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 . 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.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 1-41 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
When considering subject matter eligibility under 35 U.S.C. 101, it must be determined whether the claim is directed to one of the four statutory categories of invention (i.e., process, machine, manufacture, or composition of matter) (step 1). If the claim does fall within one of the statutory categories, it must then be determined whether the claim is directed to a judicial exception (i.e., law of nature, natural phenomenon, and abstract idea) (step 2A), and if so, it must additionally be determined whether the claim is a patent-eligible application of the exception (step 2B). Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 134 S. Ct. 2347, 189 L. Ed. 2d 296, 2014 U.S. LEXIS 4303, 110 U.S.P.Q.2D (BNA) 1976, 82 U.S.L.W. 4508, 24 Fla. L. Weekly Fed. S 870, 2014 WL 2765283 (U.S. 2014); MPEP 2106.
Step 1:
In the instant case claims 1-38 and 41 are directed to a machine, claim 39 is directed to a process, and claim 40 is directed to a manufacture. All claims are therefore within statutory categories. See MPEP 2106.03, Eligibility Step 1.
Step 2A, Prong 1:
These claims also recite, inter alia,
“(1) match, … a provider user with an available provider time to a consumer user who wishes to buy at least a portion of the available provider time; (2) calculate, … a market price for the at least a portion of the available provider time, the market price being based at least in part on a metric of demand for the available provider time; (3) receive a digital indication, … of a request of the consumer user to buy at least a portion of the available provider time at the calculated market price; (4) arrange for a payment from the consumer user to the provider user, …for the at least a portion of the provider available provider time at the market price; and (5) deliver, … a digital communications session having a duration corresponding to the at least a portion of the available provider time corresponding to the payment, the digital communications session comprising a user-perceptible visual display of session-related information capable of being displayed each of the provider user and the consumer user…: (a) …deliver to the consumer user and the provider user the communications session having a duration corresponding to the at least a portion of the available provider time; and (b) …create and maintain at least one persona … wherein the persona is a fictional identity associated, … with a selected entity.” Claim 39.
With recited additional elements reserved for consideration under step 2A prong two, a careful analysis of the remaining limitations above, each on its own and all together combined, results in the conclusion that each on its own recites an abstract idea and in combination they simply recite a more detailed abstract idea. The recited abstract idea falls within the grouping of abstract ideas described as certain methods of organizing human activity, for example fundamental economic principles or practices, commercial interactions, and managing personal behavior or relationships or interactions between people. See MPEP 2106.04(a); Eligibility Step 2A1. The claims must therefore be analyzed under the second prong of Eligibility Step 2 (Step 2A2; MPEP 2106.04(d)).
Step 2A, Prong 2:
In order to address prong 2 (MPEP 2106.04(d), Eligibility Step2A2) we must identify whether there are any additional elements beyond the abstract ideas and determine whether those additional elements (if there are any) integrate the abstract idea into a practical application. MPEP 2106.04(d), Eligibility Step 2A2. The additional elements in the present claims are a digital server comprising at least a first digital processor, client devices, a digital communications network, a digital storage element, and a display element. In claim 40 the storage element is a non-transitory, tangible, computer-readable digital medium. These additional elements have been considered individually, in combination, and altogether as a whole together with the functions they perform, e.g., the digital server comprising at least a first digital processor is accessible to a plurality of users through client application programs executing on respective client devices capable of digital communications with the digital server via a digital communications network, the digital server and the digital storage element are collectively operable to provide the communication session to the users, the digital storage element is accessible to the digital server and stores digital computer-readable instructions executable by the digital server to broadly and generally perform all steps, recited in terms of the intended results of functionally nonspecific activities. These additional elements do not integrate the judicial exception into a practical application because they amount to no more than mere instructions to apply the exception using generic computer components. The claims are otherwise almost entirely a recitation of abstract intended results of steps that do not identify any functional acts performed by any particular device or structural element. The additional elements do not improve the functioning of any computer or other technology or technical field, they do not apply the judicial exception with or by use of a particular machine, they do not transform or reduce a particular article to a different state or thing, and they fail to apply or use the judicial exception beyond generally linking the use of the judicial exception to a particular technological environment. See MPEP 2106.05.
If the disclosure describes any improvements to the functioning of a computer or to any other technology or technical field this improvement would need to be identifiable as the subject matter appearing in the claims. An indication that the claimed invention provides an improvement can include a discussion in the specification that identifies technical improvements realized by the claim over the prior art. The disclosure must provide sufficient details such that one of ordinary skill in the art would recognize the claimed invention as providing an improvement. MPEP 2106.05(a).
Claim limitations can integrate a judicial exception into a practical application by implementing the judicial exception with or using it in conjunction with a particular machine or manufacture that is integral to the claim. A general purpose computer that applies a judicial exception by use of generic computer functions does not qualify as a particular machine. Ultramercial, Inc. v. Hulu, LLC, (Fed. Cir. 2014); MPEP 2106.05(b),(f). There are no particular machines or manufactures identified in the present claims.
The claims do not affect the transformation or reduction of a particular article to a different state or thing. Changing to a different state or thing means more than simply using an article or changing the location of an article. A new or different function or use can be evidence that an article has been transformed. Purely mental processes in which data, thoughts, impressions, or human based actions are "changed" are not considered a transformation. MPEP 2106.05(c).
The claims do not apply or use the judicial exception in any other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment. As a result the claim as a whole appears to be a drafting effort designed to monopolize the exception. MPEP 2106.05(e),(h).
The additional elements have not been found to integrate the abstract idea into a practical application.
Step 2B:
Although the additional elements have not been found to integrate the abstract idea into a practical application the claims could still be eligible if they recite additional elements that amount to an inventive concept (“significantly more” than the judicial exception). MPEP 2106.05, Eligibility Step 2B.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the sparse additional elements of the claim are mere props supporting instructions to implement an abstract idea or other exception on a computer. MPEP 2106.05(f). The claims invoke computers or other machinery merely as tools to perform an abstract process. Simply adding a general purpose computer or computer components after the fact to an abstract idea does not provide significantly more. MPEP 2106.05(f)(2); see also OIP Techs., Inc. v. Amazon.com, Inc., 788 F.3d 1359, 2015 U.S. App. LEXIS 9721, 115 U.S.P.Q.2D (BNA) 1090 (Fed. Cir. 2015) (“relying on a computer to perform routine tasks more quickly or more accurately is insufficient to render a claim patent eligible.”). The elements are recited at a high level of generality, merely implement abstract ideas using generic computers, and fail to present a technical solution to a technical problem created by the use of the surrounding technology. Limitations that amount to merely indicating a field of use or technological environment in which to apply a judicial exception do not amount to significantly more than the exception itself. See Ret. Capital Access Mgmt. Co. v. U.S. Bancorp, 611 Fed. Appx. 1007, 2015 U.S. App. LEXIS 14351 (Fed. Cir. 2015) (“It may be very clever; it may be very useful in a commercial context, but they are still abstract ideas,” said Circuit Judge Alan Lourie.). MPEP 2106.05(h).
No technical problem is indicated and the claims are not directed to a technical solution to such a problem. The method claimed is a nontechnical series of steps taken to practice an entrepreneurial activity. This conclusion is supported by applicant's disclosure, which elaborates upon the performance of the presently claimed abstract ideas by generic devices without identifying any technical problem that arises within those devices or any other additional elements and without offering a technical solution to any such problem. It ultimately only describes the abstract idea while indicating the intention to “apply it.” The claimed subject matter merely takes advantage of an opportunity created by computers to use them as a tool for implementing a business plan, rather than solving a problem created by the computers. The claimed invention is patent ineligible because the innovative aspect (if there is one) is an entrepreneurial rather than a technological one. Bilski v. Kappos, 130 S. Ct. 3218, 3245; 177 L. Ed. 2d 792, 822; 2010 U.S. LEXIS 5521, 73; 95 U.S.P.Q.20 (BNA) 1001 (2010) (citing Merges, Property Rights for Business Concepts and Patent System Reform, 14 Berkeley Tech. L. J. 577, 585 (1999)); Ultramercial, Inc. v. Hulu, LLC, 772 F.3d 709 (Fed. Cir. Nov. 14, 2014) (“A rule holding that claims are impermissibly abstract if they are directed to an entrepreneurial objective, such as methods for increasing revenue, minimizing economic risk, or structuring commercial transactions, rather than a technological one, would comport with the guidance provided in both Alice and Bilski.” Mayer, J, concurring).
Finally, it is reiterated that the remaining dependent claims 2-38 do not contribute any additional elements other than those already discussed and do not add "significantly more" to establish eligibility because they merely recite additional abstract ideas that further identify and manipulate data elements used in implementing the abstract idea. A more detailed abstract idea is still abstract. PricePlay.com, Inc. v. AOL Adver., Inc., 627 Fed. Appx. 925, 2016 U.S. App. LEXIS 611, 2016 WL 80002 (Fed. Cir. Jan. 7, 2016) (in addressing a bundle of abstract ideas stacked together during oral argument, U.S. Circuit Judge Kimberly Moore said, "All of these ideas are abstract…. It’s like you want a patent because you combined two abstract ideas and say two is better than one."). Claim 27 recites more generic detail pertaining to the generic communications network, but no particular devices, and otherwise similarly recites only additional data manipulations.
All of the above leads to the conclusion that additional claim elements do not provide meaningful limitations to transform the claimed subject matter into significantly more than an abstract idea. MPEP 2106.05; Eligibility Step 2B. As a result the claims are rejected under 35 USC 101 as being directed to non-statutory subject matter because they recite an abstract idea without being directed to a practical application, and they do not amount to significantly more than the abstract idea. MPEP 2106.05, supra..
The preceding analysis applies to all statutory categories of invention. Accordingly, claims 1-41 are rejected as ineligible for patenting under 35 USC 101 based upon the same analysis.
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.
Claims 1-15, 18-26, and 28-41, are rejected under 35 U.S.C. 103 as being unpatentable over ALTBERG et al. (Pub. No.: US 2009/0037309 A1) in view of DOLAN et al. (Pub. No.: US 2023/0122202 A1):
Altberg teaches a system for implementing an online marketplace, wherein a digital communications session is deliverable, via a digital server, between a plurality of users, the plurality of users including a provider user and a consumer user, and discloses pertaining to
Claim 1. A system for implementing an online marketplace, wherein a digital communications session is deliverable, via a digital server, between a plurality of users, the plurality of users including a provider user and a consumer user, the system comprising: ● (A) the digital server accessible to the plurality of users through a respective client application program executing on a respective client device capable of digital communications with the digital server via a digital communications network, the digital server comprising at least a first digital processor (see at least ALTBERG figs. 7-10, ¶¶0034-0037 for a general description of the technological environment, including digital server, client application programs, client device, communication networks, etc., ¶¶0043-0044, 0060 for more detailed description of client applications and devices); and ● (B) a digital storage element accessible to the digital server and storing digital computer-readable instructions executable by the digital server (see at least ALTBERG fig. 10, ¶¶0043, 0194-0199 “FIG. 10, … system (301) includes … microprocessor(s) (303) and memory (308). The microprocessor (303) is coupled to cache memory…. inter-connect (302) interconnects the microprocessor(s) (303) and the memory (308) … [0197] The memory (308) may include ROM (Read Only Memory), and volatile RAM (Random Access Memory) and non-volatile memory, such as hard drive, flash memory, etc. [0198] Volatile RAM is typically implemented as dynamic RAM (DRAM) which requires power continually in order to refresh or maintain the data in the memory. Non-volatile memory is typically a magnetic hard drive, a magnetic optical drive, or an optical drive (e.g., a DVD RAM), or other type of memory system …. non-volatile memory may also be a random access memory. [0199] The non-volatile memory can be a local device coupled directly to the rest of the components in the data processing system. A non-volatile memory that is remote from the system, such as a network storage device coupled to the data processing system through a network interface such as a modem or Ethernet interface, can also be used”), which when executed by the digital server enable the system to: ● (1) match, in the digital server, the provider user with an available provider time to the consumer user who wishes to buy at least a portion of the available provider time (see at least ALTBERG abstract “establishing a connection … between a first user and a second user; after the connection is established for a period of time, receiving a selection of a price from a plurality of predetermined prices for a service to be provided by the second user over the established connection, where the prices are specified prior to the connection; and charging the first user on behalf of the second user according to the price selected from the list for the service provided by the second user,” figs. 1, 6-7, 11, 13, 16-20, ¶0064 “an entity can create a listing of service that can be delivered via a real time communication connection, …. The interface (143) allows the entity to specify a listing name with tags …. the tags of the listing can be used to match with the search criteria of a customer”); ● (2) calculate, in the digital server, a market price for the at least a portion of the available provider time, the market price being based at least in part on a metric of demand for the available provider time (see at least ALTBERG figs. 5, 13, 16-19; ,¶0054 "bid limit (e.g., maximum bid) which is to be resolved into an actual bid based on the bid prices of competitors," ¶0084 "considerations such as the volume or frequency of calls generated from the advertisement, ... the demand partner ... (e.g., the success rate of the demand partner in reaching viable customers in comparison with other demand partners)," ¶0106 "overall value can be a function of ... demand"); ● (3) receive a digital indication, at the digital server, of a request of the consumer user to buy at least a portion of the available provider time at the market price (see at least ALTBERG figs. 1, 11, 16-17; ¶0029 "a listing is presented to a user ... to request a connection ... between the user and the .... seller, an advisor, an information provider, or a service provider"); ● (4) arrange for a payment from the consumer user to the provider user, via the digital server, for the at least a portion of the available provider time at the market price (see at least ALTBERG abstract "charging the first user on behalf of the second user," figs. 17, 20); and ● (5) deliver, via the digital server, a digital communications session having a duration corresponding to the at least a portion of the available provider time corresponding to the payment, the digital communications session comprising a user-perceptible visual display of session-related information capable of being displayed to each of the provider and the consumer user on a display element (see at least ALTBERG abstract "connection is established for a period of time, receiving a selection of a price from a plurality of predetermined prices for a service to be provided by the second user over the established connection, where the prices are specified prior to the connection; and charging the first user on behalf of the second user according to the price selected from the list for the service provided by the second user," figs. 3, 11, 13, 16-17, 20, ¶0029 “a connection for real time communications between the user and the entity of the listing, such as for telephonic conversations, instant messaging, chat in text, voice and/or video, screen sharing or application sharing, etc.”), wherein: ● (a) the digital server and the digital storage element are collectively operable to deliver to the consumer user and the provider user the communications session having a duration corresponding to the at least a portion of the available provider time (see at least ALTBERG abstract "connection is established for a period of time," figs. 3, 11, 13, 16-17, 20, ¶0029 “a connection for real time communications between the user and the entity of the listing, such as for telephonic conversations, instant messaging, chat in text, voice and/or video, screen sharing or application sharing, etc.”).
ALTBERG teaches all of the above, and all of the below, as noted. It teaches, a) matching a provider user with available provider time to a consumer user, b) a request of the consumer user for available provider time, c) delivering to the consumer user and the provider user the communications session, and d) the digital communications session comprising a user-perceptible visual display, but does not explicitly disclose the system enables any of the plurality of users to create and maintain at least one persona of the plurality of users for use on the system, wherein the at least one persona of the plurality of users is a fictional identity associated by the system with a selected entity.
Dolan also teaches a) matching a provider user with available provider time to a consumer user, b) a request of the consumer user for available provider time, c) delivering to the consumer user and the provider user the communications session, and d) the digital communications session comprising a user-perceptible visual display, and further discloses
● (b) the system enables any of the plurality of users to create and maintain at least one persona of the plurality of users for use on the system, wherein the at least one persona of the plurality of users is a fictional identity associated by the system with a selected entity (see at least Dolan ¶¶0025-0026 "conversational agent. ... context may enable a conversational agent to learn from previous interactions with a user, for example to correct machine learning model behavior, define new behaviors, and/or perform introspection on previous behavior, among other examples. Any of a variety of techniques may be used to maintain a context associated with a conversational agent, for example in association with a specific user, a specific user session, a specific set of users, or more generally for a larger population of users. … [0026] … the conversational agent may be a virtual assistant or a non-player character (NPC). …the conversational agent may have a visual manifestation (e.g., a virtual avatar or graphical representation), aspects of which may be controlled based on model output," ¶0036 “a prompt may define a persona associated with a conversational agent … such as an NPC, narrator, or virtual assistant. As used herein, a persona of a conversational agent may be associated with a dialogue tone, role, objective or goal, personality, one or more mannerisms or animations, and/or physical appearance, … NPC may have a role of shopkeeper or guide, while further having an associated objective (e.g., … to help the user complete a task),” ¶0130 “prompt further comprises at least a part of a context associated with a user,” ¶0131 “prompt that defines a persona associated with a conversational agent”).
Therefore it would have been obvious to one of ordinary skill in the art at the time of invention (for pre-AIA applications) or filing (for applications filed under the AIA ) to modify the method of ALTBERG to include the system enables any of the plurality of users to create and maintain at least one persona of the plurality of users for use on the system, wherein the at least one persona of the plurality of users is a fictional identity associated by the system with a selected entity, as taught by Dolan since the claimed invention is merely a combination of old elements and in the combination each element merely would have performed the same function as it did separately. One of ordinary skill in the art would have recognized that the results of the combination were predictable and would result in an improvement. This is because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such features even from a variety of technical fields into methods and systems implemented using similar technological structures (i.e., generic computer and/or network hardware such as processors, servers, etc.). In this case the areas of technical endeavor are nonetheless similar and overlapping.
Applicant has not disclosed that the added feature solves any stated problem or is for any particular purpose beyond the performance of the functions they performed separately and since each element and its function are shown in the prior art the difference between the claimed subject matter and the prior art rests not on any individual element or function but in the very combination itself. It would therefore have been an obvious matter of design choice to include the feature from Dolan in the method of ALTBERG. Furthermore the combination solved no long felt need. Incorporating cumulative known features is additionally obvious to one of ordinary skill in the art because doing so increases commercial use of a method by attracting users that previously might have chosen between one of the previously known methods.
ALTBERG in view of Dolan further discloses, pertaining to
Claim 2. The system of claim 1 wherein the at least one persona of the plurality of users is a fictional identity associated by the system with an artificial intelligence (see at least Dolan abstract “using a multimodal machine learning model to generate model output. The model output may then be processed to affect the behavior of an application, for example to enable a user to control the application and/or to facilitate user interactions with a conversational agent,” ¶0042 "the behavior of the NPC may be controlled according to model output generated by a machine learning model. The model output may include natural language output, programmatic output (e.g., to affect conversational agent movement), audio output and/or intonation output (e.g., to affect speech of the conversation agent), image output (e.g., to affect an associated texture), and/or video output (e.g., to affect an associated animation)").Claim 3. The system of claim 1 wherein the at least one persona of the plurality of users is a fictional identity associated by the system with a human user (see at least Dolan ¶0025 "conversational agent. ... context may enable a conversational agent to learn from previous interactions with a user, for example to correct machine learning model behavior, define new behaviors, and/or perform introspection on previous behavior, among other examples. Any of a variety of techniques may be used to maintain a context associated with a conversational agent, for example in association with a specific user”).Claim 4. The system of claim 1 wherein the at least one persona of the plurality of users is a fictional identity associated by the system with an entity that is at least one of an artificial intelligence and a human user (see at least Dolan ¶¶0025-0026 "Any of a variety of techniques may be used to maintain a context associated with a conversational agent, for example in association with a specific user, a specific user session, a specific set of users, or more generally for a larger population of users,” ¶0036 “a prompt may define a persona associated with a conversational agent … such as an NPC, narrator, or virtual assistant,” ¶0130 “prompt further comprises at least a part of a context associated with a user,” ¶0131 “prompt that defines a persona associated with a conversational agent”. Please note: The phrase "at least one of" (or "one or more of") precedes the recitation of alternative or optional limitations only one of which is required. Language claiming elements in the alternative is anticipated by the presence of any single alternative. Beyond that it does not result in any further limitation because it merely represents contingencies that are not required. Applicant is reminded that optional or conditional elements do not narrow the claims because they can always be omitted. See e.g. MPEP §2111.04 "Claim scope is not limited by claim language that suggests or makes optional but does not require steps to be performed, or by claim language that does not limit a claim to a particular structure."; and In re Johnston, 435 F.3d 1381,77 USPQ2d 1788, 1790 (Fed. Cir. 2006) ("As a matter of linguistic precision, optional elements do not narrow the claim because they can always be omitted.").).Claim 5. The system of claim 2 wherein the artificial intelligence comprises an artificial intelligence instantiation operable to communicate in a natural language (see at least Dolan ¶0002 “a conversational agent. Similarly, the conversational agent may generate natural language output that is provided in response to the user,” ¶0017 “a user and a conversational agent interact using natural language, where user input is processed using a generative machine learning model to generate natural language output. The natural language output may then be provided in response to the user input”).Claim 6. The system of claim 2 wherein the artificial intelligence is represented visually by an avatar (see at least Dolan ¶0026 “the conversational agent may be a virtual assistant or a non-player character (NPC). Some examples, the conversational agent may have a visual manifestation (e.g., a virtual avatar or graphical representation)”).Claim 7. The system of claim 2 wherein the artificial intelligence comprises an instance of a general-purpose multi-modal system (see at least Dolan figs. 1-4, 7).Claim 8. The system of claim 2 wherein the artificial intelligence is customized for a selected domain of expertise (see at least Dolan ¶0032 “the multimodal machine learning model may be trained using content associated with a specific scenario or domain in which it will likely be used”).Claim 9. The system of claim 2 wherein the artificial intelligence is customized for a proprietary use (see at least Dolan figs. 1-4, ¶0023 “machine learning model may be fine-tuned for one or more specific scenarios”).Claim 10. The system of claim 2 wherein the artificial intelligence is personalized for at least one of the consumer user and the provider user (see at least Dolan ¶0025 “context may enable a conversational agent to learn from previous interactions with a user, for example to correct machine learning model behavior, define new behaviors, and/or perform introspection on previous behavior, among other examples. Any of a variety of techniques may be used to maintain a context associated with a conversational agent, for example in association with a specific user”).Claim 11. The system of claim 2 wherein the artificial intelligence is adapted for use by training (see at least Dolan figs. 1, 2B, ¶0031 “user input and associated model output may be stored for subsequent use as training data,” ¶0032 “the multimodal machine learning model may be trained using content associated with a specific scenario or domain in which it will likely be used”).Claim 12. The system of claim 11 wherein the artificial intelligence is trained by an entity internal to the system (see at least Dolan figs. 1, 2B, ¶0031 “user input and associated model output may be stored for subsequent use as training data,” ¶0032 “the multimodal machine learning model may be trained using content associated with a specific scenario or domain in which it will likely be used”).Claim 13. The system of claim 11 wherein the artificial intelligence is trained by an entity external to the system (see at least Dolan abstract “grounded multimodal agent interactions, where a user input is processed using a multimodal machine learning model to generate model output,” figs. 2A, 3-4, ¶0032 “model may be trained using relevant … libraries”).Claim 14. The system of claim 2 wherein the artificial intelligence is run externally to the system and is connected to the system via an interface (see at least Dolan figs. 1, 5, 7).Claim 15. The system of claim 2 wherein the artificial intelligence is run within the system (see at least Dolan figs. 1, 2B, ¶0031 “user input and associated model output may be stored for subsequent use as training data,” ¶0032 “the multimodal machine learning model may be trained using content associated with a specific scenario or domain in which it will likely be used”).Claim 18. The system of claim 2 wherein the metric of demand is configured to enable the system to calculate an hourly rate for the time of a given artificial intelligence-based persona such that the consumer user purchasing services provided by the provider user with the artificial intelligence-based persona pay for a system-incurred fee comprising at least the cost of computational resources and other fees associated with services provided by the given artificial intelligence-based persona (see at least ALTBERG abstract “charging the first user on behalf of the second user according to the price selected from the list for the service provided by the second user over the established connection,” figs. 3, 5, 17, 20, ¶0031 “the users may be charged a communication fee,” ¶0033 “communication cost can be covered via the commission fees for charging the customer on behalf of the seller,” in view of Dolan’s disclosure of an artificial intelligence-based persona in place of Altberg’s human provider.).Claim 19. The system of claim 18 wherein system-incurred fees comprise a license fee (see at least ALTBERG figs. 3, 5, 17, 20, ¶0031 “the users may be charged a communication fee,” ¶0033 “communication cost can be covered via the commission fees for charging the customer on behalf of the seller”. Please note: a license fee is a usage fee.).Claim 20. The system of claim 2 wherein: ● (A) communication across the system is executed through a persona of the consumer user and a persona of the provider user (see at least ALTBERG ¶0029 “a connection for real time communications between the user and the entity of the listing”); ● (B) the persona of the consumer user can interact with at least one other persona of the provider user (see at least ALTBERG ¶0029 in view of Dolan); and ● (C) the system enables the at least one persona of the plurality of users to be any of: (1) an anonymous identity or (2) a visible identity to at least one of (i) no other users of the system, (ii) a selected set of other users of the system, and (iii) all other users of the system (see at least ALTBERG ¶0034 “user identifier”. Please note: this limitation claims all possible alternatives and so does not further limit the claim.).Claim 21. The system of claim 2 wherein: ● (A) communications carried on the system between any of the plurality of users are treated as chargeable communications that incur a monetary fee (see at least ALTBERG ¶0031 “the users may be charged a communication fee”); and ● (B) the system enables any one of the plurality of users to designate at least one of the at least one persona of the plurality of users, or of at least one group of the at least one persona of the plurality of users, of the system, as a designated friend, and communications with such designated friend are not treated as chargeable communications, provided a selection condition is met (see at least ALTBERG ¶0073 “bring family, friends, colleagues and/or third parties into the conversation”. Please note: see previous comment concerning alternative limitations.).Claim 22. The system of claim 21 wherein the selected condition is that the at least one of the at least one persona of the plurality of users, or of the at least one group of the at least one persona of the plurality of users, in turn designates a persona of the corresponding one of the plurality of users as a friend, thereby signifying agreement to a friend relationship (see at least ALTBERG ¶0073 “bring family, friends, colleagues and/or third parties into the conversation”).Claim 23. The system of claim 2 wherein the digital communication session is a real-time private conversation (see at least ALTBERG abstract “establishing a connection for real time communications between a first user and a second user”).Claim 24. The system of claim 2 wherein the provider user creates and maintains a provider persona to interact with the consumer user (see at least Dolan ¶¶0025-0026 "conversational agent. ... context may enable a conversational agent to learn from previous interactions with a user, for example to correct machine learning model behavior, define new behaviors, and/or perform introspection on previous behavior, among other examples. Any of a variety of techniques may be used to maintain a context associated with a conversational agent, for example in association with a specific user, a specific user session, a specific set of users, or more generally for a larger population of users. … [0026] … the conversational agent may be a virtual assistant or a non-player character (NPC). …the conversational agent may have a visual manifestation (e.g., a virtual avatar or graphical representation), aspects of which may be controlled based on model output," ¶0036 “a prompt may define a persona associated with a conversational agent … such as an NPC, narrator, or virtual assistant. As used herein, a persona of a conversational agent may be associated with a dialogue tone, role, objective or goal, personality, one or more mannerisms or animations, and/or physical appearance, … NPC may have a role of shopkeeper or guide, while further having an associated objective (e.g., … to help the user complete a task),” ¶0130 “prompt further comprises at least a part of a context associated with a user,” ¶0131 “prompt that defines a persona associated with a conversational agent”).Claim 25. The system of claim 2 wherein the system is adapted for deployment inside a business enterprise for establishing an enterprise-internal marketplace (see at least ALTBERG figs. 2, ¶¶0029-0031 “entity of the listing may be … a business entity, a seller, an advisor, an information provider, or a service provider, …. [0030] …. a directory service provider may compile listings of some businesses …. [0031] For example, a community of users may create listings of businesses, …. The users can provide, edit, and/or modify a description, comments, ratings, etc., about a business …. The listing database represents a business directory; and the entities represented by the listings may not pay any fee for being presented,” ¶0047 “the reference can be presented via a variety of media channels, such as a … online marketplace”).Claim 26. The system of claim 2 wherein the digital communication session is on at least one of a one-to-one basis and a one-to-many basis (see at least ALTBERG abstract, figs. 9, 16-17. Please note: see previous comments concerning alternative limitations.).Claim 28. The system of claim 2, wherein the system enables at least one of the provider user and the consumer user to train at least one artificial intelligence-based persona associated by the system with the respective user (see at least Dolan figs. 1, 2B, ¶0031 “user input and associated model output may be stored for subsequent use as training data,” ¶0032 “the multimodal machine learning model may be trained using content associated with a specific scenario or domain in which it will likely be used,” ¶0038 “"user" as used herein may be a developer of a video game application (e.g., … defining a persona of an NPC”).Claim 29. The system of claim 2, wherein the system enables at least one of the provider user and the consumer user to adapt at least one artificial intelligence-based persona associated by the system for use with the respective user (see at least Dolan figs. 1, 2B, ¶0031 “user input and associated model output may be stored for subsequent use as training data,” ¶0032 “the multimodal machine learning model may be trained using content associated with a specific scenario or domain in which it will likely be used,” ¶0038 “"user" as used herein may be a developer of a video game application (e.g., … defining a persona of an NPC”).Claim 30. The system of claim 28 wherein the training is implemented, via the system, using digital interaction between the respective user and the at least one artificial intelligence-based persona associated by the system with the user (see at least Dolan figs. 1-4, ¶0025 "enable a conversational agent to learn from previous interactions with a user, for example to correct machine learning model behavior, define new behaviors, and/or perform introspection on previous behavior, among other examples. Any of a variety of techniques may be used to maintain a context associated with a conversational agent, for example in association with a specific user”).Claim 31. The system of claim 29 wherein the persona of the at least one of the provider user and the consumer user is adapted for use using digital interaction between the respective user and the at least one artificial intelligence-based persona associated by the system with the respective user (see at least Dolan abstract “enable a user to control the application and/or to facilitate user interactions with a conversational agent”).Claim 32. The system of claim 30 wherein the digital interaction comprises secure, private interaction, internal to the system, between the respective user and the at least one artificial intelligence-based persona associated by the system with the respective user (see at least ALTBERG ¶0191 “SIP servers (361,363, . .. , 369) and media servers (371, 373, ... , 379) are implemented on separate computers connected via a local area network (and/or intranet or Internet). Alternatively, at least the some of the servers can be implemented on a same computer,” and Dolan ¶0046 “multimodal generative platform 102, computing device 104, and/or computing device 106 communicate via network 108, which may comprise a local area network”).Claim 33. The system of claim 30 wherein the digital interaction comprises prompt-engineering (see at least Dolan figs. 1-2A, 3-5, ¶0023 “multimodal machine learning model may be primed or grounded using a prompt … to bias the machine learning model toward a specific behavior. For example, a prompt may provide one or more multimodal examples that illustrate a relationship between multiple content types. Thus, a prompt may be designed or generated to increase the likelihood that a model exhibits a specific behavior. In some examples, one or more such prompts may be distributed and/or (re)used in specific contexts, such that the same machine learning model may be used to reproduce different behaviors in different scenarios (e.g., where each scenario may have an associated prompt)”).Claim 34. The system of claim 1 wherein the system enables any of the consumer user and the provider user to utilize an artificial intelligence-based persona operating as a personal assistant to the respective user (see at least Dolan ¶0026 “conversational agent may perform processing based on model output, for example as may be generated based on user input associated with a user. For example, the conversational agent may be a virtual assistant,” ¶0054 “conversational agents may be implemented as NPCs, virtual assistants”).Claim 35. The system of claim 34 wherein the artificial intelligence-based persona, in the capacity of personal assistant to the respective user, provides knowledge to the respective user (see at least Dolan ¶0002 “the conversational agent may generate natural language output that is provided in response to the user, thereby enabling the user and the conversational agent to communicate,” ¶0026 “a conversational agent may perform processing based on model output, for example as may be generated based on user input associated with a user. For example, the conversational agent may be a virtual assistant or a non-player character (NPC)”).Claim 36. The system of claim 34 wherein the artificial intelligence-based persona, in the capacity of personal assistant to the respective user, teaches the respective user in at least one selected field of study (see at least Dolan ¶¶0002, 0026. Please note: this is providing information.).Claim 37. The system of claim 34 wherein the artificial intelligence-based persona, in the capacity of personal assistant to the respective user, and on behalf of the respective user, interacts with at least one of any other personas, websites, digital apps and online services (see at least Dolan figs. 1, 4, 7).Claim 38. The system of claim 34 wherein the artificial intelligence-based persona, in the capacity of personal assistant to the respective user, and on behalf of the respective user, executes at least one task of sending and receiving email, sending and receiving text messages, making or receiving telephone calls and making and receiving video calls (see at least figs. 1, 4, 7).
Claim 39 recites a method of implementing an online marketplace, wherein a digital communications session is deliverable, via a digital server, between a plurality of users, the plurality of users including a provider user and a consumer user, the method rendered obvious over ALTBERG in view of Dolan based on the same rationale for combining the references as noted above with regard to claim 1. ALTBERG in view of Dolan further teaches, regarding
Claim 39. A method of implementing an online marketplace, wherein a digital communications session is deliverable, via a digital server, between a plurality of users, the plurality of users including a provider user and a consumer user, the method comprising: ● (A) providing a digital server accessible to the plurality of users through respective client application programs executing on respective client devices capable of digital communications with the digital server via a digital communications network, the digital server comprising at least a first digital processor (see at least ALTBERG figs. 7-10, ¶¶0034-0037 for a general description of the technological environment, including digital server, client application programs, client device, communication networks, etc., ¶¶0043-0044, 0060 for more detailed description of client applications and devices); and ● (B) providing a digital storage element accessible to the digital server and storing digital computer-readable instructions executable by the digital server (see at least ALTBERG fig. 10, ¶¶0043, 0194-0199 “FIG. 10, … system (301) includes … microprocessor(s) (303) and memory (308). The microprocessor (303) is coupled to cache memory…. inter-connect (302) interconnects the microprocessor(s) (303) and the memory (308) … [0197] The memory (308) may include ROM (Read Only Memory), and volatile RAM (Random Access Memory) and non-volatile memory, such as hard drive, flash memory, etc. [0198] Volatile RAM is typically implemented as dynamic RAM (DRAM) which requires power continually in order to refresh or maintain the data in the memory. Non-volatile memory is typically a magnetic hard drive, a magnetic optical drive, or an optical drive (e.g., a DVD RAM), or other type of memory system …. non-volatile memory may also be a random access memory. [0199] The non-volatile memory can be a local device coupled directly to the rest of the components in the data processing system. A non-volatile memory that is remote from the system, such as a network storage device coupled to the data processing system through a network interface such as a modem or Ethernet interface, can also be used”), which when executed by the digital server enable the digital server to: ● (1) match, in the digital server, a provider user with an available provider time to a consumer user who wishes to buy at least a portion of the available provider time (see at least ALTBERG abstract “establishing a connection … between a first user and a second user; after the connection is established for a period of time, receiving a selection of a price from a plurality of predetermined prices for a service to be provided by the second user over the established connection, where the prices are specified prior to the connection; and charging the first user on behalf of the second user according to the price selected from the list for the service provided by the second user,” figs. 1, 6-7, 11, 13, 16-20, ¶0064 “an entity can create a listing of service that can be delivered via a real time communication connection, …. The interface (143) allows the entity to specify a listing name with tags …. the tags of the listing can be used to match with the search criteria of a customer”); ● (2) calculate, in the digital server, a market price for the at least a portion of the available provider time, the market price being based at least in part on a metric of demand for the available provider time (see at least ALTBERG figs. 5, 13, 16-19; ,¶0054 "bid limit (e.g., maximum bid) which is to be resolved into an actual bid based on the bid prices of competitors," ¶0084 "considerations such as the volume or frequency of calls generated from the advertisement, ... the demand partner ... (e.g., the success rate of the demand partner in reaching viable customers in comparison with other demand partners)," ¶0106 "overall value can be a function of ... demand"); ● (3) receive a digital indication, at the digital server, of a request of the consumer user to buy at least a portion of the available provider time at the calculated market price (see at least ALTBERG figs. 1, 11, 16-17; ¶0029 "a listing is presented to a user ... to request a connection ... between the user and the .... seller, an advisor, an information provider, or a service provider"); ● (4) arrange for a payment from the consumer user to the provider user, via the digital server, for the at least a portion of the provider available provider time at the market price (see at least ALTBERG abstract "charging the first user on behalf of the second user," figs. 17, 20); and ● (5) deliver, via the digital server, a digital communications session having a duration corresponding to the at least a portion of the available provider time corresponding to the payment, the digital communications session comprising a user-perceptible visual display of session-related information capable of being displayed each of the provider user and the consumer user on a display element (see at least ALTBERG abstract "connection is established for a period of time, receiving a selection of a price from a plurality of predetermined prices for a service to be provided by the second user over the established connection, where the prices are specified prior to the connection; and charging the first user on behalf of the second user according to the price selected from the list for the service provided by the second user," figs. 3, 11, 13, 16-17, 20, ¶0029 “a connection for real time communications between the user and the entity of the listing, such as for telephonic conversations, instant messaging, chat in text, voice and/or video, screen sharing or application sharing, etc.”), wherein: ● (a) the digital server and the digital storage element are collectively operable to deliver to the consumer user and the provider user the communications session having a duration corresponding to the at least a portion of the available provider time (see at least ALTBERG abstract "connection is established for a period of time," figs. 3, 11, 13, 16-17, 20, ¶0029 “a connection for real time communications between the user and the entity of the listing, such as for telephonic conversations, instant messaging, chat in text, voice and/or video, screen sharing or application sharing, etc.”).
ALTBERG teaches all of the above, and all of the below, as noted. It teaches, a) matching a provider user with available provider time to a consumer user, b) a request of the consumer user for available provider time, c) delivering to the consumer user and the provider user the communications session, and d) the digital communications session comprising a user-perceptible visual display, but does not explicitly disclose the system enables any of the plurality of users to create and maintain at least one persona of the plurality of users for use on the system, wherein the at least one persona of the plurality of users is a fictional identity associated by the system with a selected entity.
Dolan also teaches a) matching a provider user with available provider time to a consumer user, b) a request of the consumer user for available provider time, c) delivering to the consumer user and the provider user the communications session, and d) the digital communications session comprising a user-perceptible visual display, and further discloses
● (b) the digital server, executing the instructions, is operable to create and maintain at least one persona for use on the digital server, wherein the persona is a fictional identity associated, by the digital server, with a selected entity (see at least Dolan ¶¶0025-0026 "conversational agent. ... context may enable a conversational agent to learn from previous interactions with a user, for example to correct machine learning model behavior, define new behaviors, and/or perform introspection on previous behavior, among other examples. Any of a variety of techniques may be used to maintain a context associated with a conversational agent, for example in association with a specific user, a specific user session, a specific set of users, or more generally for a larger population of users. … [0026] … the conversational agent may be a virtual assistant or a non-player character (NPC). …the conversational agent may have a visual manifestation (e.g., a virtual avatar or graphical representation), aspects of which may be controlled based on model output," ¶0036 “a prompt may define a persona associated with a conversational agent … such as an NPC, narrator, or virtual assistant. As used herein, a persona of a conversational agent may be associated with a dialogue tone, role, objective or goal, personality, one or more mannerisms or animations, and/or physical appearance, … NPC may have a role of shopkeeper or guide, while further having an associated objective (e.g., … to help the user complete a task),” ¶0130 “prompt further comprises at least a part of a context associated with a user,” ¶0131 “prompt that defines a persona associated with a conversational agent”).
Claim 40 recites a computer program product comprising digital computer-executable program instructions stored in a non-transitory, tangible, computer-readable digital medium, the computer-readable digital medium being accessible by a digital server, the digital server comprising a computer processor and being accessible to a plurality of users through respective client application programs executing on respective client devices capable of communicating with the digital server via a digital communications network, the instructions being executable by the digital server which, when executed cause the digital server to perform operations rendered obvious over ALTBERG in view of Dolan based on the same rationale for combining the references as noted above with regard to claim 1. ALTBERG in view of Dolan further teaches, regarding Claim 40. A computer program product comprising digital computer-executable program instructions stored in a non-transitory, tangible, computer-readable digital medium, the computer-readable digital medium being accessible by a digital server, the digital server comprising a computer processor and being accessible to a plurality of users through respective client application programs executing on respective client devices capable of communicating with the digital server via a digital communications network, the instructions being executable by the digital server (see at least ALTBERG figs. 7-10, ¶¶0034-0037 for a general description of the technological environment, including digital server, client application programs, client device, communication networks, etc., ¶¶0043-0044, 0060 for more detailed description of client applications and devices, ¶¶0194-0199 “FIG. 10, … system (301) includes … microprocessor(s) (303) and memory (308). The microprocessor (303) is coupled to cache memory…. inter-connect (302) interconnects the microprocessor(s) (303) and the memory (308) … [0197] The memory (308) may include ROM (Read Only Memory), and volatile RAM (Random Access Memory) and non-volatile memory, such as hard drive, flash memory, etc. [0198] Volatile RAM is typically implemented as dynamic RAM (DRAM) which requires power continually in order to refresh or maintain the data in the memory. Non-volatile memory is typically a magnetic hard drive, a magnetic optical drive, or an optical drive (e.g., a DVD RAM), or other type of memory system …. non-volatile memory may also be a random access memory. [0199] The non-volatile memory can be a local device coupled directly to the rest of the components in the data processing system. A non-volatile memory that is remote from the system, such as a network storage device coupled to the data processing system through a network interface such as a modem or Ethernet interface, can also be used”), and which, when executed by the digital server, cause the digital server to: ● (1) match, in the digital server, a provider user with an available provider time to a consumer user who wishes to buy at least a portion of the available provider time (see at least ALTBERG abstract “establishing a connection … between a first user and a second user; after the connection is established for a period of time, receiving a selection of a price from a plurality of predetermined prices for a service to be provided by the second user over the established connection, where the prices are specified prior to the connection; and charging the first user on behalf of the second user according to the price selected from the list for the service provided by the second user,” figs. 1, 6-7, 11, 13, 16-20, ¶0064 “an entity can create a listing of service that can be delivered via a real time communication connection, …. The interface (143) allows the entity to specify a listing name with tags …. the tags of the listing can be used to match with the search criteria of a customer”); ● (2) calculate, in the digital server, a market price for the at least a portion of the available provider time, the market price being based at least in part on a metric of demand for the available provider time (see at least ALTBERG figs. 5, 13, 16-19; ,¶0054 "bid limit (e.g., maximum bid) which is to be resolved into an actual bid based on the bid prices of competitors," ¶0084 "considerations such as the volume or frequency of calls generated from the advertisement, ... the demand partner ... (e.g., the success rate of the demand partner in reaching viable customers in comparison with other demand partners)," ¶0106 "overall value can be a function of ... demand"); ● (3) receive a digital indication, at the digital server, of a request of the consumer user to buy at least a portion of the available provider time at the calculated market price (see at least ALTBERG figs. 1, 11, 16-17; ¶0029 "a listing is presented to a user ... to request a connection ... between the user and the .... seller, an advisor, an information provider, or a service provider"); ● (4) arrange for a payment from the consumer user to the provider user, via the digital server, for the at least a portion of the provider available provider time at the market price (see at least ALTBERG abstract "charging the first user on behalf of the second user," figs. 17, 20); and ● (5) deliver, via the digital server, a digital communications session having a duration corresponding to the at least a portion of the available provider time corresponding to the payment, the digital communications session comprising a user-perceptible visual display of session-related information capable of being displayed each of the provider user and the consumer user on a display element (see at least ALTBERG abstract "connection is established for a period of time, receiving a selection of a price from a plurality of predetermined prices for a service to be provided by the second user over the established connection, where the prices are specified prior to the connection; and charging the first user on behalf of the second user according to the price selected from the list for the service provided by the second user," figs. 3, 11, 13, 16-17, 20, ¶0029 “a connection for real time communications between the user and the entity of the listing, such as for telephonic conversations, instant messaging, chat in text, voice and/or video, screen sharing or application sharing, etc.”), wherein: ● (a) the digital server, executing the instructions, is operable to deliver to the consumer user the communications session having a duration corresponding to the at least a portion of the provider available provider time (see at least ALTBERG abstract "connection is established for a period of time," figs. 3, 11, 13, 16-17, 20, ¶0029 “a connection for real time communications between the user and the entity of the listing, such as for telephonic conversations, instant messaging, chat in text, voice and/or video, screen sharing or application sharing, etc.”).
ALTBERG teaches all of the above, and all of the below, as noted. It teaches, a) matching a provider user with available provider time to a consumer user, b) a request of the consumer user for available provider time, c) delivering to the consumer user and the provider user the communications session, and d) the digital communications session comprising a user-perceptible visual display, but does not explicitly disclose the system enables any of the plurality of users to create and maintain at least one persona of the plurality of users for use on the system, wherein the at least one persona of the plurality of users is a fictional identity associated by the system with a selected entity.
Dolan also teaches a) matching a provider user with available provider time to a consumer user, b) a request of the consumer user for available provider time, c) delivering to the consumer user and the provider user the communications session, and d) the digital communications session comprising a user-perceptible visual display, and further discloses
● (b) the digital server, executing the instructions, is operable to create and maintain at least one persona for use on the digital server, wherein the persona is a fictional identity associated, by the digital server, with a selected entity (see at least Dolan ¶¶0025-0026 "conversational agent. ... context may enable a conversational agent to learn from previous interactions with a user, for example to correct machine learning model behavior, define new behaviors, and/or perform introspection on previous behavior, among other examples. Any of a variety of techniques may be used to maintain a context associated with a conversational agent, for example in association with a specific user, a specific user session, a specific set of users, or more generally for a larger population of users. … [0026] … the conversational agent may be a virtual assistant or a non-player character (NPC). …the conversational agent may have a visual manifestation (e.g., a virtual avatar or graphical representation), aspects of which may be controlled based on model output," ¶0036 “a prompt may define a persona associated with a conversational agent … such as an NPC, narrator, or virtual assistant. As used herein, a persona of a conversational agent may be associated with a dialogue tone, role, objective or goal, personality, one or more mannerisms or animations, and/or physical appearance, … NPC may have a role of shopkeeper or guide, while further having an associated objective (e.g., … to help the user complete a task),” ¶0130 “prompt further comprises at least a part of a context associated with a user,” ¶0131 “prompt that defines a persona associated with a conversational agent”).
Claim 41 recites a system for implementing an online marketplace, wherein a digital communications session is deliverable, via a digital server, between a plurality of users, the plurality of users including a provider user of at least one of time, services and content (TSC) and a consumer user of such TSC, the system rendered obvious over ALTBERG in view of Dolan based on the same rationale for combining the references as noted above with regard to claim 1. ALTBERG in view of Dolan further teaches, regarding
Claim 41. A system for implementing an online marketplace, wherein a digital communications session is deliverable, via a digital server, between a plurality of users, the plurality of users including a provider user of at least one of time, services and content (TSC) and a consumer user of such TSC, the system comprising: ● (A) the digital server accessible to the plurality of users through a respective client application program executing on a respective client device capable of digital communications with the digital server via a digital communications network, the digital server comprising at least a first digital processor (see at least ALTBERG figs. 7-10, ¶¶0034-0037 for a general description of the technological environment, including digital server, client application programs, client device, communication networks, etc., ¶¶0043-0044, 0060 for more detailed description of client applications and devices); and ● (B) a digital storage element accessible to the digital server and storing digital computer-readable instructions executable by the digital server (see at least ALTBERG fig. 10, ¶¶0043, 0194-0199 “FIG. 10, … system (301) includes … microprocessor(s) (303) and memory (308). The microprocessor (303) is coupled to cache memory…. inter-connect (302) interconnects the microprocessor(s) (303) and the memory (308) … [0197] The memory (308) may include ROM (Read Only Memory), and volatile RAM (Random Access Memory) and non-volatile memory, such as hard drive, flash memory, etc. [0198] Volatile RAM is typically implemented as dynamic RAM (DRAM) which requires power continually in order to refresh or maintain the data in the memory. Non-volatile memory is typically a magnetic hard drive, a magnetic optical drive, or an optical drive (e.g., a DVD RAM), or other type of memory system …. non-volatile memory may also be a random access memory. [0199] The non-volatile memory can be a local device coupled directly to the rest of the components in the data processing system. A non-volatile memory that is remote from the system, such as a network storage device coupled to the data processing system through a network interface such as a modem or Ethernet interface, can also be used”), which when executed by the digital server enable the system to: ● (1) match, in the digital server, the provider user with an available TSC to the consumer user who wishes to buy at least a portion of the available TSC (see at least ALTBERG abstract “establishing a connection … between a first user and a second user; after the connection is established for a period of time, receiving a selection of a price from a plurality of predetermined prices for a service to be provided by the second user over the established connection, where the prices are specified prior to the connection; and charging the first user on behalf of the second user according to the price selected from the list for the service provided by the second user,” figs. 1, 6-7, 11, 13, 16-20, ¶0064 “an entity can create a listing of service that can be delivered via a real time communication connection, …. The interface (143) allows the entity to specify a listing name with tags …. the tags of the listing can be used to match with the search criteria of a customer”); ● (2) calculate, in the digital server, a market price for the at least a portion of the available provider TSC, the market price being based at least in part on a metric of demand for the available provider TSC (see at least ALTBERG figs. 5, 13, 16-19; ,¶0054 "bid limit (e.g., maximum bid) which is to be resolved into an actual bid based on the bid prices of competitors," ¶0084 "considerations such as the volume or frequency of calls generated from the advertisement, ... the demand partner ... (e.g., the success rate of the demand partner in reaching viable customers in comparison with other demand partners)," ¶0106 "overall value can be a function of ... demand"); ● (3) receive a digital indication, at the digital server, of a request of the consumer user to buy at least a portion of the available provider TSC at the market price (see at least ALTBERG figs. 1, 11, 16-17; ¶0029 "a listing is presented to a user ... to request a connection ... between the user and the .... seller, an advisor, an information provider, or a service provider"); ● (4) arrange for a payment from the consumer user to the provider user, via the digital server, for the at least a portion of the available provider TSC at the market price (see at least ALTBERG abstract "charging the first user on behalf of the second user," figs. 17, 20); and ● (5) deliver, via the digital server, a digital communications session having a duration corresponding to the at least a portion of the available provider TSC corresponding to the payment, the digital communications session comprising a user-perceptible visual display of session-related information capable of being displayed to each of the provider and the consumer user on a display element (see at least ALTBERG abstract "connection is established for a period of time, receiving a selection of a price from a plurality of predetermined prices for a service to be provided by the second user over the established connection, where the prices are specified prior to the connection; and charging the first user on behalf of the second user according to the price selected from the list for the service provided by the second user," figs. 3, 11, 13, 16-17, 20, ¶0029 “a connection for real time communications between the user and the entity of the listing, such as for telephonic conversations, instant messaging, chat in text, voice and/or video, screen sharing or application sharing, etc.”), wherein: ● (a) the digital server and the digital storage element are collectively operable to deliver to the consumer user and the provider user the communications session having a duration corresponding to the at least a portion of the available provider TSC (see at least ALTBERG abstract "connection is established for a period of time," figs. 3, 11, 13, 16-17, 20, ¶0029 “a connection for real time communications between the user and the entity of the listing, such as for telephonic conversations, instant messaging, chat in text, voice and/or video, screen sharing or application sharing, etc.”).
ALTBERG teaches all of the above, and all of the below, as noted. It teaches, a) matching a provider user with available provider time to a consumer user, b) a request of the consumer user for available provider time, c) delivering to the consumer user and the provider user the communications session, and d) the digital communications session comprising a user-perceptible visual display, but does not explicitly disclose the system enables any of the plurality of users to create and maintain at least one persona of the plurality of users for use on the system, wherein the at least one persona of the plurality of users is a fictional identity associated by the system with a selected entity.
Dolan also teaches a) matching a provider user with available provider time to a consumer user, b) a request of the consumer user for available provider time, c) delivering to the consumer user and the provider user the communications session, and d) the digital communications session comprising a user-perceptible visual display, and further discloses
● (b) the system enables any of the plurality of users to create and maintain at least one persona for use on the system, wherein the persona is a fictional identity associated by the system with a selected entity (see at least Dolan ¶¶0025-0026 "conversational agent. ... context may enable a conversational agent to learn from previous interactions with a user, for example to correct machine learning model behavior, define new behaviors, and/or perform introspection on previous behavior, among other examples. Any of a variety of techniques may be used to maintain a context associated with a conversational agent, for example in association with a specific user, a specific user session, a specific set of users, or more generally for a larger population of users. … [0026] … the conversational agent may be a virtual assistant or a non-player character (NPC). …the conversational agent may have a visual manifestation (e.g., a virtual avatar or graphical representation), aspects of which may be controlled based on model output," ¶0036 “a prompt may define a persona associated with a conversational agent … such as an NPC, narrator, or virtual assistant. As used herein, a persona of a conversational agent may be associated with a dialogue tone, role, objective or goal, personality, one or more mannerisms or animations, and/or physical appearance, … NPC may have a role of shopkeeper or guide, while further having an associated objective (e.g., … to help the user complete a task),” ¶0130 “prompt further comprises at least a part of a context associated with a user,” ¶0131 “prompt that defines a persona associated with a conversational agent”).
Therefore it would have been obvious to one of ordinary skill in the art at the time of invention (for pre-AIA applications) or filing (for applications filed under the AIA ) to modify the method of ALTBERG to include the system enables any of the plurality of users to create and maintain at least one persona of the plurality of users for use on the system, wherein the at least one persona of the plurality of users is a fictional identity associated by the system with a selected entity, as taught by Dolan since the claimed invention is merely a combination of old elements and in the combination each element merely would have performed the same function as it did separately. One of ordinary skill in the art would have recognized that the results of the combination were predictable and would result in an improvement. This is because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such features even from a variety of technical fields into methods and systems implemented using similar technological structures (i.e., generic computer and/or network hardware such as processors, servers, etc.). In this case the areas of technical endeavor are nonetheless similar and overlapping.
Applicant has not disclosed that the added feature solves any stated problem or is for any particular purpose beyond the performance of the functions they performed separately and since each element and its function are shown in the prior art the difference between the claimed subject matter and the prior art rests not on any individual element or function but in the very combination itself. It would therefore have been an obvious matter of design choice to include the feature from Dolan in the method of ALTBERG. Furthermore the combination solved no long felt need. Incorporating cumulative known features is additionally obvious to one of ordinary skill in the art because doing so increases commercial use of a method by attracting users that previously might have chosen between one of the previously known methods.
Claims 16, 17, and 27, are rejected under 35 U.S.C. 103 as being unpatentable over ALTBERG et al. (Pub. No.: US 2009/0037309 A1) in view of DOLAN et al. (Pub. No.: US 2023/0122202 A1) as applied to claim 2 above, and further in view of Muriqi (Pub. No.: US 2024/0046318 A1).
Altberg in view of Dolan teaches all of the above, and all of the below, as noted. It teaches, a) establishment of communication between users, b) user personas, c) creation and maintenance of user personas, and d) using artificial intelligence to create and maintain fictional personas, but does not explicitly disclose use of commercially available artificial intelligence product such as ChatGPT and use of SSL/TLS communication.
Muriqi also teaches a) establishment of communication between users, b) user personas, and c) creation and maintenance of user personas, and further discloses use of commercially available artificial intelligence product such as ChatGPT and use of SSL/TLS communication, wherein Muriqi discloses, regarding
Claim 16. The system of claim 2 wherein the artificial intelligence utilizes a commercially available artificial intelligence product (see at least Muriqi ¶0069 “Determination of media content may be performed using a large language model (LLM), such as a generative pre-trained transformer system, e.g., ChatGPT,” ¶0467 “GPT, can target ads and content to a user, synthesize entertainment content, perform complex sentiment analysis, assist a user in composing media, assist a user in comprehending media (e.g., translation, summarization, simplification, complexification, etc.)”. Please note: although disclosed in the prior art it is also examiner’s position that using a commercially available product for its intended purpose would have been obvious to a person of ordinary skill.).Claim 17. The system of claim 16 wherein the artificial intelligence utilizes ChatGPT (see at least Muriqi ¶0069 “Determination of media content may be performed using a large language model (LLM), such as a generative pre-trained transformer system, e.g., ChatGPT”. Please note: also see previous comment.).
Altberg in view of Dolan teaches, regarding
Claim 27. The system of claim 2 wherein: ● (a) the system is organized into functional digital processing layers comprising at least an application layer and a communications infrastructure layer (see at least ALTBERG abstract, figs. 1, 8, 20); ● (b) the application layer comprises social network, communication, persona, scheduling, artificial intelligence training and inference, and payment handling functions (see at least ALTBERG ¶¶0050, 0069, 0079 (scheduling), and ¶0240 (social network). Please note: communication, persona, and payment functions have been previously discussed and disclosure indicated above.); ● (c) the communications infrastructure layer comprises communications encryption and privacy settings functions, billing detail functions, personal contact lists, text-based conversations and history, audio and video chat functions, and document sharing functions (see at least ALTBERG abstract, figs. 1-2 (billing detail), ¶0007 (contact information), ¶¶0002, 0029 (text-based conversations, audio and video chat functions, document sharing), ¶0240 (contact lists). Please note: encryption and privacy were discussed previously.); ● (d) system communications with and between the provider user and the consumer user, via the respective at least one persona of the plurality of users, is encrypted, and communications utilize a public/private key method, wherein the key material never leaves the user's device, and at least part of the key material is one-time-use key material (see at least ALTBERG ¶¶0035, 0041, 0048, 0051, 0112, 0117, 0145, 0183. Please note: encrypted communications were previously discussed.), and
Altberg in view of Dolan and further in view of Muriqi teaches
● (e) communication with system infrastructure is implemented through an SSL/TLS method (see at least Muriqi ¶0357 “implementing a secure socket layer (SSL) and/or TLS protocol”); ● (f) intra-system network traffic includes point-to-point encrypted, and intra-system communications comprise at least one of a videoconferencing function, a text messaging function, a prompt function, a voice communication function, and a voice messaging function (see at least ALTBERG ¶¶0002, 0029. Please note: encrypted communications is previously discussed. Also see previous comments concerning optional alternative limitations.); ● (g) the system provides a server/cloud infrastructure for telecommunications, comprising a cloud-based network of infrastructure nodes that serve as a local point of connection for each of the provider user and the consumer user (see at least ALTBERG figs. 3, 7, 8, 10); and ● (h) the respective client application programs communicate with a cloud-based system application program (see at least ALTBERG figs. 3, 7, 8, 10).
Therefore it would have been obvious to one of ordinary skill in the art at the time of invention (for pre-AIA applications) or filing (for applications filed under the AIA ) to modify the method of Altberg in view of Dolan to include use of commercially available artificial intelligence product such as ChatGPT and use of SSL/TLS communication, as taught by Muriqi since the claimed invention is merely a combination of old elements and in the combination each element merely would have performed the same function as it did separately. One of ordinary skill in the art would have recognized that the results of the combination were predictable and would result in an improvement. This is because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such features even from a variety of technical fields into methods and systems implemented using similar technological structures (i.e., generic computer and/or network hardware such as processors, servers, etc.). In this case the areas of technical endeavor are nonetheless similar and overlapping.
Applicant has not disclosed that the added feature solves any stated problem or is for any particular purpose beyond the performance of the functions they performed separately and since each element and its function are shown in the prior art the difference between the claimed subject matter and the prior art rests not on any individual element or function but in the very combination itself. It would therefore have been an obvious matter of design choice to include the feature from Muriqi in the method of Altberg in view of Dolan. Furthermore the combination solved no long felt need. Incorporating cumulative known features is additionally obvious to one of ordinary skill in the art because doing so increases commercial use of a method by attracting users that previously might have chosen between one of the previously known methods.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
● Abraham, Pub. No.: US 2018/0376002 A1: teaches a conversation bot (AI) associated with a particular human agent from a plurality of conversation bots that are each associated with a different human agent in an automated call management system, wherein each conversation bot is a computer model trained using conversation data including specific conversation data recorded during conversations conducted by the particular human agent.
● Amjadi, Pub. No.: US 2015/0278903 A1: teaches matching a customer with a service provider, price determination, transaction, period of engagement, communication involving the service and for provision of the service, and time considerations.
● Gonen et al., Pub. No.: US 2008/0147741 A1: describes the potential impact of demand on the eventual rate fee, determined by a bidding process.
● Momin et al., Pub. No.: US 2013/0211944 A1: teaches splitting an item by allotting time to multiple buyers. the period of time each buyer is allowed to use the item is determined by the portion of the item price paid by that buyer.
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/ADAM L LEVINE/Primary Examiner, Art Unit 3689 January 24, 2026