Detailed Action
This communication is in response to the Application filed on 5/02/2025.
Claims 1-7 are pending and have been examined.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 8/18/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-7 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Independent claim 1 recites,
“1. A method for improving interactions over a computer network, comprising:
providing a first voice-responsive avatar for registering users with a service over the computer network; [This relates to a series of information processing/mental like steps that a human can perform using pen and paper to register a user with a service.]
providing a second voice-responsive avatar for monitoring physical conditions of the users registered with the service over the computer network; and [This relates to a series of information processing/mental like steps that a human can perform using observation of physical conditions.]
storing interactions of users with the first voice-responsive avatar and the second voice- responsive avatar in a database used by a large language model (LLM) program to analyze interactions with the users, and [This relates to a series of information processing/mental like steps and that a human can perform using observation to analyze interactions.]
to iteratively improve performance of the first voice-responsive avatar and the second voice-responsive avatar for subsequent users, [This relates to a series of information processing/mental like steps and mathematical operations that a human can perform.]
wherein the first voice- responsive avatar and the second voice-responsive avatar are provisioned to reduce network latency.
[This relates to a series of information processing/mental like steps and mathematical operations that a human can perform.] no additional limitations.
The Dependent Claims do not include additional limitations that could incorporate the abstract idea into a practical application or cause the Claim as a whole to amount to significantly more than the underlying abstract idea.
Dependent claim 2 recites,
“2. The method of claim 1 wherein the service is a clinical study. [This relates to a series of information processing/mental like steps and mathematical operations that a human can perform.] no additional limitations.
Dependent claim 3 recites,
“3. The method of claim 1 wherein registration of users comprises obtaining consent of the users. [This relates to a series of information processing/mental like steps that a human can perform using pen and paper.] no additional limitations.
Dependent claim 4 recites,
“4. The method of claim 1 wherein the physical condition comprises at least one of a blood pressure, a respiratory rate, a body temperature, a pulse rate, a blood oxygenation level and a heart condition of the user. [This relates to a series of information processing/mental like steps that a human can perform by observing vital signs] no additional limitations.
Dependent claim 5 recites,
“5. The method of claim 1, further comprising monitoring the physical condition with a device attached to each user that wirelessly communicates vital signs corresponding to the physical conditional over the computer network for secure storage and retrieval. [This relates to a series of information processing/mental like steps and that a human can perform.] a device is noted as an additional limitation. Wireless transmission is noted as insignificant extra-solution activity.
Dependent claim 7 recites,
“6. The method of claim 1, further comprising providing a communication interface to a staff of the service for interacting with the users when at least one of the first voice-responsive avatar and the second voice-responsive avatar are not functioning. [This relates to a series of information processing/mental like steps that a human can perform by contacting staff.] no additional limitations.
Dependent claim 7 recites,
“7. The method of claim 1, wherein at least one of the first voice-responsive avatar and the second voice-responsive avatar communicate verbally with the users using a natural language model that is multi-lingual. [This relates to a series of information processing/mental like steps and that a human can perform using natural language processing in the human mind.] no additional limitations.
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.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Brown (U.S. Patent Number US 11829684 B2), in view of Paz (U.S. Patent Number US 20260245720 A1).
Regarding Claim 1, Brown teaches 1. A method for improving interactions over a computer network, comprising: providing a first voice-responsive avatar for registering users with a service over the computer network; (see Brown Figure 1 Element 128 (examiner notes first avatar as element 128)) (see Brown (6:40-55) “(24) To illustrate, a patient may navigate to a platform of a healthcare entity that includes a virtual assistant. The virtual assistant may include an avatar that resembles a human representative of the service provider (e.g., that represents a human face). In addition, the conversation GUI is provided to facilitate user input. The input may be a command, a statement, a query, an answer, and the like. In some instances, the patient may type the query, while in other instances the patient may provide input audibly, through touch, gesture, or in any other manner. A query may comprise a question (e.g., a patient might ask “When can I see my doctor?” on a hospital website) (examiner notes “hospital website” is over a network) or may simply comprise one or more keywords or a phrase (e.g., “make an appointment”). (see Brown (15:35-40) “(71) The instructions, “I want to check in.” includes the concept 706 of checking in and registering, but the target of this action is not explicitly specified by the patient 102. The response is developed by the virtual-assistant service 116 through use of the context 708 as discussed in FIG. 7B.”) (see Brown (9:40-45) “ (39)…may forward the conversation to a human assistant 128 who can continue the conversation with the patient 102.”) providing a second voice-responsive avatar(see Brown Figure 2A Element 118) for monitoring physical conditions of the users registered with the service (see Brown Figure 3 “diabetes information” “ remote health check-in”, Figure 4 “walking History” element 120(3))(examiner notes figures 3 and 4 show the monitoring of physical conditions) (see Brown (8:55-9:5) (37) The conversation GUI 114 engages the patient 102 in a conversation that emulates human conversation. In some cases, the conversation GUI 114 may include a virtual assistant that has a human-like personality and persona. The virtual assistant may include an avatar 118 that resembles a human, as represented by a picture. The avatar 118 may be an animated character that can take on any number of shapes and appearances, and resembles a human talking to the patient 102. The avatar 118 may be arranged as a representative of the service provider 106, and hence be associated with the content 112 as shown. Alternatively, the avatar 118 may be a dedicated personal assistant to the patient 102, and hence be associated with the conversation GUI 114, either as part of the panel area or elsewhere in the UI 110, but displayed in association with the conversation GUI 114.”)over the computer network; and (see Brown (11:1-5) “ (48) In either instance, the content 202 here represents a home page of an example healthcare entity. The content includes a title of the page, a welcome statement, and links to possible service offerings (e.g., Prescribed Medication, Medical Research, etc.).”) (examiner notes the “home page” is over a network) storing interactions of users with the first voice-responsive avatar and the second voice- responsive avatar in a database (see Brown (16:14-25) “(76) The memory 134 may store or otherwise have access to the conversation GUI 114 and the variable-response module 126. The variable-response module 126 may include a natural language processing module 802, a context-determination module 804, an intent-mapping module 806, and a response-mapping module 808. In addition, the memory 134 may also store or otherwise have access to a datastore of one or more concepts 810, a datastore of one or more contexts 812, a datastore of one or more intents 814, and a datastore of one or more responses 816.”) (see Brown 17:23-35) “(82) As a second example, consider a query from the patient asking “How do I treat my code?” Even though the speech recognition might correctly process the verbal input when the patient is speaking a normal voice, the learning module 118 may recognize from past input that “code” can mean “cold” when the patient has a stuffed up nose. The virtual assistant service 116 will use the learned correction and make a new assumption that the patient means “cold” and additionally obtain the piece of context indicating that one of the patient's symptoms is a stuffy nose.”)used by a large language model (LLM) program to analyze interactions with the users, and (see Brown (12:40-50) “(56) The query 210 (examiner interprets interactions as “the query”) is handled by the variable-response module 126. A natural language processing (NLP) module 216 is provided as part of the variable-response module 126. The NLP module 216 receives the speech parts output by the speech recognition engine 208 and attempts to order them into logical words and phrases. The NLP module 216 may employ one or more language models to aid in this interpretation. The variable-response module 126 ultimately processes a response to be returned to the electronic device 104.”)
Brown does not specifically teach to iteratively improve performance of the first voice-responsive avatar and the second voice-responsive avatar for subsequent users, However, Paz does teach this limitation (see Paz [0150] According to some embodiments, as patients interact with their virtual caregiver avatars, relevant data may be seamlessly integrated into the EMR, completing the patient's medical history. Optionally, such a process facilitates updating. For example, the system may amend EMRs to remain up-to-date and/or comprehensive and/or to offering a holistic view of the patient's health journey.”) wherein the first voice- responsive avatar and the second voice-responsive avatar are provisioned to reduce network latency. (see Paz [0105] “According to some embodiments, the described system and method may leverage advanced technologies, such as virtual avatars, language models AI, and integrated modules, for assessment and/or documentation. Optionally, the system may enhance the efficiency, accuracy, and/or personalization (examiner interprets reduce latency as “system may enhance the efficiency, accuracy,”) of patient care. Optionally, the system may benefit patients and/or caregivers in a wide range of medical specialties and/or healthcare settings.”)
Brown and Paz are in the same field of endeavor of signal processing, therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Brown to incorporate to iteratively improve performance of the first voice-responsive avatar and the second voice-responsive avatar for subsequent users, wherein the first voice- responsive avatar and the second voice-responsive avatar are provisioned to reduce network latency of Paz. This allows for enhanced efficiency, accuracy, and/or personalization of patient care as recognized by Paz [0105].
As to Claim 2, Brown in view of Paz teaches: 2. The method of claim 1
Furthermore, Brown teaches wherein the service is a clinical study. (see Brown (5:1-10) “(16) Overlay this challenge with the desire and need to accurately provide sophisticated information in the healthcare arena. The patient may be asking about prescriptions, mediation applications, hospital or doctor protocols, medical research, and how to pay bills or use insurance. The virtual healthcare assistant is provided to front end the data aggregation and analysis back ends that manage healthcare information. (examiner interprets clinical study as “medical research”)”)
As to Claim 3, Brown in view of Paz teaches: 3. The method of claim 1
Furthermore, Paz teaches, wherein registration of users comprises obtaining consent of the users. (See Paz [0088] According to some embodiments, the avatar may support the informed consent process, e.g., by presenting information in a conversational manner, using language that patients can understand, showing visual aids, providing a sympathetic ear, etc. Optionally, the avatar may facilitate that patients comprehend the details of tests and/or procedures, check their understanding, and/or provides a summary for signing by the patient and/or caregiver.”)
Brown in view of Paz are in the same field of endeavor of signal processing, therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of combination of Brown and Paz to incorporate registration of users comprises obtaining consent of the users of Paz. This allows for effective communication and/or understanding as recognized by Paz [0087].
As to claim 4, Brown in view of Paz teaches 4. The method of claim 1
Furthermore, Brown teaches wherein the physical condition comprises at least one of a blood pressure, (See Brown (14:37-39) “(67) …blood pressure”)
Furthermore, Paz teaches a respiratory rate, a body temperature, a pulse rate, a blood oxygenation level and a heart condition of the user. (see Paz [0021] According to some embodiments of the invention, the processor is configured to supervise the subject performing at least one home task to measure a medical parameter selected from: hrv, blood pressure, eye pressure, temperature, o2 saturation, blood glucose, breathing gases, respiratory volumes, breathing sounds, heart sounds, skin sympathetic activity, ecg, eeg.”)
Brown in view of Paz are in the same field of endeavor of signal processing, therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of combination of Brown and Paz to incorporate a respiratory rate, a body temperature, a pulse rate, a blood oxygenation level and a heart condition of the user of Paz. This allows for improved medical practices as recognized by Paz [0099].
As to Claim 5 Brown in view of Paz teaches 5. The method of claim 1,
Furthermore, Paz teaches further comprising monitoring the physical condition with a device attached to each user that wirelessly communicates vital signs corresponding to the physical conditional over the computer network for secure storage and retrieval. (see Paz [0023] “According to some embodiments of the invention, the system further includes at least one of wherein the processor is configured to guide and monitor the subject performing at least one task using at least one of a remote camera, a microphone, a gps, a proximity sensor, a hrv sensor, an accelerometer, a stepping sensor, a gyroscope, a blood gases sensor, a glucose sensor, a sympathetic activity sensor, a sweat sensors, a breathing volume sensor, a gas sensor, a metabolic rate sensor, a blood pressure tester, an ecg, an eeg, an electromyography sensor, a bioimpedance sensor.”)(see Paz [0096] According to some embodiments, the system may include modules for remote physiological measurements.(examiner interprets wirelessly communicates as “remote…measurements”) Optionally, the system may be configured to monitor and/or evaluate the patient by photoplethysmography (PPG) of the face. Optionally, the system may evaluate pulse rate variability, oxygen saturation, breathing rate, blood pressure, blood glucose levels, etc. Optionally, the system may use non-invasive measurements to provide real-time assessment of vital signs during the conversation. Optionally, real-time assessment of vital signs may contribute to a comprehensive evaluation of a patient's condition.”)
Brown in view of Paz are in the same field of endeavor of signal processing, therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Brown and Paz to incorporate monitoring the physical condition with a device attached to each user that wirelessly communicates vital signs corresponding to the physical conditional over the computer network for secure storage and retrieval of Paz. This allows for improved medical practices as recognized by Paz [0099].
As to claim 6, Brown in view of Paz teaches 6. The method of claim 1,
Furthermore, Paz teaches further comprising providing a communication interface to a staff of the service for interacting with the users when at least one of the first voice-responsive avatar and the second voice-responsive avatar are not functioning. (See Paz [0121] According to some embodiments, the system may include instructions limiting and/or controlling the AI. Optionally, the AI may be prevented from taking certain actions, (examiner interprets not functioning as “prevented from taking certain actions”) e.g., prescribing treatments without approval of a caregiver, suggesting tests and/or actions that may be dangerous, stressful, objectionable to a particular patient, etc.
Brown in view of Paz are in the same field of endeavor of signal processing, therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Brown and Paz to incorporate providing a communication interface to a staff of the service for interacting with the users when at least one of the first voice-responsive avatar and the second voice-responsive avatar are not functioning of Paz. This allows for prevention of dangerous situations as recognized by Paz [0121].
As to claim 7, Brown in view of Paz teaches 7. The method of claim 1,
Furthermore, Paz teaches wherein at least one of the first voice-responsive avatar and the second voice-responsive avatar communicate verbally with the users using a natural language model that is multi-lingual. (See Paz [0092] “According to some embodiments, the system may recognize the importance of language preferences and/or patient understanding. Optionally, the avatar's language may be changed according to the patient's preference (e.g., Spanish, English, German, Chinese, etc.).”)
Brown in view of Paz are in the same field of endeavor of signal processing, therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Brown and Paz to incorporate at least one of the first voice-responsive avatar and the second voice-responsive avatar communicate verbally with the users using a natural language model that is multi-lingual of Paz. This allows for effective communication and/or promote patient-centered care as recognized by Paz [0099].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Narayan (US Publication No. US 20260081013 A1) METHOD OF COMMUNICATING AND PROVIDING ROBUST CRITICAL FORMULATION OF HEALTH-RELATED CLINICAL DATA AND GUIDANCE OF A PATIENT USING CONVERSATIONAL AND ACTIONABLE ARTIFICIAL INTELLIGENCE (AI) AND NATURAL LANGUAGE PROCESSING (NLP)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTEN MICHELLE MASTERS whose telephone number is (703)756-1274. The examiner can normally be reached M-F 8:30 AM - 5:00 PM.
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/KRISTEN MICHELLE MASTERS/Examiner, Art Unit 2659
/PIERRE LOUIS DESIR/Supervisory Patent Examiner, Art Unit 2659
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