
the limitation “wherein the method comprises the step of the second device transmitting the control message to the first device” encompasses no more than generically invoking a processor to apply the Judicial Exception step of sending the control message to the first participant;
the limitation “wherein the method comprises the step of the first device performing an action based on the control message to provide a required service to the first communication session participant” encompasses no more than generically invoking a processor to apply the Judicial Exception step of performing an action based on the control message to provide the require service;
the limitation “wherein the method comprises the steps of: the second device determining an assistance message based on the user input data, and the second device transmitting the assistance message to the first device” encompasses no more than generically invoking a processor to apply the Judicial Exception step of determining an assistance message based on the user input data and sending the assistance message to the first participant;
the limitation “wherein the method comprises the step of the first device providing output data to the first communication session participant based on the assistance message; wherein the output data comprises at least one of video data, image data, audio data, text data, or haptic data” encompasses no more than generically invoking a processor to apply the Judicial Exception step of providing output data to the first participant based on the assistance message;
the limitation “wherein the method comprises the step of the first device receiving user input data from the first communication session participant to control operation of the first device to receive a required service” encompasses no more than generically invoking a processor to apply the Judicial Exception step of receiving user input data from the first participant to receive a require service;
Other than being generally linked to the steps of the Judicial Exception, the additional elements in the above step(s) is/are recited at a high-level of generality, without technological detail of how the particular steps are performed technologically.
The additional element(s) of “the second image comprising a visual reproduction of the first image that is augmented to fit a display screen of the second device so that the visual reproduction fits a screen size of the display screen of the second device” are generically recited to perform input/output steps described only by a result-oriented solution with insufficient detail for how the interface accomplish it. Such limitation is found to be mere instructions to implement the Judicial Exception idea on a computer.
Indeed, the instant claims (1) attempted to cover a solution to an identified problem with no restriction on how the result is accomplished and no description of the mechanism for accomplishing the result; (2) used of a computer or other machinery in its ordinary capacity for economic or other tasks or simply added a general purpose computer or computer components after the fact to the Judicial Exception and (3) generally applied the Judicial Exception to a generic computing environment without limitation indicative of practical application (See MPEP 2106.04(d)I). Thus, the claims are no more than Mere Instruction to Apply the Judicial Exception (See MPEP 2106.05(f)) or adding insignificant extra-solution activity to the judicial exception (See MPEP 2106.05(g)), which do not integrate the cited Judicial Exception into practical application (Step 2A prong two: No) The claims are directed to a Judicial Exception.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using one or more generic computing device to respond to service request amounts to no more than mere instructions to apply the exception using generic computer components. The recited ordered combination of additional elements includes invoking generic device in place of the communication between the first and second participants of banking service request. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. No additional element currently recited in the claims amount the claims to be significantly more than the cited abstract idea. (Step 2B: No)
Therefore, claims 1, 2, 4, 5 and 9 -19 are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
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, 2, 4, 5 and 9 -19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Calman. (US 2013/0201306) in view of Lilienthal et al. (US 2019/0020554)
As per claim 1, Calman teaches a method comprising:
a first device receiving a service request from a first communication session participant, the first device consisting of a teller machine or a cash dispenser device, (See Calman Paragraph 0006-0007, 0024, 0025, 0032-0033, 0051 and 0053)
the first device displaying a first image, the first image comprising a menu of options available at the teller machine or the cash dispenser device, (See Calman Paragraph 0006-0007, 0024, 0025, 0032-0033, 0035, 0051 and 0053, the user interface of an ATM having “a keypad, keyboard, touch-screen, touchpad, microphone, mouse, joystick, other pointer device, button, soft key, and/or other input device(s)” suggests displaying “a menu of options available at the teller machine or the cash dispenser device.”)
initiating a communication session between the first device and a second device based on the service request, the second device comprising a user interface terminal, the second device located remotely from the first device, (See Calman Paragraph 0006-0007, 0024, 0025, 0032-0033, 0051 and 0053)
the first device transmitting the first image to the second device, (See Calman Paragraph 0006-0007, 0024, 0025, 0032-0033, 0051 and 0053)
the second device determining a second image based on the first image, (See Calman Paragraph 0006-0007, 0024, 0025, 0032-0033, 0051 and 0053) and
the second device displaying the second image to a second communication session participant, the second communication session participant comprising a bank teller. (See Calman Paragraph 0006-0007, 0024, 0025, 0032-0033, 0051 and 0053, a business representative providing service to a customer at an ATM is functionally equivalent to a bank teller.)
Calman does not teach the second device determining a second image based on the first image that is augmented to fit a display screen of the second device so that the visual reproduction fits a screen size of the display screen of the second device, wherein the second image comprising a visual reproduction of the first image, wherein first image comprising a menu of options available.
However, Lilienthal teaches generating a screen on a remote assistance device to display current screen view of the customer device, in which the current screen view of the customer device includes a menu of options available. (See Lilienthal Paragraph 0096-0098 and Figure 6)
augmenting the screen view of the one device to fit the screen size of another device. (See Lilienthal Paragraph 0057. [T]he server dynamically sets an optimal resolution and compression rate based on the screen size of the customer device and its observed rate of acknowledging the transmission of data, indicating actual available throughput.)
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date to modify the remote assist ATM system taught by Calman with teaching from Lilienthal to render reproduction of the ATM interface image on a remote assistance device and to resize the image to fit the remote assistance device. One of ordinary skill in the art would have been motivated as screen sharing allows representative to better assist a customer to operate the ATM, while resizing to fit reduces missing image data caused by screen size difference.
As per claim 2, Calman in view of Lilienthal teaches:
wherein the service request comprises a request for assistance operating the first device. (See Calman Paragraph 0040)
As per claim 4, Calman in view of Lilienthal teaches:
wherein the first communication session participant comprises a customer. (See Calman Paragraph 0006-0007, 0024, 0025, 0032-0033, 0051 and 0053)
As per claim 5, Calman in view of Lilienthal teaches:
wherein the method comprises the step of determining the second device based on the service request. (See Calman Paragraph 0006-0007, 0024, 0025, 0032-0033, 0051 and 0053)
As per claim 9, Calman in view of Lilienthal teaches:
wherein the method comprises the step of the second device receiving user input data from the second communication session participant. (See Calman Paragraph 0006-0007, 0024, 0025, 0032-0033, 0051 and 0053 and Lilienthal Paragraph 0073, 0082 and 0101)
As per claim 10, Calman in view of Lilienthal teaches:
wherein the user input data comprises selection of one or more pixels on a display screen of the second device. (See Calman Paragraph 0006-0007, 0024, 0025, 0032-0033, 0051 and 0053 and Lilienthal Paragraph 0073, 0082 and 0101)
As per claim 11, Calman in view of Lilienthal teaches:
wherein the method comprises the step of the second device determining one or more corresponding pixels on a display screen of the first device. (See Calman Paragraph 0006-0007, 0024, 0025, 0032-0033, 0051 and 0053 and Lilienthal Paragraph 0073, 0082 and 0101)
As per claim 12, Calman in view of Lilienthal teaches:
wherein the method comprises the step of the second device determining a control message based on the one or more corresponding pixels. (See Calman Paragraph 0006-0007, 0024, 0025, 0032-0033, 0051 and 0053 and Lilienthal Paragraph 0073, 0082 and 0101)
As per claim 13, Calman in view of Lilienthal teaches:
wherein the method comprises the step of the second device transmitting the control message to the first device. (See Calman Paragraph 0006-0007, 0024, 0025, 0032-0033, 0051 and 0053 and Lilienthal Paragraph 0073, 0082 and 0101)
As per claim 14, Calman in view of Lilienthal teaches:
wherein the method comprises the step of the first device performing an action based on the control message to provide a required service to the first communication session participant. (See Calman Paragraph 0006-0007, 0024, 0025, 0032-0033, 0051 and 0053 and Lilienthal Paragraph 0073, 0082 and 0101)
As per claim 15, Calman in view of Lilienthal teaches:
wherein the method comprises the steps of: the second device determining an assistance message based on the user input data, and the second device transmitting the assistance message to the first device. (See Calman Paragraph 0006-0007, 0024, 0025, 0032-0033, 0051 and 0053 and Lilienthal Paragraph 0073, 0082 and 0101)
As per claim 16, Calman in view of Lilienthal teaches:
wherein the method comprises the step of the first device providing output data to the first communication session participant based on the assistance message. (See Calman Paragraph 0006-0007, 0024, 0025, 0032-0033, 0051 and 0053 and Lilienthal Paragraph 0073, 0082 and 0101)
As per claim 17, Calman in view of Lilienthal teaches:
wherein the output data comprises at least one of video data, image data, audio data, text data, or haptic data. (See Calman Paragraph 0006-0007, 0024, 0025, 0032-0033, 0051 and 0053)
As per claim 18, Calman in view of Lilienthal teaches:
wherein the method comprises the step of the first device receiving user input data from the first communication session participant to control operation of the first device to receive a required service. (See Calman Paragraph 0006-0007, 0024, 0025, 0032-0033, 0051 and 0053 and Lilienthal Paragraph 0073, 0082 and 0101)
As per claim 19, Calman discloses a system comprising:
a first device consisting of a teller machine or a cash dispenser device, the first device having a first processor, a second device comprising a user interface terminal, the second device located remotely from the first device, the second device having a second processor, and wherein the first a processor configured to:
receive a service request from a first communication session participant at the first device, (See Calman Paragraph 0006-0007, 0024, 0025, 0032-0033, 0051 and 0053)
display a first image at the first device, (See Calman Paragraph 0006-0007, 0024, 0025, 0032-0033, 0051 and 0053)
cause a first image to be displayed a first image at the first device, the first image comprising a menu of options available at the teller machine or the cash dispenser device, (See Calman Paragraph 0006-0007, 0024, 0025, 0032-0033, 0035, 0051 and 0053, the user interface of an ATM having “a keypad, keyboard, touch-screen, touchpad, microphone, mouse, joystick, other pointer device, button, soft key, and/or other input device(s)” suggests displaying “a menu of options available at the teller machine or the cash dispenser device.”)
initiate a communication session between the first device and the second device based on the service request, (See Calman Paragraph 0006-0007, 0024, 0025, 0032-0033, 0051 and 0053)
transmit the first image from the first device to the second device, (See Calman Paragraph 0006-0007, 0024, 0025, 0032-0033, 0051 and 0053)
wherein the second processor is configured to:
determine a second image based on the first image,, (See Calman Paragraph 0006-0007, 0024, 0025, 0032-0033, 0051 and 0053) and
cause the second image to be displayed at the second device to a second communication session participant, the second communication session participant comprising a bank teller. (See Calman Paragraph 0006-0007, 0024, 0025, 0032-0033, 0051 and 0053, a business representative providing service to a customer at an ATM is functionally equivalent to a bank teller.)
Calman does not teach the second device determining a second image based on the first image that is augmented to fit a display screen of the second device so that the visual reproduction fits a screen size of the display screen of the second device, wherein the second image comprising a visual reproduction of the first image, wherein first image comprising a menu of options available.
However, Lilienthal teaches generating a screen on a remote assistance device to display current screen view of the customer device, in which the current screen view of the customer device includes a menu of options available. (See Lilienthal Paragraph 0096-0098 and Figure 6)
augmenting the screen view of the one device to fit the screen size of another device. (See Lilienthal Paragraph 0057. [T]he server dynamically sets an optimal resolution and compression rate based on the screen size of the customer device and its observed rate of acknowledging the transmission of data, indicating actual available throughput.)
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date to modify the remote assist ATM system taught by Calman with teaching from Lilienthal to render reproduction of the ATM interface image on a remote assistance device and to resize the image to fit the remote assistance device. One of ordinary skill in the art would have been motivated as screen sharing allows representative to better assist a customer to operate the ATM, while resizing to fit reduces missing image data caused by screen size difference.
Response to Arguments
Applicant's arguments filed on 01/12/2026 have been fully considered but they are not persuasive.
Regarding the applicant’s argument that the claims do not merely cover the Judicial Exception “but to a specific technological improvement in the field of computer-based image processing and cross-device graphical interface reproduction”, the examiner respectfully disagrees. As explained in the rejection, the “augment to fit” is recited completely in a “result-oriented” manner without technological detail on how it is achieved. It is either this “augment to fit” feature is a technology so well-known that the applicant require no further disclosure describing the technology to achieve the result, or the written description failed to describe the invention the applicant claimed to have invented. The examiner noted that image scaling is a long existing technology and that applying this existing technology to the Judicial Exception of providing customer assistance at best improves the Judicial Exception because the mere usage of a technology does not improve the technology. As such, the argument is not persuasive.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHO KWONG whose telephone number is (571)270-7955. The examiner can normally be reached 9am - 5pm EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL W ANDERSON can be reached at 571-270-0508. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHO YIU KWONG/Primary Examiner, Art Unit 3693