Prosecution Insights
Last updated: May 29, 2026
Application No. 19/252,623

System and Method for Auto-Provisioning AI-Based Dialog Service

Non-Final OA §103§112
Filed
Jun 27, 2025
Priority
Jun 18, 2018 — provisional 62/686,212 +2 more
Examiner
PHAM, KHANH B
Art Unit
2166
Tech Center
2100 — Computer Architecture & Software
Assignee
Nextiva, Inc.
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
607 granted / 839 resolved
+17.3% vs TC avg
Strong +15% interview lift
Without
With
+15.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
35 currently pending
Career history
871
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
56.5%
+16.5% vs TC avg
§102
26.1%
-13.9% vs TC avg
§112
0.6%
-39.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 839 resolved cases

Office Action

§103 §112
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 . Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 2-7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 2-7 recite the limitation "the system of claim 1" in line 1. There is insufficient antecedent basis for this limitation in the claims. 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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Magliozzi (2024/0414109 A1), hereinafter “Magliozzi”, and in view of Yu et al. (US 10,659,464 B1, Applicant’s submitted IDS filed 6/30/2025), hereinafter “Yu”. As per claim 1, Magliozzi teaches: “an architecture comprising a run time engine, provisioning server, load balancer and a third party protocol gateway” at [0026] and Fig. 1; (Magliozzi teaches a chatbot system 100 comprising processor 106, dialogue manager 108 and NLP server 110, load balancer 104 and User communications interface 102 and administrator communications interface 114) “the architecture configured to provisioning and coordination of auto-provisioning artificial intelligence based dialogs by: coordinating, by the run time engine, one or more bot services supplied by a third party” at [0026]; (Magliozzi teaches the chatbot system 100 is configured to provision and coordination of a chatbot service) “communicating, by the load balancer, with one or more external services to perform one or more of: balancing internet traffic across multiple geographies, providing disaster recovery capability and providing high availability” at [0027]; (Magliozzi teaches the load balancer 104 analyses user interaction to distribute and optimizes the workload for the dialogue manager 108, the NLP server 110, the first communications interface 102 and the second communication interface 114) “establishing, by the third party protocol gateway, external communications between the architecture and one or more third party platforms” at [0027]; (Magliozzi teaches the first communications interface 102 enables bidirectional communication between a user and the chatbot system 100; the second communication interface 114 enables bidirectional communication between an administrator and the chatbot system 100) “sending, by the third party protocol gateway, text or voice-based messages to be processed downstream by a contact center platform or digital engagement platform” at [0029], [0034]. (Magliozzi teaches the user initiates a conversation with the chatbot system 100 by sending messages from his or her phone or computer via the first communications interface 102. The dialogue manger 108 can then then trigger a workflow to engage the user in conversation, the workflow can include a sequence of operations to ask the user follow-up questions, chat with the user, obtain responses, and store them in the database) Magliozzi does not explicitly teach “obtaining credential and access tokens, by the provisioning server, from third party platforms and applications” as claimed. However, Yu teaches a method for securely authenticating a chatbot user including the step of “obtaining credential and access tokens, by the provisioning server, from third party platforms and applications” at Col. 6 line 35 to Col. 8 line 65 and Figs. 2-3. Thus, it would have been obvious to one of ordinary skill in the art to combine You with Magliozzi’s teaching because “by utilizing these steps, the third-party application servers, the bot website server, and the electronic devices associated with the system…may all communicate silently (or invisibly) to the user. Furthermore, the user and/or the developer may not incur an additional burden. For instance, successful authentication of the user may occur without the user being required to manually copy and past a magic number and/or without the developer being required to verify a signature”, as suggested by Yu at Col. 8 line 65 to Col. 9 line 5. As per claim 2, Magliozzi and Yu teach the system of claim 1 discussed above. Yu also teaches: wherein the architecture is further configured to provide provisioning and coordination of auto-provisioning artificial intelligence based dialogs by: providing, by the provisioning server, secret API keys; obtaining, by the provisioning server, artificial intelligence or deploy codes from third party artificial intelligence platforms; and supplying, by the provisioning server, token and secret exchange to validate credentialed users of an administration and authorization site” at Col. 6 line 35 to Col. 8 line 65 and Figs. 2-3 As per claim 3, Magliozzi and Yu teach the system of claim 1 discussed above. Magliozzi also teaches: wherein “the one or more external services comprise one or more DNS services” at [0026]-[0027]. As per claim 4, Magliozzi and Yu teach the system of claim 1 discussed above. Magliozzi also teaches: wherein “the third party protocol gateway comprises one or more of: protocols, instructions, and credentials for communicating with one or more of: one or more third party automatic call distributors, email delivery platforms, text gateways, chat platforms, websites and social sites” at [0029]-[0030]. As per claim 5, Magliozzi and Yu teach the system of claim 1 discussed above. Magliozzi also teaches: wherein “the text or voice-based messages are distributed among customer service representatives” at [0041]. As per claim 6, Magliozzi and Yu teach the system of claim 1 discussed above. Magliozzi also teaches: wherein “the architecture is further configured to provide provisioning and coordination of auto-provisioning artificial intelligence based dialogs by: redirecting, by the load balancer, communications from a failed component to a working component to establish redundancy in a network” at [0031]-[0032] As per claim 7, Magliozzi and Yu teach the system of claim 1 discussed above. Magliozzi also teaches: wherein “the third party protocol gateway comprises: a plurality of communication applications configured to pass command and control information between the architecture and one or more third party platforms” at [0026]-[0027]. Claims 8-20 recite similar limitations as in claims 1-7 and are therefore rejected by the same reasons. Conclusion Examiner's Note: Examiner has cited particular columns and line numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner. In the case of amending the Claimed invention, Applicant is respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and also to verify and ascertain the metes and bounds of the claimed invention. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHANH B PHAM whose telephone number is (571)272-4116. The examiner can normally be reached Monday - Friday, 8am to 4pm. 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, Sanjiv Shah can be reached at (571)272-4098. 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. /KHANH B PHAM/Primary Examiner, Art Unit 2166 April 21, 2026
Read full office action

Prosecution Timeline

Jun 27, 2025
Application Filed
Apr 29, 2026
Non-Final Rejection mailed — §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
88%
With Interview (+15.4%)
3y 3m (~2y 4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 839 resolved cases by this examiner. Grant probability derived from career allowance rate.

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