Complex Action/Scripting

[amybethm222]

1. Selects all Layers/ Group from Layers
2. Converts Group to Smart Object
3. Renames Smart Object to "Working"
4. Duplicate layer (Smart Object) and Rename "Working Flattened"
5. Rasterize Layer "Working Flattened"
6. Convert to RGB (dont merge, dont flatten)
7. Convert to CMYK  (dont merge, dont flatten)
8. Select black channel, and makes selection
9. Create a Curves Adjustment Layer (which creates an adjustment mask)
10. From the Properties Panel the Channel mask is inverted from the selection
11. Photoshop STOPS and informs the user the values applied overall to the CMYK Channel with the Message "The CMYK is reduced from 100 to 96. These values can be adjusted slightly to achieve Ink Density. "
12. Asks the user to "Continue"
13. Applies Curves Ink Density Adjustment

I am trying to add a condition in the beginning that does:

If the layer is "back round" then unlock, so it will then select all and add to the smart object, but if there IS NO Backround layer than just continue? does this make sense? But  I want the action to continue along if there is no backround layer .. Suggestions?