DETAILED ACTION
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 .
Allowable Subject Matter
Claims 1 – 20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art references are U.S. Patent Application No. 2002/0073208 (Wilcock et al.), U.S. Patent Application 20200186576 (Gopal et al.), and U.S. Patent Application No. 2021/0209538 (Reuveni et al.).
However, these references do not teach or disclose alone or in combination the highlighted portions below.
A method, comprising:
establishing a virtual waiting room for users awaiting contact center agent interactions;
receiving, in the virtual waiting room and from at least one first user of the users, a favorable indication of a second user of the users; and
modifying a position of the second user in a contact center queue based on the favorable indication.
8. A system, comprising:
one or more memories; and
one or more processors, the one or more processors configured to execute instruction stored in the one or more memories to:
establish a virtual waiting room for users awaiting contact center agent interactions;
receive, in the virtual waiting room and from at least one first user of the users, a favorable indication of a second user of the users; and
modify a position of the second user in a contact center queue based on the favorable indication.
15. One or more non-transitory computer readable media storing instructions operable to cause one or more processors to perform operations comprising:
establishing a virtual waiting room for users awaiting contact center agent interactions;
receiving, in the virtual waiting room and from at least one first user of the users, a favorable indication of a second user of the users; and
modifying a position of the second user in a contact center queue based on the favorable indication.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the "right to exclude" granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321 (c) or 1.321 (d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321 (b). The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eT D-info-l.jsp
Claims 1 - 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 - 20 of U.S. Patent No. 11,451,667. Although the claims at issue are not identical, they are not patentably distinct from each other because the difference between the claims of the patent and the instant claims are only minor and obvious word and phrase changes. In addition, elements, for example virtual waiting room and contact center queue are in claim 1 of both the patent and the instant claims. With respect to the “favorable indication” aspects of the instant claim 1, such is found in the dependent claims of the patent (see claims 7 and 17)
Claims 1 - 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 - 20 of U.S. Patent No. 11,627,224. Although the claims at issue are not identical, they are not patentably distinct from each other because the difference between the claims of the patent and the instant claims are only minor and obvious word and phrase changes. For example, claim 1 of both the instant claim and the patent include a virtual waiting room, a contact center queue and the “favorable indication” aspects. The patent also calls for activating a private session. Such a private session is found in claims 4 - 5, 11- 12 and 18 – 20 of the dependent instant claims.
Claims 1 - 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 - 20 of U.S. Patent No. 11,936,813. Although the claims at issue are not identical, they are not patentably distinct from each other because the difference between the claims of the patent and the instant claims are only minor and obvious word and phrase changes. In addition, both claim 1 of the instant application and the patent require a virtual waiting room. Claim 1 of the patent inherently has a contact center queue where users wait to have a private connection with a contact center agent. With respect to the “favorable indication” aspect found in instant claim 1, note that some users can send messages while others are blocked from doing so in the claims of the patent (see for example, dependent claims 3 and 4),
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Note the Abstracts and Figs. of the additional references cited on the accompanying 892.
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02Feb2026
/WILLIAM J DEANE JR/Primary Examiner, Art Unit 2693
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