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 amendment filed on 30 December 2025. Claims 1, 8 and 15 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 1-7 are a method , claims 8-14 are a system and claims 15-20 are a 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 re 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, 8 and 15) recite receiving, a request to send a message to a specified user of a plurality of users; providing a user profile of the specified user to a send time optimization 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 send time optimization model, a preferred time range for communicating with the specified user; and causing, within the preferred time range, a message to be sent to the specified user. The identifying step as drafted, is a process that, under its broadest reasonable interpretation covers observations, evaluations, judgments, and opinions. Simply put, these limitation merely describe sending message in response received request at a particular send time. These limitation fall withing a mental process. Claims 2-7, 9-14 and 16-20 merely provide additional abstract concepts and narrow the abstract idea of claims 1, 8 and 15. Further, claims 1-20 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 send message at a requested time. That is, other than reciting “by a one or more processors,” nothing in the claim element precludes the step from practically being performed in the mind. For example, but for the “by a one or more processors” language, the claim encompasses the user manually calculating the preferred time to send the requested message to specified user. The mere nominal recitation of a generic processor does not take the claim limitation out of the mental processes grouping. Thus, the claims recite a mental process.
Step 2A-Prong 2: The only additional elements in independent claim 1 is some form of
computerized system, which is also recited in independent claims 8 and 15 These computerized systems 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).
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
computer systems 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 the message to be sent to the specified user ” is not particular tool, thus it offers no more than presenting anything that includes the content that resulted from identified sent time in response to the request.
In sum, the combination of steps that stores data, receives request, and presents message 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.
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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Arquette et al (US Pub., No., 20150074215 A1) in view of Zhang et al (US Pub., 2021/0126885 A1)
With respect to claim 1, Arquette teaches a method comprising:
receiving, by one or more processors and via an application programming interface (API) of a commucation services platform, a request to send a message to a specified user of a plurality of users of a communication services platform(paragraph [0020], discloses the user device 110 may interact with the social networking system through an application programming interface (API), paragraph [0027], discloses the user may join the social networking system and then add connection to any member of the suer of the social networking system to whom they desired to be connected, paragraph [0028], dislcies connection mab be added explicitly by a user or may be automatically created by the social networking .., paragraph [0040], discloses receive API request server allows one mor more external system 120 and user device 110 top call access…, paragraph [0041], discloses the action logger 146 is capable of receiving communication form the web server about user action on and/or off social networking .. [request to send message]) );
providing a user profile of the specified user to a send time optimization 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 [0006], discloses information about the suer may be collected by the social networking system , paragraph [0007], discloses the information about the user includes demographic related to the user, and behavior of the user’s friend, paragraph [0040], disclose collect user data associated, paragraph [0071], discloses collecting and compiling activity and demographic relating to a user, the user profile module can create a suer profile that estimates or approximates the preference of the user.., and paragraph [0072], discloses the user modeling model may use the information collected by the user profile model , (e.g., the user profile ) to create a model of a user .., to predict the behavior of the user );
causing, within the preferred time range, a message to be sent to the specified user.(paragraph [0059], discloses if the time since the last engagement and/or the time since the last email is more than n one or more predetermined time interval, the email engine 202 cause the message to be provided to the user .., email engine will cause the message to be proved to the suer at the optimized time retrieved from the user modeling module).
Arquette teaches the above element including compute score representing the likely each of the candidate message will cause the desire action by the user .., schedule a message in batch based on a day of the week and time interval during the message to be sent (Fig. 6), a particular time, e.g., a particular time of day and/or a particular day of the wen, then message sent to the user at a specified time (paragraph [0049]), the user modeling module with one or more predetermined time interval to determine whether to provide a message to the user , in particular the email engine may retrieve from the login log the date and time of the last he email engine 202 cause the message to be provided to the user (paragraph [0059]). Arquette failed to explicitly teach identifying, based on the output of the send time optimization model, a preferred time range for communicating with the specified user, wherein the output of the send time optimization model comprises one or more-time ranges each comprising a respective begin time and a respective end time.
However, Zhang teaches identifying, based on the output of the send time optimization model, a preferred time range for communicating with the specified user wherein the output of the send time optimization model comprises one or more-time ranges each comprising a respective begin time and a respective end time (Fig. 5, 410, paragraph [0009], discloses a machine learing (ML) approach is used to predict the best send time to send individual message.., the time between send time and open time [one or more-time range ], paragraph [0060], dislcies CP-initiated message may be sent to identified subscribers at specified times/dates. As example, CP-initiated messages may be included periodic (e.g., weekly. Monthly, etc.) newsletters.., , paragraph [0065], discloses the send time data may indicate a time and/or date when the message should be sent the individual recipient or when the message should arrive at the recipient device and paragraphs [0094]-[0095] discloses determining future message send time for each of the subscriber.., which may handle scheduling, generating and sending the message to the respective subscriber using the generated STO Ml model, schedule messages to be sent to each subscriber at the determined futher time ..). Therefore, it would have been obvious to the one ordinary skill in the art before the effective filing date of the claimed invention for user modeling module with one or more predetermined time interval to determine whether to provide a message to the user of Arquette with determining future message send time for each of the subscriber using the generated STO Ml model, of Zhang in order to improve the message engagement (see, Zhang, abstract).
With respect to claim 2 Arquette in view Zhang teaches elements of claim 1, furthermore, Arquette teaches the method further comprising: determining a preferred frequency of communications of the specified user(paragraph [0064], discloses the period of time may be based upon a desired period or frequency of activity ).
With respect to claim 3 Arquette in view Zhang teaches elements of claim 1, including posting text and content items of var type of media through various commucation channels (paragraph [0032]) . Arquette failed to teach the corresponding commucation channels is identified as a preferred communication channel of the specified user.
However, Zhang teaches identifying a preferred communication channel of the specified user(paragraph [0081], discloses subscriber have different preference in terms of how and when the read the message, including preferred message type( e.g., SMS, MMS, OTT, social media post) . Therefore, it would have been obvious to the one ordinary skill in the art before the effective filing date of the claimed invention for user modeling module with one or more predetermined time interval to determine whether to provide a message to the user of Arquette with a preferred message type of Zhang in order to improve the message engagement (see, Zhang, abstract).
With respect to claim 4 Arquette in view Zhang teaches elements of claim 1, furthermore, Arquette teaches the method wherein the one or more predefined action types comprise an indication of a previously received communication having been read by a user(paragraph [0062], discloses the behavior monitored…, read articles..).
With respect to claim 5 Arquette in view Zhang teaches elements of claim 1, furthermore, Arquette 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 [0051], discloses the desire response may include any action or action or actions, such as clicking on a link in the message..).
With respect to claim 6 Arquette in view Zhang teaches elements of claim 1, including user account (paragraph [0033]) and the user account store 136 maintain information about user account .., that the user uniquely identified…, and the connection information may indicate user who have similar common work experience , group membership (paragraph [0034]). Arquette failed to explicitly teach wherein the one or more predefined action types comprise an indication of a user unsubscribing in response to a previously received communication.
However, Zhang teaches wherein the one or more predefined action types comprise an indication of a user unsubscribing in response to a previously received communication(paragraph [0063], discloses unsubscribe message is received in response to message send). Therefore, it would have been obvious to the one ordinary skill in the art before the effective filing date of the claimed invention for user modeling module user account that uniquely identify the suer of Arquette with automatic response/replies to recipient message of Zhang in order to send unsubscribe request in response to the message (see, Zhang, paragraph [0063]).
With respect to claim 7 Arquette in view Zhang teaches elements of claim 1, furthermore, Arquette teaches the method wherein the message is one of: an electronic mail message, a short messaging service (SMS) message, a phone message, or a proprietary instant messaging platform message(paragraph [0039], discloses the messages can be instant messages queued message .., and SMS messages ).
With respect to claim 8, Arquette teaches a system comprising:
memory(Fig. 7, 714, discloses memory); and
one or more processors, coupled to the memory, the one or more processors configured to perfume operations (Fig. 7, 702, discloses processor and paragraph [0096], discloses the computer system includes a processor, a cache memory and one or more executable models..) comprising:
receiving, a request to send a message to a specified user of a plurality of users of a communication services platform(paragraph [0027], discloses the user may join the social networking system and then add connection to any member of the suer of the social networking system to whom they desired to be connected, paragraph [0028], dislcies connection mab be added explicitly by a user or may be automatically created by the social networking .., paragraph [0040], dislcies the API request server allows one mor more external system 120 and user device 110 top call access…, paragraph [0041], discloses the action logger 146 is capable of receiving communication form the web server about user action on and/or off social networking .. [request to send message]) );
providing a user profile of the specified user to a send time optimization 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 [0006], discloses information about the suer may be collected by the social networking system , paragraph [0007], discloses the information about the user includes demographic related to the user, and behavior of the user’s friend, paragraph [0040], disclose collect user data associated, paragraph [0071], discloses collecting and compiling activity and demographic relating to a user, the user profile module can create a suer profile that estimates or approximates the preference of the user.., and paragraph [0072], discloses the user modeling model may use the information collected by the user profile model , (e.g., the user profile ) to create a model of a user .., to predict the behavior of the user );
causing, within the preferred time range, a message to be sent to the specified user.(paragraph [0059], discloses if the time since the last engagement and/or the time since the last email is more than n one or more predetermined time interval, the email engine 202 cause the message to be provided to the user .., email engine will cause the message to be proved to the suer at the optimized time retrieved from the user modeling module).
Arquette teaches the above element including compute score representing the likely each of the candidate message will cause the desire action by the user .., schedule a message in batch based on a day of the week and time interval during the message to be sent (Fig. 6), the user modeling module with one or more predetermined time interval to determine whether to provide a message to the user , in particular the email engine may retrieve from the login log the date and time of the last he email engine 202 cause the message to be provided to the user (paragraph [0059]). Arquette failed to explicitly teach the corresponding user modeling module to identifying, based on the output of the send time optimization model, a preferred time range for communicating with the specified user wherein the output of the send time optimization model comprises one or more-time ranges each comprising a respective begin time and a respective end time.
However, Zhang teaches identifying, based on the output of the send time optimization model, a preferred time range for communicating with the specified user wherein the output of the send time optimization model comprises one or more-time ranges each comprising a respective begin time and a respective end time (Fig. 5, 410, paragraph [0009], discloses a machine learing (ML) approach is used to predict the best send time to send individual message.., the time between send time and open time [one or more-time range ], paragraph [0060], discloses CP-initiated message may be sent to identified subscribers at specified times/dates. As example, CP-initiated messages may be included periodic (e.g., weekly. Monthly, etc.) newsletters.., , paragraph [0065], discloses the send time data may indicate a time and/or date when the message should be sent the individual recipient or when the message should arrive at the recipient device and paragraphs [0094]-[0095] discloses determining future message send time for each of the subscriber.., which may handle scheduling, generating and sending the message to the respective subscriber using the generated STO Ml model, schedule messages to be sent to each subscriber at the determined futher time ..). Therefore, it would have been obvious to the one ordinary skill in the art before the effective filing date of the claimed invention for user modeling module with one or more predetermined time interval to determine whether to provide a message to the user of Arquette with determining future message send time for each of the subscriber using the generated STO Ml model, of Zhang in order to improve the message engagement (see, Zhang, abstract).
With respect to claim 9 Arquette in view Zhang teaches elements of claim 8, furthermore, Arquette teaches the system further comprising: determining a preferred frequency of communications of the specified user(paragraph [0064], discloses the period of time may be based upon a desired period or frequency of activity ).
With respect to claim 10 Arquette in view Zhang teaches elements of claim 8, including posting text and content items of various type of media through various commucation channels (paragraph [0032]) . Arquette failed to teach the corresponding commucation channels is identified as a preferred communication channel of the specified user.
However, Zhang teaches identifying a preferred communication channel of the specified user(paragraph [0081], discloses subscriber have different preference in terms of how and when the read the message, including preferred message type( e.g., SMS, MMS, OTT, social media post) . Therefore, it would have been obvious to the one ordinary skill in the art before the effective filing date of the claimed invention for user modeling module with one or more predetermined time interval to determine whether to provide a message to the user of Arquette with a preferred message type of Zhang in order to improve the message engagement (see, Zhang, abstract).
With respect to claim 11 Arquette in view Zhang teaches elements of claim 8, furthermore, Arquette teaches the system wherein the one or more predefined action types comprise an indication of a previously received communication having been read by a user(paragraph [0062], discloses the behavior monitored…, read articles..).
With respect to claim 12 Arquette in view Zhang teaches elements of claim 8, furthermore, Arquette 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 [0051], discloses the desire response may include any action or action or actions, such as clicking on a link in the message..).
With respect to claim 13 Arquette in view Zhang teaches elements of claim 8, including user account (paragraph [0033]) and the user account store 136 maintain information about user account .., that the user uniquely identified…, and the connection information may indicate user who have similar common work experience , group membership (paragraph [0034]). Arquette failed to explicitly teach wherein the one or more predefined action types comprise an indication of a user unsubscribing in response to a previously received communication.
However, Zhang teaches wherein the one or more predefined action types comprise an indication of a user unsubscribing in response to a previously received communication(paragraph [0063], discloses unsubscribe message is received in response to message send). Therefore, it would have been obvious to the one ordinary skill in the art before the effective filing date of the claimed invention for user modeling module user account that uniquely identify the suer of Arquette with automatic response/replies to recipient message of Zhang in order to send unsubscribe request in response to the message (see, Zhang, paragraph [0063]).
With respect to claim 14 Arquette in view Zhang teaches elements of claim 8 , furthermore, Arquette teaches the system wherein the message is one of: an electronic mail message, a short messaging service (SMS) message, a phone message, or a proprietary instant messaging platform message(paragraph [0039], discloses the messages can be instant messages queued message .., and SMS messages ).
With respect to claim 15, Arquette teaches a non-transitory computer readable storage medium comprising executable instruction which, when executed by one or more processor, cause the one or more process to perform operation (paragraph [0101], dislcies a computer readable medium..) comprising:
receiving, a request to send a message to a specified user of a plurality of users of a communication services platform(paragraph [0027], discloses the user may join the social networking system and then add connection to any member of the suer of the social networking system to whom they desired to be connected, paragraph [0028], dislcies connection mab be added explicitly by a user or may be automatically created by the social networking .., paragraph [0040], dislcies the API request server allows one mor more external system 120 and user device 110 top call access…, paragraph [0041], discloses the action logger 146 is capable of receiving communication form the web server about user action on and/or off social networking .. [request to send message]) );
providing a user profile of the specified user to a send time optimization 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 [0006], discloses information about the suer may be collected by the social networking system , paragraph [0007], discloses the information about the user includes demographic related to the user, and behavior of the user’s friend, paragraph [0040], disclose collect user data associated, paragraph [0071], discloses collecting and compiling activity and demographic relating to a user, the user profile module can create a suer profile that estimates or approximates the preference of the user.., and paragraph [0072], discloses the user modeling model may use the information collected by the user profile model , (e.g., the user profile ) to create a model of a user .., to predict the behavior of the user );
causing, within the preferred time range, a message to be sent to the specified user.(paragraph [0059], discloses if the time since the last engagement and/or the time since the last email is more than n one or more predetermined time interval, the email engine 202 cause the message to be provided to the user .., email engine will cause the message to be proved to the suer at the optimized time retrieved from the user modeling module).
Arquette teaches the above element including compute score representing the likely each of the candidate message will cause the desire action by the user .., schedule a message in batch based on a day of the week and time interval during the message to be sent (Fig. 6), the user modeling module with one or more predetermined time interval to determine whether to provide a message to the user , in particular the email engine may retrieve from the login log the date and time of the last he email engine 202 cause the message to be provided to the user (paragraph [0059]). Arquette failed to explicitly teach the corresponding user modeling module to identifying, based on the output of the send time optimization model, a preferred time range for communicating with the specified user wherein the output of the send time optimization model comprises one or more-time ranges each comprising a respective begin time and a respective end time.
However, Zhang teaches identifying, based on the output of the send time optimization model, a preferred time range for communicating with the specified user wherein the output of the send time optimization model comprises one or more-time ranges each comprising a respective begin time and a respective end time (Fig. 5, 410, paragraph [0009], discloses a machine learing (ML) approach is used to predict the best send time to send individual message.., the time between send time and open time [one or more-time range ], paragraph [0060], dislcies CP-initiated message may be sent to identified subscribers at specified times/dates. As example, CP-initiated messages may be included periodic (e.g., weekly. Monthly, etc.) newsletters.., , paragraph [0065], discloses the send time data may indicate a time and/or date when the message should be sent the individual recipient or when the message should arrive at the recipient device and paragraphs [0094]-[0095] discloses determining future message send time for each of the subscriber.., which may handle scheduling, generating and sending the message to the respective subscriber using the generated STO Ml model, schedule messages to be sent to each subscriber at the determined futher time ..). Therefore, it would have been obvious to the one ordinary skill in the art before the effective filing date of the claimed invention for user modeling module with one or more predetermined time interval to determine whether to provide a message to the user of Arquette with determining future message send time for each of the subscriber using the generated STO Ml model, of Zhang in order to improve the message engagement (see, Zhang, abstract).
With respect to claim 16 Arquette in view Zhang teaches elements of claim 15, furthermore, Arquette teaches the non-transitory computer readable storage medium further comprising: determining a preferred frequency of communications of the specified user(paragraph [0064], discloses the period of time may be based upon a desired period or frequency of activity ).
With respect to claim 17 Arquette in view Zhang teaches elements of claim 15, including posting text and content items of var type of media through various commucation channels (paragraph [0032]) . Arquette failed to teach the corresponding commucation channels is identified as a preferred communication channel of the specified user.
However, Zhang teaches identifying a preferred communication channel of the specified user(paragraph [0081], discloses subscriber have different preference in terms of how and when the read the message, including preferred message type( e.g., SMS, MMS, OTT, social media post) . Therefore, it would have been obvious to the one ordinary skill in the art before the effective filing date of the claimed invention for user modeling module with one or more predetermined time interval to determine whether to provide a message to the user of Arquette with a preferred message type of Zhang in order to improve the message engagement (see, Zhang, abstract).
With respect to claim 18 Arquette in view Zhang teaches elements of claim 15, furthermore, Arquette teaches the non-transitory computer readable storage medium wherein the one or more predefined action types comprise an indication of a previously received communication having been read by a user(paragraph [0062], discloses the behavior monitored…, read articles..).
With respect to claim 19 Arquette in view Zhang teaches elements of claim 15, furthermore, Arquette teaches the non-transitory computer readable storage medium wherein the one or more predefined action types comprise an indication of a user selecting a link in a previously received communication(paragraph [0051], discloses the desire response may include any action or action or actions, such as clicking on a link in the message..).
With respect to claim 20 Arquette in view Zhang teaches elements of claim 15, furthermore, Arquette teaches the method wherein the message is one of: an electronic mail message, a short messaging service (SMS) message, a phone message, or a proprietary instant messaging platform message(paragraph [0039], discloses the messages can be instant messages queued message .., and SMS messages ).
Prior arts:
Arquette et al (US Pub., No., 20150074215 A1) discloses techniques to optimize messages sent to a user of a social networking system. In one embodiment, information about the user may be collected by the social networking system. The information may be applied to train a model for determining likelihood of a desired action by the user in response to candidate messages that may be provided for the user.
Zhang et al (US Pub., 2021/0126885 A1) discloses embodiments are related to send time optimization technologies for sending messages to users. The send time optimization technologies provide personalized recommendations for sending messages to individual subscribers taking into account the delay and/or lag between the send time and the time when a subscriber engages with a sent message. A machine learning (ML) approach is used to predict the optimal send time to send messages to individual subscribers for improving message engagement.
Diehl et al (US Pub., No., 2021/0065034 A1) disclosed are systems and methods for determining the best time to send an electronic communication from a sender to a recipient. In one aspect, a method is disclosed that includes selecting a time window from a series of candidate time windows based on a corresponding first value for each candidate time window, wherein each first value is representative of a likelihood of receiving an event notification within a specified first delay after the candidate time window.
Response to Arguments
Applicant's arguments filed 35 U.S.C 101 rejections with respect to claim 1-20 filed on 30 December 2025 have been fully considered but they are not persuasive. Applicants arguments of claims 1, 8 and 15 are amended and directed to parent eligible subject matter is not persuasive. The provided claimed language—receiving a request, providing data to a model, identifying a time range, and sending a message— is directed to the abstract idea of "scheduling" or "organizing human activity," implemented using conventional computing steps. Further, optimizing when to send a message is a business method or a mental process that a person could perform in their head (e.g., "I know recipient reads emails at 9 AM"). The steps of gathering user profiles, feeding them into a model, and sending a message are considered conventional data manipulation is a generic data collection and analysis. Therefore, 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 claim 1-20 filed on 30 December 2025 have been fully considered but they are not persuasive. Applicants’ arguments of Zhang fails to teach determining one or more-time ranges each comprising a respective begin time and a respective end time is not persuasive. Zhang teaches identifying, based on the output of the send time optimization model, a preferred time range for communicating with the specified user wherein the output of the send time optimization model comprises one or more-time ranges each comprising a respective begin time and a respective end time (Fig. 5, 410, paragraph [0009], discloses a machine learing (ML) approach is used to predict the best send time to send individual message.., the time between send time and open time [one or more-time range ], paragraph [0060], discloses CP-initiated message may be sent to identified subscribers at specified times/dates. As example, CP-initiated messages may be included periodic (e.g., weekly. Monthly, etc.) newsletters.., , paragraph [0065], discloses the send time data may indicate a time and/or date when the message should be sent the individual recipient or when the message should arrive at the recipient device and paragraphs [0094]-[0095] discloses determining future message send time for each of the subscriber.., which may handle scheduling, generating and sending the message to the respective subscriber using the generated STO Ml model, schedule messages to be sent to each subscriber at the determined futher time ..).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SABA DAGNEW whose telephone number is (571)270-3271. The examiner can normally be reached 9-6:45.
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/SABA DAGNEW/Primary Examiner, Art Unit 3621
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