DETAILED ACTION
This communication is in response to the request for continued examination filed 28 October 2025.
Claims 1 and 10 have been amended.
Claims 8, 9, 17, and 18 have been canceled.
Claims 1-7 and 10-16 are currently pending.
Claims 1-7 and 10-16 are rejected.
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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 28 October 2025 has been entered.
Response to Arguments
Applicant’s arguments relating to 35 USC § 101 have been fully considered but are not persuasive. Applicant argues that “the claim does not recite a mental process because the claim, under its broadest reasonable interpretation, does not cover performance in the mind, but for the recitation of generic computer components. For example, the “converting step”, the “playing step” and the “connecting step” require action by a computer component that cannot be practically applied in the mind.” Remarks at 10. As presented in the previous and current rejection, the claims fall into the certain methods of organizing human activity grouping of abstract ideas, not the mental processes grouping.
Applicant argues that “the operations of receiving campaign and customer details, creating a
prompt-text for an LLM, executing a trained Al model, storing and retrieving a generated text file from a contents-database, converting the personalized content in text-format in the text-file to an audio-format and storing as an audio-file in the contents-database, playing the audio-file to the customer and connecting the agent to the interaction when the customer indicates an interest in offerings of the outbound conversational marketing campaign which requires integration with ACD software, are not fundamental human activities, but specific technological processes rooted in the use of computing systems and AI to improve the efficiency and effectiveness of customer interactions.” Remarks at 10-11. Applicant appears to be arguing that the invention provides a technical improvement over prior system, however, there is no support for this conclusion. The use of AI, for example, is merely implementation of the abstract idea using “generic” AI. The AI is not improved upon as far as Examiner is understanding the invention and the specification. This argument is not persuasive.
Claim Interpretation
Claims 1 and 10 each recite the limitation “thus improving engagement of the customer and effectiveness of the outbound conversational marketing campaign.” These limitation recite an intended result of a positively recited process step and are not given patentable weight. See MPEP 2111.04.
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 1-7 and 10-16 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Step 1
Claims 1-7 recite a method which is considered a process. Claims 10-16 recite a system which is considered a machine or manufacture.
Step 2A-Prong One
Independent claims 1 and 10 recite the concept of generating personalized content for an agent to use during an interaction with a customer (see “(i) receive details of the customer and details of the outbound conversational marketing campaign of the tenant; (ii) create a prompt-text based on the received details of the customer and campaign details; (iii) generate the personalized content for the interaction with the customer in text-format by executing the LLM AI engine with the trained model and the created prompt-text; (iv) store a text-file with the generated personalized content for the interaction in text-format for the interaction in the contents-database and convert the personalized content in text-format in the text-file to an audio-format and store as an audio-file in the contents-database; (v) play the audio-file to the customer and connect the agent to the interaction when the customer indicates an interest in offerings of the outbound conversational marketing campaign by dialing to the customer, wherein the dialing to the customer is performed by operating the ACD software with the details of the customer; (vi) retrieve the text-file for the interaction; and (vii) send the retrieved text-file to a computerized-device of the agent to present the generated personalized content for the interaction in text-format that is in the text-file, via a display unit that is associated to the computerized-device, wherein the generated personalized content for the interaction in text-format is used by the agent as a guidance during the interaction with the customer” in claim 10, for example). This concept falls into the certain methods of organizing human activity grouping of abstract ideas including advertising activities. Thus, claims 1 and 10 recite an abstract idea.
Dependent claims 2 and 11 further limit the concept recited in claims 1 and 10 by receiving additional information about customers including a customer list. These limitations do not take the claims out of the certain methods of organizing human activity grouping of abstract idea. Thus, claims 2 and 11 recite an abstract idea.
Dependent claims 3 and 12 further limit the concept recited in claims 2 and 11 by receiving additional information about customers and the campaign such as campaign name, customer name, customer hobbies, etc. These limitations do not take the claims out of the certain methods of organizing human activity grouping of abstract idea. Thus, claims 3 and 12 recite an abstract idea.
Dependent claims 4 and 13 further limit the concept recited in claims 1 and 10 by embedding customer and campaign details in a template to create prompt-text. These limitations do not take the claims out of the certain methods of organizing human activity grouping of abstract idea. Thus, claims 4 and 13 recite an abstract idea.
Dependent claims 5 and 14 further limit the concept recited in claims 3 and 12 by training a model using known information. These limitations do not take the claims out of the certain methods of organizing human activity grouping of abstract idea. Thus, claims 5 and 14 recite an abstract idea.
Dependent claims 6 and 15 further limit the concept recited in claims 1 and 10 by continuously training the trained model based on interactions. These limitations do not take the claims out of the certain methods of organizing human activity grouping of abstract idea. Thus, claims 6 and 15 recite an abstract idea.
Dependent claims 7 and 16 further limit the concept recited in claims 6 and 15 by further defining the data. These limitations do not take the claims out of the certain methods of organizing human activity grouping of abstract idea. Thus, claims 7 and 16 recite an abstract idea.
The mere nominal recitation of a generic computer component does not take the claim limitations out of the identified abstract idea grouping. Thus, the claims recite an abstract idea.
Step 2A-Prong Two
This judicial exception is not integrated into a practical application. The claims recite the additional element of a cloud-based contact center platform with Automatic Call Distributor (ACD) software (claims 1-9) or a system comprising one or more processors; an Automatic Call Distributor (ACD) software associated to the cloud-based contact center platform; a computerized-device; a display unit that is associated to the computerized-device; a models-database, and a contents-database; a memory to store the plurality of databases; and a trained model for a Large Language Model (LLM) Artificial intelligence (AI) engine that is stored in a models-database (claims 10-18) and includes no more than mere instructions to apply the exception using a generic computer component. The platform or system does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
Step 2B
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed previously with respect to Step 2A-Prong Two, the additional element in the claim amounts to no more than mere instructions to apply the exception using a generic computer component. The same analysis applies here in Step 2B, i.e., mere instructions to apply an exception using a generic computer component cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B. See MPEP 2106.05(f). The claims do not provide an inventive concept (significantly more than the abstract idea). The claims are ineligible.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEREDITH A LONG whose telephone number is (571)272-3196. The examiner can normally be reached Mon - Fri 9:30 - 6.
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/MEREDITH A LONG/Primary Examiner, Art Unit 3622