DETAILED ACTION
Claims 1-15 are pending. Claims 1-15 are considered in this Office 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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/7/2024 has been acknowledged. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. The initialed and dated copy of Applicant’s IDS form 1449 is attached to the instant Office action.
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 1-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claims 1, 14, and 15 recite limitations to acquire communication data indicating content of a communication performed through use of a communication tool (Receiving Information, an observation, a Mental Process; Managing Human Activity, i.e. managing appointments; a Certain Method of Organizing Human Activity), acquire adjustment appointment data indicating an adjustment appointment which is an appointment to be adjusted through the communication based on the communication data and a language-analyzable machine learning model (Receiving and Analyzing the Information, an observation and evaluation, a Mental Process; Managing Human Activity, i.e. managing appointments; a Certain Method of Organizing Human Activity), and transmit the adjustment appointment data to an appointment management tool configured to work in cooperation with the communication tool (Transmitting the Analyzed Information, a judgment, a Mental Process; Managing Human Activity, i.e. managing appointments; a Certain Method of Organizing Human Activity), which under their broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other reciting an appointment adjustment system comprising at least one processor, communication tool, appointment management tool, and medium, nothing in the claim element precludes the step from practically being performed or read into the mind for the purposes of transmitting adjustment data, essentially a report. For example, but for the “data” and “a language-analyzable machine learning model” language, to acquire adjustment appointment data indicating an adjustment appointment which is an appointment to be adjusted through the communication based on the communication data and data encompasses someone working at the front of a doctor’s office, taking a call to reschedule an appointment, which is communication data, and using it to reschedule the patient, an observation, evaluation, and judgment. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Further, as described above, these processes recite limitations for Managing Human Behavior, a “Method of Organizing Human Activity”. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim recites the above stated additional elements to perform the abstract limitations as above. The system, processor, communication tool, model, and medium are recited at a high-level of generality (i.e., as a generic processor/module performing a generic computer function of storing, retrieving, sending, and processing data) such that they amounts no more than mere instructions to apply the exception using generic computer components. Even if taken as an additional element, the receiving and transmission steps are insignificant extra-solution activity as these are receiving, storing, and transmitting data as per the MPEP 2106.05(d). Accordingly, these additional elements do not integrate the abstract idea into a practical application because they not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception, when considered both individually and as an ordered combination. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements being used to perform the abstract limitations stated above amounts to no more than mere instructions to apply the exception using generic computer components. Mere instructions to apply an exception using generic computer components cannot provide an inventive concept. The claim is not patent eligible. Applicant’s specification states:
“FIG. 1 is a diagram for illustrating an example of a hardware configuration of the appointment adjustment system. For example, an appointment adjustment system 1 includes a learning terminal 10, a communication server 20, an appointment management server 30, and a user terminal 40. The learning terminal 10, the communication server 20, the appointment management server 30, and the user terminal 40 are each connected to a network N, such as the Internet or a LAN. The learning terminal 10 is a computer which trains a machine learning model described later. For example, the learning terminal 10 is a personal computer, a tablet terminal, or a smartphone. “
Which is an example of a generic computer system/unit, as per the specification above, and from this interpretation, one would reasonably deduce the aforementioned steps are all functions that can be done on generic components, such as a laptop, desktop, tablet, etc., and thus application of an abstract idea on a generic computer, as per the Alice decision and not similar to Berkheimer, but for edification the Applicant’s specification has been used as above satisfying any such requirement. For the collecting and transmission steps that were considered extra-solution activity in Step 2A above, if they were to be considered an additional element, they have been re-evaluated in Step 2B and determined to be well-understood, routine, conventional, activity in the field. The background does not provide any indication that the additional elements, such as the system, processor, model, medium, etc., and the receiving and transmitting steps, are anything other than a generic, and the MPEP Section 2106.05(d) indicates that mere collection or receipt, storing, or transmission of data is a well‐understood, routine, and conventional function when it is claimed in a merely generic manner (as it is here). For these reasons, there is no inventive concept. The claim is not patent eligible.
Claims 2-13 contain the identified abstract ideas, further narrowing them, with the additional elements of communication screen and user terminal, which are highly generalized when considered under prong 2 as part of the Alice analysis of the MPEP for a practical or under 2B, and thus not significantly more for the same reasons and rationale as above.
After considering all claim elements, both individually and in combination, Examiner has determined that the claims are directed to the above abstract ideas and do not amount to significantly more. Therefore, the claims and dependent claims are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter. See Alice Corporation Pty. Ltd. v. CLS Bank International, No. 13–298.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3 and 5-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vukich (U.S. Publication No. 2023/021,4786).
Regarding Claims 1, 14, and 15, Vukich, a computer-based system and method configured for automated electronic calendar management and work task scheduling, teaches and appointment adjustment system comprising at least one processor, the at least one processor being configured to:
acquire communication data indicating content of a communication performed through use of a communication tool ([0037] collaboration system/tool can access emails for generating electronic calendar and communication items)
acquire adjustment appointment data indicating an adjustment appointment which is an appointment to be adjusted through the communication based on the communication data and a language-analyzable machine learning model ([0035-37] and [0039] appointments are rescheduled using machine learning which take in data from emails); and
transmit the adjustment appointment data to an appointment management tool configured to work in cooperation with the communication tool ([0075] requests for a different location, an adjustment, are transmitted to another computer, an appointment management tool)
Examiner notes Vukich teaches a method, processor ([0004]), and medium ([0016]).
Regarding Claim 2, Vukich teaches to register the adjustment appointment in the appointment management tool based on the adjustment appointment data ([0027] the information of above in Claim 1 is registered on a screen of a user, which consistent with Fig. 4 of Applicant’s Specification which states the registered appointments registered in the appointment management tool are shown on an appointment management screen SC2, and this information is the [0005] rescheduling information which is on the screen)
Regarding Claim 3, Vukich teaches to acquire the adjustment appointment data indicating a date and time of the adjustment appointment and other information on the adjustment appointment ([0061] data and time of the appointment/meeting/tasks is used in [0105] the rescheduling process)
Regarding Claim 5, Vukich teaches to:
acquire the adjustment appointment data indicating a plurality of dates and times of the adjustment appointment ([0138] and multiple places time parameters are used for rescheduling/adjusting);
display a communication screen including the content of the communication and the plurality of dates and times indicated by the adjustment appointment data on a user terminal ([0152] change requests for meeting are sent to computers/user terminals of users); and
transmit, to the appointment management tool, the adjustment appointment data indicating a date and time selected by a user from among the plurality of dates and times indicated by the adjustment appointment data ([0006] a selection of a time frame, such as a [0086] date and time, are used for determining an appointment).
Regarding Claim 6, Vukich teaches to:
acquire registered appointment data indicating a registered appointment which has been registered in the appointment management tool ([0027] the information of above in Claim 1 is registered on a screen of a user, which consistent with Fig. 4 of Applicant’s Specification which states the registered appointments registered in the appointment management tool are shown on an appointment management screen SC2, and this information is the [0005] rescheduling information which is on the screen)
display a communication screen showing the content of the communication on a user terminal based on the registered appointment data ([0152] change requests for meeting are sent to computers/user terminals of users, which is registered information as in [0027]); and
transmit the adjustment appointment data to the appointment management tool based on an operation performed on the communication screen ([0006] a selection of a time frame, such as a [0086] date and time, are used for determining an appointment and information is sent to a screen as in [0165] of a user device))
Regarding Claim 7, Vukich teaches to:
acquire the adjustment appointment data indicating the date and time of the adjustment appointment ([0138] and multiple places time parameters are used for rescheduling/adjusting);
acquire the registered appointment data indicating the date and time of the registered appointment ([0027] the information of above in Claim 1 is registered on a screen of a user, which consistent with Fig. 4 of Applicant’s Specification which states the registered appointments registered in the appointment management tool are shown on an appointment management screen SC2, and this information is the [0005] rescheduling information which is on the screen); and
determine whether a schedule of a user is open based on the date and time of the adjustment appointment indicated by the adjustment appointment data and the date and time of the registered appointment indicated by the registered appointment data, and display the communication screen on the user terminal based on a result of the determination ([0073] availability and unavailability are used to adjust/change/reschedule meetings/tasks which are appointments and meeting information are sent for display to computers/user terminals of users as in [0152]);
Regarding Claim 8, Vukich teaches to:
acquire the adjustment appointment data indicating the date and time of the adjustment appointment ([0138] and multiple places time parameters are used for rescheduling/adjusting);
acquire the registered appointment data indicating the date and time of the registered appointment ([0027] the information of above in Claim 1 is registered on a screen of a user, which consistent with Fig. 4 of Applicant’s Specification which states the registered appointments registered in the appointment management tool are shown on an appointment management screen SC2, and this information is the [0005] rescheduling information which is on the screen); and
identify, based on the registered appointment data, a registered appointment of at least one of before or after the date and time of the adjustment appointment indicated by the adjustment appointment data, and display the communication screen showing the identified registered appointment on the user terminal ([0006] a selection of a time frame, such as a [0086] date and time, are used for determining an appointment and information is sent to a screen as in [0165] of a user device))
Regarding Claim 9, Vukich teaches to:
acquire the adjustment appointment data indicating the date and time of the adjustment appointment and a location of the adjustment appointment ([0138] and multiple places time parameters are used for rescheduling/adjusting);
acquire the registered appointment data indicating the date and time of the registered appointment and a location of the registered appointment ([0027] the information of above in Claim 1 is registered on a screen of a user, which consistent with Fig. 4 of Applicant’s Specification which states the registered appointments registered in the appointment management tool are shown on an appointment management screen SC2, and this information is the [0005] rescheduling information which is on the screen); and
display, on the user terminal, a communication screen which includes travelability information indicating travelability based on the date and time and the location of the adjustment appointment indicated by the adjustment appointment data and the date and time and the location of the registered appointment indicated by the registered appointment data ([0200-213] the location information of the rescheduled meeting is [0214] sent to a screen of a user).
Regarding Claim 10, Vukich teaches wherein the at least one processor is configured to:
determine whether a task of the language-analyzable machine learning model is an appointment adjustment based on the communication data ([0067] task machine learning model which uses natural language as in [0065] to determine the task and other information); and
acquire the adjustment appointment data when the task is determined to be the appointment adjustment ([0069] the task duration and other time measures are adjust and displayed)
Regarding Claim 11, Vukich teaches to determine a processing target portion to be processed by the language-analyzable machine learning model from among the communication data, and to acquire the adjustment appointment data based on the language-analyzable machine learning model and the processing target portion ([0069] the task duration and other time measures are adjust and displayed this is a target to be changed)
Regarding Claim 12, Vukich teaches wherein the at least one processor is configured to generate, when the adjustment appointment data is transmitted to the appointment management tool, reply content data indicating reply content in the communication ([0063] feedback can be given on any project which is used as data to determine if schedule changes need to be made)
Regarding Claim 13, Vukich teaches wherein the at least one processor is configured to:
acquire the communication data of each of a plurality of the communication tools ([0138] time parameters are used for rescheduling/adjusting as well as [0063] feedback and information from [0058] electronic messages); and
identify, from among the plurality of the communication tools, a communication tool from which the communication data is acquired, and acquire the adjustment appointment data based on the identified communication tool ([0063-64] the information is acquired by the system/tool and uses AI/machine learning on emails to schedule and reschedule tasks)
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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Vukich (U.S. Publication No. 2023/021,4786) in view of Burcheci (U.S. Publication No. 2022/035,3640).
Regarding Claim 4, Vukich teaches to:
display a communication screen including the content of the communication and the adjustment appointment indicated by the adjustment appointment data on a user terminal ([0006] a selection of a time frame, such as a [0086] date and time, are used for determining an appointment with [0152] change requests for meeting are sent to computers/user terminals of users);
Although Vukich teaches to transmit, when the adjustment appointment displayed on the communication screen, the adjustment appointment data to the appointment management tool; and to transmit, when the adjustment appointment displayed on the communication screen is changed by the user, the adjustment appointment data indicating the adjustment appointment to the appointment management tool ([0006] a selection of a time frame, such as a [0086] date and time, are used for determining an appointment and information is sent to a screen as in [0165] of a user device)), but it does not teach changing or not changing by the user on the screen.
Burcheci, a system and method for appointment scheduling, teaches only certain information being display as in [0039-42] where the user information of a user populates based on whether that user is involved in the scheduling.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the displaying of scheduled and rescheduled meeting and tasks of Vukich with the appointment scheduling using user information of Burcheci as they are both analogous art along with the claimed invention which all teach solutions to scheduling and rescheduling meetings, and the combination would lead to an improved system which would increase the efficiency of the system by improving the safety of transactions by using data from the same events which is validated as taught in [0092] of Burcheci.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH M WAESCO whose telephone number is (571)272-9913. The examiner can normally be reached on 8 AM - 5 PM M-F.
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/JOSEPH M WAESCO/Primary Examiner, Art Unit 3625B 1/12/2026