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 .
DETAILED ACTION
2. This action is in response to the Amendment filed August 6, 2026.
3. Claims 21, 28, and 35 have been amended.
4. Claims 21-40 have been examined and are pending with this action.
Response to Arguments
5. Applicant's arguments filed August 6, 2026, with respect to the rejection of 23 and 30, previously rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement., have been fully considered and are persuasive. The rejections have been withdrawn.
Applicant's arguments filed August 6, 2026, with respect to the rejection of claims 21-40, previously rejected under 35 U.S.C. 103 as being unpatentable over Smullen et al. (US 2017/0180284 A1) in view of Young et al. (US 2003/0197723 A1), have been fully considered but they are not persuasive. Nonetheless, Berson et al. (US 2016/0057500 A1) has been cited to better teach the missing limitation that the icon is a “color icon”.
The applicant(s) argues that neither Smullen nor Young teach chat routing based on assigned color icon. The examiner disagrees. Smullen teaches assigning icons to bots and routing to the appropriate bot based on selecting the particular icon. What Smullen does not explicitly teach is that the icon is colored or color-coded. Although the examiner could take Official Notice with respect to such subjective elementary distinction, as Smullen teaches icons having enterprise labels with a particular trademark design having some particular colors associated therewith, in the interest of expediting prosecution, Berson has been cited to specifically teach a “color icon”. Please see rejections set forth below.
Applicant(s) further argues the asserted combination of Smullen and Young lacks multi-interface chat widget with only one interface being visible at a time. Again, although such distinction is subjectively based on aesthetics, Smullen explicitly teaches one interface being visible at a time. Each of the figures with respect to a GUI of Smullen shows only one interface being visible at a time. For example, see Fig. 7, Fig. 9, Fig. 10, Fig. 13, Fig. 14, Fig. 15, Fig. 17, Fig. 18, Fig. 19, and Fig. 20, which only shows one interface at a time.
For these reasons above and the rejections set forth below, claims 21-40 remain rejected and pending.
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 (i.e., changing from AIA to pre-AIA ) 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.
6. Claims 21, 22, 24-29, and 31-40 are rejected under 35 U.S.C. 103 as being unpatentable over Smullen et al. (US 2017/0180284 A1) in view of Berson et al. (US 2016/0057500 A1).
INDEPENDENT:
As per claim 21, Smullen teaches a server computer system, comprising:
one or more processors (see Smullen, Fig. 3: “CPU 352”); and
a non-transitory memory coupled to the one or more processors, the non-transitory memory including a set of instructions of computer-executable program code, which when executed by the one or more processors (see Smullen, [0165]: “This can be, for instance, a system that references files or is capable of addressing any kind of non-transitory memory storage mechanism.”; and [0523]: “The present invention can be implemented as a computer program product that comprises a computer program mechanism embedded in a nontransitory computer readable storage medium. For instance, the computer program product could contain the program modules shown in any combination of FIGS. 1, 2, 3, 4, 6, 16, 21, 22, 23, and 27. These program modules can be stored on a CD-ROM, DVD, magnetic disk storage product, or any other non-transitory computer readable data or program storage product”), cause the one or more processors to:
generate a graphical user interface (GUI) for visual display on a client device, the GUI comprising a chat widget having a plurality of chat interfaces to facilitate simultaneous automated virtual chat communication sessions on the client device with a plurality of virtual support agents, with only one chat interface being visible at a time (see Smullen, Figs. 7, 9-10, 13-15, & 17-20; Abstract: “The communication is compared to each tag in each set of tags in a plurality of sets of tags, each set of tags being uniquely associated with (i) a different chatbot in one or more chatbots associated with the sub-channel or (ii) a different node within a plurality of nodes in a chatbot.”; [0127]: “FIGS. 7 and 17 each provide an illustration of a graphical user interface 702 provided by communication module 204-C on a remote user device 104 after completion of block 506 in accordance with some embodiments of the present disclosure.”; [0140]: “Thus, in typical embodiments, the secure mobile communications platform 200 generates one or more sub-channels 212 from each of the established primary channels 210 associated with each user's unique identifier based on the received characteristic information for communicating with each of the users and for facilitating one or more transactions with each of the consumers within the generated sub-channels 212. The secure mobile communications platform 200 provides complete transaction support inside a sub-channel 212. Using the secure mobile communications platform 200, enterprise data sources 200 (e.g., business entities) can establish one or more primary communication channels 210 with their users (e.g., consumers), after which sub-channels 212 covering different subjects and topics and offering transaction services can be established once the users have opted in to particular sub-channels 212. Within each sub-channel, a user, participating in a private (secure) conversation with the enterprise data source can reply to a transaction message, for example, an electronic commerce (e-commerce) offer message by purchasing the ecommerce offer as disclosed in the examples below. The secure mobile communications platform 200 implements e-commerce using one or more payment infrastructures, for example, STRIPE® of Stripe, Inc., PAYPAL® of PayPal, Inc., etc.”; and [0176]: “the automated human interface module 2202 designer further includes the ability to add, edit, and delete the end user's response options (e.g. option buttons provided in a widget 2216) per node 2210. Such response options, include, but are not limited to, an ability to define a specific destination node 2208 for each end user option, an ability to define a node option to close a chat session (e.g., by user selecting the session closing “problem is resolved” option, and in some embodiments with the system able to send a final response within the conversation such as “Happy to help, have a great day”), connecting to a different bot 2202, ability to move the end user to a different automated human interface module 2202 ability to select a specific destination node 2210 within the node graph 2208 of the bot 2202, ability to have the bot 2202 send multiple separate messages to the end user in the conversation 2220 in sequence, for instance one right after the other (near instantaneous), ability to add, change or delete an embedded third party widget 2216 (e.g. payment transaction) for a node 2210, ability to add, change or delete a predefined system widget 2216 (e.g.: list picker for a list of service or production options, date picker, etc., a visual indicator for whether a node 2210 has any node tags 2211 associated with it. A tag is a single keyword or phrase and can be assigned by the enterprise data source 102”),
assign, on a single chat interface of the plurality of chat interfaces, a plurality of user-engageable icon associated with an automated virtual chat communication session in the plurality of simultaneous automated virtual chat communication sessions and a virtual support agent in the plurality of virtual support agents time (see Smullen, Figs. 9-10 & 18-20; [0177]: “Tags reflect a single keyword or phrase and can be assigned to specific nodes 2210 within a node graph 2208 of an automated human interface module 2202 and for the overall scope of the automated human interface module 2202 when an end user's conversation 2220 has been entered into the automated human interface module's 2202 automated message flow (node graph 2208).”; [0215]: “assigning a combination of native automated human interface modules 2202 and third party bots (with sub-channel 212 level automated human interface module auto assignment) to the single sub-channel”; and [0216]: “assigning single or multiple automated human interface modules 2202 (with auto assign) and connection to third party bots from within an automated human interface module 2202; e.g. a given node 2210 with an automated human interface module 2202 can transfer a conversation to a third party bot or to another (native) automated human interface module 2202”),
receive, from the client device, an indication of a selective user engagement of a user-engageable icon of the plurality of user-engageable icons (see Smullen, [0315]: “The defined start node bot instantiation enables a bot 2202 or live agent to trigger the initialization of a new bot instance 2202 (e.g. a conversation 2220 hosted by the bot instance) and also define the exact starting point, e.g. node 2210, of the new conversation within the bot. Without this option any new bot framework instance starts at a default bot specific starting point, which is typically to await and then evaluate initial end user input and then send the user to the most appropriate bot. Since there are many use cases where it is preferable or necessary to start a new bot conversation 2220 at a pre-defined node 2210 within the bot 2202, the start node can be specified as part of the bot instantiation request function in accordance with the systems and methods of the present disclosure. The bot may thereby, for example, present the user with an initial message and options to select from that are accurately relevant to the topic/task the user is interested in.”; [0447]: “In fact, in some embodiments of the present disclosure, the user profile stores the credentials of the user so that when the user selects a new enterprise data source 102, the credentials are passed on to the new enterprise data source 102, making the addition of a new primary channel 210 to the user interface of module 204-C a one step process”; and [0508]: “In this way the user selects an enterprise data sources 102 to interact with provided that the enterprise data sources 102 permits anonymous communication.”), and
route, in response to receiving the indication, chat messages to a respective one of the virtual support agents assigned to the engaged user-engageable icon (see Smullen, Fig. 9; Abstract: “The communication is routed to a first chatbot in the one or more chatbots, or a first node within the first chatbot, on the basis of being associated with a tag that best matches the communication. A responsive message by the first chatbot within the sub-channel includes the user identifier, thereby facilitating a conversation between the user and an enterprise data source associated with the sub-channel.”; [0170]: “The end user's selection of available predefined responses or a typed message response are the triggers the bot 2202 uses to navigate the end user through it's available content logic (node graph 2208).”; [0216]: “assigning single or multiple automated human interface modules 2202 (with auto assign) and connection to third party bots from within an automated human interface module 2202; e.g. a given node 2210 with an automated human interface module 2202 can transfer a conversation to a third party bot or to another (native) automated human interface module 2202”; and [0233]: “Tag matching involves matching words or phrases from messages from end users and a defined list of tags associated with nodes 2210 (node tags 2210) or an automated human interface modules 2202 (interface tag expressions 2204).”).
Although Smullen explicitly teaches assigning user-engageable icon on the GUI (see Smullen, Figs. 7, 9-10, 13-15, & 17-20), and one can construe the labeled trademark icons of Smullen is not only colored, but narrower in scope than merely color-coding the icons. However, in the interest of expediting prosecution, the office takes the position of Smullen not explicitly teaching that the icon is a colored icon.
Berson teaches assigning a color to the icons (see Berson, [0051]: “The multimedia annotation created by content creators in association with projects and video production within the system may take the form of text, video, audio, PDF or photos and may be visually represented along a video timeline in the form of various color coded icons representing the type of annotation or role of content creator telling the story (e.g. editor, set designer, etc.).”; and [0053]: “annotations may also be color coded or assigned icons based on groupings of content contributors/collaborators. For example, the uploader of the content may be represented by a particular color or icon with respect to his or her annotation on the projects page of the uploaded content while the crew is defined by another color or icon”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the system of Smullen in view of Berson by implementing assigning a color to each respective virtual support agent. One would be motivated to do so because various aesthetics are well-known routine and conventional to distinguish objects of a graphical user interface for various purposes (see Smullen, [0176]: “ability to add, change or delete a predefined system widget 2216 (e.g.: list picker for a list of service or production options, date picker, etc., a visual indicator for whether a node 2210 has any node tags 2211 associated with it.”; and see Berson, [0027]: “Skills could also include certain types of visual styles and aesthetics that the creator has expertise in e.g. film noir, western, surreal, etc.”). Implementing such subjective elementary function, is neither novel nor a significant improvement over prior art, in terms of patentability.
As per claim 28, Smullen and Berson teach a computer program product comprising at least one non-transitory computer readable medium having with a set of instructions of computer-executable program code, which when executed by one or more processors of a server computer system, cause the one or more processors (see Claim 21 rejection above) to:
generate a graphical user interface (GUI) for visual display on a client device, the GUI comprising a chat widget having a plurality of chat interfaces to facilitate simultaneous automated virtual chat communication sessions on the client device with a plurality of virtual support agents, with only one chat interface being visible at a time (see Claim 21 rejection above);
assign, on a single chat interface of the plurality of chat interfaces, a plurality of user-engageable color icons, each user-engageable color icon being associated with an automated virtual chat communication session in the plurality of simultaneous automated virtual chat communication sessions and a virtual support agent in the plurality of virtual support agents (see Claim 21 rejection above);
receive, from the client device, an indication of selective user engagement of a user-engageable color icon of the plurality of user-engageable color icons (see Claim 21 rejection above); and
route, in response to receiving the indication, chat messages to a respective one of the virtual support agents assigned to the engaged user-engageable color icon (see Claim 21 rejection above).
As per claim 35, Smullen and Berson teach a computer-implemented method, comprising:
generating, by a server computer system, a graphical user interface (GUI) for visual display on a client device, the GUI comprising a chat widget having a plurality of chat interfaces to facilitate simultaneous automated virtual chat communication sessions on the client device with a plurality of virtual support agents, with only one chat interface being visible at a time (see Claim 21 rejection above);
assigning, on a single chat interface of the plurality of chat interfaces by the server computer system, a plurality of user-engageable color icons, each user-engageable color icon being associated with an automated virtual chat communication session in the plurality of simultaneous automated virtual chat communication sessions and a virtual support agent in the plurality of virtual support agents (see Claim 21 rejection above);
receiving, from the client device, an indication of selective user engagement of a user-engageable color icon of the plurality of user-engageable color icons (see Claim 21 rejection above); and
routing, by the server computer system in response to receiving the indication, chat messages to a respective one of the virtual support agents assigned to the engaged user-engageable color icon (see Claim 21 rejection above).
DEPENDENT:
As per claims 22, 29, and 36, which respectively depend on claims 21, 28, and 35, Smullen further teaches wherein the set of instructions, which when executed by the one or more processors, causes the one or more processors to detect a language of a chat message transmitted by the client device (see Smullen, [0339]: “This is the base node that receives and processes multiple node matches based on natural language processing evaluation of the end user's message.”; and [0457]: “A determination is made as to whether the location is within a geographical zone (e.g., country, region/state, city, town, county, metro code/zip code) in a plurality of geographical zones. When the location is within a geographical zone in the geographical plurality of zones, information from the enterprise data source 102 is communicated to the remote user device 104 associated with the first user within the first sub-channel 212 based, at least in part, on the location.”).
As per claims 24, 31, and 37, which respectively depend on claims 22, 29, and 36, Smullen further teaches wherein the set of instructions, which when executed by the one or more processors, causes the one or more processors to match a virtual chat communication session with a virtual support agent based on a linguistic compatibility with the detected language (see Smullen, [0032]: “The first message is routed to a first automated human interface module in the one or more automated human interface modules or a first node within the first automated human interface module that is associated with a tag that best matches the first text communication.”; [0182]: “For example, a given sub-channel 212 may have five bots 2202, each such bot handling a set of conversations, and further the given sub-channel 212 may have one or more multimedia bots 2232 that listen in on the conversations within the sub-channel and provide multimedia objects to these conversations when there is a match between the tags to objects accessible to the multimedia bot 2232 and content in the conversations (e.g., messages from the users associated with end user devices 104). In still other embodiments, a multimedia bot 2232 may operate a widget 2216 at a particular node 2216 within an automated human interface module 2202.”; and Claim 22 rejection above).
As per claims 25, 32, and 38, which respectively depend on claims 21, 28, and 35, Smullen and Berson further teach wherein, temporally before causing the visual display of the second chat interface, the set of instructions, which when executed by the one or more processors, causes the one or more processors to visually distinguish each chat interface from other chat interfaces on the basis of color (see Claim 21 rejection above).
As per claims 26, 33, and 39, which respectively depend on claims 21, 28, and 35, Smullen and Berson further teach wherein all chat messages by the virtual support agents are visually displayed in the color associated with each respective virtual support agent (see Claim 21 rejection above).
As per claims 27, 34, and 40, which respectively depend on claims 21, 28, and 35, Smullen further teaches wherein the GUI comprises a user-engageable icon that, when selectively engaged by the user, causes the visual display of a new virtual chat communication session (see Smullen, Figs. 7, 9-10, 13-15, & 17-20; [00]: “”; and [0163]: “A first user may have one conversation in one sub-channel with a first enterprise data source 102 that is deemed automated while having another conversation in another sub-channel with a second enterprise data source 102 that is deemed non-automated, or vice versa. That is, the status of each conversation is independent.”).
7. Claims 23 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Smullen et al. (US 2017/0180284 A1) and Berson et al. (US 2016/0057500 A1), and still further in view of Pham (US 2018/0083898 A1).
As per claims 23 and 30, which respectively depend on claims 22 and 29, Smullen and Berson do not explicitly wherein the set of instructions, which when executed by the one or more processors, causes the one or more processors to process contents of the chat message via a convolution neural network.
Pham teaches processing contents of the chat message via a convolution neural network (see Pham, [0238]: “Machine-learning application 1230 also includes a trained model 1234. In some implementations, the trained model may include one or more model forms or structures. For example, model forms or structures can include any type of neural-network, such as a linear network, a deep neural network that implements a plurality of layers (e.g., “hidden layers” between an input layer and an output layer, with each layer being a linear network), a convolutional neural network (e.g., a network that splits or partitions input data into multiple parts or tiles, processes each tile separately using one or more neural-network layers”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the system of Smullen and Berson in view of Pham by implementing processing contents of the chat message via a convolution neural network. One would be motivated to do so because Smullen teaches in paragraphs [0443]: “In such instances, the conversation is between the potential enterprise data source 102 and the secure mobile communications platform 200. In some embodiments, artificial intelligence or machine based learning is imposed in one or more nodes of the node graph to assist in onboarding the potential enterprise data source.”, emphasis added.
Conclusion
8. For the reasons above, claims 21-40 have been rejected and remain pending.
9. 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.
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL Y WON whose telephone number is (571)272-3993. The examiner can normally be reached on Wk.1: M-F: 8-5 PST & Wk.2: M-Th: 8-7 PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas R Taylor can be reached on 571-272-3889. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Michael Won/Primary Examiner, Art Unit 2443
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