DETAILED ACTION
Claims 21-40 are pending in the present application. A preliminary amendment was filed 17 October 2024. Claims 1-20 were cancelled; and new claims 21-40 were added.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 22 October 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Claim Rejections - 35 USC § 112
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 21-40 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: reference to a search of the database and present results.
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 21-27 and 29-35 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims1, 3-4, 5-6, 11 and 14-16 of U.S. Patent No. 10,275,522 B2 Hernandez. Although the claims at issue are not identical, they are not patentably distinct from each other because it is well settled that omission of elements and theeeeir functioning is an obvious expedient if the remaining elements perform the same function as before. See In re Karlson, 136 USPQ 184 (CCPA 1963).
18/918,758
21. A computing device for presenting relevant information to a customer service representative, the computing device comprising at least one memory and at least one processor in communication with the at least one memory, the at least one processor configured to: receive a digitized data stream corresponding to a spoken conversation between a customer and the customer service representative; convert the digitized data stream to a text stream; compare words from the text stream with a list of keywords to identify words from the text stream that match the list of keywords; retrieve virtual content from a database based upon the words from the text stream that match the list of keywords; and cause the retrieved virtual content to be displayed on a display associated with the customer service representative.
22. The computing device of claim 21, wherein the at least one processor is further configured to: perform a search of the database for information and documents related to the words from the text stream that match the list of keywords; and present the information and documents resulting from the search on the display.
23. The computing device of claim 22, wherein the at least one processor is further configured to generate a value corresponding to a relevance of the words from the text stream that match the list of keywords for each result of the search.
24. The computing device of claim 23, wherein the at least one processor is further configured to present a portion of each result of the search along with the value corresponding to the relevance associated with each result of the search on the display.
25. The computing device of claim 22, wherein the at least one processor is further configured to search the database for an insurance policy of the customer if the words from the text stream that match the list of keywords include one or more identifiers for the insurance policy.
26. The computing device of claim 25, wherein the at least one processor is further configured to present data regarding the insurance policy of the customer on the display.
27. The computing device of claim 21 wherein the virtual content includes an insurance policy of the customer, and wherein the at least one processor is further configured to present data regarding the insurance policy of the customer on the display.
29. A computer-implemented method for evaluating a spoken conversation between a customer and a customer service representative, the computer-implemented method comprising: receiving a digitized data stream corresponding to the spoken conversation between the customer and the customer service representative; converting the digitized data stream to a text stream; comparing words from the text stream with a list of keywords to identify words from the text stream that match the list of keywords; retrieving virtual content from a database based upon the words from the text stream that match the list of keywords; and causing the retrieved virtual content to be displayed on a display associated with the customer service representative.
30. The computer-implemented method of claim 29, further comprising: performing a search of the database for information and documents related to the words from the text stream that match the list of keywords; and presenting the information and documents resulting from the search on the display.
31. The computer-implemented method of claim 30, further comprising generating a value corresponding to a relevance of the words from the text stream that match the list of keywords for each result of the search.
32. The computer-implemented method of claim 31, further comprising presenting a portion of each result of the search along with the value corresponding to the relevance associated with each result of the search on the display.
33. The computer-implemented method of claim 30, further comprising searching the database for an insurance policy of the customer if the words from the text stream that match the list of keywords include one or more identifiers for the insurance policy.
34. The computer-implemented method of claim 33, further comprising presenting data regarding the insurance policy of the customer on the display.
35. The computer-implemented method of claim 29 wherein the virtual content includes an insurance policy of the customer, and wherein the computer-implemented method further comprises presenting data regarding the insurance policy of the customer on the display.
US Patent 10,275,522 B1
11. A computing device for presenting relevant information to a customer service representative of a business, the computing device comprising: a processing element electronically coupled to a memory element, the processing element configured to— receive a digitized data stream corresponding to a spoken conversation between a customer and a representative; convert the data stream to a text stream; determine one or more keywords from the text stream; compare the one or more keywords with a history of keywords that have previously been searched; if the one or more keywords do not match one or more keywords in the history of keywords that have previously been searched, then performing the following steps; search a database for information related to the one or more keywords that have not been previously searched; search the database for an insurance policy of the customer if the one or more keywords include one or more identifiers for the insurance policy; and present the information on a display to facilitate relaying relevant information to the customer and/or enhancing the customer experience.
For claim 22 see claim 11 above.
14. The computing device of claim 11, wherein the processing element is further configured to generate a percentage value corresponding to a relevance to the one or more keywords for each result of the search.
15. The computing device of claim 14, wherein the processing element is further configured to present the percentage value associated with each result on a display.
For claim 25 see claim 11 above.
16. The computing device of claim 11, wherein the processing element is further configured to present data regarding the insurance policy of the customer on a display.
16. The computing device of claim 11, wherein the processing element is further configured to present data regarding the insurance policy of the customer on a display.
1. A computer-implemented method for presenting relevant information to a customer service representative of a business, the computer-implemented method comprising: receiving a digitized data stream corresponding to a spoken conversation between a customer and a representative; converting the data stream to a text stream; determining one or more keywords from the text stream; comparing the one or more keywords with a history of keywords that have previously been searched; if the one or more keywords do not match one or more keywords in the history of keywords that have previously been searched, then performing the following steps; searching a database for information related to the one or more keywords that have not been previously searched; searching the database for an insurance policy of the customer if the one or more keywords include one or more identifiers for the insurance policy; and presenting the information on a display to facilitate relaying relevant information to the customer and enhancing the customer experience.
For claim 30, see claim 1 above.
4. The computer-implemented method of claim 1, further comprising generating a percentage value corresponding to a relevance to the one or more keywords for each result of the search.
5. The computer-implemented method of claim 4, further comprising presenting the percentage value associated with each result on a display.
3. The computer-implemented method of claim 1, further comprising comparing words from the text stream with words included in a list of keywords related to products or services of the business and generate the words from the text stream that match words from the list of keywords.
6. The computer-implemented method of claim 1, further comprising presenting data regarding the insurance policy of the customer on a display.
6. The computer-implemented method of claim 1, further comprising presenting data regarding the insurance policy of the customer on a display.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRETA ROBINSON whose telephone number is (571)272-4118. The examiner can normally be reached Mon.-Fri. 9:30AM-6:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sherief Badawi can be reached at 571-272-9782. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GRETA L ROBINSON/Primary Examiner, Art Unit 2169