DETAILED ACTION
Notice of AIA Status
The present application, filed on 06/14/2023, is being examined under the AIA first inventor to file provisions.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/09/2026 has been entered with the RCE filed 2/25/26.
Status of Claims
The following is a non-final Office Action in response to Applicant’s amendments filed on 02/09/2026.
Claims 1, 9, 17 are amended
Claims 7, 15, 20 are cancelled
Overall, Claims 1-6, 8-14, 16-19 are pending and have been considered below.
Priority
The applicant claims priority to provisional application 63/366,356 and 63/366,345, both filed on 06/14/2022. The priority is acknowledged.
Claim Objections
Claim 1, 9, 17 objected to because of the following informalities:
Claim 1 recites “retrieving, by the computer program and from the computer program, the saved state of the interaction; and” should read “retrieving, by the computer program, the saved state of the interaction; and”. Claim 9 recites “the computer program on the backend electronic device retrieves the saved state of the interaction from the computer program;” should read “the computer program on the backend electronic device retrieves the saved state of the interaction;” Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 USC 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 1-20 are rejected under 35 USC 101 because the claimed invention is not directed to patent eligible subject matter. The claimed matter is directed to a judicial exception, i.e. an abstract idea, not integrated into a practical application, and without significantly more.
Per Step 1 of the multi-step eligibility analysis, claims 1-8 are directed to a computer implemented method, claims 9-16 are directed to a system, and claims 17-20 are directed to a computer executable instructions stored on a non-transitory storage medium.
Thus, on its face, each independent claim and the associated dependent claims are directed to a statutory category of invention.
Per Step 2A.1. Claim 1 is rejected under 35 USC 101 because the claim is directed to an abstract idea, a judicial exception, without reciting additional elements that integrate the judicial exception into a practical application.
The limitations of the independent claim 1 recite an abstract idea, shown in bold below:
[A] A method for continuing interactions across modalities and technologies, comprising:
[B] receiving, by a computer program executed by a backend electronic device and from an in-person digital assistant, identifying information for a customer that is interacting with the in-person digital assistant on a first electronic device;
[C] identifying, by the computer program, the customer using the identifying information received from the in-person digital assistant;
[D] receiving, by the computer program, a state of the interaction for the interaction from the in-person digital assistant device and saving the state of the interaction;
[E] receiving, by the computer program and from a metaverse digital assistant executed by a second electronic device, the identifying information;
[F] identifying, by the computer program, the customer using the identifying information;
[G] applying, by the computer program, a risk rule to the interaction, wherein the risk rule prevents the interaction from continuing on the second electronic device in response to it being impossible for the customer to be physically present on the first electronic device and the second electronic device;
[H] retrieving, by the computer program the saved state of the interaction; and
[I] communicating, by the computer program, the saved state of the interaction to the metaverse digital assistant;
[J] wherein the second electronic device is configured to continue the interaction with the customer using the saved state of interaction.
Claim 1 recites: receiving identifying information associated with the customer ([B], [E]); identifying the customer ([C], [F]); receiving and saving the state of interaction ([D]); applying risk rule ([G]); retrieving and communicating the save state information ([H]-[I]); and continue the interaction with the customer ([J]), which, based on the claim language and in view of the application disclosure, represents enabling a means for managing user information.
The overall combination, covers agreement in the form of sales activities or behaviors, business relationships (e-commerce), mitigating risk, because the claim language recites identifying the user and interacting with the user, and limiting access control. The applicant’s specification on [0003] recites “transfer of funds from one account to another that requires the customer to be present to execute the transaction.” The one of skill in the art can determine, the user is performing a transaction based on the paragraph. Furthermore, the applicant’s specification on [0051] recites “computer program 135 may implement certain risk rules before allowing the interaction to continue. For example, computer program 135 may prevent “impossible travel” where a customer is prevented from continuing an interaction initiated on customer electronic device 110 at a physical location if, based on the location of customer electronic device 110, indicates that it would be impossible for the customer to be at a physical location.” The one of skill in the art can determine that this a risk management as it limits the user access control based on the location. Additionally, the recited limitation above falls under Certain Methods of Organizing Human Activity, i.e., Commercial or Legal Interactions and Fundamental economic principals or practices grouping of abstract ideas (see MPEP 2106.04(a)(2)).
Accordingly, it is reasonable to conclude that claim 1 recites an abstract idea that corresponds to a judicial exception.
Alternatively, the overall covers agreement in the form of observation, evaluation because the claim language recites receiving identifying information, identifying the customer, receiving interaction, saving the interaction, and continue the interaction. The steps for receiving identifying information, and identifying the customer can be performed manually or mentally, as it would require one user to collect identifying information and observing the customer to identify them. Additionally, the step for receiving, saving, and continuing the interaction can be performed manually or mentally, as it would require one user to observe the customer’s action, memorize their action and continuing assisting the customer. These limitations fall under the Mental Processes, i.e., Concepts Performed in the Human Mind grouping of abstract ideas (see MPEP 2106.04(a)(2)).
Accordingly, it is reasonable to conclude that claim 1 recites an abstract idea that corresponds to a judicial exception.
Per Step 2A.2. The identified abstract idea is not integrated into a practical application because the additional elements in the independent claims only amount to instructions to apply the judicial exception to a computer, or are a general link to a technological environment (see MPEP 2106.05(f); MPEP 2106.05(h)). For example, the added elements “computer program,” “electronic device,” “in-person digital,” “metaverse digital,” “device” recite computing elements at a high level of generality, which is equivalent to instructions to implement the abstract idea “by a computer” or “on a computer.” These additional elements do not preclude from carrying out the identified abstract idea of enabling a system for managing user information. Therefore, those additional elements do not serve to integrate the identified abstract idea into a practical application.
The additional elements in the independent claims, shown not bolded above, recite: computer program ([B]-[I]), electronic device ([B], [E], [G], [J]), in-person digital ([B]-[D]), metaverse digital ([E]-[I]), device ([D]). When considered individually or as an ordered combination, they amount to nothing more than reception, transmission and/or general computation of claim elements that serves merely to implement the abstract idea using computing components for performing computer functions (adding the words “apply it” or an equivalent), or merely uses a computer as a tool to perform the identified abstract idea.
Therefore, the additional steps of claim 1 do not integrate the identified abstract idea into a practical application and the claims remain a judicial exception.
Per Step 2B. Claim 1 does not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when the independent claim is reevaluated as a whole, as an ordered combination under the considerations of Step 2B, the outcome is the same like under Step 2A.2.
Therefore, when considered as a whole and as an ordered combination, the additional elements in the claim amount to instructions to apply the abstract idea on a computer. Moreover, as noted above, there is nothing the computing and additional elements (limitations [B]-[J]), that is significant or meaningful to the underlying abstract idea because the identified abstract idea of managing user information could have been reasonably performed when provided with the relevant data and/or information. Therefore, it is concluded that independent claim 1 is deemed ineligible.
Per Step 2A.1. Claim 9 is rejected under 35 USC 101 because the claim is directed to an abstract idea, a judicial exception, without reciting additional elements that integrate the judicial exception into a practical application.
The limitations of the independent claim 9 recite an abstract idea, shown in bold below:
[A] A system, comprising:
[B] a first electronic device executing an in-person digital assistant;
[C] a second electronic device executing a metaverse digital assistant; and
[D] a backend electronic device executing a computer program; wherein:
[E] the in-person digital assistant receives an interaction from a customer;
[F] the in-person digital assistant receives identifying information from the customer;
[G] the in-person digital assistant provides the identifying information to the computer program;
[H] the computer program identifies the customer using the identifying information;
[I] the computer program receives a state of the interaction for the interaction from the in-person digital assistant and saves the state of the interaction;
[J] the metaverse digital assistant receives the identifying information from the customer;
[K] the metaverse digital assistant provides the identifying information to the computer program on a backend electronic device;
[L] the computer program identifies the customer using the identifying information;
[M] the computer program applies a risk rule to the interaction, wherein the risk rule prevents the interaction from continuing on the second electronic device in response to it being impossible for the customer to be physically present on the first electronic device and the second electronic device;
[N] the computer program on the backend electronic device retrieves the saved state of the interaction
[O] the computer program on the backend electronic device communicates the saved state of the interaction to the metaverse digital assistant; and
[P] the second electronic device continues the interaction with the customer.
Claim 9 recites: receiving state of interaction ([E]); receiving and providing identifying information ([F], [G]); identifying customer ([H], [L]); applying risk rule ([M]); retrieving and communicating with the saved ([N], [O]); continue interaction with customer ([P]), which, based on the claim language and in view of the application disclosure, represents enabling a means for managing user information.
The overall combination, covers agreement in the form of sales activities or behaviors, business relationships (e-commerce), mitigating risk, because the claim language recites identifying the user and interacting with the user, and limiting access control. The applicant’s specification on [0003] recites “transfer of funds from one account to another that requires the customer to be present to execute the transaction.” The one of skill in the art can determine, the user is performing a transaction based on the paragraph. Furthermore, the applicant’s specification on [0051] recites “computer program 135 may implement certain risk rules before allowing the interaction to continue. For example, computer program 135 may prevent “impossible travel” where a customer is prevented from continuing an interaction initiated on customer electronic device 110 at a physical location if, based on the location of customer electronic device 110, indicates that it would be impossible for the customer to be at a physical location.” The one of skill in the art can determine that this a risk management as it limits the user access control based on the location. Additionally, the recited limitation above falls under Certain Methods of Organizing Human Activity, i.e., Commercial or Legal Interactions and Fundamental economic principals or practices grouping of abstract ideas (see MPEP 2106.04(a)(2)).
Accordingly, it is reasonable to conclude that claim 9 recites an abstract idea that corresponds to a judicial exception.
Alternatively, the overall covers agreement in the form of observation, evaluation because the claim language recites receiving identifying information, identifying the customer, receiving interaction, saving the interaction, and continue the interaction. The steps for receiving identifying information, and identifying the customer can be performed manually or mentally, as it would require one user to collect identifying information and observing the customer to identify them. Additionally, the step for receiving, saving, and continuing the interaction can be performed manually or mentally, as it would require one user to observe the customer’s action, memorize their action and continuing assisting the customer. These limitations fall under the Mental Processes, i.e., Concepts Performed in the Human Mind grouping of abstract ideas (see MPEP 2106.04(a)(2)).
Accordingly, it is reasonable to conclude that claim 9 recites an abstract idea that corresponds to a judicial exception.
Per Step 2A.2. The identified abstract idea is not integrated into a practical application because the additional elements in the independent claims only amount to instructions to apply the judicial exception to a computer, or are a general link to a technological environment (see MPEP 2106.05(f); MPEP 2106.05(h)). For example, the added elements “computer program,” “electronic device,” “in-person digital,” “metaverse digital,” recite computing elements at a high level of generality, which is equivalent to instructions to implement the abstract idea “by a computer” or “on a computer.” These additional elements do not preclude from carrying out the identified abstract idea of enabling a system for managing user information. Therefore, those additional elements do not serve to integrate the identified abstract idea into a practical application.
The additional elements in the independent claims, shown not bolded above, recite: computer program ([H]-[I], [K]-[O]), electronic device ([B]-[D], [K], [M]-[P]), in-person digital ([B], [E]-[G], [I]), metaverse digital ([C], [J]-[K]). When considered individually or as an ordered combination, they amount to nothing more than reception, transmission and/or general computation of claim elements that serves merely to implement the abstract idea using computing components for performing computer functions (adding the words “apply it” or an equivalent), or merely uses a computer as a tool to perform the identified abstract idea.
Therefore, the additional steps of claim 9 do not integrate the identified abstract idea into a practical application and the claims remain a judicial exception.
Per Step 2B. Claim 9 does not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when the independent claim is reevaluated as a whole, as an ordered combination under the considerations of Step 2B, the outcome is the same like under Step 2A.2.
Therefore, when considered as a whole and as an ordered combination, the additional elements in the claim amount to instructions to apply the abstract idea on a computer. Moreover, as noted above, there is nothing the computing and additional elements (limitations [B]-[P]), that is significant or meaningful to the underlying abstract idea because the identified abstract idea of managing user information could have been reasonably performed when provided with the relevant data and/or information. Therefore, it is concluded that independent claim 9 is deemed ineligible.
Per Step 2A.1. Claim 17 is rejected under 35 USC 101 because the claim is directed to an abstract idea, a judicial exception, without reciting additional elements that integrate the judicial exception into a practical application.
The limitations of the independent claim 17 recite an abstract idea, shown in bold below:
[A] receiving, from an in-person digital assistant, identifying information for a customer that is interacting with the in-person digital assistant on a first electronic device;
[B] identifying the customer using the identifying information received from the in-person digital assistant;
[C] receiving a state of the interaction for the interaction from the in-person digital assistant device and saving the state of the interaction;
[D] receiving, from a metaverse digital assistant executed by a second electronic device, the identifying information;
[E] identifying the customer using the identifying information received from the metaverse digital assistant;
[F] applying a risk rule to the interaction, wherein the risk rule prevents the interaction from continuing on the second electronic device in response to it being impossible for the customer to be physically present on the first electronic device and the second electronic device;
[F] retrieving the saved state of the interaction; and
[G] communicating the saved state of the interaction to the metaverse digital assistant;
[H] wherein the second electronic device continues the interaction with the customer in a metaverse/web 3.0 environment.
Claim 17 recites: receiving identifying information ([A]); identifying the customer ([B], [E]); saving the state of interaction ([C]); retrieving and communicating with the saved state ([F], [G]); continue interaction with customer ([I]), which, based on the claim language and in view of the application disclosure, represents enabling a means for managing user information.
The overall combination, covers agreement in the form of sales activities or behaviors, business relationships (e-commerce), mitigating risk, because the claim language recites identifying the user and interacting with the user, and limiting access control. The applicant’s specification on [0003] recites “transfer of funds from one account to another that requires the customer to be present to execute the transaction.” The one of skill in the art can determine, the user is performing a transaction based on the paragraph. Furthermore, the applicant’s specification on [0051] recites “computer program 135 may implement certain risk rules before allowing the interaction to continue. For example, computer program 135 may prevent “impossible travel” where a customer is prevented from continuing an interaction initiated on customer electronic device 110 at a physical location if, based on the location of customer electronic device 110, indicates that it would be impossible for the customer to be at a physical location.” The one of skill in the art can determine that this a risk management as it limits the user access control based on the location. Additionally, the recited limitation above falls under Certain Methods of Organizing Human Activity, i.e., Commercial or Legal Interactions and Fundamental economic principals or practices grouping of abstract ideas (see MPEP 2106.04(a)(2)).
Accordingly, it is reasonable to conclude that claim 17 recites an abstract idea that corresponds to a judicial exception.
Alternatively, the overall covers agreement in the form of observation, evaluation because the claim language recites receiving identifying information, identifying the customer, receiving interaction, saving the interaction, and continue the interaction. The steps for receiving identifying information, and identifying the customer can be performed manually or mentally, as it would require one user to collect identifying information and observing the customer to identify them. Additionally, the step for receiving, saving, and continuing the interaction can be performed manually or mentally, as it would require one user to observe the customer’s action, memorize their action and continuing assisting the customer. These limitations fall under the Mental Processes, i.e., Concepts Performed in the Human Mind grouping of abstract ideas (see MPEP 2106.04(a)(2)).
Accordingly, it is reasonable to conclude that claim 17 recites an abstract idea that corresponds to a judicial exception.
Per Step 2A.2. The identified abstract idea is not integrated into a practical application because the additional elements in the independent claims only amount to instructions to apply the judicial exception to a computer, or are a general link to a technological environment (see MPEP 2106.05(f); MPEP 2106.05(h)). For example, the added elements “electronic device,” “in-person digital,” “metaverse digital,” “device,” “metaverse/web 3.0 environment” recite computing elements at a high level of generality, which is equivalent to instructions to implement the abstract idea “by a computer” or “on a computer.” These additional elements do not preclude from carrying out the identified abstract idea of enabling a system for managing user information. Therefore, those additional elements do not serve to integrate the identified abstract idea into a practical application.
The additional elements in the independent claims, shown not bolded above, recite: electronic device ([D], [F]), in-person digital ([A]-[C]), metaverse digital ([D]-[E], [G]), device ([C]), metaverse/web 3.0 environment ([H]). When considered individually or as an ordered combination, they amount to nothing more than reception, transmission and/or general computation of claim elements that serves merely to implement the abstract idea using computing components for performing computer functions (adding the words “apply it” or an equivalent), or merely uses a computer as a tool to perform the identified abstract idea.
Therefore, the additional steps of claim 17 do not integrate the identified abstract idea into a practical application and the claims remain a judicial exception.
Per Step 2B. Claim 17 does not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when the independent claim is reevaluated as a whole, as an ordered combination under the considerations of Step 2B, the outcome is the same like under Step 2A.2.
Therefore, when considered as a whole and as an ordered combination, the additional elements in the claim amount to instructions to apply the abstract idea on a computer. Moreover, as noted above, there is nothing the computing and additional elements (limitations [A]-[H]), that is significant or meaningful to the underlying abstract idea because the identified abstract idea of managing user information could have been reasonably performed when provided with the relevant data and/or information. Therefore, it is concluded that independent claim 17 is deemed ineligible.
Dependent Claims: Claims 2-8, 10-16, 18-20 are analyzed for subject matter eligibility. However, these claims fails to recite patent eligible subject matter for following reasons:
Claim 2, recites the following bolded claim elements as abstract ideas while the non-bolded claim elements recites additional elements according to MPEP 2106.04(a). The claim further recites:
[A] wherein the state of the interaction comprises an authentication status of the customer and an identification of a transaction being conducted.
The claim further recites the abstract idea of identifying authenticating status. In other words, it recites limitation grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The non-bolded additional elements fail to recite a practical application or significantly more than the abstract idea because it merely serves as a tool to perform the abstract idea (MPEP 2106.05(f)).
Claim 3, recites the following bolded claim elements as abstract ideas while the non-bolded claim elements recites additional elements according to MPEP 2106.04(a). The claim further recites:
[A] authenticating, by the computer program, the customer using the identifying information received from the in-person digital assistant; and
[B] authenticating, by the computer program, the customer using the identifying information received from the metaverse digital assistant.
The claim further recites the abstract idea of authenticating customer. In other words, it recites limitation grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The non-bolded additional elements fail to recite a practical application or significantly more than the abstract idea because it merely serves as a tool to perform the abstract idea (MPEP 2106.05(f)).
Claim 4, recites the following bolded claim elements as abstract ideas while the non-bolded claim elements recites additional elements according to MPEP 2106.04(a). The claim further recites:
[A] wherein the in-person digital assistant comprises a digital person, a chat interface, or a voice response interface.
The claim further recites the abstract idea of implementing assistant. In other words, it recites limitation grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The non-bolded additional elements fail to recite a practical application or significantly more than the abstract idea because it merely serves as a tool to perform the abstract idea (MPEP 2106.05(f)).
Claim 5, recites the following bolded claim elements as abstract ideas while the non-bolded claim elements recites additional elements according to MPEP 2106.04(a). The claim further recites:
[A] wherein the first electronic device comprises a mobile electronic device.
The non-bolded additional elements fail to recite a practical application or significantly more than the abstract idea because it merely serves as a tool to perform the abstract idea (MPEP 2106.05(f)).
Claim 6, recites the following bolded claim elements as abstract ideas while the non-bolded claim elements recites additional elements according to MPEP 2106.04(a). The claim further recites:
[A] wherein the second electronic device continues the interaction in a metaverse/web 3.0 environment.
The claim further recites the abstract idea of continuing the interaction. In other words, it recites limitation grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The non-bolded additional elements fail to recite a practical application or significantly more than the abstract idea because it merely serves as a tool to perform the abstract idea (MPEP 2106.05(f)).
Claim 8, recites the following bolded claim elements as abstract ideas while the non-bolded claim elements recites additional elements according to MPEP 2106.04(a). The claim further recites:
[A] wherein the in-person digital assistant and the metaverse digital assistant are of the same form.
Claim 10, recites the following bolded claim elements as abstract ideas while the non-bolded claim elements recites additional elements according to MPEP 2106.04(a). The claim further recites:
[A] wherein the state of the interaction comprises an authentication status of the customer and an identification of a transaction being conducted.
The claim further recites the abstract idea of identifying authenticating status. In other words, it recites limitation grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The non-bolded additional elements fail to recite a practical application or significantly more than the abstract idea because it merely serves as a tool to perform the abstract idea (MPEP 2106.05(f)).
Claim 11, recites the following bolded claim elements as abstract ideas while the non-bolded claim elements recites additional elements according to MPEP 2106.04(a). The claim further recites:
[A] authenticating, by the computer program, the customer using the identifying information received from the in-person digital assistant and authenticating, by the computer program, the customer using the identifying information received from the metaverse digital assistant.
The claim further recites the abstract idea of authenticating customer. In other words, it recites limitation grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The non-bolded additional elements fail to recite a practical application or significantly more than the abstract idea because it merely serves as a tool to perform the abstract idea (MPEP 2106.05(f)).
Claim 12, recites the following bolded claim elements as abstract ideas while the non-bolded claim elements recites additional elements according to MPEP 2106.04(a). The claim further recites:
[A] wherein the in-person digital assistant comprises a digital person, a chat interface, or a voice response interface.
The claim further recites the abstract idea of implementing assistant. In other words, it recites limitation grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The non-bolded additional elements fail to recite a practical application or significantly more than the abstract idea because it merely serves as a tool to perform the abstract idea (MPEP 2106.05(f)).
Claim 13, recites the following bolded claim elements as abstract ideas while the non-bolded claim elements recites additional elements according to MPEP 2106.04(a). The claim further recites:
[A] wherein the first electronic device comprises a mobile electronic device.
The non-bolded additional elements fail to recite a practical application or significantly more than the abstract idea because it merely serves as a tool to perform the abstract idea (MPEP 2106.05(f)).
Claim 14, recites the following bolded claim elements as abstract ideas while the non-bolded claim elements recites additional elements according to MPEP 2106.04(a). The claim further recites:
[A] wherein the second electronic device continues the interaction in a metaverse/web 3.0 environment.
The claim further recites the abstract idea of continuing the interaction. In other words, it recites limitation grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The non-bolded additional elements fail to recite a practical application or significantly more than the abstract idea because it merely serves as a tool to perform the abstract idea (MPEP 2106.05(f)).
Claim 16, recites the following bolded claim elements as abstract ideas while the non-bolded claim elements recites additional elements according to MPEP 2106.04(a). The claim further recites:
[A] wherein the in-person digital assistant and the metaverse digital assistant are of the same form.
The claim further recites the abstract idea of applying risk rule. In other words, it recites limitation grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The non-bolded additional elements fail to recite a practical application or significantly more than the abstract idea because it merely serves as a tool to perform the abstract idea (MPEP 2106.05(f)).
Claim 18, recites the following bolded claim elements as abstract ideas while the non-bolded claim elements recites additional elements according to MPEP 2106.04(a). The claim further recites:
[A] wherein the state of the interaction comprises an authentication status of the customer and an identification of a transaction being conducted.
The claim further recites the abstract idea of identifying authenticating status. In other words, it recites limitation grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The non-bolded additional elements fail to recite a practical application or significantly more than the abstract idea because it merely serves as a tool to perform the abstract idea (MPEP 2106.05(f)).
Claim 19, recites the following bolded claim elements as abstract ideas while the non-bolded claim elements recites additional elements according to MPEP 2106.04(a). The claim further recites:
[A] wherein the in-person digital assistant comprises a digital person, a chat interface, or a voice response interface.
The claim further recites the abstract idea of implementing assistant. In other words, it recites limitation grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The non-bolded additional elements fail to recite a practical application or significantly more than the abstract idea because it merely serves as a tool to perform the abstract idea (MPEP 2106.05(f)).
When the dependent claims are considered as a whole, as an ordered combination, the claim elements noted above appear to merely apply the abstract concept to a technical environment in a very general sense, i.e., a computer receives information from the user, processes that information and then sends the information. The most significant elements of the claims, that is the elements that really outline the inventive elements of the claims, are set forth in the elements identified in the independent claims as an abstract idea. The fact that the computing devices are facilitating the abstract concept is not enough to confer subject matter eligibility. Overall, the further elements do not confer subject matter eligibility to the invention since their individual and combined significance are not changing the nature of the abstract concepts at the core of the claimed invention. Therefore, it is concluded that the dependent claims of the instant application do not amount to significantly more. (See MPEP 2106.05).
In sum, Claims 1-6, 8-14, 16-19 are rejected under 35 USC 101 as being directed to non-statutory subject matter.
Claim Rejections - 35 USC § 103
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 difference 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 the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) are summarized as follows:
i. Determining the scope and contents of the prior art.
ii. Ascertaining the differences between the prior art and the claims at issue.
iii. Resolving the level of ordinary skill in the pertinent art.
iv. Considering objective evidence present in the application indicating obviousness or non-obviousness.
Claims 1, 3-6, 8, 9, 11-14, 16, 17, 19 are rejected under 35 U.S.C. 103 as being unpatentable over Singh (US 20160308980 A1), in view of Gillis (US 20230376969 A1), in further view of Mahaffey (US20180068309 A1).
Regarding Claim 1. Singh discloses:
receiving, by a computer program executed by a backend electronic device and from an in-person digital assistant, identifying information for a customer that is interacting with the in-person digital assistant on a first electronic device; [see at least (0029) The user enters the alphanumeric code ‘qW19zC’ on the mobile phone 206 upon establishing a contact with the customer service center]
identifying, by the computer program, the customer using the identifying information received from the in-person digital assistant; [see at least (0029) the session identifier may authenticate the user on the mobile phone 206 and uniquely identify the device-based interaction]
receiving, by the computer program, a state of the interaction for the interaction from the in-person digital assistant device and saving the state of the interaction; [see at least (0015) Interaction is stored using an interaction data model (IDM) …The interaction data in this case is previous channel information (e.g. device=desktop, timestamps=interaction start/pause, interaction duration, task type (e.g. purchase of a device), ip, and location) … the cloud 110 may also be configured to store an on-going device based interaction. The users, such as users 102 and 104, may access the cloud 110 through the network 108.]
receiving, by the computer program and from … executed by a second electronic device, the identifying information; [see at least (0029) the session identifier may authenticate the user on the mobile phone 206 and uniquely identify the device-based interaction.]
identifying, by the computer program, the customer using the identifying information; [see at least (0029)the session identifier may authenticate the user on the mobile phone 206 and uniquely identify the device-based interaction. (0030) when the user transitions to a new device, the preceding device detects that the user has logged into the new device and asks the user if the user wants to continue the device-based interaction on the new device and end the device-based interaction on the preceding device.]
retrieving, by the computer program and from the computer program, the saved state of the interaction; and [see at least (0029) context may further be established by receiving the device-based interaction stored on the cloud 110]
NOTE: As discussed in the objection above, the phrase “by the computer program and from the computer program” appears to have replaced “by the computer program and from the interactive voice response system.” The limitation is being interpreted as the computer program retrieving the appropriate data and then accessing that data from itself once retrieved, which is taught by the cited portion of Singh.
wherein the second electronic device is configured to continue the interaction with the customer using the saved state of interaction. [see at least (0038) seamless transitioning of device-based interaction to the different device, at 408, a continuation of the device-based interaction on the different device may be facilitated]
Singh discloses user interaction with an assistant, however, Singh does not disclose:
receiving, by the … a metaverse digital assistant executed by a second electronic device, the identifying information;
applying, by the computer program, a risk rule to the interaction, wherein the risk rule prevents the interaction from continuing on the second electronic device in response to it being impossible for the customer to be physically present on the first electronic device and the second electronic device;
communicating, by the computer program, the saved state of the interaction to the metaverse digital assistant;
Nonetheless, Gillis uses computer program to implement metaverse digital assistant to assist user discloses:
receiving, by the … a metaverse digital assistant executed by a second electronic device, the identifying information; [see at least (0032) The service representative may control one or more service avatars within the metaverse. Any suitable authentication methods may be used, such as one-time passwords, passwords, multi-factor authentication, PINs, biometric attributes, and any other suitable authentication method (reads on: identifying information for authentication would the one-time passwords, passwords, multi-factor authentication, PINs, biometric attributes, etc.). (0033) The service representative may transmit the request when the service representative desires to be authenticated within the metaverse, e.g., when the service representative plans on assisting other users within the metaverse.]
communicating, by the computer program, the saved state of the interaction to the metaverse digital assistant; [see at least (0010) The service avatar may move (virtually, within the metaverse) near the user avatar and transmit assistance from the service representative to the service avatar, which may then display or communicate that assistance in the metaverse. Assistance may take any appropriate form, such as text, speech (audio), video, backend computer assistance, etc. (0026) The program may act as an interface between the service representative and the service avatar by transmitting one or more interactions from the service representative to the service avatar.]
In addition, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify the features of Singh to include the features of Gillis. One would have been motivated to do so, in order to enable user service interaction continuation across different devices. Singh discloses persisting and resuming customer’s interactions across devices. Gillis teaches a digital assistant in the form of a metaverse avatar in the same or similar context. Because persisting and resuming customer’s interactions across devices as well as a digital assistant in the form of a metaverse avatar are implemented through the specific uses of a computer program that interacts with user’s action. The computer program of Singh are analogous to the computer program of Gillis that implements a metaverse digital assistant and could themselves be implemented to carry out the function as taught by Gillis. Moreover, since the features disclosed by Singh, as well as Gillis would function in the same manner in combination as they do in their separate embodiments, it would be reasonable to conclude that their resulting combination would be predictable. Accordingly, the claimed subject matter is obvious over Singh/Gillis.
The combination of Singh, in view of Gillis discloses user interaction with an assistant, however, the above combination of Singh, Gillis does not disclose:
applying, by the computer program, a risk rule to the interaction, wherein the risk rule prevents the interaction from continuing on the second electronic device in response to it being impossible for the customer to be physically present on the first electronic device and the second electronic device;
However, Mahaffey discloses:
applying, by the computer program, a risk rule to the interaction, wherein the risk rule prevents the interaction from continuing on the second electronic device in response to it being impossible for the customer to be physically present on the first electronic device and the second electronic device; [see at least (0042) when the location information of the authorizing client device corresponds to a first geo-location and the location information of the POS module corresponds to a second geo-location, the anti-fraud service 250, 450 can be configured to deny the request to authorize the payment transaction when a distance between the first geo-location and the second geo-location exceeds a threshold distance … the threshold distance can be provided by the user 207, 407 and/or by an administrator, and can vary according to contextual circumstances.]
Note: The applicant specification recites “ computer program 135 may implement certain risk rules before allowing the interaction to continue. For example, computer program 135 may prevent “impossible travel” where a customer is prevented from continuing an interaction initiated on customer electronic device 110 at a physical location if, based on the location of customer electronic device 110, indicates that it would be impossible for the customer to be at a physical location (e.g., customer electronic device 110 indicates that the customer is in California and within five minutes the customer attempts to continue an interaction from in-person digital assistant 155 or 165 at a physical location in New York).” (See paragraph 0051). MPEP 2144.01 sets forth that it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom. Here, it is reasonable to infer that “impossible travel” would be the threshold distance set by the user or an administrator that can be implemented in an electronic device.
In addition, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify the features of Singh, Gillis to include the features of Mahaffey. One would have been motivated to do so, in order to enable user service interaction continuation across different devices using the devices of Singh, Gills and implementing the security features of Mahaffey. Singh, Gillis discloses persisting and resuming customer’s interactions across devices. Mahaffey teaches fraud prevention using the users’ location. Because both Singh, Gillis as well as Mahaffey are implemented through field of managing user information using digital assistant and the security features of authorizing and denying transaction based on location as taught by Mahaffey would have used the devices of Singh, Gillis to manage the user information. Moreover, since the features disclosed by Singh, Gillis as well as Mahaffey would function in the same manner in combination as they do in their separate embodiments, it would be reasonable to conclude that their resulting combination would be predictable. Accordingly, the claimed subject matter is obvious over Singh, Gillis/ Mahaffey.
Regarding Claim 3. Singh, Gillis, Mahaffey discloses the limitations of Claim 1. Singh further discloses:
authenticating, by the computer program, the customer using the identifying information received from the in-person digital assistant; and [see at least (0029) the session identifier may authenticate the user on the mobile phone 206 and uniquely identify the device-based interaction.]
Gillis further discloses:
authenticating, by the computer program, the customer using the identifying information received from the metaverse digital assistant. [see at least (0014) … the service avatar may be an avatar overlay instead of an entire avatar … the service representative may already have an avatar within the metaverse (reads on: the avatar is the metaverse digital assistant). (0056) the service avatar may move near the user avatar only when the user is authenticated to an appropriate level of authentication. (0060) a simple PIN may be tier 1, a password may be tier 2, a stronger password with more requirements may be tier 3, biometric security may be tier 4, a combination of password and biometrics may be tier 5. (0063) authenticating, at the customer service computer program. (reads on: authenticating user’s credentials)]
In addition, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify the features of Singh, Gillis, Mahaffey to include additional features of Gillis. One would have been motivated to do so, in order to enable customer service interaction continuation across different devices using devices of Singh, Gillis, Mahaffey and using the metaverse environment of Gillis. Singh, Gillis, Mahaffey discloses authenticating user based on an identifier for a digital assistant. Gillis further teaches authenticating customer for metaverse digital assistant.. Because the computer program of Singh, Gillis, Mahaffey are analogous to the computer program of Gillis that perform authentication of user and could themselves carry out the function as taught by Gillis. Moreover, the subject matter is a combination of old features, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art before the effective filing date would have recognized that the results of the combination were predictable.
Regarding Claim 4. Singh, Gillis, Mahaffey discloses the limitations of Claim 1. Singh further discloses:
wherein the in-person digital assistant comprises a digital person, a chat interface, or a voice response interface. [see at least (0032) the device-based interaction may include various forms such as an online chat, a phone conversation with an agent, a web page based interaction.]
Regarding Claim 5. Singh, Gillis, Mahaffey discloses the limitations of Claim 1. Singh further discloses:
wherein the first electronic device comprises a mobile electronic device. [see at least (0013) the user 102 is associated with electronic devices, such as a laptop 106a and a mobile phone 106b]
Regarding Claim 6. Singh, Gillis, Mahaffey discloses the limitations of Claim 1. Gillis further discloses:
wherein the second electronic device continues the interaction in a metaverse/web 3.0 environment. [see at least (0010) a user may request assistance to complete a particular transaction. The service avatar may move (virtually, within the metaverse) near the user avatar and transmit assistance from the service representative to the service avatar, which may then display or communicate that assistance in the metaverse.]
In addition, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify the features of Singh, Gillis, Mahaffey to include additional features of Gillis. One would have been motivated to do so, in order to enable customer service interaction continuation across different devices using the devices of Singh, Gillis, Mahaffey and the metaverse environment of Gillis. Singh, Gillis, Mahaffey discloses electronic device being a mobile device. Gillis further teaches electronic device having a metaverse environment. Because the cited features and function of Singh, Gillis, Mahaffey and Gillis both uses computer program that interact with user’s action. The devices Singh, Gillis, Mahaffey are analogous to the devices in Gillis that interacts with user in the metaverse and could themselves be programmed to carry out that function as taught by Gillis. Moreover, the subject matter is a combination of old features, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art before the effective filing date would have recognized that the results of the combination were predictable.
Regarding Claim 8. Singh, Gillis, Mahaffey discloses the limitations of Claim 1. Singh further discloses:
wherein the in-person digital assistant … same form. [see at least Fig. 5, (0040) The computer system may be a server computer, a client computer, a personal computer (PC), a user device, a tablet PC, a laptop computer, a personal digital assistant (PDA) (reads on: the digital assistant can be implemented on a computer system)]
Gillis further discloses:
wherein the … the metaverse digital assistant are of the same form. [see at least (0033) The service representative may transmit the request from any suitable computer, such as a smartphone, a mobile device, a virtual reality/augmented reality headset, a desktop computer, a laptop computer, or other computer system. The service representative may transmit the request when the service representative desires to be authenticated within the metaverse, e.g., when the service representative plans on assisting other users within the metaverse (reads on: the metaverse digital assistant can be implemented in a computer)]
Note: The applicant specification recites “ Embodiments of the system or portions of the system may be in the form of a “processing machine,” such as a general-purpose computer, for example. As used herein, the term “processing machine” is to be understood to include at least one processor that uses at least one memory.” (See paragraph 0078). MPEP 2144.01 sets forth that it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom. Here, it is reasonable to infer that “form” would be a generic computer that can implement in-person digital assistant and metaverse digital assistant.
In addition, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify the features of Singh, Gillis, Mahaffey to include additional features of Gillis. One would have been motivated to do so, in order to enable customer service interaction continuation across different devices using the devices of Singh, Gillis, Mahaffey and the metaverse environment of Gillis. Singh, Gillis, Mahaffey discloses persisting and resuming customer’s interactions across devices. Gillis further teaches a digital assistant in the form of a metaverse avatar. Because the cited features and function of Singh, Gillis, Mahaffey and Gillis both uses computer program that interact with user’s action The devices Singh, Gillis, Mahaffey are analogous to the devices in Gillis that implements metaverse digital assistant and could themselves be programmed to carry out that function as taught by Gillis. Moreover, the subject matter is a combination of old features, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art before the effective filing date would have recognized that the results of the combination were predictable.
Regarding Claim 9. Singh discloses:
a first electronic device executing an in-person digital assistant; [see at least Fig. 1, (0028) the user may register the tablet PC 202, the smart television 204 and the mobile phone 206 for device-based interaction with a customer service center, such as the customer service center 112]
a backend electronic device executing a computer program; [see at least (0040) The instructions stored in memory 71 can be implemented as software and/or firmware to program one or more processors to carry out the actions.]
wherein: the in-person digital assistant receives an interaction from a customer; [see at least Fig. 2, (0007) depicting a seamless transition of a device-based interaction from a first device to a second device and then to a third device, according to an embodiment;]
the in-person digital assistant receives identifying information from the customer; [see at least (0029) user enters the alphanumeric code ‘qW19zC’ on the mobile phone 206 upon establishing a contact with the customer service center.]
the in-person digital assistant provides the identifying information to the computer program; [see at least (0029) session identifier may be an alphanumeric code, a numeric code, a word, an audio song, an image and/or a combination of the above to authenticate the identity of the user to continue the device-based interaction … may further be established by receiving the device-based interaction stored on the cloud 110]
the computer program identifies the customer using the identifying information; [see at least (0029) session identifier may be an alphanumeric code, a numeric code, a word, an audio song, an image and/or a combination of the above to authenticate the identity of the user to continue the device-based interaction]
the computer program receives a state of the interaction for the interaction from the in-person digital assistant and saves the state of the interaction; [see at least (0015) Interaction is stored using an interaction data model (IDM) …The interaction data in this case is previous channel information (e.g. device=desktop, timestamps=interaction start/pause, interaction duration, task type (e.g. purchase of a device), ip, and location) … the cloud 110 may also be configured to store an on-going device based interaction. The users, such as users 102 and 104, may access the cloud 110 through the network 108.]
the computer program identifies the customer using the identifying information; [see at least (0029)the session identifier may authenticate the user on the mobile phone 206 and uniquely identify the device-based interaction. (0030) when the user transitions to a new device, the preceding device detects that the user has logged into the new device and asks the user if the user wants to continue the device-based interaction on the new device and end the device-based interaction on the preceding device.]
the computer program on the backend electronic device retrieves the saved state of the interaction [see at least (0029) context may further be established by receiving the device-based interaction stored on the cloud 110]
the computer program on the backend electronic device communicates the saved state of the interaction to the … digital assistant; and [see at least (0026) the interaction server of the transferee channel obtains or accesses this data and resumes the conversation]
the second electronic device continues the interaction with the customer. [see at least (0038) seamless transitioning of device-based interaction to the different device, at 408, a continuation of the device-based interaction on the different device may be facilitated]
Singh discloses user interaction with an assistant, however, Singh does not disclose:
a second electronic device executing a metaverse digital assistant; and
the metaverse digital assistant receives the identifying information from the customer;
the metaverse digital assistant provides the identifying information to the computer program on a backend electronic device;
the computer program applies a risk rule to the interaction, wherein the risk rule prevents the interaction from continuing on the second electronic device in response to it being impossible for the customer to be physically present on the first electronic device and the second electronic device;
Nonetheless, Gillis uses computer program to implement metaverse digital assistant to assist user discloses:
a second electronic device executing a metaverse digital assistant; and {see at least (0013) the user 102 is associated with electronic devices, such as a laptop 106a and a mobile phone 106b]
the metaverse digital assistant receives the identifying information from the customer; [see at least (0068) when the service representative may be a tier-n service representative, the service avatar may be a tier-n service avatar, but the user is authenticated to tier-(n−1), a message may be transmitted to the user declining assistance to the user. (reads on: the avatar receiving appropriate authentication from the user)]
the metaverse digital assistant provides the identifying information to the computer program on a backend electronic device; [see at least (0091) any information described above in connection with database 111, and any other suitable information, may be stored in memory 115 … applications 119 may include one or more algorithms that encrypt information … Algorithms may be used to perform various functions such as creating an avatar and providing customer service to a user, and/or performing any other suitable tasks.]
In addition, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify the features of Singh to include features of Gillis. One would have been motivated to do so, in order to enable customer service interaction continuation across different devices. Singh discloses persisting and resuming customer interactions across devices. Gillis teaches a digital assistant in the form of a metaverse avatar in the same or similar context. Because persisting and resuming customer’s interactions across devices as well as a digital assistant in the form of a metaverse avatar are implemented through the specific uses of a computer program that interacts with user’s action. The computer program of Singh are analogous to the computer program of Gillis that implements a metaverse digital assistant and could themselves be implemented to carry out the function as taught by Gillis. Moreover, the subject matter is a combination of old features, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art before the effective filing date would have recognized that the results of the combination were predictable.
The combination of Singh, in view of Gillis discloses user interaction with an assistant, however, the above combination of Singh, Gillis does not disclose:
the computer program applies a risk rule to the interaction, wherein the risk rule prevents the interaction from continuing on the second electronic device in response to it being impossible for the customer to be physically present on the first electronic device and the second electronic device;
However, Mahaffey discloses:
the computer program applies a risk rule to the interaction, wherein the risk rule prevents the interaction from continuing on the second electronic device in response to it being impossible for the customer to be physically present on the first electronic device and the second electronic device; [see at least (0042) when the location information of the authorizing client device corresponds to a first geo-location and the location information of the POS module corresponds to a second geo-location, the anti-fraud service 250, 450 can be configured to deny the request to authorize the payment transaction when a distance between the first geo-location and the second geo-location exceeds a threshold distance … the threshold distance can be provided by the user 207, 407 and/or by an administrator, and can vary according to contextual circumstances.]
Note: The applicant specification recites “ computer program 135 may implement certain risk rules before allowing the interaction to continue. For example, computer program 135 may prevent “impossible travel” where a customer is prevented from continuing an interaction initiated on customer electronic device 110 at a physical location if, based on the location of customer electronic device 110, indicates that it would be impossible for the customer to be at a physical location (e.g., customer electronic device 110 indicates that the customer is in California and within five minutes the customer attempts to continue an interaction from in-person digital assistant 155 or 165 at a physical location in New York).” (See paragraph 0051). MPEP 2144.01 sets forth that it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom. Here, it is reasonable to infer that “impossible travel” would be the threshold distance set by the user or an administrator that can be implemented in an electronic device.
In addition, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify the features of Singh, Gillis to include the features of Mahaffey. One would have been motivated to do so, in order to enable user service interaction continuation across different devices using the devices of Singh, Gills and implementing the security features of Mahaffey. Singh, Gillis discloses persisting and resuming customer’s interactions across devices. Mahaffey teaches fraud prevention using the users’ location. Because both Singh, Gillis as well as Mahaffey are implemented through field of managing user information using digital assistant and the security features of authorizing and denying transaction based on location as taught by Mahaffey would have used the devices of Singh, Gillis to manage the user information. Moreover, the subject matter is a combination of old features, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art before the effective filing date would have recognized that the results of the combination were predictable.
Regarding Claim 11. Singh, Gillis, Mahaffey discloses the limitations of Claim 9. Singh further discloses:
wherein the computer program authenticates the customer using the identifying information received from the in-person digital assistant and [see at least (0029) the session identifier may authenticate the user on the mobile phone 206 and uniquely identify the device-based interaction.]
Gillis further discloses:
authenticates the customer using the identifying information received from the metaverse digital assistant. [see at least (0014) … the service avatar may be an avatar overlay instead of an entire avatar … the service representative may already have an avatar within the metaverse (reads on: the avatar is the metaverse digital assistant). (0056) the service avatar may move near the user avatar only when the user is authenticated to an appropriate level of authentication. (0060) a simple PIN may be tier 1, a password may be tier 2, a stronger password with more requirements may be tier 3, biometric security may be tier 4, a combination of password and biometrics may be tier 5. (0063) authenticating, at the customer service computer program. (reads on: authenticating user’s credentials)]
In addition, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify the features of Singh, Gillis, Mahaffey to include additional features of Gillis. One would have been motivated to do so, in order to enable customer service interaction continuation across different devices using devices of Singh, Gillis, Mahaffey and using the metaverse environment of Gillis. Singh, Gillis, Mahaffey discloses authenticating user based on an identifier for a digital assistant. Gillis further teaches authenticating customer for metaverse digital assistant.. Because the computer program of Singh, Gillis, Mahaffey are analogous to the computer program of Gillis that perform authentication of user and could themselves carry out the function as taught by Gillis. Moreover, the subject matter is a combination of old features, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art before the effective filing date would have recognized that the results of the combination were predictable.
Regarding Claim 12. Singh, Gillis, Mahaffey discloses the limitations of Claim 9. Singh further discloses:
wherein the in-person digital assistant comprises a digital person, a chat interface, or a voice response interface. [see at least (0032) the device-based interaction may include various forms such as an online chat, a phone conversation with an agent, a web page based interaction.]
Regarding Claim 13. Singh, Gillis, Mahaffey discloses the limitations of Claim 9. Singh further discloses:
wherein the first electronic device comprises a mobile electronic device. [see at least (0013) the user 102 is associated with electronic devices, such as a laptop 106a and a mobile phone 106b]
Regarding Claim 14. Singh, Gillis discloses the limitations of Claim 9. Gillis further discloses:
wherein the second electronic device continues the interaction in a metaverse/web 3.0 environment. [see at least (0010) a user may request assistance to complete a particular transaction. The service avatar may move (virtually, within the metaverse) near the user avatar and transmit assistance from the service representative to the service avatar, which may then display or communicate that assistance in the metaverse.]
In addition, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify the features of Singh, Gillis, Mahaffey to include additional features of Gillis. One would have been motivated to do so, in order to enable customer service interaction continuation across different devices using the devices of Singh, Gillis, Mahaffey and the metaverse environment of Gillis. Singh, Gillis, Mahaffey discloses electronic device being a mobile device. Gillis further teaches electronic device having a metaverse environment. Because the cited features and function of Singh, Gillis, Mahaffey and Gillis both uses computer program that interact with user’s action. The devices Singh, Gillis, Mahaffey are analogous to the devices in Gillis that interacts with user in the metaverse and could themselves be programmed to carry out that function as taught by Gillis. Moreover, the subject matter is a combination of old features, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art before the effective filing date would have recognized that the results of the combination were predictable.
Regarding Claim 16. Singh, Gillis, Mahaffey discloses the limitations of Claim 9. Singh further discloses:
wherein the in-person digital assistant … same form. [see at least Fig. 5, (0040) The computer system may be a server computer, a client computer, a personal computer (PC), a user device, a tablet PC, a laptop computer, a personal digital assistant (PDA) (reads on: the digital assistant can be implemented on a computer system)]
Gillis further discloses:
wherein the … the metaverse digital assistant are of the same form. [see at least (0033) The service representative may transmit the request from any suitable computer, such as a smartphone, a mobile device, a virtual reality/augmented reality headset, a desktop computer, a laptop computer, or other computer system. The service representative may transmit the request when the service representative desires to be authenticated within the metaverse, e.g., when the service representative plans on assisting other users within the metaverse (reads on: the metaverse digital assistant can be implemented in a computer)]
Note: The applicant specification recites “ Embodiments of the system or portions of the system may be in the form of a “processing machine,” such as a general-purpose computer, for example. As used herein, the term “processing machine” is to be understood to include at least one processor that uses at least one memory.” (See paragraph 0078). MPEP 2144.01 sets forth that it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom. Here, it is reasonable to infer that “form” would be a generic computer that can implement in-person digital assistant and metaverse digital assistant.
In addition, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify the features of Singh, Gillis, Mahaffey to include additional features of Gillis. One would have been motivated to do so, in order to enable customer service interaction continuation across different devices using the devices of Singh, Gillis, Mahaffey and the metaverse environment of Gillis. Singh, Gillis, Mahaffey discloses persisting and resuming customer’s interactions across devices. Gillis further teaches a digital assistant in the form of a metaverse avatar. Because the cited features and function of Singh, Gillis, Mahaffey and Gillis both uses computer program that interact with user’s action The devices Singh, Gillis, Mahaffey are analogous to the devices in Gillis that implements metaverse digital assistant and could themselves be programmed to carry out that function as taught by Gillis. Moreover, the subject matter is a combination of old features, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art before the effective filing date would have recognized that the results of the combination were predictable.
Regarding Claim 17. Singh discloses:
receiving, from an in-person digital assistant, identifying information for a customer that is interacting with the in-person digital assistant on a first electronic device; [see at least (0029) The user enters the alphanumeric code ‘qW19zC’ on the mobile phone 206 upon establishing a contact with the customer service center]
identifying the customer using the identifying information received from the in-person digital assistant; [see at least (0029) the session identifier may authenticate the user on the mobile phone 206 and uniquely identify the device-based interaction]
receiving a state of the interaction for the interaction from the in-person digital assistant and saving the state of the interaction; [see at least (0015) Interaction is stored using an interaction data model (IDM) …The interaction data in this case is previous channel information (e.g. device=desktop, timestamps=interaction start/pause, interaction duration, task type (e.g. purchase of a device), ip, and location) … the cloud 110 may also be configured to store an on-going device based interaction. The users, such as users 102 and 104, may access the cloud 110 through the network 108.]
receiving, from … executed by a second electronic device, the identifying information; [see at least (0029) the session identifier may authenticate the user on the mobile phone 206 and uniquely identify the device-based interaction]
retrieving the saved state of the interaction; and [see at least (0029) context may further be established by receiving the device-based interaction stored on the cloud 110]
Singh discloses user interaction with an assistant, however, Singh does not disclose:
receiving, by the … a metaverse digital assistant executed by a second electronic device, the identifying information;
identifying the customer using the identifying information received from the metaverse digital assistant;
applying a risk rule to the interaction, wherein the risk rule prevents the interaction from continuing on the second electronic device in response to it being impossible for the customer to be physically present on the first electronic device and the second electronic device;
communicating the saved state of the interaction to the metaverse digital assistant;
wherein the second electronic device continues the interaction with the customer in a metaverse/web 3.0 environment.
Nonetheless, Gillis uses computer program to implement metaverse digital assistant to assist user discloses:
receiving, by the … a metaverse digital assistant executed by a second electronic device, the identifying information; [see at least (0032) The service representative may control one or more service avatars within the metaverse. Any suitable authentication methods may be used, such as one-time passwords, passwords, multi-factor authentication, PINs, biometric attributes, and any other suitable authentication method (reads on: identifying information for authentication would the one-time passwords, passwords, multi-factor authentication, PINs, biometric attributes, etc.). (0033) The service representative may transmit the request when the service representative desires to be authenticated within the metaverse, e.g., when the service representative plans on assisting other users within the metaverse.]
identifying the customer using the identifying information received from the metaverse digital assistant; [see at least (0014) … the service avatar may be an avatar overlay instead of an entire avatar … the service representative may already have an avatar within the metaverse (reads on: the avatar is the metaverse digital assistant). (0056) the service avatar may move near the user avatar only when the user is authenticated to an appropriate level of authentication. (0060) a simple PIN may be tier 1, a password may be tier 2, a stronger password with more requirements may be tier 3, biometric security may be tier 4, a combination of password and biometrics may be tier 5. (0063) authenticating, at the customer service computer program. (reads on: authenticating user’s credentials)]
communicating the saved state of the interaction to the metaverse digital assistant; [see at least (0010) The service avatar may move (virtually, within the metaverse) near the user avatar and transmit assistance from the service representative to the service avatar, which may then display or communicate that assistance in the metaverse. Assistance may take any appropriate form, such as text, speech (audio), video, backend computer assistance, etc. (0026) The program may act as an interface between the service representative and the service avatar by transmitting one or more interactions from the service representative to the service avatar.]
wherein the second electronic device continues the interaction with the customer in a metaverse/web 3.0 environment. [see at least (0010) a user may request assistance to complete a particular transaction. The service avatar may move (virtually, within the metaverse) near the user avatar and transmit assistance from the service representative to the service avatar, which may then display or communicate that assistance in the metaverse.]
In addition, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify the features of Singh to include features of Gillis. One would have been motivated to do so, in order to enable customer service interaction continuation across different devices. Singh discloses persisting and resuming customer interactions across devices. Gillis teaches a digital assistant in the form of a metaverse avatar in the same or similar context. Because persisting and resuming customer’s interactions across devices as well as a digital assistant in the form of a metaverse avatar are implemented through the specific uses of a computer program that interacts with user’s action. The computer program of Singh are analogous to the computer program of Gillis that implements a metaverse digital assistant and could themselves be implemented to carry out the function as taught by Gillis. Moreover, the subject matter is a combination of old features, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art before the effective filing date would have recognized that the results of the combination were predictable.
The combination of Singh, in view of Gillis discloses user interaction with an assistant, however, the above combination of Singh, Gillis does not disclose:
applying a risk rule to the interaction, wherein the risk rule prevents the interaction from continuing on the second electronic device in response to it being impossible for the customer to be physically present on the first electronic device and the second electronic device;
However, Mahaffey discloses:
applying a risk rule to the interaction, wherein the risk rule prevents the interaction from continuing on the second electronic device in response to it being impossible for the customer to be physically present on the first electronic device and the second electronic device; [see at least (0042) when the location information of the authorizing client device corresponds to a first geo-location and the location information of the POS module corresponds to a second geo-location, the anti-fraud service 250, 450 can be configured to deny the request to authorize the payment transaction when a distance between the first geo-location and the second geo-location exceeds a threshold distance … the threshold distance can be provided by the user 207, 407 and/or by an administrator, and can vary according to contextual circumstances.]
Note: The applicant specification recites “ computer program 135 may implement certain risk rules before allowing the interaction to continue. For example, computer program 135 may prevent “impossible travel” where a customer is prevented from continuing an interaction initiated on customer electronic device 110 at a physical location if, based on the location of customer electronic device 110, indicates that it would be impossible for the customer to be at a physical location (e.g., customer electronic device 110 indicates that the customer is in California and within five minutes the customer attempts to continue an interaction from in-person digital assistant 155 or 165 at a physical location in New York).” (See paragraph 0051). MPEP 2144.01 sets forth that it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom. Here, it is reasonable to infer that “impossible travel” would be the threshold distance set by the user or an administrator that can be implemented in an electronic device.
In addition, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify the features of Singh, Gillis to include the features of Mahaffey. One would have been motivated to do so, in order to enable user service interaction continuation across different devices using the devices of Singh, Gills and implementing the security features of Mahaffey. Singh, Gillis discloses persisting and resuming customer’s interactions across devices. Mahaffey teaches fraud prevention using the users’ location. Because both Singh, Gillis as well as Mahaffey are implemented through field of managing user information using digital assistant and the security features of authorizing and denying transaction based on location as taught by Mahaffey would have used the devices of Singh, Gillis to manage the user information. Moreover, the subject matter is a combination of old features, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art before the effective filing date would have recognized that the results of the combination were predictable.
Regarding Claim 19. Singh, Gillis, Mahaffey discloses the limitations of Claim 17. Singh further discloses:
wherein the in-person digital assistant comprises a digital person, a chat interface, or a voice response interface. [see at least (0032) the device-based interaction may include various forms such as an online chat, a phone conversation with an agent, a web page based interaction.]
Claims 2, 10, 18 are rejected under 35 U.S.C. 103 as being unpatentable over Singh, in view of Gillis, in further view of Mahaffey, as applied to claims [1, 9, 17] above, and in Manchireddy (US 20200168229 A1).
Regarding Claim 2. Singh, Gillis, Mahaffey discloses the limitations of Claim 1. The combination of Singh, in view of Gillis, in further view of Mahaffey discloses persisting and resuming customer interactions across devices. However, the above combination of Singh, Gillis, Mahaffey does not disclose:
wherein the state of the interaction comprises an authentication status of the customer and an identification of a transaction being conducted.
However, Manchireddy analogous in art uses computer program to disclose transaction information discloses:
wherein the state of the interaction comprises an authentication status of the customer and an identification of a transaction being conducted. [see at least Fig. 1, (Abstract) the digital assistant device can transmit, to a server computer, an authentication request comprising the biometric template and at least one user device identifier. (0134) After the service provider computer 506 determines that the cryptogram is valid … service provider computer 506 can also transmit interaction information, such as transaction information]
In addition, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify the features of Singh, Gillis, Mahaffey to include the features of Manchireddy. One would have been motivated to do so, in order to enable customer service interaction continuation across different devices. Singh, Gillis, Mahaffey discloses persisting and resuming customer interactions across devices. Manchireddy teaches authenticating customer identification in the same or similar context. Because persisting and resuming customer interactions across devices, as well as authenticating customer identification are implemented through device capable of interacting and authenticating user. The devices of Singh, Gillis, Mahaffey uses computer program to interact with the user using digital assistant, and analogous to the devices of Manchireddy that performs authentication and themselves be programmed to carry out the function taught in Manchireddy. And would be reasonable, according to one of ordinary skill in the art. Moreover, since the features disclosed by Singh, Gillis, Mahaffey as well as Manchireddy would function in the same manner in combination as they do separately it would be reasonable to conclude that their resulting combination would be predictable. Accordingly, the claimed subject matter is obvious over Singh, Gillis, Mahaffey/Manchireddy.
Regarding Claim 10. Singh, Gillis, Mahaffey discloses the limitations of Claim 9. The combination of Singh, in view of Gillis, in further view of Mahaffey discloses persisting and resuming customer interactions across devices. However, the above combination of Singh, Gillis, Mahaffey does not disclose:
wherein the state of the interaction comprises an authentication status of the customer and an identification of a transaction being conducted.
However, Manchireddy analogous in art uses computer program to disclose transaction information discloses:
wherein the state of the interaction comprises an authentication status of the customer and an identification of a transaction being conducted. [see at least Fig. 1, (Abstract) the digital assistant device can transmit, to a server computer, an authentication request comprising the biometric template and at least one user device identifier. (0134) After the service provider computer 506 determines that the cryptogram is valid … service provider computer 506 can also transmit interaction information, such as transaction information]
In addition, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify the features of Singh, Gillis, Mahaffey to include the features of Manchireddy. One would have been motivated to do so, in order to enable customer service interaction continuation across different devices. Singh, Gillis, Mahaffey discloses persisting and resuming customer interactions across devices. Manchireddy teaches authenticating customer identification in the same or similar context. Because persisting and resuming customer interactions across devices, as well as authenticating customer identification are implemented through device capable of interacting and authenticating user. The devices of Singh, Gillis, Mahaffey uses computer program to interact with the user using digital assistant, and analogous to the devices of Manchireddy that performs authentication and themselves be programmed to carry out the function taught in Manchireddy. And would be reasonable, according to one of ordinary skill in the art. Moreover, the subject matter is a combination of old features, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art before the effective filing date would have recognized that the results of the combination were predictable.
Regarding Claim 18. Singh, Gillis, Mahaffey discloses the limitations of Claim 17. The combination of Singh, in view of Gillis, in further view of Mahaffey discloses persisting and resuming customer interactions across devices. However, the above combination of Singh, Gillis, Mahaffey does not disclose:
wherein the state of the interaction comprises an authentication status of the customer and an identification of a transaction being conducted.
However, Manchireddy analogous in art uses computer program to disclose transaction information discloses:
wherein the state of the interaction comprises an authentication status of the customer and an identification of a transaction being conducted. [see at least Fig. 1, (Abstract) the digital assistant device can transmit, to a server computer, an authentication request comprising the biometric template and at least one user device identifier. (0134) After the service provider computer 506 determines that the cryptogram is valid … service provider computer 506 can also transmit interaction information, such as transaction information]
In addition, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify the features of Singh, Gillis, Mahaffey to include the features of Manchireddy. One would have been motivated to do so, in order to enable customer service interaction continuation across different devices. Singh, Gillis, Mahaffey discloses persisting and resuming customer interactions across devices. Manchireddy teaches authenticating customer identification in the same or similar context. Because persisting and resuming customer interactions across devices, as well as authenticating customer identification are implemented through device capable of interacting and authenticating user. The devices of Singh, Gillis, Mahaffey uses computer program to interact with the user using digital assistant, and analogous to the devices of Manchireddy that performs authentication and themselves be programmed to carry out the function taught in Manchireddy. And would be reasonable, according to one of ordinary skill in the art. Moreover, the subject matter is a combination of old features, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art before the effective filing date would have recognized that the results of the combination were predictable.
Response to Amendments/Arguments
With respect to Applicant’s Remarks as to the claims being rejected under 35 USC § 101.
Applicant submits: “Applicant respectfully submits that the additional elements of claim 1 integrate the alleged judicial exception into a practical application. Under Step 2A, Prong Two, the claims integrate any alleged judicial exception into a practical application. According to the MPEP, a claim integrates a judicial exception into a practical application if an element in the claim "appl[ies] or us[es] the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception. "MPEP 2106.04(d). The MPEP continues, stating that an element in a claim is meaningful if it "sufficiently limit[s] the use" of the abstract idea. MPEP 2106.04(e). Once such "meaningful limitation" is found when the limitation "can employ the information provided by the judicial exception," as discussed in Example 46 provided with the October 2019 PEG (emphasis added) … Thus, the claims use the information to provide security; if it is impossible for the customer to be physically present on both the first electronic device and the second electronic device, the interaction is not allowed to continue, thereby presenting fraudulent activity involving the interaction. Thus, these elements together recite a meaningful way of using the alleged judicial exception beyond generally linking the use of the judicial exception to a particular technological environment.”
Examiner responds: Examiner has carefully considered, but doesn’t find Applicant’s arguments persuasive. Applicant argues that the amended claim language recites a meaningful way of using the alleged judicial exception to a particular technological environment. However, the examiner respectfully disagree with the applicant, the amended independent claims 1, 9, 17 recites applying risk rule, which is a form of mitigating risk, and the recited limitation falls under Certain Methods of Organizing Human Activity. Additionally, the additional element such as electronic devices serve as tool to perform the abstract idea. See the rejection above. Thus rejection is proper and has been maintained.
With respect to Applicant’s Remarks as to the claims being rejected under 35 USC § 103.
Applicant submits: “Applicant respectfully submit that the proposed combination fails to disclose all elements of claim 1. Specifically, Manchireddy, alleged to disclose "applying, by the computer program, a risk rule to the interaction before communicating the saved state of the interaction to the metaverse digital assistant," While Applicant disagrees that this is the application of a risk rule as claimed in original claim 7, it is certainly not a disclosure of the application of a risk rule that prevents the interaction from continuing on the second electronic device in response to it being impossible for the customer to be physically present on the first electronic device and the second electronic device. Thus, the proposed combination does not disclose all elements of amended independent claim 1. While of different scopes, independent claims 9 and 17 have been amended to recite similar elements and are allowable for at least these reasons. Therefore, Applicant respectfully requests that the 35 U.S.C. § 103 rejections of independent claims 1, 9, and 17, and of all claims dependent thereon, be withdrawn.”
Examiner responds: Examiner has carefully considered, but doesn’t find Applicant’s arguments persuasive. Applicant’s arguments are geared towards newly amended claim language. The newly cited Mahaffey reference discloses the security feature. Furthermore, the combination of Singh, Gillis, Mahaffey does disclose the limitation of 1, 9 and 17. Thus the rejection is proper and has been maintained.
Relevant Prior Art Not Relied Upon
The prior art made of record and not relied upon which, however, is considered pertinent to applicant's disclosure:
US 20180349904 A1 DAVE; Pritesh M. et al. PROVISIONING CREDENTIALS ON MULTIPLE ELECTRONIC DEVICES - This application relates to re-provisioning of credentials, such as payment credentials, on a second electronic device from one or more credentials previously provisioned on a first electronic device. The one or more previously provisioned credentials may be stored on an external storage system and may be retrieved by the second electronic device for re-provisioning. The second electronic device may re-provision an instance of the one or more retrieved credentials for use in electronic transactions on the second electronic device using a secure element linked to the second electronic device and information that is unique to the one or more credentials being re-provisioned to the second electronic device.
US 20230376969 A1 Gillis; Trish et al. PROVIDING CUSTOMER SERVICE WITHIN A METAVERSE - Apparatus and methods are provided for supplying customer service within a metaverse. A program may receive a request to authenticate a customer service representative and authenticate the service representative. The program may create a customer service avatar within the metaverse and assign the service avatar to the service representative. The program may interface between the service representative and the service avatar. The service avatar may move proximate to a user's avatar when the user requests assistance. The service representative may provide assistance to the user through the service avatar.
US 10579725 B2 de Mello Brandao; Rafael R. et al. Automated document authoring assistant through cognitive computing - A document editor user interface interacts with a user in receiving content from the user and provides suggestions determined via cognitive computing to the user while the user is authoring a document. A search engine searches for information associated with the content and returns the information. A matching candidate template that matches a style of the document being authored is searched for and may be inferred based on the document being authored. The suggestions may be provided based on definitions of the candidate template. A cognitive component may continuously detect behavior of the user while authoring the document and store information associated with the detected behavior. Additional suggestions may be provided based on the detected behavior.
US 11394741 B1 Ortiz; Efrain Systems and methods for hindering malicious computing actions - The disclosed computer-implemented method for hindering malicious computing actions may include (i) identifying an attempt by an agent to perform an action on a computing resource that is vulnerable to attempted actions performed by unauthorized agents, (ii) requesting from the agent, in response to identifying the attempt to perform the action on the computing resource, a payment to an owner of the computing resource equal to a monetary value assigned to performing the action on the computing resource, (iii) receiving, by the owner of the computing resource, the payment of the monetary value from the agent, and (iv) allowing, in response to receiving the payment of the monetary value from the agent, the attempt by the agent to perform the action on the computing resource. Various other methods, systems, and computer-readable media are also disclosed.
US 20190266999 A1 CHANDRASEKARAN N et al. Personal virtual assistant system, has processing circuitry for generating response that takes into account determined emotional state of user, and training machine learning model based on users response to outputted response - The system (520) has a sensing device for collecting user state information relating to an emotional state of a user from users voice. A memory (512) device comprises instructions, which when executed by a processing circuitry (511). The processing circuitry receives communication from the user that elicits response from the personal virtual assistant system, determines the emotional state of the user using a machine learning model from the user state information collected by the sensing device, generates a response that takes into account the determined emotional state of the user, and trains a machine learning model based on users response to outputted response.
US 20160210600 A1 SOBEK; Michael SYSTEMS AND METHODS FOR TRANSFERRING FUNDS IN REAL TIME - An apparatus is disclosed which includes a processor and non-transient memory operatively connected to the processor. The memory includes instructions which, when executed by the processor, cause the processor to: receive, from a server hosting a managed services gateway, an authorized funding amount which is based on user account data associated with the user account; transmit a funds transfer request to the server, where the funds transfer request includes a funding amount less than or equal to the authorized funding amount; transmit a funds-transfer confirmation message to the server which causes the managed services gateway to initiate an internal funds transfer on a bank server associated with the user account. The internal funds transfer comprises a real-time transfer of funds from a managed services account owned by a managed services provider to a consumer account associated with the user maintained with the same bank.
US 20200342348 A1 Kenny; Aidan et al. AUTOMATED PREDICTIVE ANALYSIS AND MODIFICATION OF USER INTERACTION FEATURES USING MULTIPLE CLASSIFICATION MODELS - Methods and apparatuses are described for automated predictive analysis of user interactions to determine a modification based upon competing classification models. A server computing device receives first encoded text for prior user interactions and trains a plurality of classification models using the first text. The server determines a prediction cost for each of the models based upon the training. The server receives second encoded text for a current user interaction and executes the trained models using the second text to generate a prediction vector for each model that maximizes user engagement. The server selects one of the models based upon the prediction vectors, identifies a communication feature of the model, generates a user interaction modification, and transmits the user interaction modification to a client computing device.
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.
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/M.S.H./Examiner, Art Unit 3698
/PATRICK MCATEE/Supervisory Patent Examiner, Art Unit 3698