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 .
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 – 21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract without significantly more.
When considering subject matter eligibility under 35 USC 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.
Specifically, claims 1 – 21 are directed to a method. They hereby fall under at least one of the four statutory classes of invention.
If the claim does not 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).
Claims 1 - 21 recite steps of observation, evaluation, and judgement that can be practically performed by a human, either mentally or with the use of pen and paper.
The limitation of “transmitting a first prompt to a large language model ("LLM"), the first prompt comprising the task and a request to process the task; receiving, from the LLM in response to the first prompt, a plurality of sub- tasks and an ordering of the plurality of sub-tasks; obtaining descriptions of a plurality of available services; for each sub-task: transmitting a second prompt to the LLM, the second prompt comprising a description of the respective sub-task and the descriptions of the available services; receiving, from the LLM in response to the respective second prompt, an identification of one or more available services; and initiating, for the respective sub-task, the one or more identified available services” in claim 1 - 21, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind, but for the recitation of generic computer components. That is, other than reciting “ one or more processors, a virtual assistant executed by a server, a remote client device”, nothing in the claim element precludes the steps from practically being performed in a human mind.
The mere nominal recitation of one or more generic processors, a virtual assistant executed by a server, a remote client device do not take the claim limitations out of the mental processes grouping.
If a claim limitation, under its broadest reasonable interpretation, covers mental processes but for the recitation of generic computer components, then it falls within the "Mental Processes" grouping of abstract ideas (concepts performed in the human mind including an observation, evaluation, judgement, and opinion). Accordingly, the claims recite an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claims recite the additional elements “receiving, by a virtual assistant executed by a server, a task from a remote client device; transmitting a first prompt to a large language model; receiving, from the LLM in response to the first prompt; generating and providing a response to the task to the remote client device”.
The limitation “receiving, by a virtual assistant executed by a server, a task from a remote client device; ; receiving, from the LLM in response to the first prompt”, amount to data-gathering steps which is considered to be insignificant extra-solution activity, (See MPEP 2106.05(g)).
The limitation “transmitting a first prompt to a large language model; generating and providing a response to the task to the remote client device”, represents an extra-solution activity because it is a mere nominal or tangential addition to the claim, a mere generic transmission and presentation of collected and analyzed data. (See MPEP 2106.05 (g)).
Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea, thus fail to integrate the abstract idea into a practical application. See MPEP 2106.05(g).
The insignificant extra-solution activities identified above, which include the data-gathering (receiving, and transmitting, initiating, and generating) steps, are recognized by the courts as well-understood, routine, and conventional activities when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity (See MPEP 2106.05(d)(II) (i) Receiving or transmitting data over a network, e.g., using the Internet to gather data, buySAPE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPO2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network); (v) Presenting (displaying) offers and gathering statistics, OIP Techs., 788 F.3d at 1362-63, 115 USPO2d at 1092- 93). The claim is not patent eligible.
Claims 1 – 21 do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using one or more processors, a virtual assistant executed by a server, a remote client device to perform the receiving, transmitting and generating steps amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept.
Even when considered in combination, these additional elements (one or more processors, a virtual assistant executed by a server, a remote client device) represent mere instruction to apply an exception and insignificant extra-solution activity, which do not provide an inventive concept.
Claims 1 -21 as a whole, do not amount to significantly more than the abstract idea itself. This is because the claims do not affect an improvement to the functioning of a computer itself; and the claims do not move beyond a general link of the use of an abstract idea to a particular technological environment.
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 – 21 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Carr (US PAP 2023/0033607).
As per claims 1, 8, and 15, Carr teaches a method comprising:
receiving, by a virtual assistant executed by a server, a task from a remote client device (“monitoring the diction of a data processing specialist using the virtual assistant”; paragraph 6);
transmitting a first prompt to a large language model (“LLM”), the first prompt comprising the task and a request to process the task("monitoring the diction of a medical specialist using a virtual assistant…processing at least a portion of the diction using natural language processing; processing at least a portion of the diction to identify one or more task-indicative trigger words, "par 63 "When processing 406 at least a portion of the diction to identify at least one communication request (e.g., placing a food/beverage order; requesting medication; contacting the nurse's station; and calling for emergency assistance) within the hospital room (e.g., hospital room 300), communication process 10 may process at least a portion of the diction using natural language processing. As discussed above, natural language processing is a subfield of linguistics, computer science, and artificial intelligence concerned with the interactions between computers and human language, in particular how to program computers to process and analyze large amounts of natural language data."; paragraphs 6, 9);
receiving, from the LLM in response to the first prompt, a plurality of sub-tasks and an ordering of the plurality of sub-tasks (“processing at least a portion of the diction to identify at least one task to be performed within a medical management system", paragraph 7 "parsing the at least one task into a plurality of subtasks; and effectuating the plurality of subtasks", paragraph 142 parse 918 the at least one task (e.g., task 66) into a plurality of subtasks (e.g., subtasks 68)"; paragraphs 6 – 9);
obtaining descriptions of a plurality of available services; for each sub-task: transmitting a second prompt to the LLM, the second prompt comprising a description of the respective sub-task and the descriptions of the available services (“the subtasks are identified and effectuated, this implies the identification of software or hardware components which correspond to claimed services, to perform the sub-task execution”; paragraphs 6 - 9);
receiving, from the LLM in response to the respective second prompt, an identification of one or more available services; initiating, for the respective sub-task, the one or more identified available services (“processing at least a portion of the diction on a cloud-based computing resource to identify at least one task to be performed within a medical management system. The medical management system may include one or more of: a medical office management system; a medical office billing system; and a pharmacy management system. Effectuating the at least one task on the medical management system may include: parsing the at least one task into a plurality of subtasks; and effectuating the plurality of subtasks on the medical management system”; paragraphs 7, 10); and
after completion of the plurality of sub-tasks, generating and providing a response to the task to the remote client device ("in order to accomplish task 66, communication process 10 may effectuate a plurality of discrete subtasks (e.g., subtasks 68), examples of which may include but are not limited to identifying any outstanding balance owed by Patient Mary Jones, incrementing that amount by a $100 copay for the ordered CAT Scan, generating an invoice for that incremented amount, and submitting that invoice to Patient Mary Jones."; paragraphs 77, 170).
As per claims 2, 9, an 16, Carr further discloses receiving from the LLM, in response to the first prompt, an indication of a need to request additional information from the remote client device (“authenticate 620 the identity of the prescription recipient (e.g., user 40); ask 622 the prescription recipient (e.g., user 40) to define the specific medication to be refilled, thus defining a desired medication; and determine 624 if the desired medication is currently refillable. For example, communication process 10 may authenticate 620 the identity of the prescription recipient (e.g., user 40) using a voice print or via a PIN #/passcode”; paragraph 125).
As per claims 3, 10, and 17, Carr further discloses transmitting a request for additional information to the remote client device, the request based on the indication of the need to request additional information from the remote client device; receiving supplemental information from the remote client device in response to the request; and transmitting a supplemental first prompt to the LLM based on the supplemental information (“one or more applications (e.g., application 314) may be installed/executed on the virtual assistant (e.g., virtual assistant 32) to enable communication with the remote location (e.g., nurse's station 310) via communication process 10…authenticate 620 the identity of the prescription recipient (e.g., user 40); ask 622 the prescription recipient (e.g., user 40) to define the specific medication to be refilled, thus defining a desired medication; and determine 624 if the desired medication is currently refillable. For example, communication process 10 may authenticate 620 the identity of the prescription recipient (e.g., user 40) using a voice print or via a PIN #/passcode”; paragraphs 88 – 90, 125, 126).
As per claims 4, 11, and 18, Carr further discloses the task comprises a natural-language description of an action to perform (“processing at least a portion of the diction using natural language processing; processing at least a portion of the diction to identify one or more task-indicative trigger words”; paragraphs 6, 8).
As per claims 5, 12, and 19, Carr further discloses each sub-task comprises a natural-language description of an action to perform (“processing at least a portion of the diction using natural language processing; processing at least a portion of the diction to identify one or more task-indicative trigger words…parsing the at least one task into a plurality of subtasks; and effectuating the plurality of subtasks on the medical management system”; paragraphs 6, 8).
As per claims 6, 13, and 20, Carr further discloses the available services comprise a database management system, a calendar, a LLM, a video conferencing system, a telephone system, or a search engine (“effectuate 920 the plurality of subtasks (e.g., subtasks 68) on the medical management system (e.g., medical management system 70). For example, in order to accomplish task 66, communication process 10 may effectuate a plurality of discrete subtasks (e.g., subtasks 68), examples of which may include but are not limited to identifying any outstanding balance owed by Patient Mary Jones, incrementing that amount by a $100 copay for the ordered CAT Scan, generating an invoice for that incremented amount, and submitting that invoice to Patient Mary Jones.”; paragraphs 169 – 173, 193).
As per claims 7, 14, and 21, Carr further discloses providing the plurality of sub-tasks and the ordering to a coordinator process; and wherein the coordinator process is configured to perform the plurality of sub-tasks according to the ordering (“monitoring the diction of a data processing specialist using the virtual assistant; and monitoring the diction of an ordering specialist using the virtual assistant…effectuating the plurality of subtasks on the medical management system.”; paragraphs 6 – 10).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hawes et al teach STRUCTURING AND RICH DEBUGGING OF INPUTS AND OUTPUTS TO LARGE LANGUAGE MODELS. Mandlekar et al. teach DATA GENERATION OF ROBOTIC DEVICES PERFORMING TASKS. Sodhi et al. teach AUTOMATION OF TASKS USING LANGUAGE MODEL PROMPTS.
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/LEONARD SAINT-CYR/ Primary Examiner, Art Unit 2658