1Notice 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 .
DETAILED ACTION
This communication is responsive to the application filed on 10/14/2024.
Claims 1-20 are presented for examination.
References in applicant's IDS form 1449 received on 10/14/2024 have been considered by the examiner.
Double Patenting
The no statutory 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 no statutory obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-20 are provisionally rejected on the ground of no statutory obviousness-type double patenting as being unpatentable over claims 1-20 of cop ending Application No. 17/876,716 (Paten No. 11776068). Although the conflicting claims are not identical, they are not patentably distinct from each other because claims in each application are directed to receiving natural language content corresponding to audio input from a user to update workflow of an application.
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Specifically, claims 1-20 are directed to an abstract idea without additional elements amounting to significantly more than the abstract idea.
With respect to Step 2A Prong One of the framework, claim 1 recites an abstract idea. Claim 1 includes elements for “receiving natural language content corresponding to audio input from a user; determining whether the natural language content comprises a first type of information, based on evaluating the natural language content with a first machine learning model; and in response to determining the natural language content comprises the first type of information: determining a temporal association of the first type of information, based on evaluating the natural language content with a second machine learning model, wherein the second machine learning model was trained to output an indication of a time period in response to input natural language content, and wherein the temporal association comprises an association between the first type of information and a given time period of a plurality of time periods; and automatically updating a workflow of an application based on the temporal association of the first type of information.”
The limitations above recite an abstract idea. More particularly, the elements above recite certain methods of organizing human activity related to managing personal behavior or relationships or interactions between people because the elements describe receiving natural language content corresponding to audio input from a user to update workflow of an application. Further, the elements above recite mental processes because the elements describe observations or evaluations that could be practically performed in the mind or by using pen and paper. As a result, claim 1 recites an abstract idea under Step 2A Prong One.
Claims 14 and 20 include substantially similar limitations to those included with respect to claim 1. As a result, claims 14 and 20 recite an abstract idea under Step 2A Prong One for the same reasons as stated above with respect to claim 1.
Claims 1-13 and 15-20 further describe the process for selecting and viewing organizational information and further recite certain methods of organizing human activity and/ mental processes for the same reasons as stated above. As a result, claims 1-13 and 15-20 recite an abstract idea under Step 2A Prong One.
With respect to Step 2A Prong Two of the framework, claim 1 does not include additional elements that integrate the abstract idea into a practical application. Claim 1 includes additional elements that do not recite an abstract idea under Step 2A Prong One. The additional elements include receiving natural language content corresponding to audio input from a user to update workflow of an application. When considered in view of the claim as a whole, the additional elements do not integrate the abstract idea into a practical application because the memory and processor amounts to no more than a general computing component that is used as a tool to perform the recited abstract idea, and the step for gathering information is an insignificant extra solution activity to the recited abstract idea. As a result, claim 1 does not include any additional elements that integrate the abstract idea into a practical application under Step 2A Prong Two.
As noted above, claims 14 and 20 include substantially similar limitations to those included with respect to claim 1. Although claim 20 further includes a computer program product residing on a computer readable medium and a processor, and claim 14 further includes a processor and memory, the additional element, when considered in view of the claim as a whole, do not integrate the abstract idea into a practical application because the additional elements amount to no more than general computing components that are used as a tool to perform the recited abstract idea. As a result, claims 14 and 20 do not include any additional elements that integrate the abstract idea into a practical application under Step 2A Prong Two.
Claims 2-13 and 15-19 do not include any additional elements beyond those included with respect to the claims from which claims 2-13 and 15-19 depend. As a result, claims 2-13 and 15-19 do not include any additional elements that integrate the abstract idea into a practical application under Step 2A Prong Two for the same reasons as stated above.
With respect to Step 2B of the framework, claim 1 does not include additional elements amounting to significantly more than the abstract idea. As noted above, claim 1 includes additional elements that do not recite an abstract idea under Step 2A Prong One. The additional elements include memory and processor and a step for gathering information. The additional elements do not amount to significantly more than the recited abstract idea because the additional elements the computing device amounts to no more than a general computing component that is used as a tool to perform the recited abstract idea, and the step for gathering information is a well-understood, routine, and conventional computer function in view of MPEP 2105.06(d)(II). Further, looking at the additional elements as an ordered combination adds nothing that is not already present when considering the additional elements individually. As a result, claim 1 does not include any additional elements that amount to significantly more than the recited abstract idea under Step 2B.
As noted above, claims 14 and 20 include substantially similar limitations to those included with respect to claim 1. Although claim 20 further includes a computer program product residing on a computer readable medium and a processor, and claim 14 further includes a processor and memory, the additional elements do not amount to significantly more than the recited abstract idea because the additional elements amount to no more than general computing components that are used as a tool to perform the recited abstract idea. Further, looking at the additional elements as an ordered combination adds nothing that is not already present when considering the additional elements individually. As a result, claims 14 and 20 do not include any additional elements that amount to significantly more than the recited abstract idea under Step 2B.
Claims 2-13 and 15-19 do not include any additional elements beyond those included with respect to the claims from which claims 2-13 and 15-19 depend. As a result, claims 2-13 and 15-19 do not include any additional elements that amount to significantly more than the recited abstract idea under Step 2B for the same reasons as stated above.
Therefore, the claims are directed to an abstract idea without additional elements amounting to significantly more than the abstract idea. Accordingly, claims 1-20 are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FATEH M OBAID whose telephone number is (571)270-7121. The examiner can normally be reached Monday-Friday 8:00 A.M to 4:30 P.M.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ryan Zeender can be reached at (571) 272-6790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FATEH M OBAID/Primary Examiner, Art Unit 3627
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