Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
1. This Final Office action is in reply to the Applicant amendment filed on 22 December 2025.
2. Claims 1, 17-20 have been amended. Claims 2, 16, 24 have been cancelled. Claims 26, 27 are new and have been added.
3. Claims 1, 3-15, 17-23, and 25-27 are currently pending and have been examined. The Information Disclosure Statement filed 06 January 2026 has been considered by the Examiner. A signed copy is enclosed with this Office Action.
Response to Amendment
In the previous office action, Claims 1-25 were rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter (abstract idea). Applicants have not amended now Claims 1, 3-15, 17-23, and 25-27 to provide statutory support and the rejection is maintained.
Response to Arguments
Applicant’s arguments filed 22 December 2025 have been fully considered but they are not persuasive. In the remarks regarding the 35 USC § 101 rejection for Claims 1, 3-15, 17-23, and 25-27, Applicant argues that: (1) the claims are not directed to an abstract idea, and even if they were, they would amount to significantly more than the abstract idea. Examiner respectfully disagrees. Still commensurate to the two-part subject matter eligibility framework decision in the Federal court decision in Alice Corp. Pty. Ltd. V. CLS Bank International et al., (Alice), 2019 revised patent subject matter eligibility guidance (2019 PEG) and the October 2019 Update: Subject Matter Eligibility (“October 2019 Update), and the new “July 2024 Guidance Update on Patent Subject Matter Eligibility Examples, including on Artificial Intelligence”, and the Examiner details the maintained rejection under 35 U.S.C. 101 in the below rejection with further explanation. Applicant argues that as amended, Applicant states through their step analysis: “The Claims are not directed to an” Abstract Idea; The Claims amount to “Significantly More” than an abstract idea”; and slight mention of “the USPTO’s August 4, Memorandum regarding the court decision from Ex parte Desjardins” (see Remarks/Arguments pages 9-18). However the Examiner respectfully disagrees. First the Examiner addresses Applicant’s remarks about the Ex parte Desjardins decision in that the court found the subject matter of the artificial intelligence (AI) technique was an improvement to the technological machine learning method of invention of Desjardins. However and as currently recited, Applicant’s method of a sequence of steps (receiving a query, generating prompts, analyzing context, selecting an agent, and providing a response) through manipulation and evaluation of information through logical steps only recite the use of AI to process user input data without any further specific technical detail to obtain the step limitation results. The instant claims only use machine learning (AI) to process input data without significantly more. To answer Applicant’s statements that the claims are not directed to an abstract idea, the Examiner provides the following additional clarification of the step analysis under Step 2A, Prong 1 to the claims as a whole reciting certain groupings on an abstract idea under the categories:
(a) Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations. The steps of "modifying... the common prompt... optimized for processing performance" and "determining a level of applicability... by analyzing information" often involve mathematical algorithms or calculations (AI functionality; score(s); ranking).
(b) Certain methods of organizing human activity –marketing or sales activities or behaviors; business relations; managing personal behavior or relationships or interactions between people (agents) (including social activities, teaching, and following rules or instructions). Steps such as "comparing the level of applicability" and "selecting at least one AI agent" may be viewed as high-level data management or decision-making processes that are traditionally performed by humans (e.g., assigning a task to the best-qualified specialist); (processing performance of the AI agent; addressing the query by analyzing information associated with each of the received responses; comparing the level of applicability for each of the distinct AI agents).
(c) Mental processes – concepts performed in the human mind (including an observation, evaluation, judgment, opinion). The core logic—analyzing context, optimizing a prompt, and evaluating a response—can be characterized as processes that could be performed in the human mind or with pen and paper (addressing the query by analyzing information associated with each of the received responses; comparing the level of applicability for each of the distinct AI agents). In summary as further indicated below through Steps 1-2B, the recitation of a computer (at least one processor) to perform the claim limitations amount to no more than mere instruction to apply the exception using generic computer components. Even when considered in combination, these additional elements represent mere instructions to implement an abstract idea or other exception on a computer and insignificant extra-solution activity, which do not provide an inventive concept. For at least these reasons, the rejection is maintained.
Applicant submits that: (2) Rath (Rath-A) (US 2021/0328888) in view of Rath (Rath-B) (US 2021/0014136) does not teach or suggest in amended Claim 1 the amended claim limitations and new Claims 26-27: [see Remarks pages 18-23]. With regard to argument (2), the Examiner agrees for the change in claim scope and the prior art rejection is withdrawn.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1, 3-15, 17-23, and 25-27 are rejected under 35 U.S.C. §101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, natural phenomenon, or an abstract idea) because the claimed invention is directed to a judicial exception (i.e., a law of nature, natural phenomenon, or an abstract idea) without significantly more. The claims as a whole recite certain grouping of an abstract idea and are analyzed in the following step process:
Step 1: Claims 1, 3-15, 17-23, and 25-27 are each focused to a statutory category of invention namely “non-transitory computer-readable medium; system; method” sets.
Step 2A: Prong One: Claims 1, 3-15, 17-23, and 25-27 recite limitations that set forth the abstract ideas, namely, the claims as a whole recite the abstract idea of basically, a sequence of steps (receiving a query, generating prompts, analyzing context, selecting an agent, and providing a response) through manipulation and evaluation of information through logical steps that encompass processing information by:
“accessing an application that employs Al functionality;
receiving, via the application, a query from a user via a user interface;
generating, by the application, a common prompt associated with the query;
analyzing a context associated with the common prompt;
modifying, based on the context, the common prompt for each AI agent in the plurality of distinct AI agents to generate a plurality of distinct agent-specific prompts that are optimized for the processing performance of the respective Al agent, wherein the plurality of distinct Al agents are operated by one or more other processors, and the at least one processor is communicatively coupled with the one or more other processors via one or more networks;
sending, via the application, the plurality of distinct agent-specific prompts to the plurality of distinct Al agents, wherein the common prompt is associated with a query received via a user interface;
receiving from the plurality of distinct Al agents a plurality of responses to the plurality of distinct agent-specific prompts;
determining a level of applicability for each of the distinct Al agents for addressing the query by analyzing information associated with each of the received responses of the plurality of responses;
comparing the level of applicability for each of the distinct Al agents;
selecting at least one Al agent from the plurality of distinct Al agents based on the comparison of the level of applicability, wherein the at least one Al agent with a high level of applicability is selected from the plurality of distinct Al agents; and
providing, by the selected Al agent, the response associated with the selected Al agent to the user interface on a user device”
The claims as a whole recite certain groupings under the categories:
(a) Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations. The steps of "modifying... the common prompt... optimized for processing performance" and "determining a level of applicability... by analyzing information" often involve mathematical algorithms or calculations (AI functionality; score(s); ranking).
(b) Certain methods of organizing human activity –marketing or sales activities or behaviors; business relations; managing personal behavior or relationships or interactions between people (agents) (including social activities, teaching, and following rules or instructions). Steps such as "comparing the level of applicability" and "selecting at least one AI agent" may be viewed as high-level data management or decision-making processes that are traditionally performed by humans (e.g., assigning a task to the best-qualified specialist); (processing performance of the AI agent; addressing the query by analyzing information associated with each of the received responses; comparing the level of applicability for each of the distinct AI agents).
(c) Mental processes – concepts performed in the human mind (including an observation, evaluation, judgment, opinion). The core logic—analyzing context, optimizing a prompt, and evaluating a response—can be characterized as processes that could be performed in the human mind or with pen and paper (addressing the query by analyzing information associated with each of the received responses; comparing the level of applicability for each of the distinct AI agents).
See MPEP § 2106.04(a) II C. Hence, the claims are ineligible under Step 2A Prong one. Furthermore, the dependent claims are merely directed to the particulars of the abstract idea and likewise do not add significantly more to the above-identified judicial exception. The limitations of the claims do not transform the abstract idea that they recite into patent-eligible subject matter because the claims simply instruct the practitioner to implement the abstract idea using generally-recited computer components.
Prong Two: Claims 1, 3-15, 17-23, and 25-27: With regard to this step of the analysis (as explained in MPEP § 2106.04(d)), the judicial exception is not integrated into a practical application. Therefore, the claims contain computer components (non-transitory computer-readable medium; system; at least one processor”, etc) (e.g., see Applicants’ published Specification ¶'s 6-9, 36-41, 52) that are cited at a high level of generality and are merely invoked as a tool to perform the abstract idea. Simply implementing an abstract idea on a computer is not a practical application of the abstract idea. It is notable that mere physicality or tangibility of an additional element or elements is not a relevant consideration in Step 2A Prong Two. As the Supreme Court explained in Alice Corp., mere physical or tangible implementation of an exception does not guarantee eligibility. Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 573 U.S. 208, 224, 110 USPQ2d 1976, 1983-84 (2014) (“The fact that a computer ‘necessarily exist[s] in the physical, rather than purely conceptual, realm,’ is beside the point”). See also Genetic Technologies Ltd. v. Merial LLC, 818 F.3d 1369, 1377, 118 USPQ2d 1541, 1547 (Fed. Cir. 2016) (steps of DNA amplification and analysis are not “sufficient” to render claim 1 patent eligible merely because they are physical steps). Conversely, the presence of a non-physical or intangible additional element does not doom the claims, because tangibility is not necessary for eligibility under the Alice/Mayo test. Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 118 USPQ2d 1684 (Fed. Cir. 2016) (“that the improvement is not defined by reference to ‘physical’ components does not doom the claims”). See also McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1315, 120 USPQ2d 1091, 1102 (Fed. Cir. 2016), (holding that a process producing an intangible result (a sequence of synchronized, animated characters) was eligible because it improved an existing technological process). Furthermore, the dependent claims are merely directed to the particulars of the abstract idea and likewise do not add significantly more to the above-identified judicial exception. The limitations of the claims do not transform the abstract idea that they recite into patent-eligible subject matter because the claims simply instruct the practitioner to implement the abstract idea using generally-recited computer components, and furthermore do not amount to an improvement to a computer or any other technology, and thus are ineligible. See MPEP § 2106.05(f) (h).
Step 2B: As explained in MPEP § 2106.05, Claims 1-25 do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements when considered both individually and as an ordered combination do not amount to significantly more than the abstract idea nor recites additional elements that integrate the judicial exception into a practical application. The additional elements of “non-transitory computer-readable medium; system; at least one processor”, etc. are generically-recited computer-related elements that amount to a mere instruction to “apply it” (the abstract idea) on the computer-related elements (see MPEP § 2106.05 (f) – Mere Instructions to Apply an Exception). These additional elements in the claims are recited at a high level of generality and are merely limiting the field of use of the judicial exception (see MPEP §2106.05 (h) – Field of Use and Technological Environment). There is no indication that the combination of elements improves the function of a computer or improves any other technology. Furthermore, the dependent claims are merely directed to the particulars of the abstract idea and likewise do not add significantly more to the above-identified judicial exception. The limitations of the claims do not transform the abstract idea that they recite into patent-eligible subject matter because the claims simply instruct the practitioner to implement the abstract idea using generally-recited computer components, and furthermore do not amount to an improvement to a computer or any other technology, and thus are ineligible.
Examiner interprets that the steps of the claimed invention both individually and as an ordered combination result in Mere Instructions to Apply a Judicial Exception (see MPEP §2106.05 (f)). These claims recite only the idea of a solution or outcome with no restriction on how the result is accomplished and no description of the mechanism used for accomplishing the result. Here, the claims utilize a computer or other machinery (e.g., see Applicants’ published Specification ¶'s 6-9, 36-41, 52) regarding using existing computer processors as well as program products comprising machine-readable media for carrying or having machine-executable instructions or data structures stored. “management platform 100” in its ordinary capacity for performing tasks (e.g., to receive, analyze, transmit and display data) and/or use computer components after the fact to an abstract idea (e.g., a fundamental economic practice and certain methods of organization human activities) and does not provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016)). Software implementations are accomplished with standard programming techniques with logic to perform connection steps, processing steps, comparison steps and decisions steps. These claims are directed to being a commonplace business method being applied on a general-purpose computer (see Alice Corp. Pty, Ltd. V. CLS Bank Int' l, 134 S. Ct. 2347, 1357, 110 USPQ2d 1976, 1983 (2014)); Versata Dev. Group, Inc., v. SAP Am., Inc., 793 D.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015)) and require the use of software such as via a server to tailor information and provide it to the user on a generic computer. Based on all these, Examiner finds that when viewed either individually or in combination, these additional claim element(s) do not provide meaningful limitation(s) that raise to the high standards of eligibility to transform the abstract idea(s) into a patent eligible application of the abstract idea(s) such that the claim(s) amounts to significantly more than the abstract idea(s) itself. Accordingly, Claims 1, 3-15, 17-23, and 25-27 are rejected under 35 U.S.C. §101 because the claimed invention is directed to a judicial exception (i.e. abstract idea exception) without significantly more.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure:
Zhuk (US 2005/0149558)
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS L MANSFIELD whose telephone number is (571)270-1904. The examiner can normally be reached M-Thurs, alt. Fri. (9-6).
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THOMAS L. MANSFIELD
Examiner
Art Unit 3623
/THOMAS L MANSFIELD/Primary Examiner, Art Unit 3624