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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on January 08, 2025 was filed after is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 5-8 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 5-8 of prior U.S. Patent No. 12,225,157 B2. This is a statutory double patenting rejection.
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-4 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of U.S. Patent No 12,225,157 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because at least one claim of the instant application is being taught by the claims of the U.S. Patent.
Patented claim 1 recites a system for automated customer response system mapping and duplication which perform the feature of convert the data model into a CX model containing programming code sufficient to recreate the automated customer response system.
The pending claim 1 recites a system for automated customer response system mapping and duplication which perform the similar feature of convert the data model into a customer experience (CX) model containing programming code sufficient to recreate the automated customer response system.
Therefore, the patented claim 1 anticipates the pending 1.
Pending claims
Patented claims
1. A system for automated customer response system mapping and duplication, comprising: a computing device comprising a memory, a processor, and a plurality of programming instructions stored in the memory which, when operating on the processor, causes the computing device to: establish a connection with an automated customer response system; generate a data model for the automated customer response system by: automatically navigating through the automated customer response system via queries from the contact center crawler and responses from the automated customer response system; and creating a graph, a tree, or a list of possible inputs and outputs for the automated customer response system; and convert the data model into a customer experience (CX) model containing programming code sufficient to recreate the automated customer response system.
2. The system of claim 1, wherein: the automated customer response system comprises an interactive voice response (IVR) system; and the system for automated customer response system mapping and duplication further comprises an automated speech recognition module comprising a second plurality of programming instructions stored in the memory which, when operating on the processor, causes the computing device to: receive some or all of the queries and the responses in audio form from the contact center crawler; convert the received audio queries and responses to text; and send the text to the contact center crawler.
3. The system of claim 2, wherein the data model is converted into a structured data format for export and import into another platform for the purposes of reproducing the original IVR structure in another system.
4. The system of claim 1, wherein the contact center crawler, data model generator, and CX model generator are located on an internal network connected to a contact center.
5. A method for automated customer response system mapping and duplication, comprising the steps of: using a contact center crawler operating on a computing device comprising a memory and a processor to perform the steps of: establishing a connection with an automated customer response system; automatically navigating through the automated customer response system via queries from the contact center crawler and responses from the automated customer response system; sending navigation data comprising the queries and response to a data model generator operating on the computing device; using the data model generator to perform the steps of: mapping the navigation of the automated customer response system using the navigation data; sending the map as a data model comprising a graph, a tree, or a list of possible inputs and outputs for the automated customer response system to a customer experience (CX) model generator operating on the computer system; and using the customer experience (CX) model generator to perform the steps of: receiving the data model from the data model generator; and converting the data model into a CX model containing programming code sufficient to recreate the automated customer response system.
6. The method of claim 5, wherein the automated customer response system comprises an interactive voice response (IVR) system; and further comprising the steps of: using an automated speech recognition module operating on the computing device to perform the steps of: receiving some or all of the queries and the responses in audio form from the contact center crawler; converting the received audio queries and responses to text; and sending the text to the contact center crawler.
7. The method of claim 6, wherein the data model is converted into a structured data format for export and import into another platform for the purposes of reproducing the original IVR structure in another system.
8. The method of claim 5, wherein the contact center crawler, data model generator, and CX model generator, are located on an internal network connected to a contact center.
1. A system for automated customer response system mapping and duplication, comprising: a computing device comprising a memory and a processor; a contact center crawler comprising a first plurality of programming instructions stored in the memory which, when operating on the processor, causes the computing device to: establish a connection with an automated customer response system; automatically navigate through the automated customer response system via queries from the contact center crawler and responses from the automated customer response system; send navigation data comprising the queries and responses to a data model generator; the data model generator comprising a second plurality of programming instructions stored in the memory which, when operating on the processor, causes the computing device to: map the navigation of the automated customer response system using the navigation data; send the map as a data model comprising a graph, a tree, or a list of possible inputs and outputs for the automated customer response system to a customer experience (CX) model generator; and the customer experience (CX) model generator comprising a third plurality of programming instructions stored in the memory which, when operating on the processor, causes the computing device to: receive the data model from the data model generator; and convert the data model into a CX model containing programming code sufficient to recreate the automated customer response system.
2. The system of claim 1, wherein: the automated customer response system comprises an interactive voice response (IVR) system; and the system for automated customer response system mapping and duplication further comprises an automated speech recognition module comprising a fourth plurality of programming instructions stored in the memory which, when operating on the processor, causes the computing device to: receive some or all of the queries and the responses in audio form from the contact center crawler; convert the received audio queries and responses to text; and send the text to the contact center crawler.
3. The system of claim 2, wherein the data model is converted into a structured data format for export and import into another platform for the purposes of reproducing the original IVR structure in another system.
4. The system of claim 1, wherein the contact center crawler, data model generator, and CX model generator are located on an internal network connected to a contact center.
5. A method for automated customer response system mapping and duplication, comprising the steps of: using a contact center crawler operating on a computing device comprising a memory and a processor to perform the steps of: establishing a connection with an automated customer response system; automatically navigating through the automated customer response system via queries from the contact center crawler and responses from the automated customer response system; sending navigation data comprising the queries and response to a data model generator operating on the computing device; using the data model generator to perform the steps of: mapping the navigation of the automated customer response system using the navigation data; sending the map as a data model comprising a graph, a tree, or a list of possible inputs and outputs for the automated customer response system to a customer experience (CX) model generator operating on the computer system; and using the customer experience (CX) model generator to perform the steps of: receiving the data model from the data model generator; and converting the data model into a CX model containing programming code sufficient to recreate the automated customer response system.
6. The method of claim 5, wherein the automated customer response system comprises an interactive voice response (IVR) system; and further comprising the steps of: using an automated speech recognition module operating on the computing device to perform the steps of: receiving some or all of the queries and the responses in audio form from the contact center crawler; converting the received audio queries and responses to text; and sending the text to the contact center crawler.
7. The method of claim 6, wherein the data model is converted into a structured data format for export and import into another platform for the purposes of reproducing the original IVR structure in another system.
8. The method of claim 5, wherein the contact center crawler, data model generator, and CX model generator, are located on an internal network connected to a contact center.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form.
Bushey et al. (US 2007/0025535 A1) discloses a quality evaluation system has a communications interface coupled to one or more service centers, a memory, and a processor.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GERALD GAUTHIER whose telephone number is (571)272-7539. The examiner can normally be reached 8:00 AM to 4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CAROLYN R EDWARDS can be reached at (571) 270-7136. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GERALD GAUTHIER/Primary Examiner, Art Unit 2692
September 21, 2026
