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 .
Double Patenting
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 1-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,922,355. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of U.S. Patent No. 11,922,355 recites “A method, comprising … the contact center engagement associated with a sentiment-based score initialized based on a past contact center engagement involving the contact center user; and transmitting, from the device of the second contact center service operator, a request for the second contact center service operator to participate in the contact center engagement based on an update to the sentiment-based score during the contact center engagement”, and claim 1 of the present application recites “A method, comprising: updating a sentiment-based score, initialized based on past contact center engagement data associated with a contact center user, for a contact center engagement between the contact center user and a first contact center service operator based on one or more interactions during the contact center engagement; and establishing, based on the updated sentiment-based score, a contact center session between the contact center user and a second contact center service operator”.
U.S. Patent 11,922,355
A method, comprising … the contact center engagement associated with a sentiment-based score initialized based on a past contact center engagement involving the contact center user …
Application 19/083,929
A method, comprising: updating a sentiment-based score, initialized based on past contact center engagement data associated with a contact center user …
U.S. Patent 11,922,355
… transmitting, from the device of the second contact center service operator, a request for the second contact center service operator to participate in the contact center engagement based on an update to the sentiment-based score during the contact center engagement
Application 19/083,929
… for a contact center engagement between the contact center user and a first contact center service operator based on one or more interactions during the contact center engagement; and establishing, based on the updated sentiment-based score, a contact center session between the contact center user and a second contact center service operator
Claim 11 recites similar limitations as claim 1. Therefore, claims 11-14 are rejected under the nontransitory double patenting rejection as claim1 above. Claims 11-14 are rejected in regards to claim 10 of U.S. Patent No. 11,922,355.
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.
Claim(s) s 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Benkreira et al. (US Patent 10,395,648).
In regards to claims 1, 11, and 15, Benkreira discloses a method, a non-transitory computer readable medium, and a system, comprising: updating a sentiment-based score, initialized based on past contact center engagement data associated with a contact center user, for a contact center engagement between the contact center user and a first contact center service operator based on one or more interactions during the contact center engagement (See col. 15 lines 46-59); and establishing, based on the updated sentiment-based score, a contact center session between the contact center user and a second contact center service operator (See col. 17 lines 35-55).
In regards to claim 2, Benkreira discloses the method, comprising: initializing the sentiment-based score based on the past contact center engagement data at a start of the contact center engagement (See col. 15 lines 22-28).
In regards to claims 3, 13, 14, and 17, Benkreira discloses the method, non-transitory computer readable medium, and system, comprising: indicating the updated sentiment-based score within a graphical user interface displaying information associated with multiple contact center engagements at a device of the second contact center service operator (See col. 24-25 lines 62-4).
In regards to claim 4, Benkreira discloses the method, wherein the contact center session is established based on a request, received from a device of the second contact center service operator, to participate in the contact center engagement (See col. 25 lines 26-38).
In regards to claim 5, Benkreira discloses the method, the method comprising: transmitting, based on the request to participate in the contact center engagement, information associated with the contact center engagement to the device of the second contact center service operator (See col. 25 lines 26-38).
In regards to claims 6, 12, and 16, Benkreira discloses the method, non-transitory computer readable medium, and system, wherein the request to participate in the contact center engagement is a request to monitor the contact center engagement and the contact center session is established to provide audio of the contact center engagement to the device of the second contact center service operator (See col. 27-28 lines 58-3).
In regards to claim 7, Benkreira discloses the method, wherein the request to participate in the contact center engagement is a request to communicate with the first contact center service operator and the contact center session is established to enable communications between a device of the first contact center service operator and the device of the second contact center service operator during the contact center engagement (See col. 27-28 lines 58-3).
In regards to claim 8, Benkreira discloses the method, wherein the request to participate in the contact center engagement is a request to join the contact center engagement and the contact center session is established to enable the second contact center service operator to communicate with the contact center user during the contact center engagement (See col. 27-28 lines 58-3).
In regards to claim 9, Benkreira discloses the method, wherein the first contact center service operator is a contact center agent and the second contact center service operator is a contact center supervisor (See col. 27-28 lines 58-3).
In regards to claim 10, Benkreira discloses the method, wherein the first contact center service operator is a contact center chatbot and the second contact center service operator is one of a contact center agent or a contact center supervisor (See col. 4-5 lines 57-6).
In regards to claim 18, Benkreira discloses the system, wherein the sentiment-based score is updated based on at least one of words, tones, inflections, phrases, pauses, speech volumes, or speech speeds from either of the contact center user to the first contact center service operator or from the first contact center service operator to the contact center user (See col. 15 lines 22-45).
In regards to claim 19, Benkreira discloses the system, wherein the sentiment-based score is updated at one or more times during the contact center engagement (See col. 15 lines 22-28).
In regards to claim 20, Benkreira discloses the system, wherein the second contact center service operator is one of a contact center agent or a contact center supervisor (See col. 27-28 lines 58-3).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THJUAN KNOWLIN ADDY whose telephone number is (571)272-7486. The examiner can normally be reached 8:30AM - 5:00PM Mon-Fri.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ahmad Matar can be reached at (571) 272-7488. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/THJUAN K ADDY/Primary Examiner, Art Unit 2693
Prosecution Insights