Prosecution Insights
Last updated: August 14, 2026
Application No. 18/839,765

EMOTION INFORMATION UTILIZATION DEVICE, EMOTION INFORMATION UTILIZATION METHOD, AND PROGRAM

Final Rejection §103
Filed
Aug 20, 2024
Priority
Feb 22, 2022 — nonprovisional of PCTJP2022007270
Examiner
VO, HUYEN X
Art Unit
2656
Tech Center
2600 — Communications
Assignee
NTT Technocross Corporation
OA Round
2 (Final)
83%
Grant Probability
Favorable
3-4
OA Rounds
9m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
876 granted / 1051 resolved
+21.3% vs TC avg
Strong +20% interview lift
Without
With
+20.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
30 currently pending
Career history
1074
Total Applications
across all art units

Statute-Specific Performance

§101
27.1%
-12.9% vs TC avg
§103
35.7%
-4.3% vs TC avg
§102
22.2%
-17.8% vs TC avg
§112
3.3%
-36.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1051 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Response to Arguments Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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 1-4, 6, and 14-18 are rejected under 35 U.S.C. 103 as being unpatentable over Fujita et al. (USPG 2016/0171100, hereinafter Fujita) in view of Min et al. (USPG 2011/0179003, hereinafter Min). Regarding claim 1, Fujita teaches an emotion information utilization device, comprising: a database that stores call information including at least emotion information, the emotion information representing an emotion of a speaker for each of predetermined section of a plurality of predetermined sections in a conversation, the emotion of the speaker in one or more predetermined sections of the plurality of predetermined sections in the conversation has been estimated by an emotion prediction model (figure 2, call search DB 35 and/or paragraph38, database containing call data, keywords, voice sections, and emotion; also see tables in figure 5); a memory; and at least one processor connected to the memory (paragraphs 32-34, memory and processor), wherein the processor is configured to: search for the call information from the database in accordance with search conditions (paragraphs 59-61, searching call database for sections containing keywords and emotion through priority determination process; paragraph 57 and/or figure 7 for interaction selection or input of search keywords); and interactively determine, based on the call information, a quality value of a call (paragraph 61, a priority determination unit “sort the search results in accordance with the degree of anger in a speech of the other party immediately before the start time of the speech containing the keyword, through it has been common so far to take only the certainty of a keyword into consideration when sorting search results based on the edit distance, and thus, becomes possible to sort the search results based on the seriousness of the problem (i.e., complaint)”; “seriousness of the problem” infers quality of the call). Fujita fails to explicitly disclose, however, Min teaches the search conditions comprising emotion information according to interactive selection of the emotion information from one or more candidate emotion information for search (figure 6A, searching for a fun video via a “Search for a fun video” voice command; and/or paragraph 60, “if a user inputs voice information pertinent to tag information on which a specific emotion can be recognized, the voice recognition means 160 searches the main database 300 for the integrated data 400 and the emotion data set 500 having the specific emotion”). Since Fujita and Min are analogous in the art because they are from the same field of endeavor, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the known technique of searching for content based on emotion. One of ordinary skill in the art would have recognized that the results of the combination were predictable since the use of that known technique provides the rationale to arrive at a conclusion of obviousness. See KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (U.S. 2007). Regarding claim 2, Fujita further discloses the emotion information utilization device according to claim 1, wherein the search conditions further comprise a section of a plurality of sections in the conversation, and wherein the section of the plurality of sections represents a least one of: a time-based section (paragraphs 59-61, search for portions of the call containing search keywords), a scene-based section that represents an occasion based on a topic in a call corresponding to the call information, or a section in a unit of the call divided by a predetermined call event. Regarding claim 3, Fujita further discloses the emotion information utilization device according to claim 1, wherein the search conditions further comprise a section of of sections in the conversation, and wherein the processor is configured to display the emotion information on a first display, the emotion information being included in the call information found (paragraphs 61 and 65, “sorting search results based on the edit distance, and thus, becomes possible to sort the search results based on the seriousness of the problem (i.e., complaint)”; and “the search results are sequentially displayed based on the priority determination results 803”; the seriousness of the problem is determined based on emotion found in the call). Regarding claim 4, Fujita further discloses the emotion information utilization device according to claim 3, the processor is configured to display the emotion information for each of the sections on the first display, the emotion information being included in the call information found by the search unit (figure 9; also see claim 3 above for discussion). Regarding claim 6, Fujita further discloses the emotion information utilization device according to claims 3, wherein the processor is configured to display the emotion information on the first display included in a first terminal, the first terminal being connected to the emotion information utilization device via a communication network (figure 9 and/or paragraphs 63-65). Regarding claim 14, Fujita discloses an emotion information utilization device, comprising: a database that stores call information including at least emotion information, the emotion information representing an emotion of a speaker for each of predetermined sections (see claim 1 above), wherein the emotion of the speaker in said each of the predetermined sections has been estimated by an emotion prediction model; a memory, and at least one processor connected to the memory, wherein a UI providing unit the processor (see claim 1 above) is configured to refer to the database and display, on a display, the emotion information included in the call information that matches a predetermined condition, wherein the predetermined condition comprises emotion information according to interactive selection of the emotion information from one or more candidate emotion information (see claim 1 above and figures 9-10 for displaying matches). Regarding claim 15, Fujita discloses an emotion information utilization method, comprising: a storage procedure of storing, in a database, call information including at least emotion information representing an emotion of a speaker for each of predetermined sections (see claim 1 above), sections, wherein the emotion of the speaker in said each of the predetermined sections has been estimated by an emotion prediction model; and searching for the call information from the database in accordance with search conditions comprising the emotion information according to interactive selection of the emotion information from one or more candidate emotion information for search(see claim 1 above), the storing and the searching being performed by a computer (see figure 1 and/or paragraphs 75-77, memory for storing program instructions carrying out the process). Regarding claim 16, Fujita discloses an emotion information utilization method, comprising: storing, in a database, call information including at least emotion information representing an emotion of a speaker for each of predetermined sections (see claim 1 above), wherein the emotion of the speaker in said each of the predetermined sections has been estimated by an emotion prediction model; and a UI providing procedure of referring to the database and displaying, on a display, the emotion information included in the call information that matches a predetermined condition, wherein the predetermined condition comprises emotion information according to interactive selection of the emotion information from one or more candidate emotion information (see claim 1 above and figures 9-10 for displaying matches), the storing and the referring being performed by a computer (see figure 1 and/or paragraphs 75-77, memory for storing program instructions carrying out the process). Regarding claim 17, Fujita discloses a non-transitory computer-readable recording medium storing a program that causes a computer to execute: storing, in a database, call information including at least emotion information representing an emotion of a speaker for each of predetermined sections, wherein the emotion of the speaker in said each of the predetermined sections has been estimated by an emotion prediction model (see claim 1 above); and search for the call information from the database in accordance with search conditions comprising the emotion information according to interactive selection of the emotion information from one or more candidate emotion information for search (see claim 1 above). Regarding claim 18, Fujita discloses a non-transitory computer-readable recording medium storing a program that causes a computer to execute: storing, in a database, call information including at least emotion information representing an emotion of a speaker for each of predetermined sections, wherein the emotion of the speaker in said each of the predetermined sections has been estimated by an emotion prediction model (see claim 1 above); and referring to the database and displaying, on a display, the emotion information included in the call information that matches a predetermined condition, wherein the predetermined condition comprises emotion information according to interactive selection of the emotion information from one or more candidate emotion information (see claim 1 above and figures 9-10 for displaying matches). Claims 5 and 7-11 are rejected under 35 U.S.C. 103 as being unpatentable over Fujita in view of Min, and further in view of Park et al. (USPG 2020/0176019, hereinafter Park). Regarding claim 5, Fujita fails to explicitly disclose, however, Park teaches the emotion information utilization device according to claim 4, in a case in which the emotion information in a newest section among the emotion information for each of the sections included in the call information found is the emotion information representing a negative emotion, the processor is configured to display, on the first display, the emotion information in the newest section, and the emotion information in the section prior to the newest section (paragraphs 13 and 18, displaying emotion associated with the section). Since Fujita and Park are analogous in the art because they are from the same field of endeavor, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the known technique of displaying emotion associated with a section of the call. One of ordinary skill in the art would have recognized that the results of the combination were predictable since the use of that known technique provides the rationale to arrive at a conclusion of obviousness. See KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (U.S. 2007). Regarding claim 7, Fujita further discloses the emotion information utilization device according to claim 3, wherein the processor is configured to estimate, from utterances in a call between a first speaker and a second speaker, the emotion information for each of the sections and the emotion information for each of the utterances (paragraph 48, detecting emotion in the call including determining emotion score). Fujita fails to explicitly disclose, however, Park teaches displaying, on a second display, the emotion information for each of the sections and the emotion information for each of the utterances during the call (paragraphs 13 and 18, displaying emotion associated with the section). Since Fujita and Park are analogous in the art because they are from the same field of endeavor, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the known technique of displaying emotion associated with a section of the call. One of ordinary skill in the art would have recognized that the results of the combination were predictable since the use of that known technique provides the rationale to arrive at a conclusion of obviousness. See KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (U.S. 2007). Regarding claim 8, Fujita fails to explicitly disclose, however, Park teaches the emotion information utilization device according to claim 7, wherein in a case in which specific emotion information is estimated in a specific section, the processor is configured to notify a predetermined notification destination of predetermined information (paragraphs 13 and 18, displaying emotion associated with the section). Since Fujita and Park are analogous in the art because they are from the same field of endeavor, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the known technique of displaying emotion associated with a section of the call. One of ordinary skill in the art would have recognized that the results of the combination were predictable since the use of that known technique provides the rationale to arrive at a conclusion of obviousness. See KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (U.S. 2007). Regarding claim 9, Fujita fails to explicitly disclose, however, Park teaches the emotion information utilization device according to claim 8, wherein in a case in which the specific emotion information is estimated in the specific section, and the specific emotion information is estimated in an initial section of the call, the processor is configured not to notify the predetermined notification destination of the predetermined information (paragraph 58, “the content provider 220 may store, as a main scene of a corresponding call, a video corresponding to a section at which an emotion with a highest intensity is recognized during the call” indicates that only section with highest emotion intensity is selected to display; lower emotion intensity will not be displayed). Since Fujita and Park are analogous in the art because they are from the same field of endeavor, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the known technique of displaying only the highest emotion intensity associated with a section of the call. One of ordinary skill in the art would have recognized that the results of the combination were predictable since the use of that known technique provides the rationale to arrive at a conclusion of obviousness. See KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (U.S. 2007). Regarding claim 10, Fujita fails to explicitly disclose, however, Park teaches the emotion information utilization device according to claim 8, the processor is configured to notify the predetermined notification destination of the predetermined information in a case in relation to the emotion information for each of the sections, the case being a case in which the emotion information other than the emotion information representing a negative emotion changes to the emotion information representing the negative emotion, a case in which the emotion information other than the emotion information representing a positive emotion changes to the emotion information representing the positive emotion, a case in which the emotion information representing a negative emotion continues in a section of the sections, or a case in which the emotion information representing a positive emotion continues in a section of the sections (figure 7 and/or paragraph 74, different emotion types, including positive and negative emotions, are detected throughout the call; notifying only the highest emotion intensity). Since Fujita and Park are analogous in the art because they are from the same field of endeavor, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the known technique of providing notification on a highest emotion intensity section. One of ordinary skill in the art would have recognized that the results of the combination were predictable since the use of that known technique provides the rationale to arrive at a conclusion of obviousness. See KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (U.S. 2007). Regarding claim 11, Fujita further discloses the emotion information utilization device according to claim 8, the processor is configured to notify a second terminal of the predetermined information, the second terminal being connected to the emotion information utilization device via a communication network (figure 9 and/or paragraphs 63-65). Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Fujita in view of Park, and further in view of Faizakof et al. (USPG 2021/0193169, hereinafter Faizakof). Regarding claims 12-13, Fujita fails to explicitly disclose, however, Faizakof teaches the emotion information utilization device according to claim 7, the processor is configured to create an evaluation model and evaluate call information of an evaluation target call by the evaluation model, the evaluation model being created by modeling the emotion information included in previously manually evaluated call information of the call information stored in the database (paragraph 29, training emotion detector model with manually annotated data); and the processor is configured to create the evaluation model and evaluate the call information of the evaluation target call by the evaluation model, the evaluation model being created by modeling a sequence of the emotion information for each of the utterances through clustering or machine learning (paragraph 29, training emotion detector model through machine learning). Since Fujita and Faizakof are analogous in the art because they are from the same field of endeavor, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the known technique of training machine learning model with manually annotated data. One of ordinary skill in the art would have recognized that the results of the combination were predictable since the use of that known technique provides the rationale to arrive at a conclusion of obviousness. See KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (U.S. 2007). Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Onishi et al. (USPG 2015/0310877) teach a conversation analysis process that is considered pertinent to the claimed invention. Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUYEN X VO whose telephone number is (571)272-7631. The examiner can normally be reached M-F, 8-4. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bhavesh Mehta can be reached at 571-272-7453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /HUYEN X VO/Primary Examiner, Art Unit 2656
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Prosecution Timeline

Aug 20, 2024
Application Filed
Feb 24, 2026
Non-Final Rejection mailed — §103
May 22, 2026
Response Filed
Jul 31, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
83%
Grant Probability
99%
With Interview (+20.0%)
2y 8m (~9m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1051 resolved cases by this examiner. Grant probability derived from career allowance rate.

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