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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-16 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
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 differences 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 in which the invention was made.
Claim(s) 1-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jordan U.S. PAP 2020/0118661 A1 in view of Shapiro U.S. PAP 2022/0377035 A1 further in view of Shaw U.S. PAP 2018/0189268 A1.
Regarding claim 1 Jordan teaches a method for monitoring an individual's communications and recommending alternative phrasing ( system for selectively generating a prompt for an intervention is provided, see par. [0004]), the method comprising:
receiving input from an individual provider serving the individual receiving treatment, wherein the input includes settings for monitoring communications of the individual and criteria for intervening, wherein the input is stored in a database of a server, and administering the settings and criteria on an individual's communications device in communication with the server by one or more networks (instantiate an intervention mediator that may take the form of a bot that functions as a virtual mediation persona interacting with both a first user and a second user over the network to thereby facilitate and mediate consolidated communication and/or interaction between the first user and the second user, see par. [0038]);
monitoring the individual's communications via the individual's communications device (the first user may be a patient who interacts with system 110 via user device 106, which may be a smartphone… the first user's interaction with intervention mediator 102 via the app on user device 106 drives interaction between intervention mediator 102 and either or both of the first user via the app on user device 106 and the second user via the app on user device 108. Such interaction between the first user and system 110, may be mediated by a virtual mediation persona that appears on user devices 106, 108 and interacts with the users , see par. [0042]);
intervening in the individual's communications when the individual's communications meet a predetermined set of criteria (Intervention mediator 102 comprises a virtual mediation persona module 120 configured to generate an interaction with the first user via the app on user device 106 to assess a physical, mental or emotional state of the first user and determine whether a natural support intervention is appropriate, see par. [0043]);
storing data regarding the intervening in the database or in a memory of the individual's communications device (an interaction comprises virtual mediation persona module 120 generating one or more questions 130 regarding the mood, wellness and/or activity of the first user and VMP 606 asking or presenting questions 130 to the first user, for example utilizing communication module 104, see par. [0043]);
compiling the data periodically into a report (Virtual mediation persona module 120 may be configured to receive, via communication module 104, one or more answers 132 to questions 130 from the first user, entered via the app on user device 106. Utilizing answers 132, virtual mediation persona module 120 may be configured to generate an intervention score for determining whether a particular natural support intervention is appropriate utilizing a scoring module 122. Virtual mediation persona module 120 may be configured to map the generated score to one or more interactions with natural support utilizing a scoring map 124. Based on a mapping of the generated score to one or more interactions with natural support, virtual mediation persona module 120 may select one or more prompts 128 associated with the one or more interactions with natural support from a prompt library 126 and deliver one or more of prompts 128 to user device 106. In some embodiments, the one or more prompts 128 may comprise one or more suggestions 134 and/or entertaining interactions 136 with the first user, see par. [0044]);
delivering the report to the individual (one or more suggestions 134 and/or entertaining interactions 136 with the first user, see par. [0044]);
and automatically communicating an alert including the data to support personnel if the data indicate the individual is experiencing an emergency (suggesting one or more interventions for the second user to perform with respect to the first user. For example, the second user may be prompted by VMP 606 within the app on user device 108 to contact the first user via chat asking how the first user is feeling, see par [0045]; tracking of social determinants of health to proactively identify when a user needs assistance and provide real-time resources to the user, instant notification of when users utilize healthcare, emergency room/urgent care/crisis care, see par. [0040]) .
However Jordan does not teach compiling the data periodically into a report, including providing recommendations for improving the communications.
In a similar field of endeavor Shapiro teaches a substantially instant messaging system for one or more of generating, receiving, evaluating, and transmitting communications from a first party to a second party. The system includes a moderation platform for autonomously reviewing communications for prohibited content, whereby the content and context of one or more messages of a communication are reviewed and assessed for containing forbidden subject matter, see abstract. Shapiro teaches In certain instances, the method for crafting a communication may further include generating, at the graphical user interface of the dashboard display, an intuitive client interview including one or more questions or interrogatories that are configured for eliciting one or more responses from the individual using the client computing device. The one or more responses may be used, e.g., by the application or a server associated therewith, to assist in generating the communication. During this process, words proposed to be used that have been prohibited can be flagged, the violation can be explained, and an alternative word usage can be suggested, see par. [0184].
It would have been obvious to one of ordinary skill in the art to combine the Jordan invention with the teachings of Shapiro for the benefit of autonomously reviewing communications for prohibited content, whereby the content and context of one or more messages of a communication are reviewed and assessed for containing forbidden subject matter, see abstract.
However Jordan in view of Shapiro do not teach algorithmically generating recommendations for improving communications based on patterns identified in the intervention data.
In the same field of endeavor Shaw teaches systems to assesses the psychological tone of computerized communications, the characteristics of authors of these communications, or the psychological state of an employee to generate an indicator of risk, or use these results for the purpose of improved management of communications and relationships, see par. [0152]. The current invention automatically codes the content of the communications in a more complex fashion utilizing psychological content analysis categories such as negative and positive feelings, negative and positive evaluators and negatives. The user can then examine the actual content associated with this coding to determine the content associated with the emotional tone, see par. [0154].
It would have been obvious to one of ordinary skill in the art to combine the Jordan in view of Shapiro invention with the teachings of Shaw for the benefit of improved management of communications and relationships, see par. [0152].
Regarding claim 2 Shapiro teaches the method according to claim 1, wherein the intervening comprises automatically recommending the alternative phrasing to the individual (words proposed to be used that have been prohibited can be flagged, the violation can be explained, and an alternative word usage can be suggested, see par. [0184]).
Regarding claim 3 Jordan teaches the method according to claim 1, wherein the intervening comprises recommending mood and/or anxiety management techniques to the individual (Examples of such a first intervention or care self-management may include but are not limited going for a walk, or performing some other task or activity expected to improve a state of the first user, see par. [0060]).
Regarding claim 4 Jordan teaches the method according to claim 1, further comprising delivering the report to the provider (virtual mediation persona module 120 may send a prompt to perform the second intervention to user device 108 such that the second user is notified and encouraged to perform the second intervention for the benefit of the first user. Such a prompt may include and/or be delivered in a form of daily insights into the past or current state of the first user, for example a summary of prior and current emotional or physical states of the first user, see par. [0060]).
Regarding claim 5 Jordan teaches the method according to claim 1, further comprising providing training exercises to the individual to improve communication skills and/or self-management skills (going for a walk, or performing some other task or activity expected to improve a state of the first user, see par. [0060]).
Regarding claim 6 Jordan teaches a system for monitoring an individual's communications and recommending alternative phrasing, the system comprising:
a server that communicates with communications devices through a transceiver utilizing one or more networks, the server including a processor that executes a communications monitoring and intervention program stored in a memory to perform the method of claim 1 (System 110, user device 106 and user device 108 are operational with numerous general-purpose or special-purpose computing system environments, configurations, processors and/or microprocessors. Examples of well-known computing systems, environments, and/or configurations that may be suitable for use with the technology disclosed herein include, but are not limited to, personal computers, server computers, hand-held or laptop devices, multiprocessor systems, microprocessor-based systems, programmable consumer electronics, network PCs, minicomputers, mainframe computers, distributed computing environments that include any of the above systems or devices, see par. [0097]); and a database in communication with the server that manages the data, the database configured to store accounts of the provider and the individual, the data, and the report (Network Resource: A web page, file, document, program, service, or other form of data or instructions which is stored on a network node and which is accessible for retrieval and/or other use by other network nodes, see par. [0034]).
Regarding claim 7 Shapiro teaches the e system according to claim 6, wherein the communications monitoring and intervention program is configured to automatically recommend the alternative phrasing to the individual (words proposed to be used that have been prohibited can be flagged, the violation can be explained, and an alternative word usage can be suggested, see par. [0184]).
Regarding claim 8 Jordan teaches the system according to claim 6, wherein the communications devices represent wired or wireless communications and computing devices including the individual's communications device, and wherein the communications devices execute a version of the communications monitoring and intervention program and are utilized by the provider to receive the data (personal computers, server computers, hand-held or laptop devices, see par. [0097]).
Regarding claim 9 Jordan teaches a server comprising: a processor for executing a set of instructions for monitoring an individual's communications and recommending alternative phrasing (System 110, user device 106 and user device 108 are operational with numerous general-purpose or special-purpose computing system environments, configurations, processors and/or microprocessors, see par. [0097]); and a memory for storing the set of instructions for monitoring the individual's communications and recommending alternative phrasing, wherein the set of instructions are executed by the processor to perform the method of claim 1 (computer storage media and communication media including any medium that facilitates transfer of a computer program from one place to another. A storage media may be any available media that can be accessed by a computer, see par. [0102]).
Regarding claim 10 Shapiro teaches the server according to claim 9, wherein the set of instructions are further executed to automatically recommend the alternative phrasing to the individual (words proposed to be used that have been prohibited can be flagged, the violation can be explained, and an alternative word usage can be suggested, see par. [0184]).
Regarding claim 11 Jordan teaches server according to claim 10, wherein the server is accessible by the individual's communications device (environments, and/or configurations that may be suitable for use with the technology disclosed herein include, but are not limited to, personal computers, server computers, hand-held or laptop devices, multiprocessor systems, microprocessor-based systems, programmable consumer electronics, network PCs, minicomputers, mainframe computers, distributed computing environments that include any of the above systems or devices, see par. [0097]).
Regarding claim 12 Shaw teaches the method according to claim 1, wherein monitoring the individual's communications comprises applying pattern recognition algorithms to detect predetermined linguistic constructs selected from the group consisting of absolute terminology, hostile phrasing indicators, passive constructions, and emotional intensity markers ( Examples of key words and alert phrases, without limitation, include anger, e.g. hate, despise or resent, garbage, screwed, unfair, protest, resist, pissed, rage, hostility, etc., see par. [0201].
Regarding claim 13 Shaw teaches the method according to claim 1, wherein intervening comprises automatically generating contextual explanatory content describing why the original phrasing may be problematic and how the alternative phrasing differs in social or professional perception (These attributes had been previously measured but have not been applied to a computer implemented system in combination with psychological profiling and key word analysis to produce a warning and provide information regarding characteristics in an employee population, see par. [0203]).
Regarding claim 14 Shaw teaches the method according to claim 1, wherein storing data regarding the intervening comprises recording whether the individual accepted or rejected each intervention suggestion, and wherein compiling the data into a report comprises analyzing acceptance and rejection patterns to refine future intervention criteria (A user's assessment of the media image of a person, group, organization or idea in terms of frequency or visibility and emotional tone or valence can be analyzed in order to allow the user to take specific corrective actions, see par. [0155]).
Regarding claim 15 Jordan teaches a method for monitoring an individual's communications and recommending alternative phrasing, the method comprising:
receiving input, wherein the input includes settings for monitoring communications of the individual and criteria for intervening, wherein the input is stored in a database of a server, and administering the settings and criteria on an individual's communications device in communication with the server by one or more networks(instantiate an intervention mediator that may take the form of a bot that functions as a virtual mediation persona interacting with both a first user and a second user over the network to thereby facilitate and mediate consolidated communication and/or interaction between the first user and the second user, see par. [0038]);
storing data regarding the intervening in the database or in a memory of the individual's communications device;
compiling the data periodically into a report, including algorithmically generating recommendations for improving the communications based on patterns identified in the intervention data;
delivering the report to the individual; and
automatically communicating an alert including the data to support personnel if the data indicate the individual is experiencing an emergency.
monitoring the individual's communications via the individual's communications device (the first user may be a patient who interacts with system 110 via user device 106, which may be a smartphone… the first user's interaction with intervention mediator 102 via the app on user device 106 drives interaction between intervention mediator 102 and either or both of the first user via the app on user device 106 and the second user via the app on user device 108. Such interaction between the first user and system 110, may be mediated by a virtual mediation persona that appears on user devices 106, 108 and interacts with the users , see par. [0042]);
intervening in the individual's communications when the individual's communications meet a predetermined set of criteria (Intervention mediator 102 comprises a virtual mediation persona module 120 configured to generate an interaction with the first user via the app on user device 106 to assess a physical, mental or emotional state of the first user and determine whether a natural support intervention is appropriate, see par. [0043]);
storing data regarding the intervening in the database or in a memory of the individual's communications device (an interaction comprises virtual mediation persona module 120 generating one or more questions 130 regarding the mood, wellness and/or activity of the first user and VMP 606 asking or presenting questions 130 to the first user, for example utilizing communication module 104, see par. [0043]);
compiling the data periodically into a report (Virtual mediation persona module 120 may be configured to receive, via communication module 104, one or more answers 132 to questions 130 from the first user, entered via the app on user device 106. Utilizing answers 132, virtual mediation persona module 120 may be configured to generate an intervention score for determining whether a particular natural support intervention is appropriate utilizing a scoring module 122. Virtual mediation persona module 120 may be configured to map the generated score to one or more interactions with natural support utilizing a scoring map 124. Based on a mapping of the generated score to one or more interactions with natural support, virtual mediation persona module 120 may select one or more prompts 128 associated with the one or more interactions with natural support from a prompt library 126 and deliver one or more of prompts 128 to user device 106. In some embodiments, the one or more prompts 128 may comprise one or more suggestions 134 and/or entertaining interactions 136 with the first user, see par. [0044]);
delivering the report to the individual (one or more suggestions 134 and/or entertaining interactions 136 with the first user, see par. [0044]);
and automatically communicating an alert including the data to support personnel if the data indicate the individual is experiencing an emergency (suggesting one or more interventions for the second user to perform with respect to the first user. For example, the second user may be prompted by VMP 606 within the app on user device 108 to contact the first user via chat asking how the first user is feeling, see par [0045]; tracking of social determinants of health to proactively identify when a user needs assistance and provide real-time resources to the user, instant notification of when users utilize healthcare, emergency room/urgent care/crisis care, see par. [0040]) .
However Jordan does not teach compiling the data periodically into a report, including providing recommendations for improving the communications.
In a similar field of endeavor Shapiro teaches a substantially instant messaging system for one or more of generating, receiving, evaluating, and transmitting communications from a first party to a second party. The system includes a moderation platform for autonomously reviewing communications for prohibited content, whereby the content and context of one or more messages of a communication are reviewed and assessed for containing forbidden subject matter, see abstract. Shapiro teaches In certain instances, the method for crafting a communication may further include generating, at the graphical user interface of the dashboard display, an intuitive client interview including one or more questions or interrogatories that are configured for eliciting one or more responses from the individual using the client computing device. The one or more responses may be used, e.g., by the application or a server associated therewith, to assist in generating the communication. During this process, words proposed to be used that have been prohibited can be flagged, the violation can be explained, and an alternative word usage can be suggested, see par. [0184].
It would have been obvious to one of ordinary skill in the art to combine the Jordan invention with the teachings of Shapiro for the benefit of autonomously reviewing communications for prohibited content, whereby the content and context of one or more messages of a communication are reviewed and assessed for containing forbidden subject matter, see abstract.
However Jordan in view of Shapiro do not teach wherein intervening comprises automatically generating contextual explanatory content describing why the original phrasing may be problematic and how the alternative phrasing differs in social or professional perception.
In the same field of endeavor Shaw teaches systems to assesses the psychological tone of computerized communications, the characteristics of authors of these communications, or the psychological state of an employee to generate an indicator of risk, or use these results for the purpose of improved management of communications and relationships, see par. [0152]. The current invention automatically codes the content of the communications in a more complex fashion utilizing psychological content analysis categories such as negative and positive feelings, negative and positive evaluators and negatives. The user can then examine the actual content associated with this coding to determine the content associated with the emotional tone, see par. [0154]. These attributes had been previously measured but have not been applied to a computer implemented system in combination with psychological profiling and key word analysis to produce a warning and provide information regarding characteristics in an employee population, see par. [0203].
It would have been obvious to one of ordinary skill in the art to combine the Jordan in view of Shapiro invention with the teachings of Shaw for the benefit of improved management of communications and relationships, see par. [0152].
Regarding claim 16 Jordan teaches a method for monitoring an individual's communications and recommending alternative phrasing ( system for selectively generating a prompt for an intervention is provided, see par. [0004]), the method comprising:
receiving input from an individual provider serving the individual receiving treatment, wherein the input includes settings for monitoring communications of the individual and criteria for intervening, wherein the input is stored in a database of a server, and administering the settings and criteria on an individual's communications device in communication with the server by one or more networks (instantiate an intervention mediator that may take the form of a bot that functions as a virtual mediation persona interacting with both a first user and a second user over the network to thereby facilitate and mediate consolidated communication and/or interaction between the first user and the second user, see par. [0038]);
monitoring the individual's communications via the individual's communications device (the first user may be a patient who interacts with system 110 via user device 106, which may be a smartphone… the first user's interaction with intervention mediator 102 via the app on user device 106 drives interaction between intervention mediator 102 and either or both of the first user via the app on user device 106 and the second user via the app on user device 108. Such interaction between the first user and system 110, may be mediated by a virtual mediation persona that appears on user devices 106, 108 and interacts with the users , see par. [0042]);
intervening in the individual's communications when the individual's communications meet a predetermined set of criteria (Intervention mediator 102 comprises a virtual mediation persona module 120 configured to generate an interaction with the first user via the app on user device 106 to assess a physical, mental or emotional state of the first user and determine whether a natural support intervention is appropriate, see par. [0043]);
storing data regarding the intervening in the database or in a memory of the individual's communications device (an interaction comprises virtual mediation persona module 120 generating one or more questions 130 regarding the mood, wellness and/or activity of the first user and VMP 606 asking or presenting questions 130 to the first user, for example utilizing communication module 104, see par. [0043]);
compiling the data periodically into a report (Virtual mediation persona module 120 may be configured to receive, via communication module 104, one or more answers 132 to questions 130 from the first user, entered via the app on user device 106. Utilizing answers 132, virtual mediation persona module 120 may be configured to generate an intervention score for determining whether a particular natural support intervention is appropriate utilizing a scoring module 122. Virtual mediation persona module 120 may be configured to map the generated score to one or more interactions with natural support utilizing a scoring map 124. Based on a mapping of the generated score to one or more interactions with natural support, virtual mediation persona module 120 may select one or more prompts 128 associated with the one or more interactions with natural support from a prompt library 126 and deliver one or more of prompts 128 to user device 106. In some embodiments, the one or more prompts 128 may comprise one or more suggestions 134 and/or entertaining interactions 136 with the first user, see par. [0044]);
delivering the report to the individual (one or more suggestions 134 and/or entertaining interactions 136 with the first user, see par. [0044]);
and automatically communicating an alert including the data to support personnel if the data indicate the individual is experiencing an emergency (suggesting one or more interventions for the second user to perform with respect to the first user. For example, the second user may be prompted by VMP 606 within the app on user device 108 to contact the first user via chat asking how the first user is feeling, see par [0045]; tracking of social determinants of health to proactively identify when a user needs assistance and provide real-time resources to the user, instant notification of when users utilize healthcare, emergency room/urgent care/crisis care, see par. [0040]) .
However Jordan does not teach compiling the data periodically into a report, including providing recommendations for improving the communications.
In a similar field of endeavor Shapiro teaches a substantially instant messaging system for one or more of generating, receiving, evaluating, and transmitting communications from a first party to a second party. The system includes a moderation platform for autonomously reviewing communications for prohibited content, whereby the content and context of one or more messages of a communication are reviewed and assessed for containing forbidden subject matter, see abstract. Shapiro teaches In certain instances, the method for crafting a communication may further include generating, at the graphical user interface of the dashboard display, an intuitive client interview including one or more questions or interrogatories that are configured for eliciting one or more responses from the individual using the client computing device. The one or more responses may be used, e.g., by the application or a server associated therewith, to assist in generating the communication. During this process, words proposed to be used that have been prohibited can be flagged, the violation can be explained, and an alternative word usage can be suggested, see par. [0184].
It would have been obvious to one of ordinary skill in the art to combine the Jordan invention with the teachings of Shapiro for the benefit of autonomously reviewing communications for prohibited content, whereby the content and context of one or more messages of a communication are reviewed and assessed for containing forbidden subject matter, see abstract.
However Jordan in view of Shapiro do not teach algorithmically generating recommendations for improving communications based on patterns identified in the intervention data; storing data regarding the intervening in the database or in a memory of the individual's communications device, wherein storing data regarding the intervening comprises recording whether the individual accepted or rejected each intervention suggestion
In the same field of endeavor Shaw teaches systems to assesses the psychological tone of computerized communications, the characteristics of authors of these communications, or the psychological state of an employee to generate an indicator of risk, or use these results for the purpose of improved management of communications and relationships, see par. [0152]. The current invention automatically codes the content of the communications in a more complex fashion utilizing psychological content analysis categories such as negative and positive feelings, negative and positive evaluators and negatives. The user can then examine the actual content associated with this coding to determine the content associated with the emotional tone, see par. [0154]. A user's assessment of the media image of a person, group, organization or idea in terms of frequency or visibility and emotional tone or valence can be analyzed in order to allow the user to take specific corrective actions, see par. [0155].
It would have been obvious to one of ordinary skill in the art to combine the Jordan in view of Shapiro invention with the teachings of Shaw for the benefit of improved management of communications and relationships, see par. [0152].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Pertinent prior art available on form 892.
Shaw ‘268 teaches a method of and system for computerized psychological content analysis of computer and media generated communications which provide real time analysis and output communications to facilitate a user's evaluation of the frequency, psychological tone and psychological characteristics of the contents from an author contained in a communication in order to assist the user in managing these relationships, a user's evaluation of the frequency, psychological tone and psychological characteristics contained in the user's own communications (self-monitoring) to support improved relationship management, organizational and individual actions when a programmed and selectable psychological state of an author who originates or receives computer-mediated communications, see par. [0155].
Kumar ‘470 teaches automatically classifying a user’s behavior, see par. [0077].
Brinig ‘553 teaches he system uses automatic template identification and content extraction. The system can automatically detect communications that follow a template by comparing multiple communications.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Ortiz-Sanchez whose telephone number is (571)270-3711. The examiner can normally be reached Monday- Friday 9AM-6PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bhavesh Mehta can be reached at 571-272-7453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL ORTIZ-SANCHEZ/Primary Examiner, Art Unit 2656