AI Office Action Draft Response Overview

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Using a combination of USPTO 892 PTO form processing and AI Form Fields, AppColl can create draft responses to USPTO office actions. The entire process is automated and triggered when the e-Office action email is received by AppColl.

 

Receiving the Office Action

After receiving an e-Office action with the appropriate office action USPTO code, AppColl retrieves the office action document from the USPTO Patent Center. AppColl processes the document with AI OCR to extract the text from the document.

Retrieving Patent Publication and Prior Art References

If a USPTO 892 form is associated with the office action, AppColl's retrieves all the prior art references in the 892 form and attaches them to the tasks generated as a result of receiving the office action, including the “Respond to Non-Final 3-Month Deadline” task. This allows for convenient access to the documents when reviewing these tasks. All text is extracted from the references using AI OCR.

Use AI to Analyze the Documents

The draft response template is a form letter containing an AI form field. This form letter is associated with the “Respond to Non-Final 3-Month Deadline” task type. This form letter is automatically populated and attached to the task after all documents associated with the office action have been downloaded from the USPTO.

When AppColl processes the draft response template and encounters the AI Form Field, it feeds the office action text, and text from the prior art references, a prompt and guidance to the AI model (currently Anthropic's Claude Opus). AI analyzes the documents and drafts a response to the Office Action. The response includes full arguments to any 35 USC 101, 102, 103, or 112 rejections. The response will include claim amendments if they are deemed necessary. Lastly, a percentile ranking of the likelihood of overcoming the rejections with and without claim amendments. 

AppColl current uses AI models encapsulated within Amazon's AWS ecosystem. This means no data is exposed to the Internet. Any documents used to create the response are immediately deleted. AppColl also lets you use different versions of Anthropic, such as Sonnet and Haiku. However, we find Opus provides the most complete response.

You have full access to the prompts and can create your own. We have designed a prompt that we find works best. However, you may find your own prompts better suit your needs.

Note: It is very important to understand that AI-generated response is merely a suggestion. In no way should this be used as the entirety of your response. The suggested response is intended to provide an analysis of the prior art to give you a head start on your response. 

Generating the Response

Once the AI analysis is complete, the response is saved in a Word .docx file. The file is then attached to the “Respond to Office Action 3-month Deadline” task for the matter.