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.
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Claim 1 of 18/956,977
A method comprising: receiving a chat message; obtaining a topic identifier that identifies a topic of the chat message; selecting, based on the topic identifier, a first virtual agent of a plurality of virtual agents according to a determination that the first virtual agent is configured to implement a first workflow that is associated with the topic; and processing the chat message via the first virtual agent.
Claim 8 of 18/956,977
The method of claim 1, wherein processing the chat message includes transforming a format of the chat message.
Claim 9 of 18/956,977
The method of claim 1, wherein the chat message is provided to a second virtual agent different from the first virtual agent.
Claim 10 of 18/956,977
The method of claim 9, wherein the first virtual agent is provided by a third-party entity different from an entity providing the second virtual agent.
Claim 1 of 12190066
A method, comprising: receiving a chat message from a user to a primary virtual agent service; identifying a conversation topic among a plurality of configured conversation topics including by determining an intent of the user based on the chat message and evaluating the intent with respect to each of the plurality of configured conversation topics; based on the identified conversation topic, automatically selecting a secondary virtual agent service to handle the chat message, wherein the secondary virtual agent service is selected from a plurality of candidate secondary virtual agent services that includes at least one virtual agent service provided by a third-party entity external to an entity providing the primary virtual agent service; using one or more processors to transform the chat message from a first format of the primary virtual agent service to a second format of the selected secondary virtual agent service; and forwarding the chat message in the second format to the selected secondary virtual agent service.
Claim 16 of 18/956,977
A system, comprising: one or more processors configured to: receive a chat message; obtain a topic identifier that identifies a topic of the chat message; select, based on the topic identifier, a first virtual agent of a plurality of virtual agents according to a determination that the first virtual agent is configured to implement a first workflow that is associated with the topic; and process the chat message via the first virtual agent; and a memory coupled to the one or more processors, wherein the memory is configured to provide the one or more processors with instructions.
Claim 19 of 18/956,977
The system of claim 18, wherein the one or more processors are further configured to: receive a response message from the first virtual agent; transform the response message to a format of the second virtual agent; and provide the transformed response message in a conversation between the second virtual agent and a user.
Claim 11 of 12190066
A system, comprising: one or more processors; and a memory coupled to the one or more processors, wherein the memory is configured to provide the one or more processors with instructions which when executed cause the one or more processors to: receive a chat message from a user to a primary virtual agent service; identify a conversation topic among a plurality of configured conversation topics including by determining an intent of the user based on the chat message and evaluating the intent with respect to each of the plurality of configured conversation topics; based on the identified conversation topic, automatically select a secondary virtual agent service to handle the chat message, wherein the secondary virtual agent service is selected from a plurality of candidate secondary virtual agent services that includes at least one virtual agent service provided by a third-party entity external to an entity providing the primary virtual agent service; transform the chat message from a first format of the primary virtual agent service to a second format of the selected secondary virtual agent service; and forward the chat message in the second format to the selected secondary virtual agent service.
Claim 20 of 18/956,977
A computer program product, the computer program product being embodied in a non-transitory computer readable storage medium and comprising computer instructions for: receiving a chat message; obtaining a topic identifier that identifies a topic of the chat message; selecting, based on the topic identifier, a first virtual agent of a plurality of virtual agents according to a determination that the first virtual agent is configured to implement a first workflow that is associated with the topic; and processing the chat message via the first virtual agent.
Claim 20 of 12190066
A computer program product, the computer program product being embodied in a non-transitory computer readable storage medium and comprising computer instructions for: receiving a chat message from a user to a primary virtual agent service; identifying a conversation topic among a plurality of configured conversation topics including by determining an intent of the user based on the chat message and evaluating the intent with respect to each of the plurality of configured conversation topics; based on the identified conversation topic, automatically selecting a secondary virtual agent service to handle the chat message, wherein the secondary virtual agent service is selected from a plurality of candidate secondary virtual agent services that includes at least one virtual agent service provided by a third-party entity external to an entity providing the primary virtual agent service; transforming the chat message from a first format of the primary virtual agent service to a second format of the selected secondary virtual agent service; and forwarding the chat message in the second format to the selected secondary virtual agent service.
Claims 1, 8-10, 16 & 19-20 of application number 18/956,977 (hereinafter referred to as ‘977) are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 11 & 20 of U.S. Patent No. 12190066 (hereinafter referred to as ‘066).
Although the claims at issue are not identical, they are not patentably distinct from each other because ‘977 claims 1, 8-10, 16 & 19-20 are broader recitations of ‘066 claims 1, 11 & 20. Therefore, the recitations of ‘066 claims 1, 11 & 20 are encompassed by the recitations of ‘977 claims 1, 8-10, 16 & 19-20.
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 1-7, 9, 11, 16-18 & 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Palakovich et al, US Patent Pub. 20160099892 A1.
Re Claim 1, Palakovich et al discloses a method comprising: receiving a chat message (abstract: chats from end users are transmitted via a virtual agent proxy to one of a plurality of virtual agents whom is read as the primary virtual agent; wherein the chat messages can be escalated to a live agent from a virtual agent and/or deescalated from a live agent to a virtual agent (para 0010); where the system can be implemented with a processor and memory (para 0100)); obtaining a topic identifier that identifies a topic of the chat message (paras 0025, 0056: chat initialization message determines a chat queue, where the chat queue can be selected based on the topic; wherein being able to determine the chat queue based on the topic implies also being able to identify the topic. The chat queue includes several virtual agents (paras 0027, 0038, 0042, 0050, 0052)); selecting, based on the topic identifier, a first virtual agent of a plurality of virtual agents according to a determination that the first virtual agent is configured to implement a first workflow that is associated with the topic (paras 0025, 0056: chat initialization message determines a chat queue, where the chat queue can be selected based on the topic; wherein being able to determine the chat queue based on the topic implies also being able to identify the topic. The chat queue includes several virtual agents (paras 0027, 0038, 0042, 0050, 0052) that are assigned based on topics and the escalation/de-escalation is interpreted as the workflow (paras 0010, 0027, 0038)); and processing the chat message via the first virtual agent (abstract: chats from end users are transmitted via a virtual agent proxy to one of a plurality of virtual agents whom is read as the primary virtual agent; wherein the chat messages can be escalated to a live agent from a virtual agent and/or deescalated from a live agent to a virtual agent (para 0010)).
Re Claim 2, Palakovich et al discloses the method of claim 1, wherein the topic identifier is determined using Natural Language Understanding (NLU) (paras 0033, 0085, 0116: natural language understanding/processing).
Re Claim 3, Palakovich et al discloses the method of claim 2, wherein using the Natural Language Understanding (NLU) includes: extracting an utterance from the received chat message from a user (paras 0033, 0085, 0116: natural language understanding/processing has the ability to extract information, determine intent and perform comparisons); determining an intent of the user based on the extracted utterance (paras 0033, 0085, 0116: natural language understanding/processing has the ability to extract information, determine intent and perform comparisons); and comparing the determined intent to each of a plurality of configured conversation topics (paras 0033, 0085, 0116: natural language understanding/processing has the ability to extract information, determine intent and perform comparisons).
Re Claim 4, Palakovich et al discloses the method of claim 3, further comprising transmitting to the first virtual agent the extracted utterance, the determined intent, or the topic identifier (paras 0033, 0085, 0116: natural language understanding/processing has the ability to extract information, determine intent and perform comparisons; wherein extracted utterance is selected from the Markush claim language).
Re Claim 5, Palakovich et al discloses the method of claim 1, wherein each of the plurality of virtual agents is configured to implement a distinct workflow (paras 0025, 0056: chat initialization message determines a chat queue, where the chat queue can be selected based on the topic; wherein being able to determine the chat queue based on the topic implies also being able to identify the topic. The chat queue includes several virtual agents (paras 0027, 0038, 0042, 0050, 0052) that are assigned based on topics and the escalation/de-escalation is interpreted as the workflow (paras 0010, 0027, 0038)).
Re Claim 6, Palakovich et al discloses the method of claim 5, wherein each of the distinct workflows addresses a corresponding type of topic (paras 0025, 0056: chat initialization message determines a chat queue, where the chat queue can be selected based on the topic; wherein being able to determine the chat queue based on the topic implies also being able to identify the topic. The chat queue includes several virtual agents (paras 0027, 0038, 0042, 0050, 0052) that are assigned based on topics and the escalation/de-escalation is interpreted as the workflow (paras 0010, 0027, 0038)).
Re Claim 7, Palakovich et al discloses the method of claim 1, but fails to explicitly disclose wherein obtaining the topic identifier includes: determining a plurality of topic confidence scores respectively associated with a plurality of candidate topics of the chat message (paras 0033, 0085, 0116: natural language understanding/processing has the ability to extract information, determine intent and perform comparisons then obtain confidence scores; where when using natural language processing to identify topic of chats, the natural language processing selected topic is identified by using the obtained best/highest confidence scores); and selecting a best topic confidence score of the plurality of topic confidence scores, wherein the best topic confidence score is associated with the topic of the chat message that is identified by the topic identifier (paras 0033, 0085, 0116: natural language understanding/processing has the ability to extract information, determine intent and perform comparisons then obtain confidence scores; where when using natural language processing to identify topic of chats, the natural language processing selected topic is identified by using the obtained best/highest confidence scores).
Re Claim 9, Palakovich et al discloses the method of claim 1, wherein the chat message is provided to a second virtual agent different from the first virtual agent (abstract: chats from end users are transmitted via a virtual agent proxy to one of a plurality of virtual agents whom is read as the primary virtual agent; wherein the chat messages can be escalated to a live agent from a virtual agent and/or deescalated from a live agent to a virtual agent (para 0010)).
Re Claim 11, Palakovich et al discloses the method of claim 9, wherein processing the chat message includes forwarding the chat message from the second virtual agent to the first virtual agent (abstract: chats from end users are transmitted via a virtual agent proxy to one of a plurality of virtual agents whom is read as the primary virtual agent; wherein the chat messages can be escalated to a live agent from a virtual agent and/or deescalated from a live agent to a virtual agent (para 0010)).
Claim 16 has been analyzed and rejected according to claim 1.
Claim 17 has been analyzed and rejected according to claim 2.
Claim 18 has been analyzed and rejected according to claim 9.
Claim 20 has been analyzed and rejected according to claim 1.
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.
The factual inquiries 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.
Claims 8, 12-15 & 19 are rejected under 35 U.S.C. 103 as being unpatentable over Palakovich et al, US Patent Pub. 20160099892 A1 as applied to claim 1 above, in view of Lee et al, US Patent Pub. 20160286027 A1.
Re Claim 8, Palakovich et al discloses the method of claim 1, but fails to explicitly disclose the method of claim 1, but fails to explicitly disclose wherein processing the chat message includes transforming a format of the chat message. Lee et al discloses a system that teaches the concept of formatting a chat message to a format suitable for the recipient before sending said chat message (Lee et al, paras 0081-0084). It would have been obvious to modify Palakovich et al such that their chat messages are formatted to the appropriate format before being transmitted to the appropriate party (virtual agents) and vice versa as taught in Lee et al for the purpose of being able to transmit various types of readable/comprehensible chat messages regardless of the original format.
Re Claim 12, Palakovich et al discloses the method of claim 9, but fail to disclose further comprising: receiving a response message from the first virtual agent; transforming the response message to a format of the second virtual agent; and providing the transformed response message in a conversation between the second virtual agent and a user. Lee et al discloses a system that teaches the concept of formatting a chat message to a format suitable for the recipient before sending said chat message (Lee et al, paras 0081-0084). It would have been obvious to modify Palakovich et al such that their chat messages are formatted to the appropriate format before being transmitted to the appropriate party (virtual agents) and vice versa as taught in Lee et al for the purpose of being able to transmit various types of readable/comprehensible chat messages regardless of the original format.
Re Claim 13, the combined teachings of Palakovich et al and Lee et al disclose the method of claim 12, wherein transforming the response message includes converting a user interface element compatible with the first virtual agent to a corresponding user interface element compatible with the second virtual agent (Lee et al, paras 0007, 0071, 0081-0084: a system that teaches the concept of formatting a chat message data to a format suitable for the recipient before sending said chat message and vice versa regardless if the chat message includes a document, photo and/or video; wherein the user interface elements will also naturally be converted including but not limited to calendar and file uploading interfaces).
Re Claim 14, the combined teachings of Palakovich et al and Lee et al disclose the method of claim 13, wherein the user interface element compatible with the first virtual agent is a calendaring user interface element configured to receive a date selection (Lee et al, paras 0007, 0071, 0081-0084: a system that teaches the concept of formatting a chat message data to a format suitable for the recipient before sending said chat message and vice versa regardless if the chat message includes a document, photo and/or video; wherein the user interface elements will also naturally be converted including but not limited to calendar and file uploading interfaces).
Re Claim 15, the combined teachings of Palakovich et al and Lee et al disclose the method of claim 13, wherein the user interface element compatible with the first virtual agent is a file upload user interface element configured to receive a file (Lee et al, paras 0007, 0071, 0081-0084: a system that teaches the concept of formatting a chat message data to a format suitable for the recipient before sending said chat message and vice versa regardless if the chat message includes a document, photo and/or video; wherein the user interface elements will also naturally be converted including but not limited to calendar and file uploading interfaces).
Claim 19 has been analyzed and rejected according to claim 12.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Palakovich et al, US Patent Pub. 20160099892 A1 as applied to claim 1 above, in view of Hatambeiki et al, US Patent Pub. 20220394348 A1.
Re Claim 10, Palakovich et al discloses the method of claim 9, but fails to disclose wherein the first virtual agent is provided by a third-party entity different from an entity providing the second virtual agent. Hatambeiki et al discloses a system that teaches the concept of being able to perform same level escalating of a chat message between an end user and a virtual agent to other virtual agents/secondary virtual agents such as third-party virtual agents when the primary virtual agent cannot trouble shoot the chat message from the end user (Hatambeiki et al, para 0004). It would have been obvious to modify the Palakovich et al system to include the ability to escalate the chat message from a virtual agent to a secondary virtual agent such as a third-party virtual agent as taught in Hatambeiki et al for the purpose of performing virtual agent to virtual agent escalations where other outside virtual agents can solve matters not solvable by in house primary virtual agents thus making the system more robust in its abilities.
Contact
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/GEORGE C MONIKANG/Primary Examiner, Art Unit 2692 10/03/2026
