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 .
This communication is responsive to the application filed on October 9, 2025. Claims 1-20 are pending at the time of examination.
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 of the instant application are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,461,979. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1-20 are directed to
Instant application Patent (‘979)
1. A system comprising: a non-transitory computer-readable medium; and one or more processors communicatively coupled to the non-transitory computer-readable medium and configured to execute processor-executable instructions stored in the non-transitory computer-readable medium to: receive, by a query detection engine, a first query from a first client device, wherein the first query is a request for assistance with issues related to goods or services; map, by the query detection engine, the first query to a first cluster of a plurality of clusters, wherein the plurality of clusters is generated by a cluster engine of the query detection engine in-real time as queries are received; generate, by the query detection engine, a confidence score of the mapping for the first query to the first cluster; determine, by the query detection engine, that the first query is a first emergent query based on the confidence score; and generate, by the query detection engine, an alert of the first emergent query.
1. A system comprising: a non-transitory computer-readable medium; and one or more processors communicatively coupled to the non-transitory computer-readable medium and configured to execute processor-executable instructions stored in the non-transitory computer-readable medium to: receive, by a query detection engine, a plurality of queries from a plurality of client devices over a period of time, wherein each query of the plurality of queries is a request for assistance with issues related to goods or services; process, by the query detection engine, each of the plurality of queries to generate a plurality of processed queries; generate, by the query detection engine, a plurality of embeddings based on the plurality of processed queries, wherein each of the plurality of embeddings corresponds to a respective processed query of the plurality of processed queries; group, by a cluster engine of the query detection engine, the plurality of embeddings into a plurality of clusters in real-time as queries are received from the plurality of client devices, wherein each of the plurality of clusters comprises a subset of processed queries from the plurality of processed queries; generate, by the query detection engine, a cluster topic for each cluster of the plurality of clusters; receive, by the query detection engine, a first query from a first client device at a first time within the period of time; map, by the query detection engine, the first query to a first cluster of the plurality of clusters; generate, by the query detection engine, a confidence score for the first query based on mapping the first query to the first cluster; determine, by the query detection engine, that the first query is a first emergent query based on the confidence score; and generate, by the query detection engine, an alert of the first emergent query.
8. A method comprising: receiving, by a query detection engine, a first query from a first client device, wherein the first query is a request for assistance with issues related to goods or services; mapping, by the query detection engine, the first query to a first cluster of a plurality of clusters, wherein the plurality of clusters is generated, in real-time as queries are received, by a cluster engine of the query detection engine; generating, by the query detection engine, a confidence score of the mapping for the first query to the first cluster; determining, by the query detection engine, that the first query is a first emergent query based on the confidence score; and generating, by the query detection engine, an alert of the first emergent query.
8. A method comprising: receiving, by a query detection engine, a plurality of queries from a plurality of client devices over a period of time, wherein each query of the plurality of queries is a request for assistance with issues related to goods or services; processing, by the query detection engine, each of the plurality of queries to generate a plurality of processed queries; generating, by the query detection engine, a plurality of embeddings based on the plurality of processed queries, wherein each of the plurality of embeddings corresponds to a respective processed query of the plurality of processed queries; grouping, by a cluster engine of the query detection engine, the plurality of embeddings into a plurality of clusters in real-time as queries are received from the plurality of client devices, wherein each of the plurality of clusters comprises a subset of processed queries from the plurality of processed queries; generating, by the query detection engine, a cluster topic for each cluster of the plurality of clusters; receiving, by the query detection engine, a first query from a first client device at a first time within the period of time; mapping, by the query detection engine, the first query to a first cluster of the plurality of clusters; generating, by the query detection engine, a confidence score for the first query based on mapping the first query to the first cluster; determining, by the query detection engine, that the first query is a first emergent query based on the confidence score; and generating, by the query detection engine, an alert of the first emergent query.
15. A non-transitory computer-readable medium comprising processor-executable instructions configured to cause one or more processors to: receive, by a query detection engine, a first query from a first client device, wherein the first query is a request for assistance with issues related to goods or services; map, by the query detection engine, the first query to a first cluster of a plurality of clusters, wherein the plurality of clusters is generated, in real-time as queries are received, by a cluster engine of the query detection engine; determine, by the query detection engine, that the first query is a first emergent query based on the mapping; and generate, by the query detection engine, an alert of the first emergent query.
15. A non-transitory computer-readable medium comprising processor-executable instructions configured to cause one or more processors to: receive, by a query detection engine, a plurality of queries from a plurality of client devices over a period of time, wherein each query of the plurality of queries is a request for assistance with issues related to goods or services; process, by the query detection engine, each of the plurality of queries to generate a plurality of processed queries; generate, by the query detection engine, a plurality of embeddings based on the plurality of processed queries, wherein each of the plurality of embeddings corresponds to a respective processed query of the plurality of processed queries; group, by a cluster engine of the query detection engine, the plurality of embeddings into a plurality of clusters in real-time as queries are received from the plurality of client devices, wherein each of the plurality of clusters comprises a subset of processed queries from the plurality of processed queries; generate, by the query detection engine, a cluster topic for each cluster of the plurality of clusters; receive, by the query detection engine, a first query from a first client device at a first time within the period of time; map, by the query detection engine, the first query to a first cluster of the plurality of clusters; generate, by the query detection engine, a confidence score for the first query based on mapping the first query to the first cluster; determine, by the query detection engine, that the first query is a first emergent query based on the confidence score; and generate, by the query detection engine, an alert of the first emergent query.
After analyzing the language claim of the claims, it is clear that claims 1-20 of the instant application are merely an obvious variation of claims 1-20 of U.S. Patent No. 12,461,979. While claims 1-20 of the instant application is slightly broader than claims 1-20 of U.S. Patent No. 12,461,979, this difference is not enough to distinguish the two instant application claims and the patent claims. With respect to the language and the disclosure of the instant application not only fail to distinguish it from U.S. Patent No. 12,461,979, but indicate that it is merely a subset of the Patent No. 12,461,979. These differences are not sufficient to render the claims patentably distinct, and therefore, claims 1-20 of the instant application are valid.
A later patent/application claim is not patentably distinct from an earlier claim if the later claim is anticipated by the earlier claim.
Prior Arts of Records
SALOWITZ et al. (US 20250005072) discloses the method and system involve providing a search query to a machine learning model. A query embedding vector is received from the machine learning module that represents the search query in an embedding space. An interaction embedding module is selected from a set of interactive embedding vectors based on a distance between the query and the interaction vectors (paragraph 0006).
Young et al. (US 2023/0252497) discloses systems and methods for measuring impact of online search queries on user actions. The method includes capturing clickstream data entered via a website, the clickstream data including text-based queries associated with web searches, and clustering the queries to generate query clusters. The method also includes assigning each query cluster to an intent such that each assigned intent estimates a desired action behind the queries in the corresponding query cluster. The method further includes mapping each intent assigned to a query cluster to at least one action motivated by the intent. The method also includes computing metrics using the mapping to quantitatively measure the impact of the queries on the mapped actions by tracking performance of the actions within a predefined time period after the queries (Abstract).
COWBURN et al. (US Patent No. 11,250,081) discloses that user accounts are organized into various groupings. Candidate search queries are determined for the groups into which a user account is included. A predicted search query is selected from the candidate search queries and communicated to the client before an input of a portion of a search query by a user of the client (Abstract).
Conclusion
The prior art made of record, listed on form PTO-892, and not relied upon, if any, is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEBBIE M LE whose telephone number is (571)272-4111. The examiner can normally be reached 9:00-5:00.
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/DEBBIE M LE/Primary Examiner, Art Unit 2168 September 2, 2026
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