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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on September 21, 2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-20 are rejected under 35 U.S.C. 101 because the claims are directed to a judicial exception, in this case the exception is an abstract idea (see MPEP 2016.03).
Independent Claims 1 and 11
Step 2A – Prong One:
The limitations of these claims recite the following:
analyzing social media content to identify a plurality of issues encountered by clients of a contact center
ranking the plurality of issues
identifying a plurality of agents best suited to handle the selected issue based on agent skills
determining a next best available time for a live agent session
These specific limitations recite an abstract idea, a certain method of organizing human activity because these limitations has been performed by contact center managers because they collect and analyze call center statistics to adjust processes to meet goals, both customer service and operational. Additionally, the limitations recite a mental process on a generic computer or in a computer environment (see MPEP 2016.04(a)(2)). The determining, updating and generation of data are concepts that can be performed in the human mind, specifically observation and evaluation.
Claims 1, and 11 recite an abstract idea.
Step 2A – Prong Two:
The scope of the independent claim limitations incorporate the following additional elements:
one processor; and at least one memory
a computing system
using an artificial intelligence model
broadcasting a stream of the live agent session
These additional elements listed above, or combination of these elements, amount to nothing more than simply reciting the abstract idea while adding the words ‘apply it’, MPEP 2106.05(f). The system elements, one or more processors, a memory compromising a plurality of instructions, to implement the abstract idea amount to mere instructions to apply it using generic computer components. Further additional elements that recite generally implemented computer processes, like broadcasting a stream of the live agent session, are recited at a high level of generality amount to nothing more than instructions to apply the abstract idea without any improvement to technology, technical field, or to the functioning of the computer itself.
Therefore, the additional elements, whether evaluated individually or in combination, fail to integrate the recited abstract idea into a practical application. The claimed invention is directed to an abstract idea.
Step 2B
Under Step 2B of the patent eligibility analysis, the combination of additional elements is evaluated to determine whether they amount to something “significantly more” than the recited abstract idea of analyzing social media content. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements amount to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept.
Claims 1 and 11 are not patent eligible.
Dependent Claims –
Claims 2 and 12 further recite the abstract idea of analyzing social media comments and reactions. This is a function that an administrator who analyzes client feedback information. The claim limitations are directed to an abstract idea without significantly more.
Claims 3 and 13 further recite the abstract idea of analyzing social media comments and reactions as well as generating a suggested list of agents. This is a function that an administrator who analyzes client feedback information to adjust processes and operations to meet customer service expectations. The claim limitations are directed to an abstract idea without significantly more.
Claims 4 and 14 recite the additional element of retrieving knowledgebase content based on social media comments and reactions. This additional element, whether considered individually or in combination, does not integrate the abstract idea into a practical application because these additional elements do not add significantly more to apply the abstract idea.
Claims 5 and 15 further recite the abstract idea of a ranking of agents from a suggested list. This is a function that an administrator who analyzes client feedback information to adjust processes and operations to meet customer service expectations. The claim limitation is directed to an abstract idea without significantly more.
Claims 6 and 16 recite the additional elements, transmitting an invitation to a live agent session and broadcast the livestream. These additional elements, whether considered individually or in combination, do not integrate the abstract idea into a practical application because these additional elements do not add significantly more to apply the abstract idea.
Claims 7 and 17 further recite the abstract idea of a ranking of the plurality of client issues. This is a function that an administrator who analyzes client feedback information to adjust processes and operations to meet customer service expectations by ranking the issues impacting clients. The claim limitation is directed to an abstract idea without significantly more.
Claims 8 and 18 further recite the abstract idea of a ranking of the plurality of client issues based upon the relative importance of the client. This is a function that an administrator who analyzes client feedback information to adjust processes and operations to meet customer service expectations by ranking the issues impacting clients. The claim limitation is directed to an abstract idea without significantly more.
Claims 9 and 19 further recite the abstract idea of a ranking of the plurality of client issues based upon the potential impact of the issue. This is a function that an administrator who analyzes client feedback information to adjust processes and operations to meet customer service expectations by ranking the issues impacting clients. The claim limitation is directed to an abstract idea without significantly more.
Claims 10 and 20 further recite the additional elements of broadcasting the live agent session, receiving the stream from a uniform resource locator, and relaying real-time stream from the agent desktop. These additional elements, whether considered individually or in combination, do not integrate the abstract idea into a practical application because these additional elements do not add significantly more to apply the abstract idea.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Gaedcke et al, US Patent Application Publication US 2018/0349916 A1, herein referred to as “Gaedcke”, and further in view of Pirat et al, US Patent Application Publication US 2018/0084111 A1, herein referred to as “Pirat”.
Regarding Claims 1 and 11, Gaedcke teaches the following limitations:
analyzing, by a computing system, social media content using an artificial intelligence model to identify a plurality of issues encountered by clients of a contact center
(¶0060-61 and Fig. 1 – the current system detects messages from varied sources, like social media communications, and consolidates the message into one cohesive conversation to get a picture of messages, past and present; the system self-learns to provide better customer service and responses)
Under the broadest reasonable interpretation, self-learning is a subset of artificial intelligence
ranking, by the computing system, the plurality of issues encountered by the clients of the contact center based on a priority of resolving each of the plurality of issues
(¶0061 and Fig. 1 – the customer business context application dynamically scores customer comments about a business’s products and services and forms conclusions using scoring heuristic algorithms)
selecting, by the computing system, an issue of the plurality of issues ranked as a highest priority issue
(¶0064 and Fig. 1 – the quickstart process application scores and provides priority of product and brand mentions from social media posts to create a weighted list of keywords to the correct support agent or team)
identifying, by the computing system, a plurality of agents best suited to handle the selected issue based on agent skills related to the selected issue
(¶0064 and Fig. 1)
determining, by the computing system, a next best available time for a live agent session with a group of agents selected from the identified plurality of agents based on respective real- time interaction loads of the identified plurality of agents
(¶0067, Fig. 3A and Fig. 3B – the system response portal places a prioritized post into an available queue for the next available agent to claim it and start the support conversation)
broadcasting, by the computing system, a stream of the live agent session at the next best available time through at least one social media channel to the clients of the contact center
(¶0067, Fig. 3A and Fig. 3B – the system response portal assigns and tracks a support request to a queue to be claimed by the next available agent; the agent crafts a response and sends it through a social network communication conduit)
However, Gaedcke does not fully teach “broadcasting a stream of the live agent session”. Pirat does teach broadcasting a stream of the live agent session:
(¶0055 – customers frequently use multiple communication modes, including voice and video, through communication channels and other suitable mediums, including social media, to communicate with live agents)
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the Gaedcke teaching for the agent to craft a response through a social network communication conduit and the Pirat teaching of the customer use of live agent sessions over social media channels. One of ordinary skill in the art would have been motivated to combine these teachings to remain vigilant of evolving customer demands of a call center and improve the customer experience by optimizing the experience by providing live agent video sessions through social media channels.
Regarding Claims 2 and 12, Gaedcke and Pirat teach the limitations above. Gaedcke teaches the following limitation:
wherein analyzing the social media content comprises analyzing social media content from a plurality of social media systems
(¶0009 – retrieve data from multiple “listening” services that monitor internet social networks)
Regarding Claims 3 and 13, Gaedcke and Pirat teach the limitations above. Gaedcke teaches the following limitations:
analyzing, by the computing system, at least one of social media comments and reactions of the clients of the contact center to the live agent session
(¶0067, Fig. 3A and Fig. 3B – the customer response portal tracks responses to third-party communication conduits, like social media sites)
generating, by the computing system, one or more suggestions for the group of agents based on the analysis of the at least one of social media comments and reactions of the clients of the contact center to the live agent session
(¶0067, Fig. 3A and Fig. 3B – the system response portal assigns and tracks a support request to a queue to be claimed by the next available agent)
Regarding Claims 4 and 14, Gaedcke and Pirat teach the limitations above. Gaedcke teaches the following limitation:
wherein generating the one or more suggestions for the group of agents comprises retrieving content from a knowledgebase responsive to the at least one of the social media comments and reactions of the clients of the contact center to the live agent session
(¶0080 and Fig. 5– the social customer care system provides links to a knowledge base and template responses)
Regarding Claims 5 and 15, Gaedcke and Pirat teach the limitations above. Gaedcke teaches the following limitation:
wherein generating the one or more suggestions for the group of agents comprises ranking a priority of addressing the at least one of the social media comments and reactions of the clients of the contact center to the live agent session
(¶0081, Fig. 4 and Fig. 6 – the social customer care system provides tools to reassign or change the priority of the customer request based upon the data from the customer interaction with response through social network communication conduit as specified in Fig. 4)
Regarding Claims 6 and 16, Gaedcke and Pirat teach the limitations above. Gaedcke teaches the following limitations:
further comprising transmitting, by the computing system, an invitation to the live agent session to clients of the contact center potentially affected by the selected issue in response to determining the next best available time for the live agent session
(¶0067, Fig. 3A and Fig. 3B)
wherein broadcasting the stream of the live agent session to the clients of the contact center comprises broadcasting the stream of the live agent session to the clients of the contact center potentially affected by the selected issue
(¶0066, Fig. 1 and Fig.2)
However, Gaedcke does not fully teach “broadcasting the stream of the live agent session”. Pirat does teach broadcasting the stream of the live agent session:
(¶0055 – customers frequently use multiple communication modes, including voice and video, through communication channels and other suitable mediums, including social media, to communicate with live agents)
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the Gaedcke teaching for the agent to craft a response through a social network communication conduit and the Pirat teaching of the customer use of live agent sessions. One of ordinary skill in the art would have been motivated to combine these teachings to remain vigilant of evolving customer demands of a call center and improve the customer experience by optimizing the experience by providing live agent video sessions through social media channels.
Regarding Claims 7 and 17, Gaedcke and Pirat teach the limitations above. Gaedcke teaches the following limitation:
wherein ranking the plurality of issues encountered by the clients of the contact center based on the priority of resolving each of the plurality of issues comprises determining a respective number of the clients of the contact center affected by each of the plurality of issues
(¶0065 and Fig. 1 – the consumer resolver matching application provides the functionality to find other consumers with the same problem being faced by the current consumer)
Regarding Claims 8 and 18, Gaedcke and Pirat teach the limitations above. Gaedcke teaches the following limitation:
wherein ranking the plurality of issues encountered by the clients of the contact center based on the priority of resolving each of the plurality of issues comprises determining a respective importance of the clients of the contact center affected by each of the plurality of issues
(¶0064 and Fig. 1 – the quickstart process application scores and provides priority of product and brand mentions from social media posts to create a weighted list of keywords to the correct support agent or team)
Regarding Claims 9 and 19, Gaedcke and Pirat teach the limitations above. Gaedcke teaches the following limitation:
wherein ranking the plurality of issues encountered by the clients of the contact center based on the priority of resolving each of the plurality of issues comprises determining a respective potential impact of each of the plurality of issues on non-reporting clients of the contact center
(¶0025 – the quickstart process application provides the functionality to score the relevancy and prioritize the product and brand mention data retrieve from social media postings to configure the scoring and routing process)
Regarding Claims 10 and 20, Gaedcke and Pirat teach the limitations above. Gaedcke teaches the following limitations:
wherein broadcasting the stream of the live agent session through the at least one social media channel comprises:
receiving, for each social media channel, a respective streaming uniform resource locator (URL) and key of a respective social media system
(¶0128 – a URL link, with embedded transaction identifier, directed to the response portal where the customer can access details about the answer, knowledge-based articles, related posts and responses, etc.)
relaying a real-time media player (RTMP) stream from an agent desktop of the group of agents to a respective streaming server of the respective social media system using the respective streaming URL and key
(¶0128)
Under the broadest reasonable interpretation, the desktop device of an agent would be able to play a media file using a generic media player application.
However, Gaedcke does not fully teach “broadcasting the stream of the live agent session”. Pirat does teach broadcasting the stream of the live agent session:
(¶0055 – customers frequently use multiple communication modes, including voice and video, through communication channels and other suitable mediums, including social media, to communicate with live agents)
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the Gaedcke teaching for the agent to craft a response through a social network communication conduit and the Pirat teaching of the customer use of live agent sessions over social media channels. One of ordinary skill in the art would have been motivated to combine these teachings to remain vigilant of evolving customer demands of a call center and improve the customer experience by optimizing the experience by providing live agent video sessions through social media channels.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAHUL SHARMA whose telephone number is (571) 272-3058. The examiner can normally be reached Monday thru Friday, 8-5 CT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Uber can be reached at (571) 270-3923. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/RAHUL SHARMA/Examiner, Art Unit 3626
/NATHAN C UBER/Supervisory Patent Examiner, Art Unit 3626
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