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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,143,535. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of U.S. Patent No. 12,143,535 recites “A method comprising: correlating a past user interaction with a contact center system to a current user interaction with the contact center system; aggregating data of the past user interaction with data of the current user interaction to obtain aggregated interaction data …”, and claim 1 of the present application recites “A method comprising: correlating a past user interaction with a contact center system to a current user interaction with the contact center system; aggregating data of the past user interaction with data of the current user interaction to obtain aggregated interaction data …”.
U.S. Patent No. 12,143,535
A method comprising: correlating a past user interaction with a contact center system to a current user interaction with the contact center system; aggregating data of the past user interaction with data of the current user interaction to obtain aggregated interaction data …
Application 18/911,232
A method comprising: correlating a past user interaction with a contact center system to a current user interaction with the contact center system; aggregating data of the past user interaction with data of the current user interaction to obtain aggregated interaction data …
Claims 8 and 15 recite similar limitations as claim 1, therefore, claims 8 and 15, of the present application, are also rejected on the ground of nonstatutory double patenting as being unpatentable over claims 9 and 17 of U.S. Patent No. 12,143,535, respectively.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being unpatentable by Batcha et al. (US Patent Application, Pub. No.: US 2020/0349614 A1).
In regards to claims 1, 8, and 15, Batcha discloses a method, a system, and a non-transitory computer-readable storage medium comprising: correlating a past user interaction with a contact center system to a current user interaction with the contact center system (See [0051]); aggregating data of the past user interaction with data of the current user interaction to obtain aggregated interaction data (See [0051]); and prioritizing, based on the aggregated interaction data, the current user interaction in one or more queues of user interactions in the contact center system (See [0006] and [0029]).
In regards to claims 2, 9, and 16, Batcha discloses the method, system, and non-transitory computer-readable storage medium, wherein the past user interaction and the current user interaction use different modalities for communication (See [0028] and [0045]).
In regards to claims 3, 10, and 17, Batcha discloses the method, system, and non-transitory computer-readable storage medium, wherein the past user interaction is a chat session, and the current user interaction is a phone call (See [0028] and [0050]).
In regards to claims 4, 11, and 18, Batcha discloses the method, system, and non-transitory computer-readable storage medium, wherein the data of the past user interaction includes a first duration of the past user interaction, the data of the current user interaction includes a second duration of the current user interaction, and aggregating the data of the past user interaction with the data of the current user interaction includes determining an aggregated duration based on the first duration and the second duration (See [0051]).
In regards to claims 5, 12, and 19, Batcha discloses the method, system, and non-transitory computer-readable storage medium, wherein the data of the past user interaction includes a first sentiment score determined based on a transcript of the past user interaction using a machine learning model, the data of the current user interaction includes a second sentiment score determined based on a transcript of the current user interaction using a machine learning model, and aggregating the data of the past user interaction with the data of the current user interaction comprises determining an aggregated sentiment score based on the first sentiment score and the second sentiment score (See [0051] and [0056]).
In regards to claims 6, 13, and 20, Batcha discloses the system, method, and non-transitory computer-readable storage medium, comprising: generating a message based on the aggregated interaction data, wherein the message includes prompts for assisting an agent of the contact center system to complete the current user interaction; and presenting the message in a user interface (See [0060]).
In regards to claims 7 and 14, Batcha discloses the system, method, and non-transitory computer-readable storage medium, wherein the agent is a first agent, the user interface is a first user interface, and comprising: determining a status indicator for the current user interaction based on the aggregated interaction data; triggering, based on the status indicator, an alert message for a second agent of the contact center system; and presenting the alert message in a second user interface (See [0056]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Deole (US Patent Application, Pub. No.: US 2020/0076947 A1) teaches a smart customer assistant in a contact center.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THJUAN KNOWLIN ADDY whose telephone number is (571)272-7486. The examiner can normally be reached 8:30AM - 5:00PM Mon-Fri.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ahmad Matar can be reached at (571) 272-7488. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THJUAN K ADDY/Primary Examiner, Art Unit 2693
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