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
This communication is a First Office Action Non-Final on Merits. Claims 1-15, as originally filed, are currently pending and have been considered below.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has not been filed. An attempt by the Office to electronically retrieve, under the priority document exchange program, the foreign application 24305316.2 to which priority is claimed has FAILED on 07/29/2025.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2/26/25 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 1 objected to because of the following informalities: claim1 line 6, period should be replaced by comma. See MPEP 608.01(m) Each claim begins with a capital letter and ends with a period. Periods may not be used elsewhere in the claims except for abbreviations. See Fressola v. Manbeck, 36 USPQ2d 1211 (D.D.C. 1995). Appropriate correction is required.
Claim 3 objected to because of the following informalities: claim 3 recites detecting one or mor of a design event in communication composition module limitation. Appropriate correction is required.
CLAIM INTERPRETATION
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. § 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that § 112(f) (pre-AIA § 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. § 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that § 112(f) (pre-AIA § 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke § 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke § 112(f) except as otherwise indicated in an Office action.
Claims 12-13 limitation “a customer communication management module configured to; communication composition module configured to; communication relationship management module; a delivery module; policy administration” have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “module” coupled with functional language without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claims 12-13 have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation: Specification [0023] The customer communication system 200 may be configured to implement all the steps of the method and/or its various embodiments according to at least one embodiment of the invention. To this end, the system 200 comprises a memory and a computing unit, the memory being configured to store instructions. [0025] The customer communication system 200 comprises various systems. A first system of the customer communication system 200 is the customer communication management module 210.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
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 1-15 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to a judicial exception (an abstract idea) without significantly more.
Step 1: Identifying Statutory Categories
In the instant case, claims 1-11 are directed to a method, claims 12-13 are directed to a system. Thus, the claim 1-13 fall within one of the four statutory categories.
However, claim 14 is directed to a computer program. A computer program (software per se) does not fall within one of the enumerated statutory categories (i.e. process, machine, manufacture, or composition of matter). Applicant's specification at [0028] state that the program may be recordable on any data storage medium, including the memory of the system. The program may for example be implemented in digital electronic circuitry, or in computer hardware, firmware, software, or in combinations of them. Further, the claim recites a computer program for performing a method and the method comprising. It is not clear whether the claim is directed to a system or a method. Claim 15 is rejected due to its dependence from claim 14. Appropriate correction is required.
Nevertheless, the claims fall within the judicial exception of an abstract idea.
Step 2A: Prong 1 Identifying a Judicial Exception
Under Step 2A, prong 1, Claims 1-15 are rejected under 35 U.S.C. 101 because the claimed invention recites an abstract idea without significantly more. Independent claims 1 and 14 recite methods that managing customer communications including generating a composition processing schema comprising attributes of a design process of a customer communication, the attributes comprising a composition identifier and a composition type, the composition type being chosen amongst a batch type, a real type and an interactive type. generating a communication delivery schema comprising attributes of a delivery process of the customer communication, the attributes comprising a communication identifier and a delivery channel, and generating a customer schema comprising the composition identifier, the communication identifier and the attributes of a customer for whom the customer communication is destined, the attributes comprising a customer identifier.
Claim 12 recites managing customer communications including design customer communications, package and register said customer communications, and produce at least one event to enable communication; store information about customers, and produce at least one event to enable communication, deliver said customer communications, and produce at least one event to enable communication, receive events, produced by the customer communication and generate, based on at least one of the events that are received, a composition processing schema comprising attributes of a design process of a customer communication, the attributes comprising a composition identifier and a composition type, the composition type being chosen amongst a batch type, a real type and an interactive type, generate, based on at least one of the events that are received, a communication delivery schema comprising attributes of a delivery process of the customer communication, the attributes comprising a communication identifier and a delivery channel, and generate, based on at least one of the events that are received, a customer schema comprising the composition identifier, the communication identifier, and the attributes of a customer for whom the customer communication is intended, the attributes comprising a customer identifier.
These limitations as drafted, are a process that, under its broadest reasonable interpretation, covers methods of organizing human activity (including commercial interactions such as business relations, managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions) including interaction between person and computer), but for the recitation of generic computer components. That is, other than reciting the structural elements (such as Claim 1 a customer communication system; Claim 12 a communication composition module via an application programming interface, the customer communication management module, a customer relationship management module, a delivery module Claim 14 computer program ), the claims are directed to generating composition and delivery schema for managing customer communications and providing personalized communication to customers. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation of organizing human activity but for the recitation of generic computer components, the claim recites an abstract idea.
Step 2A Prong 2 - This judicial exception is not integrated into a practical application because the claim merely describes how to generally “apply” the concept of receiving data, analyzing it, and providing communication. In particular, the claims only recites the additional element - Claim 1 a customer communication system; Claim 12 a communication composition module via an application programming interface, the customer communication management module, a customer relationship management module, a delivery module Claim 14 computer program. The additional elements are recited at a high-level of generality such that it amounts to no more than mere instructions to apply the exception using a generic computer component or merely uses a computer as a tool to perform an abstract idea, as discussed in MPEP 2106.05(f). The claims are directed to an abstract idea. Simply implementing the abstract idea on generic components is not a practical application of the abstract idea. Accordingly, these additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
The claims are directed to an abstract idea. When considered in combination, the claims do not amount to improvements to the functioning of a computer, or to any other technology or technical field, as discussed in MPEP 2106.05(a), applying the judicial exception with, or by use of, a particular machine, as discussed in MPEP 2106.05(b), effecting a transformation or reduction of a particular article to a different state or thing, as discussed in MPEP 2106.05(c), or applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception, as discussed in MPEP 2106.05(e). Accordingly, the additional elements do not integrate the abstract idea into a practical application because they does not impose any meaningful limits on practicing the abstract idea. Therefore, the claims are directed to an abstract idea.
Step 2B: Considering Additional Elements
The claimed invention is directed to an abstract idea without significantly more. The claim does not include additional elements that are sufficient to amount significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the claims describe how to generally “apply” to; generating composition and delivery schema for managing customer communications and providing personalized communication to customers. The claim(s) do not include additional elements that are sufficient to amount to significantly more than the judicial exception because mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The independent claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. Even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. The claims are not patent eligible. The dependent claim(s) when analyzed as a whole are held to be patent ineligible under 35 U.S.C. 101 because the additional recited limitation(s) fail to establish that the claim(s) is/are not directed to an abstract idea. The dependent claims are not significantly more because they are part of the identified judicial exception. See MPEP 2106.05(g). The claims are not patent eligible. With respect to Claim 1 a customer communication system; Claim 12 a communication composition module via an application programming interface, the customer communication management module, a customer relationship management module, a delivery module Claim 14 computer program, these limitations are described in Applicant’s own specification as generic and conventional elements. See Applicants specification, Paragraph [0022] details “ steps, are performed by at least one computer or processor or other similar system. [0025] The customer communication system 200 comprises various systems. A first system of the customer communication system 200 is the customer communication management module 210. [0028] The program may for example be implemented in digital electronic circuitry, or in computer hardware, firmware, software, or in combinations of them.” These are basic computer elements applied merely to carry out data processing such as, discussed above, receiving, analyzing, transmitting and displaying data, which fall under well-understood, routine and conventional functions of generic computers. Furthermore, the use of such generic computers to receive or transmit data over a network has been identified as a well understood, routine and conventional activity by the courts. See Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AVAuto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); Presenting offers and gathering statistics, OIP Techs., 788 F.3d at 1362-63, 115 USPQ2d at 1092-93, OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network); but see DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245, 1258, 113 USPQ2d 1097, 1106 (Fed. Cir. 2014) ("Unlike the claims in Ultramercial, the claims at issue here specify how interactions with the Internet are manipulated to yield a desired result-a result that overrides the routine and conventional sequence of events ordinarily triggered by the click of a hyperlink." (emphasis added)); Also see MPEP 2106.05(d) discussing elements that the courts have recognized as well-understood, routine and conventional activities in particular fields. Lastly, the additional elements provides only a result-oriented solution which lacks details as to how the computer performs the claimed abstract idea. Therefore, the additional elements amount to mere instructions to apply the exception. See MPEP 2106.05(f).
Furthermore, these steps/components are not explicitly recited and therefore must be construed at the highest level of generality and amount to mere instructions to implement the abstract idea on a computer. Therefore, the claimed invention does not demonstrate a technologically rooted solution to a computer-centric problem or recite an improvement to another technology or technical field, an improvement to the function of any computer itself, applying the exception with, or by use of, a particular machine, effect a transformation or reduction of a particular article to a different state or thing, add a specific limitation other than what is well-understood, routine and conventional in the field, add unconventional steps that confine the claim to a particular useful application, or provide meaningful limitations beyond generally linking an abstract idea to a particular technological environment such as computing. Viewing the limitations as an ordered combination does not add anything further than looking at the limitations individually. Taking the additional claimed elements individually and in combination, the computer components at each step of the process perform purely generic computer functions. Viewed as a whole, the claims do not purport to improve the functioning of the computer itself, or to improve any other technology or technical field. Use of an unspecified, generic computer does not transform an abstract idea into a patent-eligible invention. Thus, the claims do not amount to significantly more than the abstract idea itself.
Dependent claims 2-11, 13, and 15 add additional limitations, but these only serve to further limit the abstract idea, and hence are nonetheless directed towards fundamentally the same abstract idea as Independent claims.
Claims 2-5 further limit the abstract idea by adding event based trigger for generating communication; design customer communication; detecting one or more of design event or build event using API; detecting deploying event and a compose event via API. These limitations merely adds the words apply it (or an equivalent) with the judicial exception , or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea as discussed in MPEP 2106.05(f). The claims do not provide any new additional elements beyond abstract idea. Therefore, whether analyzed individually or as an ordered combination, they fail to integrate the abstract idea into a practical application or provide significantly more than the abstract idea.
Claims 6-9 & 13 further limit the abstract idea by adding a policy administration system configured to manage and administer a lifecycle of insurance policies; detecting a delivery event via API to delivering the customer communication; generating customer schema upon detecting receipt event and an acknowledgement event; adding a receipt data and an acknowledgement data. These limitations merely adds the words apply it (or an equivalent) with the judicial exception , or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea as discussed in MPEP 2106.05(f). The claims do not provide any new additional elements beyond abstract idea. Therefore, whether analyzed individually or as an ordered combination, they fail to integrate the abstract idea into a practical application or provide significantly more than the abstract idea.
Claim 11 additional element “using K-means unsupervised learning method is recited at high level of generality. The limitation is merely applying K-means unsupervised learning method is no more than putting data into a black box machine learning operation, devoid of technological implementation and application details. Each step requires a generic computer to perform generic computer functions. The claims do not provide any new additional elements beyond abstract idea. Therefore, whether analyzed individually or as an ordered combination, they fail to integrate the abstract idea into a practical application or provide significantly more than the abstract idea.
Claim 15 recites computer program is stored on a non-transitory computer readable storage medium. This limitation merely adds the words apply it (or an equivalent) with the judicial exception , or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea as discussed in MPEP 2106.05(f). The claims do not provide any new additional elements beyond abstract idea. Therefore, whether analyzed individually or as an ordered combination, they fail to integrate the abstract idea into a practical application or provide significantly more than the abstract idea.
The dependent claims do not integrate into a practical application. As such, the additional elements individually or in combination do not integrate the exception into a practical application, but rather, the recitation of any additional element amounts to merely reciting the words “apply it” (or equivalent) with the judicial exception, or merely includes instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea (See MPEP 2106.05(f)). The dependent claims also do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements are merely used to apply the abstract idea to a technological environment. These limitations do not include an improvement to another technology or technical field, an improvement to the functioning of the computer itself, or meaningful limitations beyond generally linking the use of the abstract idea to a particular technological environment. See MPEP 2106.05d. Thus, the claims do not add significantly more to an abstract idea. The claims are ineligible. Therefore, since there are no limitations in the claim that transform the exception into a patent eligible application such that the claim amounts to significantly more than the exception itself, the claims are rejected under 35 USC 101 as being directed to non-statutory subject matter. See (Alice Corporation Pty. Ltd. v. CLS Bank International, et al.).
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 10, 14 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Roselli et al. (US 2012/0179677 A1)
Regarding Claims 1, 14. Roselli discloses the method for managing customer communications (Abstract An integrated customer communications computer system is configured to provide outbound customer communications. [0052] interfacing with a content management application to retrieve a channel layout template, generate the content, apply the content to the template, and transmit the communication to the customer.), the method being implemented by a customer communication system, for each customer, the method comprising:
Roselli discloses generating a composition processing schema comprising attributes of a design process of a customer communication ([0033] select at least one of a message type, a brand, a line of business description, a language, a layout, and a channel; and enter the content and select images to be included in the document, and the communications computer system is configured to display, responsive to the user selection, the template specific for the selected channel and layout. [0038] generating documents associated with the communications in a predefined format, in real-time or in batch, by merging templates comprising static data received from a template repository, dynamic data received from said at least one component of the account opening system [0495] Table 11ICCM Configuration Description Document Content & The ICCM (Integrated Customer Communications Module) solution allows business Templates to send both communications and documents to customers and prospects via support for defining multiple delivery channels), [0509] A set of tools and automated processes to enable IT and business users to design visual aspects of a communication ), the attributes comprising a composition identifier and a composition type ([0027] the communication requests include a request type, a message ID (composition ID), a message version, a product type, a document type (composition type), a channel ID, customer data, and account information, [0500] Table 12 Message List Description 1 RSENDCOMN (composition id) Message for resending a communication (composition type)), the composition type being chosen amongst a batch type, a real type and an interactive type ([0033] the interface for managing the templates and the content is configured to provide the user functionality to request the communications, and the user functionality to request the communications comprises functionality to select the template comprising at least one of header, footer, marketing, body, and web links, [0038] generating documents associated with the communications in a predefined format, in real-time or in batch, by merging templates comprising static data received from a template repository, dynamic data received from said at least one component of the account opening system, [0502] Standard Fixed Format (FF) Meta Data will generally contain all the data necessary to perform the communication such as destination address, DocumentTypelD,(composition type) etc.).
Roselli discloses generating a communication delivery schema comprising attributes of a delivery process of the customer communication, the attributes comprising a communication identifier and a delivery channel ([0028] the communication requests comprise information regarding what documents are to be sent, the dynamic data required to generate the documents, the document formats, the delivery channels, and the data required by the delivery channels. [0116] ICCM output can be delivered through a variety of delivery channels, including multiple channels. ICCM can work with any channel needed by a calling product/service system, including, but not limited to, Internet, E-mail, SMS, Phone (outbound dialer), Print, Fax, ATM, Kiosk, and Secure Messages. Users can receive communication in their language of choice (communication identifier), via their preferred delivery channel(s), when they need it., [0495] Table 11As a result of the need to deliver a communication or document to a customer via the aforementioned channels, the ICCM fulfilment engine will interface with a Group standard content management application so that it can fetch the appropriate channel template, generate personalized, channel optimized content, and distribute the message onto the customer/prospect as required by the business.), and
Roselli discloses generating a customer schema comprising the composition identifier, the communication identifier and the attributes of a customer for whom the customer communication is destined, the attributes comprising a customer identifier. ([0038]maintaining a record of the communications transmitted, including at least one of date, time, channel, and content, and saving the record to a communication history database.[0113] ICCM supports a variety of communication types (print, email, SMS, etc.) and user types (customer, staff, etc.) (attributes), and may work in conjunction with a plurality of account opening component systems to support an overall account opening process. [0125] the communication request provides ICCM with the template IDs/criteria and the processed data (dynamic data) to produce the documents. The communication request also includes information about the delivery channel(s), the addresses to which the communication is to be delivered (customer identifier), when the communication is to be delivered, branding, etc. Fig 63 shows customer history screen [0551] A customer may have a customer ID, and a message history may be displayed, showing messages, for example, by one or more of campaign, subject, date sent, status, template, and archive.)
Claim 14. Roselli teaches the computer program ([0575] This apparatus may be specially constructed for the required purpose or it may comprise a general purpose computer as selectively activated or reconfigured by a computer program stored in the computer.) comprising instructions for performing a method for managing customer communications, the method being implemented by a customer communication system, for each customer, the method comprising
Regarding Claim 2. The method according to claim 1, wherein:
Roselli teaches the generating the composition processing schema, the generating the communication delivery schema and the generating the customer schema are triggered by an event-driven architecture ([0157] ICCM can automatically issue a communication to a customer, based on a trigger event or alert. The events/actions that trigger communications to the customer are configurable by the local entity, and may be automated, semi-automated, or manual.), each event of the event-driven architecture corresponding to a state of a lifecycle of a customer communication management ([0157]The account opening system may automatically raise a trigger or alert, based on an event that has taken place (e.g., when a milestone status changes), to ICCM, requesting that a communication be sent, Fig 63 and [0551] shows customer history screen. A customer may have a customer ID, and a message history may be displayed, showing messages, for example, by one or more of campaign, subject, date sent, status, template, and archive)., and for each event of the event-driven architecture, a state attribute corresponding to the each event is added to one or more of the composition processing schema, the communication delivery schema, the customer schema ([0157] the local entity can set up rules surrounding when these triggers will occur, parameterized so they can choose what type of communication will be sent when an event occurs (e.g., send after n days pending, send when an application status changes, etc.). The account opening system may automatically raise a trigger or alert, based on an event that has taken place (e.g., when a milestone status changes), to ICCM, requesting that a communication be sent. For instance, if an application has been pending for a certain number of days (state attribute), a chaser communication may be required, at various, pre-determined and repeated intervals.).
Regarding Claim 10. The method according to claim 1, further comprising
Roselli teaches one or more of adding one or more additional composition identifiers to the customer schema that is generated, the one or more additional composition identifiers corresponding to an additional customer communication (Fig 63 shows history of all messages, [0496] ICCM maintains a history of the communications that it has processed and also archive composed documents for resend. For this purpose, ICCM maintains a Communications history database where all communications through ICCM are recorded.), and/or adding one or more additional communication identifiers to the customer schema that is generated, the one or more additional communication identifiers corresponding to an additional delivery process of the customer communication and/or the additional customer communication. ( Fig 63 shows customer history screen [0551] A customer may have a customer ID, and a message history may be displayed, showing messages, for example, by one or more of campaign, subject, date sent, status, template, and archive.) [0496] ICCM maintains a history of the communications that it has processed and also archive composed documents for resend. For this purpose, ICCM maintains a Communications history database where all communications through ICCM are recorded., [0565] Users are provided a consolidated view of communications history with retrieve, view, and resend capabilities)
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Roselli et al. (US 2012/0179677 A1) in view of Reil (US 11,888,739 B2), further in view of Bourgoyne (US10,708,662 B1)
Regarding Claim 11. The method according to claim 2, further comprising
Roselli teaches identifying a set of customer schemas having a predetermined customer identifier, the predetermined customer identifier corresponding to a customer ([0393] a predefined list of attribute names (as defined by the data dictionary) and enforcing the format. For example, In "Dear ${first_name} ${last_name}", ${first_name} and ${last_name} are two placeholders for the two variables that to be placed with dynamic data at run-time.),
Roselli teaches retrieving a set of communication identifiers based on the set of customer schemas, retrieving a set of communication delivery schemas based on the set of customer schemas having a predetermined customer identifier ([0472] DataStage will receive various files in batch mode and create the required output for various communication channels, Hist DB, calling Systems and BI. [0473] EAI will be used for integration between calling applications to ICCM real-time controller and ICCM controller to delivery channels. [0477] ICCM delivery channels will use third party vendors for delivering communications out to the users. ), and
Roselli does not teach analysing a behaviour of the customer by using K-Means unsupervised learning method for clustering data points, each data point corresponding to the communication delivery schema, the clustering being based on the state attribute of the set of communication delivery schemas.
Reil teaches analysing a behaviour of the customer by using machine learning method for clustering data points, each data point corresponding to the communication delivery schema, the clustering being based on the state attribute of the set of communication delivery schemas (Col 13 lines 45-55 Intelligent delivery engine 612 uses this tracking information for each message, along with the context information associated with the message to determine the likelihood of success of communicating via each of the available communication channels. In some embodiments, the intelligent delivery system uses a machine learning engine which is trained using the tracking event data to identify which of the communication channels are the most effective for particular types of context data. As additional messages are sent (or delivery of the messages is attempted), the corresponding event data is added to the event database and is used to update the training of the intelligent delivery system. Col 17 lines 3-17 communication generator component 706 may use artificial intelligence and/or machine learning methodologies (using K-Means unsupervised learning method) to compose the runtime communication 802. It may use a communication model that includes a recipient unique identification tag, communication content such as text and/or imagery, and a communication mode, such as email, text, video, audio, etc. Col 17 lines 21-35 runtime communication 802A is sent to the recipient's 850A Facebook/Meta feed based on the attribute and event information (that may include 853) that recipient 850A is most likely, based on past behavior, to respond to Facebook/Meta messages than messages in other modes, such as email. In contrast, another runtime communication 802B may be generated for a recipient 850B that sends the runtime communication 802B to an internal system 832 via an internal system connector 822. Here, runtime communication 802B is sent to the recipient's 850B enterprise email application based on the attribute and event information (again, that may include 853) that recipient 850B is most likely, based on past behavior, to respond to email messages than messages in other modes, such as text services)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included analysing a behaviour of the customer by using machine learning method for clustering data points, each data point corresponding to the communication delivery schema, the clustering being based on the state attribute of the set of communication delivery schemas, as disclosed by Reil in the system disclosed by Roselli, for the motivation of providing a method of performing intelligent delivery services to use user experience data information to route communications to the output channels which are most effective for the specific customers and context of each communication. (Col 11 lines 60-67 Reil).
Roselli/Reil do not specifically teach using K-Means unsupervised learning method for clustering data points
Bourgoyne teaches using K-Means unsupervised learning method for clustering data points (Col 7 lines 61-67 the artificial intelligence component may be implemented using any suitable machine learning algorithm including those categorized as supervised learning (e.g., nearest neighbor, Naive Bayes, decision trees, linear regression, support vector machines, neural networks), unsupervised learning (e.g., K-means clustering), semi-supervised learning, or reinforcement learning (e.g., Q-Learning, temporal difference, deep adversarial networks).)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included using K-Means unsupervised learning method for clustering data points, , as disclosed by Bourgoyne in the system disclosed by Roselli/Reil, for the motivation of providing a method of using artificial intelligence to analyze data (Col 7 lines 60-67 Bourgoyne).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Roselli et al. (US 2012/0179677 A1) in view of Reil (US 11,888,739 B2)
Regarding claim 15. The computer program according to claim 14,
Roselli teaches wherein said computer program is stored on computer readable storage medium.([0575] This apparatus may be specially constructed for the required purpose or it may comprise a general purpose computer as selectively activated or reconfigured by a computer program stored in the computer. ). Roselli does not specifically teach a non-transitory computer readable storage medium
Reil teaches program stored on a non-transitory computer readable storage medium (Col 18 lines 15-21 Each of computers 912, 915 and 916 is an example of a data processing system. ROM 922, 952 and 962; RAM 924, 954 and 964; and HD 926, 956 and 966; can include media that can be read by CPU 920, 950 or 960; and can provide output or receive input via I/O 928, 958, or 968. Therefore, these types of memories include non-transitory computer-readable storage media. These memories may be internal or external to computers 912, 915 or 916.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included program stored on a non-transitory computer readable storage medium, as disclosed by Reil in the system disclosed by Roselli, for the motivation of providing one or more non-transitory computer-readable media storing computer instructions translatable by one or more processors in a computing environment for intelligent delivery of communications (Col 20 lines 42-45 Reil).
Subject Matter without prior art – Claims 3-9, 12-13
Regarding Claim 3. The method according to claim 2, wherein:
Roselli teaches the customer communication system comprises a customer communication management module configured to design customer communications ([0508]-[0511] ICCM provides a variety of core functions including: [0508] Design [0509] A set of tools and automated processes to enable IT and business users to design visual aspects of a communication [0510] Compose [0511] A run time function that merges raw communication data with the communication design to create the eventual communication), an application programming interface configured to enable communication between a communication composition module and the customer communication management module ([0098] ICCM Front End may provide a Send Communication Service API and/or Document Ability Service API. [0469] ICCM Front End provides a Send Communication Service API (this service will allow a Java application to send a communication via ICCM) and/or Document Ability Service API (this service will allow a Java application to check whether a certain doctype (document template ID) is available to be created and subsequently downloaded/printed). [0495] Table 11ICCM Configuration Description Document Content & The ICCM (Integrated Customer Communications Module) solution allows business Templates to send both communications and documents to customers and prospects via support for defining multiple delivery channels), the communication composition module configured to generate the composition processing schema upon detecting one or mor of a design event via the application programming interface ([0157]ICCM can automatically issue a communication to a customer, based on a trigger event or alert. The events/actions that trigger communications to the customer are configurable by the local entity, and may be automated, semi-automated, or manual. For example, the local entity can set up rules surrounding when these triggers will occur, parameterized so they can choose what type of communication will be sent when an event occurs (e.g., send after n days pending, send when an application status changes, etc.). The account opening system may automatically raise a trigger or alert, based on an event that has taken place (e.g., when a milestone status changes), to ICCM, requesting that a communication be sent. For instance, if an application has been pending for a certain number of days, a chaser communication may be required, at various, pre-determined and repeated intervals. [0098] ICCM Front End may provide a Send Communication Service API and/or Document Ability Service API),
Roselli does not specifically teach the design event corresponding to an end of a design phase of a customer communication template, the build event corresponding to an end of a check in and a build of the customer communication based on the customer communication template, the composition processing schema is generated by the communication composition module upon detecting one or more of the design event and the build event produced by the customer communication management module, and the generating the composition processing schema further comprises initializing the composition identifier with a unique identifier, and initializing the composition type with the batch type, the real type and the interactive type.
Reil teaches the design event corresponding to an end of a design phase of a customer communication template (Col 7 lines 36-55 at design time, a user can use the CCM communication flow modeling UX application to model a communication flow. At runtime, a new orchestration server can run the communication flow on the document architecture and make sure that the communication flow works as modeled by the user at design time. Communication flow modeling at design time according to some embodiments. In some embodiments, at design time, a system can receive, from a user device through a launch page, an instruction from a user to open or create a communication flow modeling project (step 101). Responsive to the instruction to open or create the communication flow modeling project, the CCM system may provide the user with a communication flow modeling environment through the orchestration flow modeling UX application that is particularly configured for drag-and-drop communication flow modeling (step 105). The orchestration flow modeling UX application provided by the CCM system is operable to interact with the user so that the user can model a communication flow like communication flow by dragging and dropping modeling entities (e.g., from a modeling entity menu) onto a canvas (step 110). If approved, the communication flow is marked as in an approved state (115). Once the communication flow is the approved state (end of design phase), it is ready for activation and execution by an orchestration server (120).
Anderson (US2024/0372743 A1) discloses initiating mass notifications events (Abstract, [0080] templates may be created in advance of sending out an event, where the template is pre-stored and includes a message indicating the desire to use placeholders for the event, the groups of people or individuals to whom notifications should be sent, or whether to enable SMS, voice or email capabilities, i.e., rules.).; adding a receipt data indicating the customer communication has been received upon detecting the receipt event ([0009] Each recipient has one or more communication facilities, such as a telephone number, email address, messaging address or account, or the like, which can receive messages and, in some instances, can engage in bidirectional communications (e.g., an ability to acknowledge receipt of a message)., and adding a acknowledge data indicating the customer communication has been acknowledged upon detecting the acknowledge event.([0072] Upon receipt of a response from a recipient confirming receipt of a notification, that recipient's data properties are updated accordingly and the recipient may be marked complete with respect to the event.)
Chaudhri (US2013/0268516 A1) discusses allowing users 14, event sponsors 17, or business partners 21 to define and/or automatically determine the "signal" or communication of interest (e.g., a tweet from an individual a user follows a lot) (collectively a signal or communication of interest may be referred to as a "signal of interest" herein) among all the "noise" of uninteresting communications and receive that signal as a special priority or in a separate high priority communications channel (e.g. SMS, special social network or email account).
Reese (US 2003/0191685) discloses event-centric personalized messages. Information regarding a user is received, including event-related information describing a desire by the user to receive information associated with an event at one or more specific time(s) or range(s) of time(s) and/or at one or more specific destination(s). Messages are then sent to the user at the specific time and/or at the specific destination corresponding to that contained in the received information. The messages are selected based on the received information regarding the user.
KR10-2012-0107513 discloses provide an automated capability to deliver interactivity event applications for execution through receiver devices within a broadcast network based on interactivity event application data, information, and sequence logic. Interactivity event content providers may provide broadcast network interactivity event application data, event metadata information, and sequence logic to the broadcast network.
CN10224517 A1 discloses creating contextually-targeted advertisements. An ad creation system (design/build event) utilizes data made available by the W4 COMN to facilitate the creation and placement of advertisements on a message delivery network, such as the W4 COMN itself. the advertisement creating generally relates to advertisement content identification, including text and media objects, and target and delivery parameters.
NPL, Brodie, “Contact point: Helping large organizations collaborate”, 2002 discusses ContactPoint allows individuals to: 1) subscribe to one or more information sources, 2) receive important, action-oriented updates directly to their desktop from these sources
However, prior art fails to teach or suggest at least “the build event corresponding to an end of a check in and a build of the customer communication based on the customer communication template, the composition processing schema is generated by the communication composition module upon detecting one or more of the design event and the build event produced by the customer communication management module, and the generating the composition processing schema further comprises initializing the composition identifier with a unique identifier, and initializing the composition type with the batch type, the real type and the interactive type. The prior art teachings as recited above fail to set forth any sufficient rationale for combining or otherwise modifying any of the relevant prior art to arrive at the claimed invention, as a whole. To arrive at the claimed invention with the precise combination of claimed features would not have been obvious to one of ordinary skill in the art without relying on improper hindsight to substantially reconstruct Applicant's claimed invention. Thus, the aforementioned combination of features claimed, as a whole, are not anticipated nor rendered obvious for any sufficient rationale by any of the prior art teachings. Furthermore, the prior art of record does not anticipate nor render obvious the combination of limitations for the dependent claims 4-9 due to their dependence from claim 3. Further, claim 12 recites subject matter similar to claims 1 & 3 and Prior art fails to teach at least “design customer communications, package and register said customer communications and produce at least one event to a communication composition module via an application programming interface configured to enable communication between the customer communication management module and the communication composition module..” therefore prior art does not teach claim 13 dues to dependence from claim 12.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Doumar (US 2023/0017090) discloses messaging-triggered sales lead redirection which uses an interaction control server to facilitate initial communications between potential buyers and sales representatives of sellers.
Gutzeit (US 2023/0300094) discloses receiving a set of client information from a user of a second unit of the organization, wherein the set of client information comprises a second communication channel identifier; generating, based on the set of client information, a second client profile; comparing the second communication channel identifier with one or more existing communication channel identifiers of the communication platform;
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANGEETA BAHL whose telephone number is (571)270-7779. The examiner can normally be reached 7:30 - 4PM.
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/SANGEETA BAHL/Primary Examiner, Art Unit 3626
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