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 May 16, 2024 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 § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-7 and 9-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Leber et al. (US 2003/0182391 A1).
As to claim 1, Leber discloses a system [FIG. 1] for enhanced automated response systems testing, comprising:
a chatbot testing server [Conventional server 110 on FIG. 1] comprising a first plurality of programming instructions stored in a memory [RAM] of, and operating on a processor [CPU] of, a computing device [Console 114 on FIG. 1], wherein the first plurality of programming instructions, when operating on the processor [Paragraph 0059], causes the computing device to:
initialize a chatbot agent based on a chatbot test case comprising a conversation flow and configuration data [“The subroutine checks the screen name of known users of a chat-bot. A text box performs a test of the first word of the message.” Paragraphs 0069-0070];
use a chatbot connector to connect the chatbot agent with an enterprise chatbot [“The chat-bot is presently set up as a free service connects to any new user who choose a screen-name in the enterprise.” Paragraph 0070];
execute the chatbot test case by performing the conversation flow between the chatbot agent and the enterprise chatbot [“A test is executed whether the input sentence matches the template.” Paragraph 0075]; and
generate a result of the chatbot test case by monitoring the result conversation flow to identify one or more points of failure in the enterprise chatbot [“A subroutine repeat the test until it yield a result whether it is positive or negative identifying multipoint of failures.” Paragraph 0076].
As to claim 2, Leber discloses the system of claim 1, further comprising a user interface comprising a second plurality of programming instructions stored in the memory of, and operating on the processor of, the computing device, wherein the second plurality of programming instructions, when operating on the processor, causes the computing device to: allow a user to create the chatbot test case [“The user finds a match between the input and a predetermined template to create the chat-bot test.” Paragraph 0091];
store the chatbot test case in a database [“The user stores the test in the personal information.” Paragraphs 0091-0092];
receive the result of the chatbot test case from the chatbot testing server [“The contact manager allows the user to store, manage and retrieve information result.” Paragraphs 0091-0092]; and
display the result of the chatbot test case [“The response or the result is displayed to the personal computer screen.” Paragraphs 0067 and 0091].
As to claim 3, Leber discloses the system of claim 1, wherein the chatbot connector is selected from a list comprising a plurality of pre-configured chatbot connectors [“The database contains a list of screen-names of known users.” Paragraph 0069].
As to claim 4, Leber discloses the system of claim 1, wherein the chatbot connector is a user defined chatbot connector [“A conventional identification subroutine is used to confirm the identity of a user.” Paragraph 0070].
As to claim 5, Leber discloses the system of claim 1, wherein the configuration data comprises a test script comprising one or more asserters and one or more logic hooks [“The response sent to personal computer as the most relevant information or asserter information retrieve from the website.” Paragraph 0177].
As to claim 6, Leber discloses the system of claim 1, wherein the conversational flow comprises user utterances and chatbot utterances [“The command send a generic message such as a conversation or a piece of casual conversation.” Paragraph 0077].
As to claim 7, Leber discloses the system of claim 6, wherein the user utterances and the chatbot utterances are selected from utterance lists [“The database contains a list of screen-names of known users.” Paragraph 0069].
As to claim 9, Leber discloses a method for enhanced automated response systems testing [Paragraph 0069], comprising the steps of:
initializing a chatbot agent based on a chatbot test case comprising a conversation flow and configuration data [“The subroutine checks the screen name of known users of a chat-bot. A text box performs a test of the first word of the message.” Paragraphs 0069-0070];
using a chatbot connector to connect the chatbot agent with an enterprise chatbot [“The chat-bot is presently set up as a free service connects to any new user who choose a screen-name in the enterprise.” Paragraph 0070];
executing the chatbot test case by performing the conversation flow between the chatbot agent and the enterprise chatbot [“A test is executed whether the input sentence matches the template.” Paragraph 0075]; and
generating a result of the chatbot test case by monitoring the conversation flow to identify one or more points of failure in the enterprise chatbot [“A subroutine repeat the test until it yield a result whether it is positive or negative identifying multipoint of failures.” Paragraph 0076].
As to claim 10, Leber discloses the method of claim 9, wherein the user interface is an administrator interface configured to perform the following additional steps: creating, by a user, the chatbot test case [“The user finds a match between the input and a predetermined template to create the chat-bot test.” Paragraph 0091];
storing the chatbot test case in a database [“The user stores the test in the personal information.” Paragraphs 0091-0092];
receiving the result of the chatbot test case from the chatbot testing server [“The contact manager allows the user to store , manage and retrieve information result.” Paragraphs 0091-0092]; and
displaying the result of the chatbot test case [“The response or the result is displayed to the personal computer screen.” Paragraphs 0067 and 0091].
As to claim 11, Leber discloses the method of claim 9, further comprising the step of selecting the chatbot connector from a list comprising a plurality of pre-configured chatbot connectors [“The database contains a list of screen-names of known users.” Paragraph 0069].
As to claim 12, Leber discloses the method of claim 9, wherein the chatbot connector is a user defined chatbot connector [“A conventional identification subroutine is used to confirm the identity of a user.” Paragraph 0070].
As to claim 13, Leber discloses the method of claim 9, wherein the configuration data comprises a test script comprising one or more asserters and one or more logic hooks [“The response sent to personal computer as the most relevant information or asserter information retrieve from the website.” Paragraph 0177].
As to claim 14, Leber discloses the method of claim 9, wherein the conversational flow comprises user utterances and chatbot utterances [“The command send a generic message such as a conversation or a piece of casual conversation.” Paragraph 0077].
As to claim 15, Leber discloses the method of claim 14, wherein the user utterances and the chatbot utterances are selected from utterance lists [“The database contains a list of screen-names of known users.” Paragraph 0069].
Allowable Subject Matter
Claims 8 and 16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12,047,534 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because at least one claim of the instant application is being taught by the claims of the U.S. Patent.
Note that the previous patent granted of the parent application family are also considered such as: 11722598 11489962 10291776 10091356.
Patented claim 1 recites a system for enhanced automated response systems testing which perform the feature of monitor the results of the test case to indicate points of failure in the enterprise chatbot.
The pending claim 1 recites system for enhanced automated response systems testing which perform the similar feature of monitor the results of the test case to indicate points of failure in the enterprise chatbot.
Therefore, the patented claim 1 anticipates the pending 1.
Pending claims 2-16 have similar limitations comparing the patented claims 2-16.
Pending claims
Patented claims
1. A system for enhanced automated response systems testing, comprising: a chatbot testing server comprising a first plurality of programming instructions stored in a memory of, and operating on a processor of, a computing device, wherein the first plurality of programming instructions, when operating on the processor, causes the computing device to: initialize a chatbot agent based on a chatbot test case comprising a conversation flow and configuration data; use a chatbot connector to connect the chatbot agent with an enterprise chatbot; execute the chatbot test case by performing the conversation flow between the chatbot agent and the enterprise chatbot; and generate a result of the chatbot test case by monitoring the result conversation flow to identify one or more points of failure in the enterprise chatbot.
2. The system of claim 1, further comprising a user interface comprising a second plurality of programming instructions stored in the memory of, and operating on the processor of, the computing device, wherein the second plurality of programming instructions, when operating on the processor, causes the computing device to: allow a user to create the chatbot test case; store the chatbot test case in a database; receive the result of the chatbot test case from the chatbot testing server; and display the result of the chatbot test case.
3. The system of claim 1, wherein the chatbot connector is selected from a list comprising a plurality of pre-configured chatbot connectors.
4. The system of claim 1, wherein the chatbot connector is a user defined chatbot connector.
5. The system of claim 1, wherein the configuration data comprises a test script comprising one or more asserters and one or more logic hooks.
6. The system of claim 1, wherein the conversational flow comprises user utterances and chatbot utterances.
7. The system of claim 6, wherein the user utterances and the chatbot utterances are selected from utterance lists.
8. The system of claim 1, further comprising a chatbot crawler comprising a third plurality of programming instructions stored in the memory of, and operating on the processor of, the computing device, wherein the third plurality of programming instructions, when operating on the processor, causes the computing device to: traverse the conversation flow to detect one or more conversation paths; for each detected conversation path generate a path flow chart and a conversation; after all conversation paths in the conversation flow have been detected, generate a conversation tree flow chart; display the conversation tree flow chart at the user interface; and produce a plurality of chatbot test cases, wherein each test case is based at least in part on the conversation flow and the conversation of a detected conversation path.
9. A method for enhanced automated response systems testing, comprising the steps of: initializing a chatbot agent based on a chatbot test case comprising a conversation flow and configuration data; using a chatbot connector to connect the chatbot agent with an enterprise chatbot; executing the chatbot test case by performing the conversation flow between the chatbot agent and the enterprise chatbot; and generating a result of the chatbot test case by monitoring the conversation flow to identify one or more points of failure in the enterprise chatbot.
10. The method of claim 9, wherein the user interface is an administrator interface configured to perform the following additional steps: creating, by a user, the chatbot test case; storing the chatbot test case in a database; receiving the result of the chatbot test case from the chatbot testing server; and displaying the result of the chatbot test case.
11. The method of claim 9, further comprising the step of selecting the chatbot connector from a list comprising a plurality of pre-configured chatbot connectors.
12. The method of claim 9, wherein the chatbot connector is a user defined chatbot connector.
13. The method of claim 9, wherein the configuration data comprises a test script comprising one or more asserters and one or more logic hooks.
14. The method of claim 9, wherein the conversational flow comprises user utterances and chatbot utterances.
15. The method of claim 14, wherein the user utterances and the chatbot utterances are selected from utterance lists.
16. The method of claim 9, further comprising the steps of: traversing the conversation flow detecting one or more conversation paths; for each detected conversation path generating a path flow chart and a conversation; after all conversation paths in the conversation flow have been detected, generating a conversation tree flow chart; displaying the conversation tree flow chart at the user interface; and producing a plurality of chatbot test cases, wherein each test case is based at least in part on the conversation flow and the conversation of a detected conversation path.
1. A system for enhanced automated response systems testing, comprising: a chatbot testing server comprising a first plurality of programming instructions stored in a non-transitory, computer-readable memory of, and operating on a processor of, a computing device, wherein the first plurality of programming instructions, when operating on the processor, cause the computing device to: retrieve a chatbot test case comprising a conversation flow and configuration data; select a chatbot connector based on the configuration data; initialize a chatbot agent based on the configuration data; use the selected chatbot connector to connect the chatbot agent with an enterprise chatbot; execute the chatbot test case by performing the conversation flow between the connected chatbot agent and the enterprise chatbot; monitor the results of the test case to indicate points of failure in the enterprise chatbot; and send the results of the chatbot test case to a user interface for user review.
2. The system of claim 1, wherein the user interface is an administrator interface comprising a second plurality of programming instructions stored in the memory of, and operating on the processor of, the computing device, wherein the second plurality of programming instructions, when operating on the processor, cause the computing device to: allow a user to create a chatbot test case; store the created chatbot test case in a database; receive the results of the chatbot test case from the chatbot testing server; and display the results of the chatbot test case.
3. The system of claim 1, wherein the chatbot connector is selected from a list comprising a plurality of pre-configured chatbot connectors.
4. The system of claim 1, wherein the chatbot connector is a user defined chatbot connector.
5. The system of claim 1, wherein the test script further comprises one or more asserters and one or more logic hooks.
6. The system of claim 1, wherein the conversational flow comprises user utterances and chatbot utterances.
7. The system of claim 6, wherein the user utterances and the chatbot utterances are selected from respective utterance lists.
8. The system of claim 1, further comprising a chatbot crawler comprising a third plurality of programming instructions stored in the memory of, and operating on the processor of, the computing device, wherein the third plurality of programming instructions, when operating on the processor, cause the computing device to: connect to the enterprise chatbot and traverse the conversation flow detecting one or more conversation paths; for each detected conversation path generate a path flow chart and a conversation; after all conversation paths in the conversation flow have been detected, generate a conversation tree flow chart; display the conversation tree flow chart at the user interface; and produce a plurality of chatbot test cases, wherein each test case is based at least in part on the conversation flow and the conversation of a detected conversation path.
9. A method for enhanced automated response systems testing, comprising the steps of: retrieving a chatbot test case comprising a conversation flow and configuration data; selecting a chatbot connector based on the configuration data; initializing a chatbot agent based on the configuration data; using the selected chatbot connector to connect the chatbot agent with an enterprise chatbot; executing the chatbot test case by performing the conversation flow between the connected chatbot agent and the enterprise chatbot; monitoring the results of the test case to indicate points of failure in the enterprise chatbot; and sending the results of the chatbot test case to a user interface for user review.
10. The method of claim 9, wherein the user interface is an administrator interface configured to perform the following additional steps: allowing a user to create a chatbot test case; storing the created chatbot test case in a database; receiving the results of the chatbot test case from the chatbot testing server; and displaying the results of the chatbot test case.
11. The method of claim 9, wherein the chatbot connector is selected from a list comprising a plurality of pre-configured chatbot connectors.
12. The method of claim 9, wherein the chatbot connector is a user defined chatbot connector.
13. The method of claim 9, wherein the test script further comprises one or more asserters and one or more logic hooks.
14. The method of claim 9, wherein the conversational flow comprises user utterances and chatbot utterances.
15. The method of claim 14, wherein the user utterances and the chatbot utterances are selected from respective utterance lists.
16. The method of claim 9, further comprising the steps of: connecting to the enterprise chatbot and traverse the conversation flow detecting one or more conversation paths; for each detected conversation path generating a path flow chart and a conversation; after all conversation paths in the conversation flow have been detected, generating a conversation tree flow chart; displaying the conversation tree flow chart at the user interface; and producing a plurality of chatbot test cases, wherein each test case is based at least in part on the conversation flow and the conversation of a detected conversation path.
.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form.
Seeley et al. (US 2004/0008825 A1) discloses a one script system and method allow for generation of a test script associated with a virtual telephone caller system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GERALD GAUTHIER whose telephone number is (571)272-7539. The examiner can normally be reached 8:00 AM to 4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CAROLYN R EDWARDS can be reached at (571) 270-7136. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GERALD GAUTHIER/Primary Examiner, Art Unit 2692
January 30, 2026
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692