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 .
Status of Claims
This action is in response to the agreement filed on 1 December 2025. Claims 1, 9 and 16 have been amended. Claims 1-20 are currently pending and have been examined.
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.
Step 1: The claims 1-8 are a method , claim 9-15 are a system and 16-20 are media. Thus, each independent claim, on its face, is directed to one of the statutory categories of 35 U.S.C. §101. However, the claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 2A-Prong 1: independent claims (1, 9 and 16) recite receiving, a request to send a message to a specified user of a plurality of users of a communication services platform; providing a user profile of the specified user to a communication channel selection model, wherein the user profile characterizes actions of one or more predefined action types that were performed by the specified user in response to receiving previous communications; identifying, based on the output of the communication channel selection model, a preferred communication channel for communicating with the specified user; determining, based on the preferred communication channel, a communication strategy for the specified user; and causing, pursuant to the communication strategy, a message to be sent to the specified user. The providing limitation as recited is a process, its broadest reasonable intepration covers displying user profile for allowing to select a specific channel to communicate to the user based on present/displayed profile which falls within mental process. The identifying and determining limitations are also a process under its broadest reasonable interpretation, covers the performance of the limitation in the mind but for the rection of generic computer components. That is, other than reciting “by one or more processor”, nothing in the claims precludes the providing, identifying and determining steps from practically being performed in the human mind. For example, but for the “by one or more processor” language the claims encompass that the user comparing to select the specific commucation channel in response to provide a user profile. Further, claims 2-8, 10-15 and 17-20 merely provide additional abstract concepts and narrow the abstract idea of claims 1, 9 and 16. Further, claims 1-20, 2 are recited at such a high level that the claimed steps amount to no more than a mental processes, such as concepts performed in the human mind (including an observation, evaluation, judgment, opinion) because a human can select content that meets a specified criteria, acknowledge an agreement to promote content and authorize compensation.
Step 2A-Prong 2: The additional limitation of the commucation system, one or more processor , and memory which is also recited in independent claims 1, 9 and 16. These commucation system are recited at a high-level of generality (i.e., as a generic processor performing a generic computer function of processing data and a generic memory storing data) such that it amounts no more adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f). The receiving/sending is recited at a high level of generality (i.e., as a general means of gathering request for sending a message for performing the providing, identifying and deteriming step ), and amounts to mere data gathering, which is a form of insignificant extra-solution activity. The causing limitation is also recited at a high level of generality (i.e., as general means of sending message ) . and amounts to mere data gathering, which is a form of insignificant extra-solution activity. Each of the additional limitations is no more than mere instructions to apply the exception using a generic computer component (the network appliance). The combination of these additional elements is no more than mere instructions to apply the exception using a generic computer component (the communication service platform, memory and processor). Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to the abstract idea.
Step 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using the claimed communication service platform amount to no more than “apply” a selection of content on the systems.
Further, the courts have consistently recognized that merely presenting the results of abstract processes of collecting and analyzing information, without more (such as identifying a
particular tool for presentation), is abstract as an ancillary part of such collection and analysis. See, e.g., Content Extraction, 776 F.3d at 1347; Ultramercial, Inc. v. Hulu, LLC, 772 F.3d 709,
715 (Fed. Cir. 2014). Examiner asserts that “causing pursuant to the communication strategy ” is not particular tool, thus it offers no more than presenting anything that includes the sending message that resulted from the identified and determined the preferred communication based on user profile characterstics.
In sum, the combination of steps that receives request, presents message and causing pursuant to the commucation strategy are at best is doing no more than generally linking the claims to network environment that sends and receives communications– see MPEP 2106.05(h). See also, OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network).
TLI Communications provides an example of a claim invoking computers and other
machinery merely as a tool to perform an existing process. The court stated that the claims
describe steps of recording, administration and archiving of digital images, and found them to be
directed to the abstract idea of classifying and storing digital images in an organized manner. 823
F.3d at 612, 118 USPQ2d at 1747. The court then turned to the additional elements of
performing these functions using a telephone unit and a server and noted that these elements were being used in their ordinary capacity (i.e., the telephone unit is used to make calls and
operate as a digital camera including compressing images and transmitting those images, and the
server simply receives data, extracts classification information from the received data, and stores
the digital images based on the extracted information). 823 F.3d at 612-13, 118 USPQ2d at
1747-48.
Similarly, these claims receiving request , providing a user profile, identifying preferred communication channel, deteriming commucation strategy to select channel and causing pursuant to communication by invoking computer systems as tools being used in an ordinary capacity to execute the abstract idea. Thus, these additional elements do not add significantly more to the abstract idea because they were simply applying the abstract idea on a computer system without sufficient recitation of details of how to carry out the abstract idea. The claims merely offer conventional computer systems to perform the mental process.
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.
Claim(s)s 1-3, 5, 7, 9, 10-12, 14, and 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shirazi et al (US Pub., No., 2016/0286526 A1) in view Tseng (US Pub., No., 2012/0089698 A1)
With respect to claim 1, Shirazi teaches a method (paragraph [0004], discloses methods that include action) comprising:
receiving, by one or more processors and via an application programming interface (API) of a communication service platform, a request to send a message to a specified user of a plurality of users of a communication services platform(paragraph [0017], discloses an application programming interface (API)can be used by customer’s computer system to communication with the channel manager and paragraph [0019], discloses the customer 140 computer system send a request for transmitting a message to the server system);
determining, based on the preferred communication channel, a communication strategy for the specified user (paragraph [0025], discloses the channel manager 114 can determine one or mor of the properties in TABLE 1 by observing how a given channel behaves over time for a give user or multiple users [communication strategies] and paragraph [0026], discloses select communication channel based on the ender’s identify .., paragraph [0027], dislcies the channel manager select a communication channel based on evaluation ) ; and
causing, pursuant to the communication strategy, a message to be sent to the specified user (paragraph [0008], dislcies the system enables a sender to communicate through one of many possible commucation channel via a single application program interface (API) and paragraph [0029] discloses provide the selected channel to the channel manager 114 that manages transmitting the message through the selected channel).
Shirazi teaches the above elements including providing user to a communication channel selection model, wherein the user profile characterizes actions of one or more predefined action types that were performed by the specified user in response to receiving previous communications(paragraph [0003], discloses various communication channels such as phone calls, emails, SMS message or OTT message , paragraph [0007], discloses the OTT user identifier can be an account name of the OTT channel , user identifier can be a phone number , sending the message to the OTT user identifier .., and paragraph [0023], discloses the server system 122 receive the request to send the message from the costumer 140 and optionally authentication the request channel specified by the sender identification or the server system 122 can select a scheme: channel (using the channel manager 114) to send the message on. The authentication module 112 is a software component that validates that the request was submitted by an authorized user of the server system 122) and identifying, based on the output of the communication channel selection model, a preferred communication channel for communicating with the specified user (paragraph [0024], discloses the channel manager 114 is a software component that select a communication channel for transmitting the message based on or more properties.., see Table 1, user preference [preferred communication channel] , an indication of whether the recipient favors the channel for commucation …), Shirazi failed the corresponding provided user identifier can be a phone number , sending the message to the OTT user identifier includes a user profile of the specified by user and wherein the output of the communication channel selection model comprises a respective engagement probability score for each of a plurality candidate communication channel ;
However, Tseng teaches user profile of the specified by user(paragraph [0012], discloses the user profile may include in information provided by the user and information gathered by various system) and wherein the output of the communication channel selection model comprises a respective engagement probability score for each of a plurality candidate communication channel (paragraph [0005], dislcies ranking commucation channels, paragraph [0020], dislcies ranking communications channels, paragraph [0022], discloses the channel listing process only returns a top-ranked channel to a requesting user ..).. Therefore, it would have been obvious to the one ordinary skill in the art before the effective filing date of the claimed invention for authentication the request channel specified by the sender identification or the server system of Shirazi by including a profile information of Tseng in order to target user based on the user profile.
With respect to claim 2, Shirazi in view of Tseng teaches elements of claim 1, furthermore, Shirazi teaches the method wherein the preferred communication channel is one of: an electronic mail, a short messaging service (SMS), a phone communication channel, or a proprietary instant messaging communication channel(paragraph [0026] discloses SMS message).
With respect to claim 3, Shirazi in view of Tseng teaches elements of claim 1, furthermore, Shirazi teaches the method wherein the output of the communication channel selection model (paragraph [0005], discloses selecting a channel from a plurlity of different channels for sending the message based on the more properties of communications on the channels and paragraph [0017], discloses the channel manager 114 is responsible for selecting communication channels to use and for facilitating communication between customer and users ). Shirazi failed to teach the corresponding channel manager 114 comprises a plurality of scores for respective communication channels, wherein each score of the plurality of scores reflects a probability of the specified user engaging via a respective communication channel.
However, Tseng teaches comprises a plurality of scores for respective communication channels, wherein each score of the plurality of scores reflects a probability of the specified user engaging via a respective communication channel (paragraph [0028], discloses assign default scores for communication channels in the presentation sequence, with the communication channel on the top of the sequence having the highest score ( e.g., 1.0 for chat, 0.8 for call, etc.)). Therefore, it would have been obvious to the one ordinary skill in the art before effective filing date of the claimed invention for channel manager 114 is responsible for selecting communication channels of Shirazi wit assigning scores for communication channels in the presentation sequence of Tseng in order to select top-ranked communication (see Tseng, paragraph [0031])
With respect to claim 5, Shirazi in view of Tseng teaches elements of claim 1, furthermore, Shirazi teaches the method wherein the communication strategy further specifies a preferred time of communications of the specified user(paragraph [0024], dislcies the cannel manager 114 selects a communication channel for transmitting the message based on one or more property.., TABLE 1, “reachability of Recipient” [preferred time]).
With respect to claim 7, Shirazi in view of Tseng teaches elements of claim 1, furthermore, Shirazi teaches the method wherein the one or more predefined action types comprise an indication of a user selecting a link in a previously received communication(paragraph [0037], discloses the user can access the message from a user interface of the OTT2 application running on the client device.., and paragraph [0038], discloses the cannel adapter 116 forward the delivery receipt [an indirection of the user selecting a link] to the channel manager ).
With respect to claim 9, Shirazi teaches a system (paragraph [0004] discloses first system information) comprising:
a memory; and one or more processors, coupled to the memory, the one or more processor congrued to perform operation (paragraph [0047], discloses a programmable processor, and paragraph [0049], discloses one or more programable processor executing one or mor more computer programs to perform action by operation on input data and paragraph [0050], discloses a computer processor for performing action in accordance with instructions and one or more memory device for storing instructions ) comprising:
receive, a request to send a message to a specified user of a plurality of users of a communication services platform(paragraph [0019], discloses the customer 140 computer system send a request for transmitting a message to the server system);
determine, based on the preferred communication channel, a communication strategy for the specified user (paragraph [0025], discloses the channel manager 114 can determine one or mor of the properties in TABLE 1 by observing how a given channel behaves over time for a give user or multiple users [communication strategies] and paragraph [0026], discloses select communication channel based on the ender’s identify .., paragraph [0027], dislcies the channel manager select a communication channel based on evaluation ) ; and
cause, pursuant to the communication strategy, a message to be sent to the specified user (paragraph [0008], dislcies the system enables a sender to communicate through one of many possible commucation channel via a single application program interface (API) and paragraph [0029] discloses provide the selected channel to the channel manager 114 that manages transmitting the message through the selected channel).
Shirazi teaches the above elements including providing user to a communication channel selection model, wherein the user profile characterizes actions of one or more predefined action types that were performed by the specified user in response to receiving previous communications(paragraph [0003], discloses various communication channels such as phone calls, emails, SMS message or OTT message , paragraph [0007], discloses the OTT user identifier can be an account name of the OTT channel , user identifier can be a phone number , sending the message to the OTT user identifier .., and paragraph [0023], discloses the server system 122 receive the request to send the message from the costumer 140 and optionally authentication the request channel specified by the sender identification or the server system 122 can select a scheme: channel (using the channel manager 114) to send the message on. The authentication module 112 is a software component that validates that the request was submitted by an authorized user of the server system 122) and identifying, based on the output of the communication channel selection model, a preferred communication channel for communicating with the specified user (paragraph [0024], discloses the channel manager 114 is a software component that select a communication channel for transmitting the message based on or more properties.., see Table 1, user preference [preferred communication channel] , an indication of whether the recipient favors the channel for commucation …), Shirazi failed the corresponding provided user identifier can be a phone number , sending the message to the OTT user identifier includes a user profile of the specified by user and wherein the output of the communication channel selection model comprises a respective engagement probability score for each of a plurality candidate communication channel ;
However, Tseng teaches user profile of the specified by user(paragraph [0012], discloses the user profile may include in information provided by the user and information gathered by various system) and wherein the output of the communication channel selection model comprises a respective engagement probability score for each of a plurality candidate communication channel (paragraph [0005], dislcies ranking commucation channels, paragraph [0020], dislcies ranking communications channels, paragraph [0022], discloses the channel listing process only returns a top-ranked channel to a requesting user ..).. Therefore, it would have been obvious to the one ordinary skill in the art before the effective filing date of the claimed invention for authentication the request channel specified by the sender identification or the server system of Shirazi by including a profile information of Tseng in order to target user based on the user profile.
With respect to claim 10, Shirazi in view of Tseng teaches elements of claim 9, furthermore, Shirazi teaches the system wherein the preferred communication channel is one of: an electronic mail, a short messaging service (SMS), a phone communication channel, or a proprietary instant messaging communication channel(paragraph [0026] discloses SMS message).
With respect to claim 11, Shirazi in view of Tseng teaches elements of claim 9, furthermore, Shirazi teaches the system wherein the output of the communication channel selection model (paragraph [0005], discloses selecting a channel from a plurlity of different channels for sending the message based on the more properties of communications on the channels and paragraph [0017], discloses the channel manager 114 is responsible for selecting communication channels to use and for facilitating communication between customer and users ). Shirazi failed to teach the corresponding channel manager 114 comprises a plurality of scores for respective communication channels, wherein each score of the plurality of scores reflects a probability of the specified user engaging via a respective communication channel.
However, Tseng teaches comprises a plurality of scores for respective communication channels, wherein each score of the plurality of scores reflects a probability of the specified user engaging via a respective communication channel (paragraph [0028], discloses assign default scores for communication channels in the presentation sequence, with the communication channel on the top of the sequence having the highest score ( e.g., 1.0 for chat, 0.8 for call, etc.)). Therefore, it would have been obvious to the one ordinary skill in the art before effective filing date of the claimed invention for channel manager 114 is responsible for selecting communication channels of Shirazi wit assigning scores for communication channels in the presentation sequence of Tseng in order to select top-ranked communication (see Tseng, paragraph [0031]).
With respect to claim 12, Shirazi in view of Tseng teaches elements of claim 9, furthermore, Shirazi teaches the system wherein the communication strategy further specifies a preferred time of communications of the specified user(paragraph [0024], dislcies the cannel manager 114 selects a communication channel for transmitting the message based on one or more property.., TABLE 1, “reachability of Recipient” [preferred time]).
With respect to claim 14, Shirazi in view of Tseng teaches elements of claim 9, furthermore, Shirazi teaches the system wherein the one or more predefined action types comprise an indication of a user selecting a link in a previously received communication(paragraph [0037], discloses the user can access the message from a user interface of the OTT2 application running on the client device.., and paragraph [0038], discloses the cannel adapter 116 forward the delivery receipt [an indirection of the user selecting a link] to the channel manager ).
With respect to claim 16, Shirazi teaches a non-transitory computer-readable storage medium comprising executable instructions whin when executed by one or more processor to perform operation (paragraph [0047], discloses a programmable processor, and paragraph [0049], discloses one or more programable processor executing one or mor more computer programs to perform action by operation on input data and paragraph [0050], discloses a computer processor for performing action in accordance with instructions and one or more memory device for storing instructions ) comprising:
receiving, a request to send a message to a specified user of a plurality of users of a communication services platform(paragraph [0019], discloses the customer 140 computer system send a request for transmitting a message to the server system);
determining, based on the preferred communication channel, a communication strategy for the specified user (paragraph [0025], discloses the channel manager 114 can determine one or mor of the properties in TABLE 1 by observing how a given channel behaves over time for a give user or multiple users [communication strategies] and paragraph [0026], discloses select communication channel based on the ender’s identify .., paragraph [0027], dislcies the channel manager select a communication channel based on evaluation ) ; and
causing, pursuant to the communication strategy, a message to be sent to the specified user (paragraph [0008], dislcies the system enables a sender to communicate through one of many possible commucation channel via a single application program interface (API) and paragraph [0029] discloses provide the selected channel to the channel manager 114 that manages transmitting the message through the selected channel).
Shirazi teaches the above elements including providing user to a communication channel selection model, wherein the user profile characterizes actions of one or more predefined action types that were performed by the specified user in response to receiving previous communications(paragraph [0003], discloses various communication channels such as phone calls, emails, SMS message or OTT message , paragraph [0007], discloses the OTT user identifier can be an account name of the OTT channel , user identifier can be a phone number , sending the message to the OTT user identifier .., and paragraph [0023], discloses the server system 122 receive the request to send the message from the costumer 140 and optionally authentication the request channel specified by the sender identification or the server system 122 can select a scheme: channel (using the channel manager 114) to send the message on. The authentication module 112 is a software component that validates that the request was submitted by an authorized user of the server system 122) and identifying, based on the output of the communication channel selection model, a preferred communication channel for communicating with the specified user (paragraph [0024], discloses the channel manager 114 is a software component that select a communication channel for transmitting the message based on or more properties.., see Table 1, user preference [preferred communication channel] , an indication of whether the recipient favors the channel for commucation …), Shirazi failed the corresponding provided user identifier can be a phone number , sending the message to the OTT user identifier includes a user profile of the specified by user and wherein the output of the communication channel selection model comprises a respective engagement probability score for each of a plurality candidate communication channel ;
However, Tseng teaches user profile of the specified by user(paragraph [0012], discloses the user profile may include in information provided by the user and information gathered by various system) and wherein the output of the communication channel selection model comprises a respective engagement probability score for each of a plurality candidate communication channel (paragraph [0005], dislcies ranking commucation channels, paragraph [0020], dislcies ranking communications channels, paragraph [0022], discloses the channel listing process only returns a top-ranked channel to a requesting user ..).. Therefore, it would have been obvious to the one ordinary skill in the art before the effective filing date of the claimed invention for authentication the request channel specified by the sender identification or the server system of Shirazi by including a profile information of Tseng in order to target user based on the user profile.
With respect to claim 17, Shirazi in view of Tseng teaches elements of claim 16, furthermore, Shirazi teaches the non-transitory computer-readable storage medium wherein the preferred communication channel is one of: an electronic mail, a short messaging service (SMS), a phone communication channel, or a proprietary instant messaging communication channel(paragraph [0026] discloses SMS message).
With respect to claim 18, Shirazi in view of Tseng teaches elements of claim 16, furthermore, Shirazi teaches the non-transitory computer-readable storage medium wherein the output of the communication channel selection model (paragraph [0005], discloses selecting a channel from a plurlity of different channels for sending the message based on the more properties of communications on the channels and paragraph [0017], discloses the channel manager 114 is responsible for selecting communication channels to use and for facilitating communication between customer and users ). Shirazi failed to teach the corresponding channel manager 114 comprises a plurality of scores for respective communication channels, wherein each score of the plurality of scores reflects a probability of the specified user engaging via a respective communication channel.
However, Tseng teaches comprises a plurality of scores for respective communication channels, wherein each score of the plurality of scores reflects a probability of the specified user engaging via a respective communication channel (paragraph [0028], discloses assign default scores for communication channels in the presentation sequence, with the communication channel on the top of the sequence having the highest score ( e.g., 1.0 for chat, 0.8 for call, etc.)). Therefore, it would have been obvious to the one ordinary skill in the art before effective filing date of the claimed invention for channel manager 114 is responsible for selecting communication channels of Shirazi wit assigning scores for communication channels in the presentation sequence of Tseng in order to select top-ranked communication (see Tseng, paragraph [0031]).
Claim(s)s 4, 6, 8, 13, 15 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shirazi et al (US Pub., No., 2016/0286526 A1) in view Tseng (US Pub., No., 2012/0089698 A1) and futher view of Capel et al (US Pub., 2015/0294349 A1)
With respect to claim 4, Shirazi in view of Tseng teaches elements of claim 1, furthermore, Shirazi teaches the machine learing algorithm can be association rule learning algorithms such as Apriori algorithm and FB (frequency pattern) growth algorithm or supervise learning such as decision trees, support vector, machine or Kernal estimation (paragraph [0030]) and Tseng teaches a user activities on the social networking system, such as frequency of accessing particular information on the system (paragraph [0013]) and the channel-listing process can assign an affiliation coefficient of 1.0 if the target user is the requesting user's parent, or an affiliation coefficient of 0.9 if the target user frequently communicates with the requesting user(paragraph [0022]). Shirazi failed to teach the corresponding frequency pattern and Tseng failed to teaches the corresponding user frequently commucation incudes the communication strategy further specifies a preferred frequency of communications of the specified user.
However, Capel teaches wherein the communication strategy further specifies a preferred frequency of communications of the specified user(paragraph [0055], discloses a frequency for receiving email (weekly, monthly, annually, etc.,) or option for enabling customers to opt in and out of list). Therefore, it would have been obvious to the one ordinary skill in the art before the effective filing date of the claimed invention frequency pattern of Shirazi and target user frequently communicates with the requesting user of Tseng with defining a frequency of receiving email of Capel in order to increase user engagement (see Capel, paragraph [0077]).
With respect to claim 6, Shirazi in view of Tseng teaches elements of claim 1, furthermore, Shirazi teaches the method the cannel manager 114 selects a communication channel for transmitting the message based on one or more property.., TABLE 1, “reachability of Recipient” message will be viewed by the user on the channel (paragraph [0024]) and Tseng teaches Bob wishes to connect to Sam to view Sam’s posted content item (paragraph [0012]) . Shirazi failed to teach the corresponding reachability of recipient message and Tseng failed to teach the corresponding posted content item comprises an indication of a previously received communication having been read by a user.
However, Capel teaches wherein the one or more predefined action types comprise an indication of a previously received communication having been read by a user(paragraph [0051], discloses tracking objects are effective for recipients who are reading email with image turned on, tracking object may be included in email templet and mailing campaign and allow users to gather information about recipient). Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention for transmitting the message based on one or more property.., i.e., “reachability of Recipient” of Shirazi and posted content item of Tseng with tracking object of Capel in order to gather information
With respect to claim 8, Shirazi in view of Tseng teaches elements of claim 1, furthermore, Shirazi teaches the method the selected channel can be a social network and wherein the channel-specific user identifier can be a user account name on the social network(paragraph [0005]) and the OTT user identifier can be an account name on the OTT channel. The OTT user identifier can be a phone number. Sending the message to the OTT user identifier on the OTT channel can comprise formatting the message to comply with the second protocol(paragraph [0007]) and data generated at the client device (e.g., a result of the user interaction) can be received from the client device at server (paragraph [0053]) and Tseng teaches a member of the social network (paragraph [0014]). Shirazi failed to teach the corrosinding account comprises and Tseng failed to teach the corresponding member wherein the one or more predefined action types comprise an indication of a user unsubscribing in response to a previously received communication.
However, Capel teaches wherein the one or more predefined action types comprise an indication of a user unsubscribing in response to a previously received communication(paragraph [0065], discloses user can subscribe and unsubscribed emails to list using an email API and paragraph [0097], dislcies often include an unsubscribe option such as formatted as a hyperlink , in an email campaign sent to customer). Therefore, it would have been obvious to the one ordinary skill in the art before the effective filing date of the claimed invention for ser identifier can be an account name of Shirazi and member of a social networking of Tseng providing with option to unsubscribe and subscribe of Capel in order enable a customer to sign up for subscription service or unsubscribe option formatted as hyperlink in an email(see, Capel, paragraphs [0049] and [0097]).
With respect to claim 13, Shirazi in view of Tseng teaches elements of claim 9, furthermore, Shirazi teaches the system the cannel manager 114 selects a communication channel for transmitting the message based on one or more property.., TABLE 1, “reachability of Recipient” message will be viewed by the user on the channel (paragraph [0024]) and Tseng teaches Bob wishes to connect to Sam to view Sam’s posted content item (paragraph [0012]) . Shirazi failed to teach the corresponding reachability of recipient message and Tseng failed to teach the corresponding posted content item comprises an indication of a previously received communication having been read by a user.
However, Capel teaches wherein the one or more predefined action types comprise an indication of a previously received communication having been read by a user(paragraph [0051], discloses tracking objects are effective for recipients who are reading email with image turned on, tracking object may be included in email templet and mailing campaign and allow users to gather information about recipient). Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention for transmitting the message based on one or more property.., i.e., “reachability of Recipient” of Shirazi and posted content item of Tseng with tracking object of Capel in order to gather information about recipient (see Capel, paragraph [0051])
With respect to claim 15, Shirazi in view of Tseng teaches elements of claim 9, furthermore, Shirazi teaches the system the selected channel can be a social network and wherein the channel-specific user identifier can be a user account name on the social network(paragraph [0005]) and the OTT user identifier can be an account name on the OTT channel. The OTT user identifier can be a phone number. Sending the message to the OTT user identifier on the OTT channel can comprise formatting the message to comply with the second protocol(paragraph [0007]) and data generated at the client device (e.g., a result of the user interaction) can be received from the client device at server (paragraph [0053]) and Tseng teaches a member of the social network (paragraph [0014]). Shirazi failed to teach the corrosinding account comprises and Tseng failed to teach the corresponding member wherein the one or more predefined action types comprise an indication of a user unsubscribing in response to a previously received communication.
However, Capel teaches wherein the one or more predefined action types comprise an indication of a user unsubscribing in response to a previously received communication(paragraph [0065], discloses user can subscribe and unsubscribed emails to list using an email API and paragraph [0097], dislcies often include an unsubscribe option such as formatted as a hyperlink , in an email campaign sent to customer). Therefore, it would have been obvious to the one ordinary skill in the art before the effective filing date of the claimed invention for ser identifier can be an account name of Shirazi and member of a social networking of Tseng providing with option to unsubscribe and subscribe of Capel in order enable a customer to sign up for subscription service or unsubscribe option formatted as hyperlink in an email(see, Capel, paragraphs [0049] and [0097]).
With respect to claim 19 , Shirazi in view of Tseng teaches elements of claim 16, furthermore, Shirazi teaches the machine learing algorithm can be association rule learning algorithms such as Apriori algorithm and FB (frequency pattern) growth algorithm or supervise learning such as decision trees, support vector, machine or Kernal estimation (paragraph [0030]) and Tseng teaches a user activities on the social networking system, such as frequency of accessing particular information on the system (paragraph [0013]) and the channel-listing process can assign an affiliation coefficient of 1.0 if the target user is the requesting user's parent, or an affiliation coefficient of 0.9 if the target user frequently communicates with the requesting user(paragraph [0022]). Shirazi failed to teach the corresponding frequency pattern and Tseng failed to teaches the corresponding user frequently commucation incudes the communication strategy further specifies a preferred frequency of communications of the specified user.
However, Capel teaches wherein the communication strategy further specifies a preferred frequency of communications of the specified user(paragraph [0055], discloses a frequency for receiving email (weekly, monthly, annually, etc.,) or option for enabling customers to opt in and out of list). Therefore, it would have been obvious to the one ordinary skill in the art before the effective filing date of the claimed invention frequency pattern of Shirazi and target user frequently communicates with the requesting user of Tseng with defining a frequency of receiving email of Capel in order to increase user engagement (see Capel, paragraph [0077]).
With respect to claim 20 , Shirazi in view of Tseng teaches elements of claim 16, furthermore, Shirazi teaches the non-transitory computer readable medium wherein the one or more predefined action types comprise an indication of a user selecting a link in a previously received communication(paragraph [0037], discloses the user can access the message from a user interface of the OTT2 application running on the client device.., and paragraph [0038], discloses the cannel adapter 116 forward the delivery receipt [an indirection of the user selecting a link] to the channel manager ), Shirazi further teaches the selected channel can be a social network and wherein the channel-specific user identifier can be a user account name on the social network(paragraph [0005]) and the OTT user identifier can be an account name on the OTT channel. The OTT user identifier can be a phone number. Sending the message to the OTT user identifier on the OTT channel can comprise formatting the message to comply with the second protocol(paragraph [0007]) system the cannel manager 114 selects a communication channel for transmitting the message based on one or more property.., TABLE 1, “reachability of Recipient” message will be viewed by the user on the channel (paragraph [0024]) and data generated at the client device (e.g., a result of the user interaction) can be received from the client device at server (paragraph [0053]) and Tseng teaches Bob wishes to connect to Sam to view Sam’s posted content item (paragraph [0012]) and a member of the social network (paragraph [0014]). Shirazi failed to teach the corresponding reachability of recipient message and Tseng failed to teach the corresponding posted content item comprises an indication of a previously received communication having been read by a user and Shirazi also failed to teach the corrosinding account comprises and Tseng failed to teach the corresponding member wherein the one or more predefined action types comprise an indication of a user unsubscribing in response to a previously received communication.
However, Capel teaches wherein the one or more predefined action types comprise an indication of a previously received communication having been read by a user(paragraph [0051], discloses tracking objects are effective for recipients who are reading email with image turned on, tracking object may be included in email templet and mailing campaign and allow users to gather information about recipient) and wherein the one or more predefined action types comprise an indication of a user unsubscribing in response to a previously received communication(paragraph [0065], discloses user can subscribe and unsubscribed emails to list using an email API and paragraph [0097], dislcies often include an unsubscribe option such as formatted as a hyperlink , in an email campaign sent to customer).. Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention for transmitting the message based on one or more property.., i.e., “reachability of Recipient” and identifier can be an account name and member of a social networking of Shirazi and posted content item of Tseng with tracking object of Capel in order to gather information about recipient and enable a customer to sign up for subscription service or unsubscribe option formatted as hyperlink in an email (see Capel, paragraphs [0049, [0051] and [0097])
Prior arts:
Shirazi et al (US Pub., No., 2016/0286526 A1) discloses methods, systems, and apparatus, including computer programs encoded on a computer storage medium, for receiving from a first system information comprising a message and an identifier of a user, selecting a channel from a plurality of different third-party communication channels for sending the message based on one or more properties of communications on the channel, determining a channel-specific user identifier for the selected channel based on the identifier of the user, creating a channel-specific message formatted for the selected channel based on the message, and sending the message to the user on the selected channel using the channel-specific user identifier.
Tseng (US Pub., No., 2012/0089698 A1) discloses in one embodiment, a user of a social networking system requests to look up a contact's communication channel information in the user's address book. The social networking system provides to the user the contact's communication channels in an ordered sequence based on the user's social graph and communication information.
Capel et al (US Pub., 2015/0294349 A1) discloses systems and methods provide targeted communications for each of a plurality of respective recipients. A database includes user information, customer information, template information, content feed information and advertising information. A template instruction is processed to select a template for generating the targeted communication, which is customized with at least some of the content feed.
Response to Arguments
Applicant's arguments of 35 U.S.C 101 rejections with respect to claims 1-20 filed 1 December 2025 have been fully considered but they are not persuasive. Applicants’ arguments of claims 1, 9 and 16 as amended are directed to patent eligible subject matter is not persuasive.
The claims describe a process for analyzing user behavior and selecting a communication channel based on probability scores—a concept that closely resembles traditional marketing analysis or “methods of organizing human activity,” which are considered abstract ideas. Further , selecting a communication channel based on past actions is a mental process that a human could hypothetically perform (e.g., a marketing manager deciding to email rather than text a user based on past behavior) falls into Mental Process. The method focuses on interacting with a user and organizing communication channels falls into Method of Organizing Human Activity.
Furthermore, Applying Machine Learning to New Contexts: Recently, the Federal Circuit held that applying generic machine learning techniques to new data environments (like channel selection) is not patent-eligible if the AI itself is not improved. The additional limitation of a processor, application programming interface (API), and a communication services platform are considered generic computer components that do not transform an abstract idea into patent-eligible invention.
Thus, the 35 U.S.C 101 rejections with respect to claim 1-20 is maintained.
Applicant's arguments of 35 U.S.C 103 rejections with respect to claims 1-20 filed 1 December 2025 have been fully considered but they are not persuasive. Applicants’ arguments of the proposed combination of cited reference fall to teach or suggest bolded calm features is not persuasive.
While Shirazi teaches identifying, based on the output of the communication channel selection model, a preferred communication channel for communicating with the specified user (paragraph [0024], discloses the channel manager 114 is a software component that select a communication channel for transmitting the message based on or more properties.., see Table 1, user preference [preferred communication channel] , an indication of whether the recipient favors the channel for commucation …), Tseng teaches user profile of the specified by user(paragraph [0012], discloses the user profile may include in information provided by the user and information gathered by various system) and wherein the output of the communication channel selection model comprises a respective engagement probability score for each of a plurality candidate communication channel (paragraph [0005], discloses ranking commucation channels, paragraph [0020], dislcies ranking communications channels, paragraph [0022], discloses the channel listing process only returns a top-ranked channel to a requesting user ..)..
Thus, the combination of Shirazi and Tseng address the claimed limitation.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/SABA DAGNEW/Primary Examiner, Art Unit 3621
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