Prosecution Insights
Last updated: September 26, 2026
Application No. 18/987,559

SYSTEMS AND METHODS FOR MAINTAINING AND UPDATING CALLER STATE IN A COMMUNICATION CENTER

Final Rejection §101§103
Filed
Dec 19, 2024
Priority
Jun 22, 2022 — provisional 63/354,581 +1 more
Examiner
ABOUZAHRA, REHAM K
Art Unit
3625
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Afiniti, Ltd.
OA Round
2 (Final)
11%
Grant Probability
At Risk
3-4
OA Rounds
1y 8m
Est. Remaining
19%
With Interview

Examiner Intelligence

Grants only 11% of cases
11%
Career Allowance Rate
17 granted / 161 resolved
-41.4% vs TC avg
Moderate +8% lift
Without
With
+8.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
27 currently pending
Career history
189
Total Applications
across all art units

Statute-Specific Performance

§101
41.8%
+1.8% vs TC avg
§103
40.9%
+0.9% vs TC avg
§102
2.2%
-37.8% vs TC avg
§112
13.4%
-26.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 161 resolved cases

Office Action

§101 §103
DETAILED ACTION Status of Claims The following is a Final Office Action in response to applicant’s amendments received on 05/08/2026. Claims 1, 2, 6, 11, 12, and 16 are amended. Claim 20 is newly added. Claims 1-20 are considered in this Office Action. Claims 1-20 are currently pending. Response to Arguments Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Response to claim objections: The examiner notes applicant’s amendments overcome the claim objections of claims 1, 11, 12, and 16. The claim objections are withdrawn. An updated claim objection will address applicant’s amendments. Response to § 101 arguments: Applicant's arguments concerning the §101 rejection is primarily raised in support of the new limitations added to independent claims which are believed to be fully addressed in the updated §101 rejection applied to these claims in the instant office action. Response to § 103 arguments: Applicant's arguments concerning the §103 rejection is primarily raised in support of the new limitations added to independent claims, which are believed to be fully addressed in the updated §103 rejection applied to these claims in the instant office action. Claim Objections Claims 1 and 11 is objected to because of the following informalities: The claims recite “after determining that that the predetermined amount of time has elapsed, obtaining information pertaining to each contact in a second set of contacts connected to the call center system.” The examiner suggests deleting the second occurrence of “that.” Appropriate correction is required. Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-patentable subject matter. The claims are directed to an abstract idea without significantly more. Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The judicial exception is not integrated into a practical application. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. The eligibility analysis in support of these findings is provided below, in accordance with the “Patent Subject Matter Eligibility Guidance”. With respect to Step 1 of the eligibility inquiry (as explained in MPEP 2106), it is first noted that the method (claims 1-9 and 20), the non-transitory computer readable storage medium (claim 10), and system (claims 11-19), are directed to an eligible category of subject matter (i.e., process, machine, and article of manufacture). Thus, Step 1 is satisfied. With respect to Step 2, and in particular Step 2A Prong One, it is next noted that the claims recite an abstract idea of managing and scheduling customer-contact handling tasks by detecting event, starting a timer, and executing an action when a time condition is met by reciting concepts performed in the human mind (including an observation, evaluation, judgment, opinion), which falls into “mental processes”. The courts consider a mental process (thinking) that "can be performed in the human mind, or by a human using a pen and paper" to be an abstract idea. The claims further fall into “certain method of organizing human activities”, because it is directed to managing customer service interaction in a contact center context (a commercial/interaction-management workflow). (See MPEP 2106.04(a)(2)). The limitations reciting the abstract idea are highlighted in italics and the limitation directed to additional elements highlighted in bold, as set forth in exemplary claim 1, are: A method in a call center system comprising: obtaining a script comprising a plurality of instructions for execution before a contact seeking to communicate with an agent of a contact center is paired to an agent of the contact center, wherein the plurality of instructions comprises a first instruction, and the first instruction has a time for execution, where the time for execution of the first instruction is a point in time relative to the occurrence of a first event; obtaining information pertaining to each contact in a first set of contacts connected to the call center system, wherein the first set of contacts consists of contacts for which the first instruction has not yet been executed; for each contact included in the first set of contacts, determining, based on the obtained information for the contact, whether the contact has reached the time for execution of the first instruction; executing the first instruction for each contact included in the first set of contacts that has reached the time for execution of the first instruction; after executing the first instruction for each contact included in the first set of contacts that has reached the time for execution of the first instruction, waiting for a predetermined amount of time to elapse; after determining that that the predetermined amount of time has elapsed, obtaining information pertaining to each contact in a second set of contacts connected to the call center system, wherein the second set of contacts consists of contacts for which the first instruction has not yet been executed; for each contact included in the second set of contacts, determining whether the contact has reached the time for execution of the first instruction; and executing the first instruction for each contact included in the second set of contacts that has reached the time for execution of the first instruction. Claims 10 and 11 recite substantially the same limitation as claim 1 and therefore subject to the same rationale. With respect to Step 2A Prong Two, the judicial exception is not integrated into a practical application. The additional elements are directed to a call center system, a non-transitory computer readable storage medium storing a computer program comprising instructions, at least one switch, and processing circuitry, wherein the call center system is operable to perform a method. However, these elements fail to integrate the abstract idea into a practical application because they fail to provide an improvement to the functioning of a computer or to any other technology or technical field, fail to apply the exception with a particular machine, fail to effect a transformation of a particular article to a different state or thing, and fail to apply/use the abstract idea in a meaningful way beyond generally linking the use of the judicial exception to a particular technological environment. Furthermore, these elements have been fully considered, however they are directed to the use of generic computing elements (Applicant’s Specification paragraph [0072] describes high level general purpose computer) to perform the abstract idea, which is not sufficient to amount to a practical application and is tantamount to simply saying “apply it” using a general purpose computer, which merely serves to tie the abstract idea to a particular technological environment (computer based operating environment) by using the computer as a tool to perform the abstract idea, which is not sufficient to amount to particular application. Examiner notes while “obtaining information pertaining of each contact” is data gathering step which is considered part of the abstract idea, if evaluated as additional element, the limitation is considered pre-solution activity. In accordance to MPEP 2106.05(g), an example of pre-solution activity is a step of gathering data for use in a claimed process, e.g., a step of obtaining information about credit card transactions, which is recited as part of a claimed process of analyzing and manipulating the gathered information by a series of steps in order to detect whether the transactions were fraudulent. Accordingly, because the Step 2A Prong One and Prong Two analysis resulted in the conclusion that the claims are directed to an abstract idea, additional analysis under Step 2B of the eligibility inquiry must be conducted in order to determine whether any claim element or combination of elements amount to significantly more than the judicial exception. With respect to Step 2B of the eligibility inquiry, it has been determined that the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. The additional limitations are directed to: a call center system, a non-transitory computer readable storage medium storing a computer program comprising instructions, at least one switch, and processing circuitry, wherein the call center system is operable to perform a method. These elements have been considered, but merely serve to tie the invention to a particular operating environment (i.e., computer-based implementation), though at a very high level of generality and without imposing meaningful limitation on the scope of the claim. In addition, Applicant’s Specification (paragraph [0072]) describes generic off-the-shelf computer-based elements for implementing the claimed invention, and which does not amount to significantly more than the abstract idea, which is not enough to transform an abstract idea into eligible subject matter. Such generic, high-level, and nominal involvement of a computer or computer-based elements for carrying out the invention merely serves to tie the abstract idea to a particular technological environment, which is not enough to render the claims patent-eligible, as noted at pg. 74624 of Federal Register/Vol. 79, No. 241, citing Alice, which in turn cites Mayo. In addition, when taken as an ordered combination, the ordered combination adds nothing that is not already present as when the elements are taken individually. There is no indication that the combination of elements integrates the abstract idea into a practical application. Their collective functions merely provide conventional computer implementation. Therefore, when viewed as a whole, these additional claim elements do not provide meaningful limitations to transform the abstract idea into a practical application of the abstract idea or that the ordered combination amounts to significantly more than the abstract idea itself. The dependent claims have been fully considered as well (i.e., the dependent claims 6 and 16 recite storing in a memory a data structure). However, these elements have been fully considered, however they are directed to the use of generic computing elements (Applicant’s Specification paragraph [0075] describes high level general purpose computer) to perform the abstract idea, which is not sufficient to amount to a practical application and is tantamount to simply saying “apply it” using a general purpose computer, which merely serves to tie the abstract idea to a particular technological environment (computer based operating environment) by using the computer as a tool to perform the abstract idea, which is not sufficient to amount to particular application. These elements have been considered, but merely serve to tie the invention to a particular operating environment (i.e., computer-based implementation), though at a very high level of generality and without imposing meaningful limitation on the scope of the claim. In addition, Applicant’s Specification (paragraph [0075]) describes generic off-the-shelf computer-based elements for implementing the claimed invention, and which does not amount to significantly more than the abstract idea, which is not enough to transform an abstract idea into eligible subject matter. Such generic, high-level, and nominal involvement of a computer or computer-based elements for carrying out the invention merely serves to tie the abstract idea to a particular technological environment, which is not enough to render the claims patent-eligible, as noted at pg. 74624 of Federal Register/Vol. 79, No. 241, citing Alice, which in turn cites Mayo), however, similar to the finding for claims above, these claims are similarly directed to the abstract idea of concepts of mental process and certain methods of organizing human activity, without integrating it into a practical application and with, at most, a general purpose computer that serves to tie the idea to a particular technological environment, which does not add significantly more to the claims. The ordered combination of elements in the dependent claims (including the limitations inherited from the parent claim(s)) add nothing that is not already present as when the elements are taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology. Their collective functions merely provide conventional computer implementation. Accordingly, the subject matter encompassed by the dependent claims fails to amount to significantly more than the abstract idea. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1, 10, 11, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Benjamin Knott (US 2012/0269339 A1, hereinafter “Knott”) in view of Stephen M. Verba (US 6,236,977 A1, hereinafter “Verba”) in view of Konstantin Kishinsky (US 2006/0221941 A1, hereinafter “Kishinsky”). Claim 1/10/11 Knott teaches: A method in a call center system ([0012] a method and system providing customer activities while in queue; the paragraph further include PBX (private branch exchange) systems. [0014] a processor; [0015] Receiving device 42 communicates with I/O ports 26 via bus 34 and in alternate embodiments there may be more than one receiving device 42 in service system 18 and customer activity system 10. One such type of receiving device is an automatic call distribution system ("ACD") that receives plural inbound telephone calls and then distributes the inbound telephone calls to agents or automated systems. [0044] computer-usable media encoding logic such as computer instructions for performing the operations of the invention. Examiner notes: paragraphs [0012]-[0015] describe a switch and a processing circuitry as recited in claim 11 of instant application. Claim 11 recites substantially the same limitation as claim 1 and therefore subject to the same rationale) comprising: obtaining a script comprising a plurality of instructions for execution before a contact seeking to communicate with an agent of a contact center is paired to an agent of the contact center (Knott teaches in [0016]-[0017] a script when a customer (a contact seeking) seeks to communicate with an agent prior to matching the customer with an agent. “The method begins at step 60 and at step 62 receiving device 42 through I/O ports 26 receives one or more inbound inquiries from one or more customers” and “If no agents are available at step 64, then at step 66 receiving device 42 places the customer in a queue in order to hold for the next available agent”), wherein the plurality of instructions comprises a first instruction([0018]“If no agents are available at step 64, then at step 66 receiving device 42 places the customer in a queue in order to hold for the next available agent”), and the first instruction has a time for execution, where the time for execution of the first instruction is a point in time relative to the occurrence of a first event([0018] “When receiving device 42 places the customer in the queue, receiving device 42 also calculates an estimated hold time in the queue for the customer at step 68 and provides the estimated hold time to the customer at step 70”); determining whether, for a first contact, the first event has occurred (fig. 3A step 34 presents a condition trigger whether an agent is available if not, a first event occurs by queuing the caller). obtaining information pertaining to each contact in a first set of contacts connected to the call center system([0016] The method begins at step 60 and at step 62 receiving device 42 through I/O ports 26 receives one or more inbound inquiries from one or more customers. [0017] If no agents are available at step 64, then at step 66 receiving device 42 places the customer in a queue in order to hold for the next available agent. For example, if customer Smith calls service system 18 at 3:30 P.M. and no agents are available, receiving device 42 places customer Smith in the queue. If customer Jones then calls service system 18 at 3:34 P.M. and there are still no available agents, then receiving device 42 places customer Jones in the queue behind customer Smith. [0020] , activity engine 38 may obtain the customer account number from the customer and search the customer records in database 30 for account information and customer demographics about the customer), While Knott describes in [0012] a system for providing customer activities while in queue. [0017] If no agents are available at step 64, then at step 66 receiving device 42 places the customer in a queue in order to hold for the next available agent. The queue the customer is placed in is typically a first in, first out queue where the customers are ordered by the time their calls were received by receiving device 42. [0018] When receiving device 42 places the customer in the queue, receiving device 42 also calculates an estimated hold time in the queue for the customer at step 68 and provides the estimated hold time to the customer at step 70. [0021] Examples of customer activities include voice portals, self-service applications, listening to music, and any other appropriate type of customer entertainment for holding customers. Voice portals, for instance, utilize speech recognition technology to allow the customers to browse information over the telephone such as news, weather, horoscopes, sports scores, and movie reviews and times using simple voice commands. Knott does not explicitly teach the following limitation; however, analogues reference in the field of contact/call center management, Verba teaches: wherein the first set of contacts consists of contacts for which the first instruction has not yet been executed (Verba in Column 11 lines 61-Column 12 line 23 disclose the batch referral generation process then determines its current operating state through a series of messages with the inbound referral generation campaign process, as depicted at 202. This entails checking with the inbound RG campaign process to determine if there are any unprocessed contacts pending and by then requesting the inbound RG campaign process to execute a person contact process for each contact pending). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the teaching of Knott with Verba to include the first set of contacts consists of contacts for which the first instruction has not yet been executed to Knott’s queue-time customer activity system, because in doing so it will help manage and handle a large amount of incoming and/or outgoing telephone calls by automating and optimizing the behavior of inbound and outbound calls on behalf of each of several different parties seeking to exchange valuable resources. (col. 1 lines 9-11 and fig. 8). While Knott describes in [0012] a system for providing customer activities while in queue. [0017] If no agents are available at step 64, then at step 66 receiving device 42 places the customer in a queue in order to hold for the next available agent. The queue the customer is placed in is typically a first in, first out queue where the customers are ordered by the time their calls were received by receiving device 42. [0018] When receiving device 42 places the customer in the queue, receiving device 42 also calculates an estimated hold time in the queue for the customer at step 68 and provides the estimated hold time to the customer at step 70. [0021] Examples of customer activities include voice portals, self-service applications, listening to music, and any other appropriate type of customer entertainment for holding customers. Voice portals, for instance, utilize speech recognition technology to allow the customers to browse information over the telephone such as news, weather, horoscopes, sports scores, and movie reviews and times using simple voice commands. Knott does not explicitly teach the following limitation; however, analogues reference in the field of contact/call center management, Kishinsky teaches: for each contact included in the first set of contacts, determining, based on the obtained information for the contact, whether the contact has reached the time for execution of the first instruction( [0022] Call Queuing and Call Distribution--Incoming calls are placed into a queue. The call queuing program queues incoming telephone calls based upon various criteria such as time, skills of available agents, and customer data. [1757] discloses outbound applications can tell Outbound Caller not to call certain numbers until specific time comes. Time of next call is stored in the "NextCall" item of the number object stored in "@Numbers" collection of the target object, while [1736] disclose once all call processors were initialized, application reads the database and collects targets that can be called at that moment); executing the first instruction for each contact included in the first set of contacts that has reached the time for execution of the first instruction([1737] All collected targets queued to call processors. Processor dials numbers and, if call is connected, invokes the specified Call Center application); after executing the first instruction for each contact included in the first set of contacts that has reached the time for execution of the first instruction, waiting for a predetermined amount of time to elapse([1736] application determines the nearest time (a predetermined amount of time to elapse) available for calling and waits until then. [1738] When all queued targets were processed, application reads the database again); after determining that that the predetermined amount of time has elapsed, obtaining information pertaining to each contact in a second set of contacts connected to the call center system([1737] All collected targets queued to call processors. Each call processor cyclically obtains a target from queue and dials all collected numbers. [1738] When all queued targets were processed, application reads the database again and described above procedure is repeated, while [1735] NextCall VT_DATE Time of next call to this number in local time zone. The number will not be called until the specified time. Applications can change value of this property to schedule calls at specific time), wherein the second set of contacts consists of contacts for which the first instruction has not yet been executed([1733] Completed VT_BOOL TRUE if target is completed in which case no more calls to this target will be dialed. This property can be changed by outbound applications. Target will be called until something or someone sets value of this property to TRUE. [1735] NextCall VT_DATE Time of next call to this number in local time zone. The number will not be called until the specified time. Applications can change value of this property to schedule calls at specific time [1737] All collected targets queued to call processors. Each call processor cyclically obtains a target from queue and dials all collected numbers. [1744] Outbound Caller will data type VT_BOOL or at least must call targets until all of them are marked as be convertible to Boolean type. completed); for each contact included in the second set of contacts, determining whether the contact has reached the time for execution of the first instruction (1737] All collected targets queued to call processors. Each call processor cyclically obtains a target from queue and dials all collected numbers. [1736] Once all call processors were initialized, application reads the database and collects targets that can be called at that moment, while [ [1757] discloses outbound applications can tell Outbound Caller not to call certain numbers until specific time comes. Time of next call is stored in the "NextCall" item of the number object stored in "@Numbers" collection of the target object); and executing the first instruction for each contact included in the second set of contacts that has reached the time for execution of the first instruction([1737] All collected targets queued to call processors. Processor dials numbers and, if call is connected, invokes the specified Call Center application. 1736] Once all call processors were initialized, application reads the database and collects targets that can be called at that moment, while [ [1757] discloses outbound applications can tell Outbound Caller not to call certain numbers until specific time comes. Time of next call is stored in the "NextCall" item of the number object stored in "@Numbers" collection of the target object). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the teaching of Knott and Verba with Kishinsky to include for each contact included in the first set of contacts, determining, based on the obtained information for the contact, whether the contact has reached the time for execution of the first instruction, executing the first instruction for each contact included in the first set of contacts that has reached the time for execution of the first instruction, after executing the first instruction for each contact included in the first set of contacts that has reached the time for execution of the first instruction, waiting for a predetermined amount of time to elapse, after determining that that the predetermined amount of time has elapsed, obtaining information pertaining to each contact in a second set of contacts connected to the call center system, wherein the second set of contacts consists of contacts for which the first instruction has not yet been executed, for each contact included in the second set of contacts, determining whether the contact has reached the time for execution of the first instruction, and executing the first instruction for each contact included in the second set of contacts that has reached the time for execution of the first instruction to Knott’s queue-time customer activity system, because in doing so it will help manage and handle a large amounts of incoming and/or outgoing telephone calls by providing timing action while a contact waits for an agent([0841]). Claim 20 While Knott describes in [0012] a system for providing customer activities while in queue. [0017] If no agents are available at step 64, then at step 66 receiving device 42 places the customer in a queue in order to hold for the next available agent. The queue the customer is placed in is typically a first in, first out queue where the customers are ordered by the time their calls were received by receiving device 42. [0018] When receiving device 42 places the customer in the queue, receiving device 42 also calculates an estimated hold time in the queue for the customer at step 68 and provides the estimated hold time to the customer at step 70. [0021] Examples of customer activities include voice portals, self-service applications, listening to music, and any other appropriate type of customer entertainment for holding customers. Voice portals, for instance, utilize speech recognition technology to allow the customers to browse information over the telephone such as news, weather, horoscopes, sports scores, and movie reviews and times using simple voice commands. Knott does not explicitly teach the following limitation; however, analogues reference in the field of contact/call center management, Kishinsky teaches: The method of claim 1, wherein the second set of contacts includes a contact that was included in the first set of contacts([0047] SmartQueue performs following tasks: [0048] Keeps list of customer's calls [0049] Keeps list of the free (Ready, not busy) agents [0050] Matches calls and agents.[0053] When new ready agent is reported to SmartQueue by AgentServer, SmartQueue checks all remembered calls for the match), and the second set of contacts includes a new contact that connected to the call center system after each contact included in the first set of contacts connected to the call center system([0052] When new call is arrived to SmartQueue it checks all available agents for match with the call. If it finds the match--it reserves matched agent and sends "TargetAvailable" event to the CCA. If no available agent exists for this call--SmartQueue pits the call in the internal call list). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the teaching of Knott and Verba with Kishinsky to include the second set of contacts includes a contact that was included in the first set of contacts, and the second set of contacts includes a new contact that connected to the call center system after each contact included in the first set of contacts connected to the call center system to Knott’s queue-time customer activity system, because in doing so it will help manage and handle a large amounts of incoming and/or outgoing telephone calls by providing timing action while a contact waits for an agent([0841]). Claims 2-3 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Knott in view of Verba in view of Kishinsky, as applied in claims 1 and 11, and further in view of Himanshu Somani (US 9,654630 B1, hereinafter “Somani”). Claim 2/12 While Knott describes in [0012] a system for providing customer activities while in queue. [0017] If no agents are available at step 64, then at step 66 receiving device 42 places the customer in a queue in order to hold for the next available agent. The queue the customer is placed in is typically a first in, first out queue where the customers are ordered by the time their calls were received by receiving device 42. [0018] When receiving device 42 places the customer in the queue, receiving device 42 also calculates an estimated hold time in the queue for the customer at step 68 and provides the estimated hold time to the customer at step 70. [0021] Examples of customer activities include voice portals, self-service applications, listening to music, and any other appropriate type of customer entertainment for holding customers. Voice portals, for instance, utilize speech recognition technology to allow the customers to browse information over the telephone such as news, weather, horoscopes, sports scores, and movie reviews and times using simple voice commands. Knott does not explicitly teach the following limitation; however, analogues reference Somani teaches: The method of claim 1, wherein the method further comprises: determining whether, for a first contact, the first event has occurred; and as a result of determining that the first event for the first contact has occurred, activating a first timer associated with the first contact (Col. 13 lines 18-20 In response to detecting the originating call being connected (e.g., being answered), the dialer will initiate several tasks, which can occur in various order. These tasks include connecting an agent to the call, recording the call, and starting the CAOD process, while col. 13 lines 58-63 describes allowing the agent to override or confirm what the dialer has determined as having answered the call. Finally, an override timer is started in operation 340, wherein this timer may be started after the CAOD process has produced an initial determination), and determining whether the first contact has reached the time for execution of the first instruction comprises determining whether the timer has expired ( Col. 15 lines 4-6 describes if the CAOD process had reported a result, the process flow continues to operation 420 where a test is made to see if the agent override timer has expired). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the teaching of Knott, Verba and Kishinsky with Somani to include determining whether, for a first contact, the first event has occurred; and as a result of determining that the first event for the first contact has occurred, activating a first timer associated with the first contact and determining whether the first contact has reached the time for execution of the first instruction comprises determining whether the timer has expired to Knott’s queue-time customer activity system, because in doing so it will help manage and handle a large amounts of incoming and/or outgoing telephone calls by improving the management of channel changes. (Col. 1 lines 47-50). Claim 3/13 Knott teaches: The method of claim 2, wherein a single process thread performs all of the recited steps(figures 3A and 3B illustrate a single process thread performs all of the recited steps). Claims 4-5 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Knott in view of Verba in view of Kishinsky, as applied in claims 1 and 11, and further in view of Valentine C. Matula (US 2022/0270020 A1, hereinafter “Matula”). Claim 4/14 While Knott describes in [0012] a system for providing customer activities while in queue. [0017] If no agents are available at step 64, then at step 66 receiving device 42 places the customer in a queue in order to hold for the next available agent. The queue the customer is placed in is typically a first in, first out queue where the customers are ordered by the time their calls were received by receiving device 42. [0018] When receiving device 42 places the customer in the queue, receiving device 42 also calculates an estimated hold time in the queue for the customer at step 68 and provides the estimated hold time to the customer at step 70. [0021] Examples of customer activities include voice portals, self-service applications, listening to music, and any other appropriate type of customer entertainment for holding customers. Voice portals, for instance, utilize speech recognition technology to allow the customers to browse information over the telephone such as news, weather, horoscopes, sports scores, and movie reviews and times using simple voice commands. Knott, Verba, and Kishinksy do not explicitly teach the following limitation; however, analogues reference Matula teaches: The method of claim 1, wherein the plurality of instructions further comprises a second instruction, and the second instruction has a time for execution, where the time for execution of the second instruction is a point in time relative to an execution time of the first instruction(Matula teaches [0020] a threshold may be singular (e.g., a target or a trigger), where when the threshold is met or exceeded, then an action related to a channel change occurs (e.g., a channel change is managed). There may be any combination of thresholds used, such as one action for a hold time of a first amount, and a different action for a hold time of a second amount. Examiner Notes: the second timer amount trigger action of second instruction). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the teaching of Knott, Verba and Kishinsky with Matula to include the plurality of instructions further comprises a second instruction, and the second instruction has a time for execution, where the time for execution of the second instruction is a point in time relative to an execution time of the first instruction to Knott’s queue-time customer activity system, because in doing so it will help manage and handle a large amounts of incoming and/or outgoing telephone calls by improving the management of channel changes. ([0015]). Claim 5/15 Knott teaches: The method of claim 4, wherein the plurality of instructions further comprises a third instruction, and the script indicates that the third instruction should be executed immediately after detecting the occurrence of a particular event([0033] As the customer continues to interact with the selected customer activity at step 96, the customer maintains his place in the queue moving up a position in the queue each time a customer ahead of him in the queue is connected to one of the agents until the customer is at the top of the queue and is therefore in position to be connected to the next available agent. [0034] When an agent is available at step 94, at step 98 connection engine 40 notifies the customer that an agent is available to interact with the customer. Connection engine 40 may notify the customer of the agent availability by a prompt such as, "An agent is ready to assist you now. Would you like to speak with the agent if you wish, when you are finished speaking with the agent." Therefore, at step 100, the customer has the option of immediately connecting with the agent or continuing to interact with the selected customer activity). Claims 6-9 and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Knott in view of Verba in view of Kishinsky, as applied in claims 1 and 11, and further in view of Carl Schoeneberger(US 2004/0141508 A1, hereinafter “Schoeneberger”). Claim 6/16 While Knott describes in [0012] a system for providing customer activities while in queue. [0017] If no agents are available at step 64, then at step 66 receiving device 42 places the customer in a queue in order to hold for the next available agent. The queue the customer is placed in is typically a first in, first out queue where the customers are ordered by the time their calls were received by receiving device 42. [0018] When receiving device 42 places the customer in the queue, receiving device 42 also calculates an estimated hold time in the queue for the customer at step 68 and provides the estimated hold time to the customer at step 70. [0021] Examples of customer activities include voice portals, self-service applications, listening to music, and any other appropriate type of customer entertainment for holding customers. Voice portals, for instance, utilize speech recognition technology to allow the customers to browse information over the telephone such as news, weather, horoscopes, sports scores, and movie reviews and times using simple voice commands. Knott, Verba, and Kishinksy do not explicitly teach the following limitation; however, analogues reference in the field of contact/call center management, Schoeneberger teaches: The method of claim 1, wherein the method further comprises storing in a memory a data structure comprising a set of records comprising a first record, and the first record contains an identifier assigned to a first contact and state information indicating a state associated with the first contact ([0075] memory [0169] a data structure 2800 for CDR is illustrated in FIG. 10. The contact represented by the CDR 2800 identified through ID field 2801. Assuming the contact has been classified, the classification for the contact is stored in a contact class ID field 2805. If the iCC is implemented in conjunction with a standard customer relationship management system, the CRM case identifiers is store in a case ID field 2807 to allow tracking of the contact. One or more fields 2811 collectively record the history of the contact as it is processed in the iCC. Each field 2811 contains a contact state 2813 and a timestamp 2815. Thus, the change in state of the contact can be tracked chronologically for the life of the contact. Exemplary contact states used by the iCC are shown in Table 1 below and it will be appreciated that more or fewer states may be used. Table 1 illustrates state information associated with first contact such as initially created, escalated, being addressed, on hold, queue, etc...). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the teaching of Knott, Verba, and Kishinksy with Schoeneberger to include storing in a memory a data structure comprising a set of records comprising a first record, and the first record contains an identifier assigned to the first contact and state information indicating a state associated with the first contact to Knott’s queue-time customer activity system, because in doing so it will help manage and handle a large amounts of incoming and/or outgoing telephone calls and insure that all up do date customer information is replicated in every location in the contact center. ([0075]). Claim 7/17 While Knott describes in [0012] a system for providing customer activities while in queue. [0017] If no agents are available at step 64, then at step 66 receiving device 42 places the customer in a queue in order to hold for the next available agent. The queue the customer is placed in is typically a first in, first out queue where the customers are ordered by the time their calls were received by receiving device 42. [0018] When receiving device 42 places the customer in the queue, receiving device 42 also calculates an estimated hold time in the queue for the customer at step 68 and provides the estimated hold time to the customer at step 70. [0021] Examples of customer activities include voice portals, self-service applications, listening to music, and any other appropriate type of customer entertainment for holding customers. Voice portals, for instance, utilize speech recognition technology to allow the customers to browse information over the telephone such as news, weather, horoscopes, sports scores, and movie reviews and times using simple voice commands. Knott, Verba, and Kishinksy do not explicitly teach the following limitation; however, analogues reference Schoeneberger teaches: The method of claim 6, wherein the state information indicates a time at which the first instruction was executed with respect to the first contact(([0169] a data structure 2800 for CDR is illustrated in FIG. 10. The contact represented by the CDR 2800 identified through ID field 2801. Assuming the contact has been classified, the classification for the contact is stored in a contact class ID field 2805. If the iCC is implemented in conjunction with a standard customer relationship management system, the CRM case identifiers is store in a case ID field 2807 to allow tracking of the contact. One or more fields 2811 collectively record the history of the contact as it is processed in the iCC. Each field 2811 contains a contact state 2813 and a timestamp 2815). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the teaching of Knott, Verba, and Kishinksy with Schoeneberger to include the state information indicates a time at which the first instruction was executed with respect to the first contact to Knott’s queue-time customer activity system, because in doing so it will help manage and handle a large amounts of incoming and/or outgoing telephone calls and insure that all up do date customer information is replicated in every location in the contact center. ([0075]). Claim 8/18 While Knott describes in [0012] a system for providing customer activities while in queue. [0017] If no agents are available at step 64, then at step 66 receiving device 42 places the customer in a queue in order to hold for the next available agent. The queue the customer is placed in is typically a first in, first out queue where the customers are ordered by the time their calls were received by receiving device 42. [0018] When receiving device 42 places the customer in the queue, receiving device 42 also calculates an estimated hold time in the queue for the customer at step 68 and provides the estimated hold time to the customer at step 70. [0021] Examples of customer activities include voice portals, self-service applications, listening to music, and any other appropriate type of customer entertainment for holding customers. Voice portals, for instance, utilize speech recognition technology to allow the customers to browse information over the telephone such as news, weather, horoscopes, sports scores, and movie reviews and times using simple voice commands. Knott, Verba, and Kishinksy do not explicitly teach the following limitation; however, analogues reference Schoeneberger teaches: The method of claim 7, wherein the set of records further comprises a second record, and the second record contains an identifier assigned to a second contact and state information indicating a state associated with the second contact([0169] a data structure 2800 for CDR is illustrated in FIG. 10. The contact represented by the CDR 2800 identified through ID field 2801. Assuming the contact has been classified, the classification for the contact is stored in a contact class ID field 2805. If the iCC is implemented in conjunction with a standard customer relationship management system, the CRM case identifiers is store in a case ID field 2807 to allow tracking of the contact. One or more fields 2811 collectively record the history of the contact as it is processed in the iCC. Each field 2811 contains a contact state 2813 and a timestamp 2815. Thus, the change in state of the contact can be tracked chronologically for the life of the contact. Exemplary contact states used by the iCC are shown in Table 1 below and it will be appreciated that more or fewer states may be used. Table 1 illustrates state information associated with first contact such as initially created, escalated, being addressed, on hold, queue, etc... Fig. 10 illustrates n numbers of record wherein each record is attached to different contact/customer identifier). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the teaching of Knott, Verba, and Kishinksy with Schoeneberger to include the set of records further comprises a second record, and the second record contains an identifier assigned to a second contact and state information indicating a state associated with the second contact to Knott’s queue-time customer activity system, because in doing so it will help manage and handle a large amounts of incoming and/or outgoing telephone calls and insure that all up do date customer information is replicated in every location in the contact center. ([0075]). Claim 9/19 While Knott describes in [0012] a system for providing customer activities while in queue. [0017] If no agents are available at step 64, then at step 66 receiving device 42 places the customer in a queue in order to hold for the next available agent. The queue the customer is placed in is typically a first in, first out queue where the customers are ordered by the time their calls were received by receiving device 42. [0018] When receiving device 42 places the customer in the queue, receiving device 42 also calculates an estimated hold time in the queue for the customer at step 68 and provides the estimated hold time to the customer at step 70. [0021] Examples of customer activities include voice portals, self-service applications, listening to music, and any other appropriate type of customer entertainment for holding customers. Voice portals, for instance, utilize speech recognition technology to allow the customers to browse information over the telephone such as news, weather, horoscopes, sports scores, and movie reviews and times using simple voice commands. Knott, Verba, and Kishinksy do not explicitly teach the following limitation; however, analogues reference Schoeneberger teaches: The method of claim 8, wherein the state information indicating the state associated with the second contact indicates a time at which the first instruction was executed with respect to the second contact([0169] a data structure 2800 for CDR is illustrated in FIG. 10. The contact represented by the CDR 2800 identified through ID field 2801. Assuming the contact has been classified, the classification for the contact is stored in a contact class ID field 2805. If the iCC is implemented in conjunction with a standard customer relationship management system, the CRM case identifiers is store in a case ID field 2807 to allow tracking of the contact. One or more fields 2811 collectively record the history of the contact as it is processed in the iCC. Each field 2811 contains a contact state 2813 and a timestamp 2815. Thus, the change in state of the contact can be tracked chronologically for the life of the contact (i.e., the state information indicating the state associated with the second contact indicates a time at which the first instruction was executed with respect to the second contact as illustrated at figure 10). Exemplary contact states used by the iCC are shown in Table 1 below and it will be appreciated that more or fewer states may be used. Table 1 illustrates state information associated with first contact such as initially created, escalated, being addressed, on hold, queue, etc....). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the teaching of Knott, Verba, and Kishinksy with Schoeneberger to include wherein the state information indicating the state associated with the second contact indicates a time at which the first instruction was executed with respect to the second contact to Knott’s queue-time customer activity system, because in doing so it will help manage and handle a large amounts of incoming and/or outgoing telephone calls and insure that all up do date customer information is replicated in every location in the contact center. ([0075]). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Christer Fahlgren (US 9247062 B2): system and method including receiving a request to enqueue a communication session; adding the communication session to the queue of a plurality of communication sessions; upon adding the communication to the queue, transferring control logic to the configured wait-state application; receiving a dequeue request initiated by a second entity; in response to the dequeue request, managing the procession of communication sessions in the queue; and dequeuing a communication session from the queue. Qiaobing Xie (US 20090190745 A1): method includes routing a caller from a pool of callers based on at least one caller data associated with the caller, where a pool of callers includes, e.g., a set of callers that are not chronologically ordered and routed based on a chronological order or hold time of the callers. The caller may be routed from the pool of callers to an agent, placed in another pool of callers, or placed in a queue of callers. The caller data may include demographic or psychographic data. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 REHAM K ABOUZAHRA whose telephone number is (571)272-0419. The examiner can normally be reached M-F 7:00 AM to 5:00 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Epstein can be reached at (571)-270-5389. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /REHAM K ABOUZAHRA/ Examiner, Art Unit 3625 /SARA GRACE BROWN/Primary Examiner, Art Unit 3625
Read full office action

Prosecution Timeline

Dec 19, 2024
Application Filed
Feb 12, 2026
Non-Final Rejection mailed — §101, §103
May 08, 2026
Response Filed
Aug 11, 2026
Final Rejection mailed — §101, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12651221
METHOD AND SYSTEM FOR PREDICTING REGIONAL GAS CONSUMPTION, AND DEVICE AND INTERNET OF THINGS CLOUD PLATFORM
1y 5m to grant Granted Jun 09, 2026
Patent 12646123
Systematic Outage Planning and Coordination in a Distribution Grid
6y 1m to grant Granted Jun 02, 2026
Patent 12591904
METHODS AND APPARATUS TO DETERMINE UNIFIED ENTITY WEIGHTS FOR MEDIA MEASUREMENT
3y 5m to grant Granted Mar 31, 2026
Patent 12586127
Stochastic Bidding Strategy for Virtual Power Plants with Mobile Energy Storages
6y 0m to grant Granted Mar 24, 2026
Patent 12419214
UTILITY VEHICLE
8y 6m to grant Granted Sep 23, 2025
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
11%
Grant Probability
19%
With Interview (+8.5%)
3y 5m (~1y 8m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 161 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month