Prosecution Insights
Last updated: October 04, 2026
Application No. 18/606,270

SYSTEMS AND METHODS FOR AUTOMATIC GENERATION OF LISTENING TEST AUDIO FROM AUDIOSCRIPT

Final Rejection §101
Filed
Mar 15, 2024
Priority
Mar 16, 2023 — CN 202310254417.X
Examiner
JACKSON, JAKIEDA R
Art Unit
2657
Tech Center
2600 — Communications
Assignee
Nanjing Conceptive Arts Digital Technology Co. Ltd.
OA Round
2 (Final)
74%
Grant Probability
Favorable
3-4
OA Rounds
6m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
683 granted / 921 resolved
+12.2% vs TC avg
Strong +16% interview lift
Without
With
+15.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
40 currently pending
Career history
955
Total Applications
across all art units

Statute-Specific Performance

§101
27.1%
-12.9% vs TC avg
§103
42.3%
+2.3% vs TC avg
§102
20.7%
-19.3% vs TC avg
§112
2.8%
-37.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 921 resolved cases

Office Action

§101
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 Amendment In response to the Office Action mailed April 28, 2026, applicant submitted an amendment filed on August 19, 2026, in which the applicant amended and requested reconsideration. The 101 rejection remains for reasons as set forth below. 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 21-46 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claims are directed to organizing, analyzing, classifying and extracting information. The claims fall under the mental processing of receiving a marked script, parsing the information, classifying and extracting data, generating configuration information, displaying the data for review, receiving confirmed information, using the information to generate text to speech and concatenating the data, along with methods for organizing information and content generation workflows. The present claim language under its broadest reasonable interpretation, covers performance of mental processing and recites generic computer components, which all falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. This judicial exception is not integrated into a practical application. In particular, the claim only recites additional elements which are recited at a high-level of generality (i.e., as a generic processor performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim does 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 amounts 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. The claims are not patent eligible. According to Step 1, it includes determining whether the claims fall within a statutory category. The claims include a method, therefore the claims fall within a statutory category. Step 2A Prong one, includes evaluating whether the claims recite a judicial exception. The claims recite a judicial exception, therefore an evaluation is done to determine if the claims fit into one of the categories. As explained, the claims fit into the mental processing concept and organizing, analyzing, classifying and extracting information category. In particular, the claim recites organizing and analyzing information by parsing an audioscript, classifying textual information into predetermined categories, extracting information from the classified text and generating configuration information based on analyzed information, which is read on evaluations and judgments that can be practically performed in the human mind or with pen and paper. Prong 2B is used to evaluate whether the claims recite additional elements that integrate the exception into a practical application. As explained the judicial exception is not integrated into a practical application. In particular, the claim only recites additional elements which are recited at a high-level of generality (i.e., as a generic processor performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Although the classification is performed by a text classifier service that includes a language model, it doesn’t change the result. The TTS service is a generic tool being used after the abstract information processing occurs. Using a computer as a tool or adding insignificant extra solution activity does not integrate the abstract idea into a practical application. Furthermore, there is no technological improvement. Therefore, the claims are non-statutory. The dependent claims recite similar language, manually adding markers, parsing data, generating and combining configurations, extracting data, saving data, using tags, replacing values and deleting data, which is all mental processing and organizing human activity, which is non-statutory. Conclusion 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 JAKIEDA R JACKSON whose telephone number is (571)272-7619. The examiner can normally be reached Mon - Fri 6:30a-2:30p. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Washburn can be reached at 571.272.5551. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JAKIEDA R JACKSON/Primary Examiner, Art Unit 2657
Read full office action

Prosecution Timeline

Mar 15, 2024
Application Filed
Apr 28, 2026
Non-Final Rejection mailed — §101
Aug 19, 2026
Response Filed
Sep 23, 2026
Final Rejection mailed — §101 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
74%
Grant Probability
90%
With Interview (+15.6%)
3y 0m (~6m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 921 resolved cases by this examiner. Grant probability derived from career allowance rate.

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