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 .
Remarks
Claims 1-20 are pending.
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.
Claim 1 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites “A method comprising: receiving, by a processor of a response generator, a user request including a natural-language prompt and build data, the response generator formed as a network-connected device, the build data including a first database identifier selected from a plurality of database identifiers and a first target count associated with the first database identifier; querying, by a language model, a first vector database identified by the first database identifier based on the natural-language prompt to retrieve first initial information, wherein: the first vector database comprises a first plurality of vectors; each vector of the first plurality of vectors is representative of a text segment of a first plurality of text segments, the first plurality of text segments generated based on a first plurality of documents; and the first initial information includes text segments of the first plurality of text segments; generating, by the response generator in response to receiving the first initial information, modified response information including a first count of text segments of the first plurality of text segments, the modified response information based on the first initial information and the build data, and the first count of text segments generated based on the first target count; generating, by the response generator, a responsive prompt based on the modified response information and the natural-language prompt; providing, by the response generator, the responsive prompt to the language model to generate natural-language responsive text; and outputting, by the response generator, a responsive output that includes the natural-language responsive text”.
The limitations of “A method comprising: text segment of a first plurality of text segments, the first plurality of text segments generated based on a first plurality of documents; and the first initial information includes text segments of the first plurality of text segments; generating,
This judicial exception is not integrated into a practical application. In particular, the claim recites an additional element – using “a processor” and “a network-connected device” to perform the claimed steps. The “processor” and “network-connected device” in these steps is recited at a high-level of generality (i.e., as “a processor” and “a network-connected device” performing generic computer functions) such that it amounts no more than mere instructions to apply the exception using a generic computer component. The claim also recites the additional elements of “receiving, by
The claim does 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 of using “a processor” and “a network-connected device” to perform the claimed steps amounts to no more than mere instructions to apply the exception using a generic computer component. The claim also recites the additional elements of “receiving, by
Claim 2 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 1, further comprising: determining a source identifier for each text segment of the first plurality of text segments in the first initial information, the source identifier indicating which document of the plurality of documents is a source of the text segment; and generating,
Claim 3 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 2, wherein generating, modified response information includes no more than one text segment of the first plurality of text segments from any document of the first plurality of documents”. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 4 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 1, further comprising: querying, database comprises a second plurality of vectors; each vector of the second plurality of vectors is representative of a text segment of a second plurality of text segments, the second plurality of text segments generated based on a second plurality of documents; and the second initial information includes text segments of the second plurality of text segments; and generating,
Claim 5 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 1, wherein generating,
Claim 6 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 5, wherein generating,
Claim 7 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 6, wherein generating,
Claim 8 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 1, further comprising: generating, output” that are the insignificant extra-solution activity of data gathering and/or output, and can be understood as activities incidental to the primary process or product that are merely a nominal or tangential addition to the claim (see MPEP 2106.05(g)). These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 9 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 8, further comprising: providing, provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 10 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 8, further comprising: providing,
Claim 11 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 8, further comprising: annotating,
Claim 12 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 1, further comprising: Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claim also recites the additional elements of “receiving,
Claim 13 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 1, further comprising: labeling, Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 14 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites “A method comprising: receiving, by a processor of a response generator formed as a network-connected device, a user request including a natural-language prompt and build data, the build data including first filter criteria for a first database and second filter criteria for a second database; iteratively querying, by a language model, a first vector database identified by the first filter criteria based on the natural-language prompt to retrieve first initial information, wherein: the first vector database comprises a first plurality of vectors; each vector of the first plurality of vectors is representative of a text segment of a first plurality of text segments, the first plurality of text segments generated based on a first plurality of documents; and the first initial information includes at least one text segment of the first plurality of text segments; iteratively querying, by the language model, a second vector database identified by the second filter criteria based on the natural-language prompt to retrieve second initial information, wherein: the second vector database comprises a second plurality of vectors; each vector of the second plurality of vectors is representative of a text segment of a second plurality of text segments, the second plurality of text segments generated based on a second plurality of documents; and the second initial information includes at least one text segment of the second plurality of text segments; generating, by the response generator, modified response information based on the first initial information, a first target count from the first filter criteria, the second initial information, and a second target count from the second filter criteria, the modified response information including a first count of text segments from the first initial information based on the first target count, and the modified response information including a second count of text segments from the second initial information, the first count of text segments generated based on the first target count and the second count of text segments based on the second target count; generating, by the response generator, a responsive prompt based on the modified response information and the natural-language prompt; providing, by the response generator, the responsive prompt to the language model to generate natural-language responsive text; and outputting, by the response generator, a responsive output that includes the natural-language responsive text”.
The limitations of “A method comprising: language model to generate natural-language responsive text; and
This judicial exception is not integrated into a practical application. In particular, the claim recites an additional element – using “a processor” and “a network-connected device" to perform the claimed steps. The “processor” and “network-connected device" in these steps is recited at a high-level of generality (i.e., as “a processor” and “a network-connected device" performing generic computer functions) such that it amounts no more than mere instructions to apply the exception using a generic computer component. The claim also recites the additional elements of “receiving, by language responsive text” that are the insignificant extra-solution activity of data gathering and/or output, and can be understood as activities incidental to the primary process or product that are merely a nominal or tangential addition to the claim (see MPEP 2106.05(g)). The claim also recites the additional element of “by a language model” and “by the response generator” that are mere instructions to apply an exception. A recitation of the words "apply it" (or an equivalent) are mere instructions to implement an abstract idea or other exception on a computer. (See MPEP 2106.05(f)). Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d).
The claim does 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 of using “a processor” and “a network-connected device" to perform the claimed steps amounts to no more than mere instructions to apply the exception using a generic computer component. The claim also recites the additional elements of “receiving, by gathering and/or output, and can be understood as activities incidental to the primary process or product that are merely a nominal or tangential addition to the claim (see MPEP 2106.05(g)). The claim also recites the additional element of “by a language model” and “by the response generator” that are mere instructions to apply an exception. A recitation of the words "apply it" (or an equivalent) are mere instructions to implement an abstract idea or other exception on a computer. (See MPEP 2106.05(f)). These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 15 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 14, wherein generating, also MPEP 2106.04(II)(A)(1), 2106.04(a)(2). This judicial exception is not integrated into a practical application. Accordingly, any additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 16 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 14, further comprising querying, practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 17 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites “A method comprising: receiving, by a processor of a response generator formed as a network-connected device, a natural-language prompt and build data, the build data including a first database identifier selected from a plurality of database identifiers, and a first target count selected from a first plurality of target counts; querying, by a language model, a first vector database identified by the first database identifier and based on the natural-language prompt to retrieve first initial information, wherein: the first vector database comprises a first plurality of vectors; each vector of the first plurality of vectors is representative of a text segment of a first plurality of text segments; the first plurality of text segments are generated based on a first plurality of documents; and the first initial information includes at least one text segment of the first plurality of text segments; generating, by the response generator, modified response information based on the first initial information and the build data, wherein the response generator filters the first initial information based on a source document identifier for the text segments of the first plurality of text segments, the modified response information including a first count of text segments of the first plurality of text segments, the first count of text segments generated based on the first target count; generating, by the response generator, a responsive prompt based on the modified response information and the natural-language prompt; providing, by the response generator, the responsive prompt to the language model to generate natural-language responsive text; and outputting, by the response generator, a responsive output that includes the natural-language responsive text; wherein the response generator is configured to include a first text segment from the first initial information in the modified response information and omit a second text segment from the first initial information from the modified response information based on a relevancy score of the first text segment being higher than a relevancy score of the second text segment and based on the first text segment and the second text segment having a common source document”.
The limitations of “A method comprising: of the first plurality of text segments; generating, ideas. Accordingly, the claim recites an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong One. See also MPEP 2106.04(II)(A)(1), 2106.04(a)(2).
This judicial exception is not integrated into a practical application. In particular, the claim recites an additional element – using “a processor” and “a network-connected device” to perform the claimed steps. The “processor” and “network-connected device” in these steps is recited at a high-level of generality (i.e., as “a processor” and “a network-connected device” performing generic computer functions) such that it amounts no more than mere instructions to apply the exception using a generic computer component. The claim also recites the additional elements of “receiving, by idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d).
The claim does 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 of using “a processor” and “a network-connected device” to perform the claimed steps amounts to no more than mere instructions to apply the exception using a generic computer component. The claim also recites the additional elements of “receiving, by
Claim 18 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 17, further comprising: querying, elements that are sufficient to amount to significantly more than the judicial exception. These additional elements cannot provide an inventive concept. The claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 19 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 18, further comprising: iteratively querying, claim is not patent eligible. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2B. See also MPEP 2106.05.
Claim 20 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. In addition to any abstract ideas and additional elements in the parent claim(s), the claim recites “The method of claim 17, wherein outputting, practicing the abstract idea. The claim is directed to an abstract idea. See 2019 Revised Patent Subject Matter Eligibility Guidance, Step 2A, Prong Two. See also MPEP 2106.04(II)(A)(2), MPEP 2106.04(d). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claim also recites the additional elements of “outputting,
Allowable Subject Matter
Claims 1-20 are allowable over the prior art but have 35 USC 101 rejections that must be resolved.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAY A MORRISON whose telephone number is (571)272-7112. The examiner can normally be reached on Monday - Friday, 8:00 am - 4:00 pm ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Trujillo K James, can be reached at telephone number (571)272-3677. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from Patent Center and the Private Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from Patent Center or Private PAIR. Status information for unpublished applications is available through Patent Center and Private PAIR for authorized users only. Should you have questions about access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
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) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form.
/JAY A MORRISON/Primary Examiner, Art Unit 2151
