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 filed 09/30/2025 have been fully considered but they are not persuasive. Applicant argues that the claims are not directed to an abstract idea. The Examiner disagrees. Applicant’s original specification as filed plainly describes the invention as “an exemplary method for efficient interactive data solicitation, processing, and routing includes receiving and processing first information pertaining to a request for second information, the first information being from a request originator.” Solicitation falls in the bucket of a marketing or sales activity or business relation.
Applicant further argues that the claims are directed to significantly more than the abstract idea. The Examiner disagrees. As the claims are currently presented, the additional elements ie memory interface, circuitry etc.. are merely being used as tools to implement the abstract idea.
When the additional elements are taken alone or in combination, the additional elements amount to no more than: mere instructions to apply the exception using a generic computer component. Accordingly, Applicant’s arguments are not persuasive and the rejections are maintained.
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 2-20 and 21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter 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.
MPEP 2106 Step 2A-Prong 1
The claims recite:
to obtain first information and second information, wherein the first information corresponds to a request for the second information and the second information is solicited data of a respondent;
generate a score value for the second information to qualify the respondent for an interview regarding the request;
in response to the score value qualifying the respondent for the interview regarding the request, identify a plurality of entities seeking third information from the respondent;
automatically generate scheduling options by interfacing with the plurality of entities and the respondent;
in response to receiving an immediate interview scheduling option selection from the respondent, automatically bridging separate communication channels established based on the immediate interview scheduling option selection, such that the respondent and an interviewer of one of the plurality of entities are connected through a call;
automatically generate a structured transcript from audio captured during the call to generate the third information.
The claims falls into the abstract idea groupings of (b) Certain Methods Of Organizing Human Activity ** fundamental economic principles or practices (including hedging, insurance, mitigating risk) commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations) managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)**
The limitations under their broadest reasonable interpretation, covers performance of marketing or sales activities or behaviors, but for the recitation of generic computer components. That is, other than recited, “computer network and database”, nothing in the claim element precludes the step from practically being certain methods of organizing human activity. Accordingly, the claims recite an abstract idea.
MPEP 2106 Step 2A-Prong 2
The recited limitations are not indicative of integration into a practical application. In particular, the claims only recite the following additional elements, computer network and database. These additional elements are recited at a high-level of generality such that in conjunction with the abstract limitations, they amount to no more than:
Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f);
- (interface circuitry; memory, processor, a voice over internet (VoIP) network using a server)
The claims do not include additional elements individually or in an ordered combination that are sufficient to amount to significantly more than the judicial exception. Integration into a practical application requires the additional element(s) to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the exception. This is not the case in the instant application. Further, 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; generally linking the use of the judicial exception to a particular technological environment or field of use.
MPEP 2106 Step 2B
Eligibility requires that the claim recites additional elements that amount to an inventive concept (aka “significantly more”) than the recited judicial exception. As discussed above, this is where the instant application falls short. The claims do not include additional elements individually or in an ordered combination that are sufficient to amount to significantly more than the judicial exception
Dependent Claims Step 2A:
The limitations of the dependent claims but for those addressed below merely set forth further refinements of the abstract idea without changing the analysis already
presented (that is, they further limit the organizing of human activities at step 2A —
Prong One without adding any new additional elements other than those already
analyzed above with respect to the independent claims at 2A — Prong Two; While claim 3-6 describes a database and database entry, 7 describes a link, 8 describes an SMS text message, 9-12 a database, 13 describes a computing network, 14 describes an SMS text message, 15 describes a database, 16 describes an SMS text message, 17 describes an email address, Claim 18 describes a website and the internet, Claim 19 describes an app and mobile phone, Claim 20 describes a web form and dissemination system, these additional elements do not remedy the deficiencies.
Dependent Claims Step 2B:
The dependent claims merely use the same general technological environment
and instructions to implement the abstract idea as the independent claims without
adding any new additional elements. Accordingly, they are not directed to significantly
more than the exception itself, and are not eligible subject matter under § 101.
Conclusion
THIS ACTION IS MADE FINAL. 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 TONYA S JOSEPH whose telephone number is (571)270-1361. The examiner can normally be reached M-F 6:30-2:30, First Fridays Off.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shannon Campbell can be reached at (571) 272-5587. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TONYA JOSEPH/Primary Examiner, Art Unit 3628