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 .
DETAILED ACTION
This action is a non-final office action on the merits.
Claim Rejections - 35 USC § 101
35 USC 101 not applicable at this point in view of consultation.
Claim Objections
Claim 1 “the sense of humans” lacks antecedent basis
Claim 13 – use of and/or and “for participation”, based on … “among other things”, …. These limitations are very broad, and/or is interpreted as “or” which is a choice, three and/or in the same claim tends to broaden any interpretation. For participation therein is intended use and “among other things” has minimal weight as it does not define what the other things are. The examiner is interpreting claim 13 to be an AI module/program with emotional abilities.
Claim 12 has some of the same issues as claim 13
Claim 5 utilizes so many and/or that it has minimal value as claimed. Interpreted as one of the choices such as “information”
Claim 11 likewise is written very generically “partially” could be a little bit, and/or is a choice….. etc.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-13 are rejected under 35 USC 112(b)
claim 1,….. it’s a method but no “ing” steps for any of the dependent claims…. A method requires steps whereas this claim appears to describe equipment and intended use.
Claims 2-11 are similar in that they depend on a method claim with no method and further do not have any method steps.
In regards to claims 12, 13, they depend on claim 1 which is not a correct method. These could be written as system or device claims.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 12, 13 rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: AI Module, Module in claims 1-12 and 13 , .
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-13 are rejected under 35 U.S.C. 102a1 as being anticipated by
US Patent Publication to Feinson 20190236464
As per claim 1, Feinson discloses;
A method for interaction with third parties in the sense of humans and/or devices and/or computer-based systems, comprising a computer-based artificial intelligence (Al) module and an input module and/or output module connected to the Al module, the input module and/or output module being integratable into a network for participation therein and interaction of the Al module with third parties, Fenision(0017 for participation like a human with humans) and decisions and output of the Al module being influenced by its emotional state (7), which is based, among other things, on fulfilling preferably parametrically predefinable needs (2) of the Al module. Fenison(0127 goal directed reasoning)
Claims 12 and 13 are similar to claim 1
As per claim 2 Feinson discloses; (Currently Amended). The method according to Claim 1, characterized in that the needs are determined or at least influenced by a preferably parametrically predefinable physicality of the Al module. Fenison(0137 emotional states)
As per claim 3 Feinson discloses;
The method according to . claim 1The method according to characterized in that the needs are determined or at least influenced by a preferably parametrically predefinable personality of the Al module. Fenison(0021, the AI can have a personality, 0022)
As per claim 4 Feinson discloses; The method according to Claim 3, characterized in that the personality of the Al module is determined or at least influenced by preferably parametrically predefinable values and rules . Fenison(0187, “or” is a choice…)
As per claim 5, Feinson discloses; The method according to Claim 1 characterized in that each need may preferably be fulfilled independently of the others by external circumstances and/or information and/or input from third parties interacting with the Al module, and a corresponding assessment module , which assesses external circumstances and/or information and/or input from third parties interacting with the Al module and adapts the state of fulfillment of the need , being assigned to each need . Fenison(0185, interpreted broadly as information due to the repetitive and/or)
As per claim 6 Feinson discloses; The method according to Claim 1 characterized in that a need and/or the state of fulfillment of a need are/is determined or at least influenced by the history of the fulfillment of the needs and/or the history of the emotional state.
Fenison(0187, pre-training, or inputting information and learning are part of the process)
As per claim 7 Feinson discloses; The method according to Claim 1, characterized in that the needs may be weighted differently, it preferably being possible for the weighting to be parametrically predefinable and/or adaptable by the Al module. Fenison(0184, predefinable templates)
As per claim 8 Feinson discloses; The method according to Claim 1 , characterized in that an imaging module transfers the fulfillment of the needs into an emotional state , the transfer being determined or at least influenced by the personality and/or the virtual physicality and/or other external circumstances and/or information . Fenison(0186 emotional state)
As per claim 9 Feinson discloses; The method according to Claim 1, characterized in that the output of the Al module is implemented in the form of communication and/or interaction with third parties in the sense of persons, devices, and/or systems, voice output, a technical action, and/or the control of a technical system, of a device, or of a method. (0016 0021)
As per claim 10 Feinson discloses; The method according to Claim 1, characterized in that a differentiation is made, preferably as a function of the personality into an internal emotional state and an external emotional state , using a filter module , the external emotional state influencing the output of the Al module that is discernible by third parties, and the internal emotional state influencing the decisions that are not discernible by third parties.
(0020)
As per claim 11 Feinson discloses;. The method according to Claim 1, characterized in that the Al module has only partial access to the needs (2) and/or the state of fulfillment of its needs (2) and/or the virtual physicality (1) and/or the values and rules (3) and/or its personality (4) and/or the function of the assessment module (5) and/or the translation function of the imaging module (6) and/or the emotional state (7), and/or is able to only partially control same. Feinson(0094, high or low variables are attributed to various features so that the AI does not know everything about the person for example which makes it more human)
Conclusion
Cognitive Automation—Survey of Novel Artificial General Intelligence Methods for the Automation of Human Technical Environments IEEE 2012
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Modelling and Analysing Behaviours and Emotions via Complex User Interactions, ARXIV 2019
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRUCE I EBERSMAN whose telephone number is (571)270-3442. The examiner can normally be reached 8:00 am - 5:00 pm Monday-Friday.
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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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/BRUCE I EBERSMAN/Primary Examiner, Art Unit 3693