DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
For reissue applications filed on or after September 16, 2012, all references to 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73 are to the current provisions.
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.
Reissue Applications
The instant application is a non-broadening reissue of U.S. Patent No. 9,264,483 to Hammond, granted on 16 February 2016.
Applicant is reminded of the continuing obligation under 37 CFR 1.178(b), to timely apprise the Office of any prior or concurrent proceeding in which Patent No. 9,264,483 (hereinafter the ‘483 patent) is or was involved. These proceedings would include any trial before the Patent Trial and Appeal Board, interferences, reissues, reexaminations, supplemental examinations, and litigation.
Applicant is further reminded of the continuing obligation under 37 CFR 1.56, to timely apprise the Office of any information which is material to patentability of the claims under consideration in this reissue application.
These obligations rest with each individual associated with the filing and prosecution of this application for reissue. See also MPEP §§ 1404, 1442.01 and 1442.04.
Applicant is notified that any subsequent amendment to the specification and/or claims must comply with 37 CFR 1.173(b). In addition, for reissue applications filed before September 16, 2012, when any substantive amendment is filed in the reissue application, which amendment otherwise places the reissue application in condition for allowance, a supplemental oath/declaration will be required. See MPEP § 1414.01.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 13 June 2025 has been entered.
In response to the previous office action, Applicant has amended claims 29, 40, 58, 65, and 71 and added claim 72. Claims 29-72 have been examined.
Applicant is notified that any subsequent amendment to the specification and/or claims must comply with 37 CFR 1.173(b). In addition, for reissue applications filed before September 16, 2012, when any substantive amendment is filed in the reissue application, which amendment otherwise places the reissue application in condition for allowance, a supplemental oath/declaration will be required. See MPEP § 1414.01.
Claim Objections
Claims 29-72 are objected to under 37 CFR 1.173 for being improperly marked. The claims should be marked against the original patent, rather than the previous version of the claims. All claims should have a status identifier that includes the word “New” and the claims should be underlined in their entirety, including claim numbers. Matter that is deleted from previous claim versions should be entirely omitted. An explanation of support in the Specification for all claim changes is also required.
Claims 29-72 are objected to under 37 C.F.R. 173 because no specific explanation of support in the disclosure has been given for the amendment to the respective claims during prosecution, save for the changes to the previous versions of claims 29, 40, 58, and 71 in the amendment filed 13 June 2025. It is noted that Applicant did not explain the changes to claim 65 with the most recent amendment to that claim.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 48 and 55 are rejected under 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 48 recites a database maintains a record of the communication session, wherein the record comprises user-specific information, and wherein the user-specific information comprises the packetized voice data. The specification recites, at most, a record comprising user-specific information (see column 4, lines 46-48), but does not state that such a record also comprises packetized voice data. This therefore constitutes new matter.
Claim 55 recites “wherein the at least one additional computer code instruction comprises a size that is selected based at least in part on a memory and a processor of the at least one communication device.” This limitation is not supported by the original disclosure. Although it is similar to claim 19 of the ‘483 patent as issued, it should be noted that that claim was not in the original disclosure filed on 18 July 2007, but was introduced in an amendment filed on 10 October 2007. This claim therefore is new matter.
Claim Rejections - 35 USC § 251
Claims 48 and 55 are rejected under 35 U.S.C. 251 for containing new matter, as stated in the rejections under 35 U.S.C. 112, first paragraph, above.
Claims 29-40, 42-48, 51-58, and 60-72 are rejected under 35 U.S.C. 251 as being broadened in a reissue application filed outside the two year statutory period.
A claim is broader in scope than the original claims if it contains within its scope any conceivable product or process which would not have infringed the original patent. A claim is broadened if it is broader in any one respect even though it may be narrower in other respects.
Claim 29 encompasses inventions that are broader in scope than that of claim 1 of the ‘483 patent, as it does not recite, for example:
“one or more repositories coupled to at least one of the one or more application servers and operable to communicate with the one or more application servers, at least one of the one or more repositories having access to one or more applications maintained in a database coupled to the at least one repository, the at least one repository adapted to communicate the identified application over a second communication link to the at least one application server” and “wherein the at least one application server is further operable to execute the received application remote from the at least one communication device.”
Claim 29 is broader in scope than claim 10 of the ‘483 patent, as it does not recite, for example:
“at least one of the one or more application servers adapted to execute an application to establish a communication session with at least one communication device coupled to the data connection in response to a request from the at least one communication device to establish the communication session” and “wherein the at least one application server is operable to receive over a second communication link an application from a repository having access to one or more applications maintained in a database coupled to the at least one repository.”
Claim 29 encompasses inventions that are broader in scope than that of claim 22 of the ‘483 patent in that it is not directed to a method.
Claims 30-39 are dependent upon claim 29 and incorporate all of its limitations, but do not narrow their respective scopes to the extent that they are not also improperly broadening over the claims of the ‘483 patent, and are likewise rejected.
Claim 40 encompasses inventions that are broader in scope than that of claim 1 of the ‘483 patent, as it does not recite, for example:
“one or more repositories coupled to at least one of the one or more application servers and operable to communicate with the one or more application servers, at least one of the one or more repositories having access to one or more applications maintained in a database coupled to the at least one repository, the at least one repository adapted to communicate the identified application over a second communication link to the at least one application server.”
Claim 40 is broader in scope than claim 10 of the ‘483 patent, as it does not recite, for example:
“wherein the at least one application server is operable to receive over a second communication link an application from a repository having access to one or more applications maintained in a database coupled to the at least one repository” and “wherein the request for processing service comprises one or more queries for information from a user.”
Claim 40 encompasses inventions that are broader in scope than that of claim 22 of the ‘483 patent in that it is not directed to a method.
Claims 42-48 and 51-57 are dependent upon claim 40 and incorporate all of its limitations, but do not narrow their respective scopes to the extent that they are not also improperly broadening over the claims of the ‘483 patent, and are likewise rejected.
Claim 58 encompasses inventions that are broader in scope than that of claims 1 and 10 of the ‘483 patent in that it is not directed to a system.
Claim 58 encompasses inventions that are broader in scope than that of claim 22 of the ‘483 patent, as it does not recite, for example:
“receiving over a second communication link an application from a repository having access to one or more applications maintained in a database coupled to the at least one repository.”
Claims 60-70 are dependent upon claim 58 and incorporate all of its limitations, but do not narrow their respective scopes to the extent that they are not also improperly broadening over the claims of the ‘483 patent, and are likewise rejected.
Claim 71 encompasses inventions that are broader in scope than that of claim 1 of the ‘483 patent, as it does not recite, for example:
“one or more repositories coupled to at least one of the one or more application servers and operable to communicate with the one or more application servers, at least one of the one or more repositories having access to one or more applications maintained in a database coupled to the at least one repository, the at least one repository adapted to communicate the identified application over a second communication link to the at least one application server.”
Claim 71 is broader in scope than claim 10 of the ‘483 patent, as it does not recite, for example:
“at least one communication device coupled to the data connection.”
Claim 71 encompasses inventions that are broader in scope than that of claim 22 of the ‘483 patent in that it is not directed to a method.
Claim 72 is directed to an apparatus, rather than the systems (which, at best, comprise the apparatus and other elements) or methods of the ‘483 patent, and is broader in scope than any of the claims of the ‘483 patent. Claim 72 is not being otherwise treated on the merits in this office action.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 29, 30, 32-41, 43, 45, 46, 49-62, 64, and 66-71 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over U.S. Patent Application Publication No. 2003/0216923 to Gilmore et al. (hereinafter Gilmore) in view of U.S. Patent No. 6,766,298 to Dodrill et al. (hereinafter Dodrill) further in view of U.S. Patent Application Publication No. 2003/0202504 to Dhara et al. (hereinafter Dhara) and yet further in view of U.S. Patent No. 6,934,756 to Maes.
As to claim 29, Gilmore discloses a communication system capable of enabling one or more communication devices to remotely execute one or more applications (i.e., communication system 100/200 enables communication devices 102/202 to remotely execute one or more applications, such as interactive voice applications at interactive voice response system 106/206, Gilmore: [0029, 0033,0036]), comprising:
one or more communication devices coupled to a first communication link, at least one of the one or more communication devices adapted to communicate a first request to establish a communication session over the first communication link (i.e., user communications device 102/202 is coupled to voice/data network 104/204 (first communication link) and is adapted to communicate a request to establish a communication session over voice/data network 104/204, such as by placing a call to the interactive voice response system to initiate a VoiceXML session, Gilmore: [0033, 0038]),
Gilmore does not disclose, however Dodrill discloses the at least one communication device comprising a thin-client software program that resides in a memory and executes on a processor in the at least one communication device and that provides processing services to an application executed at a location remote from the at least one communication device (i.e., cellular phones and voice-enabled computers, such as thin client 42b, interacting with an interactive voice response system, Dodrill, 3:8-22. Thin clients 42b access interactive XML voice applications that are executed by a remote server, such as gateserver 92, which “accesses a selected XML page that defines at least part of the voice application to be executed .... and executes the operation describe[d] by the XML page.” Dodrill, Abstract, 5:6-24).
It would have been obvious to one of ordinary skill in the art at the time of the invention to employ the use of having the at least one communication device comprising a thin-client software program that resides in a memory and executes on a processor in the at least one communication device and that provides processing services to an application executed at a location remote from the at least one communication device in the system of Gilmore, as Dodrill teaches so as to diversify the types of interactive voice applications that the user can interact with, such as HTML pages, sending web page requests instead of mere telephonic requests, or permitting either web access or telephone access, and process the results of those applications returned to the user.
wherein the first communication link comprises an asynchronous connection to an Internet (i.e., both Gilmore and Dodrill teach the first communication link is an Internet, Gilmore: [0031], Dodrill, Abstract, Fig. 2);
one or more application servers coupled to the first communication link and operable to receive the first request over the first communication link from the at least one communication device (i.e., voice gateway 108/208, coupled to voice/data network 104/204, Gilmore: Figs. 1-2. The voice gateway 108/208 “receives user calls from voice communications devices 102 via the network 104 and responds to the calls in accordance with a voice program.”, Gilmore: [0033]. “[ilncoming calls are answered by the telephony services and signal processing component 208a of the voice gateway 208.”, Gilmore: [0038], receiving and answering a call is receiving a request to establish a communication session, which is established by executing a VoiceXML script. The call is a “request” because it represents the user’s action to initiate retrieval and execution of the VoiceXML script that establishes the communication session),
wherein the first request includes packetized voice data, a communication device IP address, and either an application server URL or an application server IP address or both (i.e., the communication session comprises an exchange of the packetized voice data from communication device 102/202 and packetized voice data or audio data form the application server (gateway 108/208). The network 104/204 may be “a packet- switched data network”, an “Internet protocol (IP)-based” network, or a “Voice-over-IP” network, which are data networks that transmit packetized voice data, “data networks”, e.g., IP or TCP/IP networks, are capable of carrying packetized data”, Gilmore: [0031, 0035]).
The combination of Gilmore and Dodrill does not explicitly disclose, however Dhara discloses the first request includes packetized voice data (i.e., in the interactive voice response system (IVR), the user may request a communication session via an “audio command,” which causes the device to “transmit [a] request for ... a corresponding VXML script file from VXML server 106” to “establish a dialogue.”, Dhara: [0030]-[0031]. The command may be communicated using “voice signals” sent “over the IP network 104” “in the form of data packets” to interact with an IVR or remote database, or to surf the internet, Dhara: [0019], [0042]).
It would have been obvious to one of ordinary skill in the art at the time of the invention to employ the use of having the first request includes packetized voice data in the system of Gilmore and Dodrill, as Dhara teaches so as to improve the user’s options for accessing the system.
wherein the one or more application servers comprise a voice processing software program adapted to identify an application using the packetized voice data (i.e., the application server (gateway 108/208) comprises a voice processing software program for executing the scripts and processing user responses, gateway 208 includes software, such as interpreter program 208b, audio playback component 208c, text-to- speech generation component 208d, and speech recognition engine 208e, Gilmore: [0037]). “[I]nterpreter program 208b is responsible for retrieving and executing voice programs,” including “generating outgoing speech or prompts using the audio playback component 208c and the text-to-speech generation component 208d and listening to spoken responses from the caller using the speech recognition engine 208e, Gilmore: [0039, 0048-0049, 0070]);
a repository having access to the identified application comprising at least a portion of computer code (i.e., a repository (application system 110/210, including application server 212 and data store 214) having access to an application (VoiceXML scripts) comprising at least a portion of computer code, Gilmore: Fig. 2. Application server 212 “obtains the [script] files from the data store 214” and thus has access to data store 214, Gilmore: [0045-0046, 0052, 0075]. The applications stored in data store 214 comprise “computer code”. Data store 214 “is a storage device that stores files necessary for execution of the voice application,” such as “script files, prompt files, grammar files”, Gilmore: [0042]. The stored voice applications can include a combination of “java code[ ] and voice scripts such as VoiceXML scripts,” which are computer code, Gilmore: [0040], [0014] (“voice script code segment”);
Although Gilmore teaches the use of IP data sockets for connections (TCP/IP, Gilmore: [0041]), Gilmore, Dodrill, and Dhara do not explicitly discloses that the one or more application servers are configured to determine an IP address of the at least one communication device based at least in part on network communication of the first request, and establish a first data socket connection with the at least one communication device over the first communication link, based on the IP address of the at least one communication device.
Maes teaches the implementation of such applications that includes the establishment of the data socket and the including of addresses, using TCP over IP, of the initiating device, so that one knows where to send the results (see column 10, lines 42-59; column 10, lines 37-62; column 26, line 33 to column 27, line 5; column 27, lines 6-26 and 46-54).
Therefore it would have been obvious to one of ordinary skill in the art at the time the invention was made to have implemented the invention of Gilmore, Dodrill, and Dhara as per Maes, so that the application server knows where to send the results.
wherein the one or more application servers are either (a) receive the identified application from the repository for execution on the one or more application servers or (b) cause execution of the identified application on the repository (i.e., the application server (gateway 108/208) is configured to “receive script files from the application server 212” over network 112 (second communication link), Gilmore: [0045-0046, 0052]. The gateway 108/208 includes an “interpreter program 208b” that “is responsible for retrieving and executing voice programs”, Gilmore: [0039, 0040, 0046, 0048]).
wherein execution of the identified application remote from the at least one communication device establishes the communication session via the first data socket connection between the at least one communication device and the one or more application servers (i.e., “gateway 208 retrieves the initial voice script” and “parses the script by searching and executing the voice-specific instruction within the script”, Gilmore: [0040]. Gateway is remote and separated from device 102/202 by voice/data network 104, which includes a WAN allowing connection to remote devices. The interpreter program 208b involves generating outgoing speech or prompts ... and listening to spoken responses from the caller using the speech recognition engine 208e, Gilmore: [0039]);
wherein the voice processing software program on the one or more application servers is configured to generate a packetized voice representation of information derived from execution of the identified application (i.e., gateway 108/208 includes text- to-speech generation component 208d, which is configured to “generate outgoing speech or prompts using the audio playback component 208c, Gilmore: [0039, 0043, 0048, 0052], Fig. 9);
wherein the one or more application servers are configured to communicate one or more second requests for processing services to the at least one communication device via the first data socket over the first communication link, wherein the one or more second requests for processing services comprise at least one computer code instruction and the packetized voice representation (i.e., gateway 108/208 generates outgoing voice representation (audio output from interpreter 208b and text-to-speech generation component 208d), e.g., by using text-to-speech to generate audio .wav files to send to the user, Gilmore: [0048, 0103], Fig. 9);
Gilmore does not disclose, however Dodrill discloses wherein the one or more second requests for processing services comprise at least one computer code instruction (i.e., executing an IVR application on remote servers, Dodrill: 9:12-24. Rather than sending audio directly, the system can send the voice representation as an embedded .wav file along with an instruction to play the voice representation in script processed by the user device, Dodrill, 8:18-24; 11:66-12:30; Fig. 7).
It would have been obvious to one of ordinary skill in the art at the time of the invention to employ the use of having the computer code instruction in the request for processing in the system of Gilmore, as Dodrill teaches so as to distribute some of the processing to the user’s device, thereby freeing up resources at gateway 108/208.
wherein the one or more second requests for processing services further comprise an instruction to execute the at least one computer code instruction to cause the packetized voice representation to be converted to audio for presentation to a user via a speaker and to present the audio to the user via the speaker (i.e., a text-to-speech generation component 208d in the gateway 108/208 converts the text files in Voice XML application to voice speech that is output to the user, Gilmore: [0039, 0044, 0048]).
Gilmore presents “voice data that is directly ‘spoken’ to the caller” which requires a speaker for the user to hear (Gilmore: [0033, 0039, 0044, 0053]), Gilmore does not explicitly disclose, however Dhara discloses the packetized voice representation to be converted to audio for presentation to the user via a speaker and to present the audio to the user via the speaker (i.e., IP device 102 is an IP phone, computer, PDA, or other device capable of communicating voice signals over an IP network 104, Dhara: [0019]. Text-to-speech function 204 performs the conversion of text to speech, Dhara: [0025, 0028]. IP device includes an output device 124, e.g., a speaker, to present audio information to the user, Dhara: [0022, 0032]; Fig. 2).
It would have been obvious to one of ordinary skill in the art at the time of the invention to employ the use of having discloses the packetized voice representation to be converted to audio for presentation to the user via a speaker and to present the audio to a user via the speaker in the system of Gilmore and Dodrill, as Dhara teaches so as to play audio outputs from the voice application to the user and the user can respond to the options available.
Gilmore, Dodrill and Dhara do not disclose, however Maes discloses wherein the one or more applications servers are configured to continue execution of the identified application until the at least one communication device terminates the first data socket connection (i.e., Fig. 28 discloses a diagram of message exchanges (for a successful session setup and termination) between a client (mobile terminal) and speech server. The message flows show session initiation, ...and finally session termination. Hence, the interaction between server and client continues until the session is terminated, Maes: Fig. 28; the BYE signal, sent by the user, i.e. the one communication device, terminates the session, see column 25, lines 4-5).
It would have been obvious to one of ordinary skill in the art at the time of the invention to employ the use of having communication session continues until the identified application terminates in the system of Gilmore, Dodrill and Dhara, as Maes teaches so as the user can continue using the open session.
wherein the at least one communication device does not include an Internet browser or voice XML browser and the communication session is not a telephone call (i.e., Gilmore: [0031, 0039-0040]).
As to claim 30, 41, 59, Gilmore-Dodrill-Dhara-Maes discloses wherein the repository (i.e., application server 212, Gilmore: Fig. 2, 212) is coupled to at least one of the one or more application servers (i.e., voice gateway 208, Gilmore: Fig. 2, 208) and operable to communicate with the one or more application servers (i.e., application server 212 communicates with voice gateway over data network 112 (second communication link), Gilmore: Fig. 2]),
the repository having access to one or more applications maintained in a database coupled to the repository (i.e., application server 212 (repository) has access to applications maintained in data store 214 coupled to application server 212, Gilmore: [0045-0046])
the repository adapted to communicate the identified application over a second communication link to the at least one application server (i.e., application server 212 (repository) communicates the identified application over the second communication link (data network 112) to voice gateway 108/208 (application server), Gilmore: [0046, 0048, 0051-0052); and
wherein at least one of the one or more second requests for processing services is communicated to the at least one communication device over the data socket connection (i.e., communication devices 102/202 receives a request for a processing service (e.g., prompt or audio output) from voice gateway 108/208 (application server) over voice/data network 104/204 (data socket connection), Gilmore: [0029, 0036], Figs. 1-2), and
wherein the second request for processing service comprises one or more queries for information from a user (i.e., communications device 102/202 receives an audio or voice prompt (request for a processing service) that includes queries for information from the user, such requesting a passcode or PIN or presenting menus and asking “what would you like to do,” Gilmore: Figs. 9-14, [0115]. Voice gateway 108/208 generates an audio prompt that “ask[s]” the user to input a PIN or passcode.
As to claims 32, 49,Gilmore-Dodrill-Dhara-Maes discloses wherein the voice processing software program comprises at least one selected from the group of: a voice recognition application, a speech-to-text application, and a text-to-speech application, and wherein the packetized voice data, when converted to text, identifies the application to be executed during the communication session (i.e., voice processing software 108/208 includes “speech recognition engine 208e”, a speech recognition engine using grammars, suggesting that it routinely performs a speech-to-text conversion to check conformance to the grammar, Gilmore: [0037, 0039, 0051-0052).
Regarding claims 33, 50, 66, Gilmore further the communication session allows the application executing on the one or more application servers to communicate additional requests for processing services comprising at least one additional computer code instruction over the first communication link to the at least one communication device until the communication session is terminated (Gilmore discloses that additional requests may be sent during a session, see paragraphs 50-52).
Regarding claims 34, 51, Gilmore further discloses wherein the at least one additional computer code instruction comprises one or more queries for information and the at least one communication device communicates a response to the one or more queries for information back to the one or more application servers over the first communication link (see Gilmore, figs. 9-14).
Regarding claim 35, 52, Gilmore further discloses the response to the one or more queries is selected from the group consisting of a voice input, a stylus input, and a touch input (see paragraph 52).
Regarding claim 36, 53, 67, Gilmore further discloses the at least one additional computer code instruction causes the at least one communication device to present information to the user (a voice communication device, see paragraph 36 and figure 2).
Regarding claim 37, 54, Gilmore further discloses the information is selected from the group consisting of an audio output, a voice output, a text output, a video output, and an image output (a voice output is an audio output, see paragraph 52).
Regarding claim 38, 56, 68, Gilmore further discloses the at least one additional computer code instruction causes the at least one communication device to retrieve content from a source located remote from the at least one communication device (Gilmore: [0040]. Gateway is remote and separated from device 102/202 by voice/data network 104, which includes a WAN allowing connection to remote devices).
Regarding claim 39, 57, 69, Gilmore further discloses the at least one additional computer code instruction causes the at least one communication device to send content to a source located remote from the at least one communication device (Gilmore: [0040]. Gateway is remote and separated from device 102/202 by voice/data network 104, which includes a WAN allowing connection to remote devices).
As to claim 40, Gilmore discloses a communication system capable of enabling one or more communication devices to remotely execute one or more applications (i.e., communication system 100/200 enables communication devices 102/202 to remotely execute one or more applications, such as interactive voice applications at interactive voice response system 106/206, Gilmore: [0029, 0033,0036]), comprising:
one or more application servers coupled to a first communication link (i.e., voice gateway 108/208, coupled to voice/data network 104/204, Gilmore: Figs. 1-2), wherein the first communication link comprises an asynchronous connection to the Internet (i.e., the first communication link is an Internet, Gilmore: [0031]; at least one of the one or more application servers is adapted to execute an application to establish a communication session with at least one communication device coupled to the first communication link in response to a first request from the at least one communication device to establish the communication session (i.e., receiving and answering a call is receiving a request to establish a communication session, which is established by executing a VoiceXML script. The call is a “request” because it represents the user’s action to initiate retrieval and execution of the VoiceXML script that establishes the communication session, Gilmore: [0040]), the one or more application servers residing at a location remote from the at least one communication device (i.e., voice gateway 108/208 (application server) resides at a remote location from the communication device 102/202, Gilmore: Figs. 1-2);
wherein the one or more application servers are operable to:
receive the first request over the first communication link from the at least one communication device (i.e., The voice gateway 108/208 “receives user Calls from voice communications devices 102 via the network 104 and responds to the calls in accordance with a voice program.”, Gilmore: [0033]. “[ilncoming calls are answered by the telephony services and signal processing component 208a of the voice gateway 208.”, Gilmore: [0038), wherein the first request includes packetized voice data, a unique communication device IP address, and either an application server URL or an application server IP address or both (i.e., the communication session comprises an exchange of the packetized voice data from communication device 102/202 and packetized voice data or audio data form the application server (gateway 108/208). The network 104/204 may be “a packet-switched data network”, an “Internet protocol (IP)- based” network, or a “Voice-over-IP” network, which are data networks that transmit packetized voice data, “data networks”, e.g., IP or TCPAP networks, are capable of carrying packetized data”, Gilmore: [0031, 0035]).
Gilmore does not explicitly disclose, however Dhara discloses the first request includes packetized voice data (i.e., in the interactive voice response system (IVR), the user may request a communication session via an “audio command,” which causes the device to “transmit [a] request for ... a corresponding VXML script file from VXML server 106” to “establish a dialogue.”, Dhara: [0030]-[0031]. The command may be communicated using “voice signals” sent “over the IP network 104” “in the form of data packets” to interact with an IVR or remote database, or to surf the internet, Dhara: [0019], [0042]).
It would have been obvious to one of ordinary skill in the art at the time of the invention to employ the use of having the first request includes packetized voice data in the system of Gilmore, as Dhara teaches so as to improve the user’s options for accessing the system;
identify an application using the packetized voice data (i.e., the application server (gateway 108/208) comprises a voice processing software program for executing the scripts and processing user responses, gateway 208 includes software, such as interpreter program 208b, audio playback component 208c, text-to- speech generation component 208d, and speech recognition engine 208e, Gilmore: [0037]). “[I]nterpreter program 208b is responsible for retrieving and executing voice programs,” including “generating outgoing speech or prompts using the audio playback component 208c and the text-to-speech generation component 208d and listening to spoken responses from the caller using the speech recognition engine 208e, Gilmore: [0039, 0048-0049, 0070]);
Although Gilmore teaches the use of IP data sockets for connections (TCP/IP, Gilmore: [0041]), Gilmore, Dodrill, and Dhara do not explicitly discloses that the one or more application servers are configured to determine an IP address of the at least one communication device based at least in part on network communication of the first request, and establish a first data socket connection with the at least one communication device over the first communication link, based on the IP address of the at least one communication device.
Maes teaches the implementation of such applications that includes the establishment of the data socket and the including of addresses, using TCP over IP, of the initiating device, so that one knows where to send the results (see column 10, lines 42-59; column 10, lines 37-62; column 26, line 33 to column 27, line 5; column 27, lines 6-26 and 46-54).
Therefore it would have been obvious to one of ordinary skill in the art at the time the invention was made to have implemented the invention of Gilmore, Dodrill, and Dhara as per Maes, so that the application server knows where to send the results.
execute the identified application remote from the at least one communication device to establish the communication session via the first data socket connection between the at least one communication device and at least one of the one or more application servers, wherein information is derived by the execution of the identified application (i.e., “gateway 208 retrieves the initial voice script” and “parses the script by searching and executing the voice-specific instruction within the script’, Gilmore: [0040]. Gateway is remote and separated from device 102/202 by voice/data network 104, which includes a WAN allowing connection to remote devices. The interpreter program 208b involves generating outgoing speech or prompts ... and listening to spoken responses from the caller using the speech recognition engine 208e, Gilmore: [0039]);
wherein the information may be comprised of voice data, visual data, or both (i.e., voice message is dynamically generated using DCG commands in voice scripts, Gilmore: [0052, -0054]);
wherein if the information includes voice data, a voice processing software program on the one or more application servers is configured to generate a packetized voice representation of information derived from execution of the identified application (i.e., gateway 108/208 includes text-to-speech generation component 208d, which is configured to “generate outgoing speech or prompts using the audio playback component 208c, Gilmore: [0039, 0043, 0048, 0052], Fig. 9);
communicate one or more second requests for processing services to the at least one communication device via the first data socket connection over the first communication link, wherein the one or more second requests for processing services comprise at least one computer code instruction and at least part of the information (i.e., gateway 108/208 generates outgoing voice representation (audio output from interpreter 208b and text-to-speech generation component 208d), e.g., by using text-to-speech to generate audio .wav files to send to the user, Gilmore: [0048, 0103], Fig. 9);
Gilmore-Dhara does not disclose, however Dodrill discloses wherein the one or more second requests for processing services comprise at least one computer code instruction (i.e., executing an IVR application on remote servers, Dodrill: 9:12-24. Rather than sending audio directly, the system can send the voice representation as an embedded .wav file along with an instruction to play the voice representation in script processed by the user device, Dodrill, 8:18-24; 11:66-12:30; Fig. 7).
It would have been obvious to one of ordinary skill in the art at the time of the invention to employ the use of having the computer code instruction in the request for processing in the system of Gilmore-Dhara, as Dodrill teaches so as to distribute some of the processing to the user’s device, thereby freeing up resources at gateway 108/208.
wherein the one or more application servers are configured to communicate one or more second requests for processing services to the at least one communication device via the first data socket connection over the first communication link, wherein the one or more second requests for processing services comprise at least one computer code instruction and either the packetized voice representation and/or the visual data, which instructs the communication device to present on a speaker and/or a display (i.e., a text- to-speech generation component 208d in the gateway 108/208 converts the text files in Voice XML application to voice speech that is output to the user, Gilmore: [0039, 0044, 0048]).
Gilmore presents “voice data that is directly “spoken” to the caller’ which requires a speaker for the user to hear (Gilmore: [0033, 0039, 0044, 0053]), Gilmore does not explicitly disclose, however Dhara discloses the packetized voice representation to be converted to audio for presentation to the user via a speaker and to present the audio to the user via the speaker (i.e., IP device 102 is an IP phone, computer, PDA, or other device capable of communicating voice signals over an IP network 104, Dhara: [0019). Text-to-speech function 204performs the conversion of text to speech, Dhara: [0025, 0028]. IP device includes an output device 124, e.g., a speaker, to present audio information to the user, Dhara: [0022, 0032]; Fig. 2).
It would have been obvious to one of ordinary skill in the art at the time of the invention to employ the use of having discloses the packetized voice representation to be converted to audio for presentation to the user via a speaker and to present the audio to the user via the speaker in the system of Gilmore and Dodrill, as Dhara teaches so as to play audio outputs from the voice application to the user and the user can respond to the options available.
Gilmore, Dodrill and Dhara do not disclose, however Maes discloses wherein the one or more applications servers are configured to continue execution of the identified application until the at least one communication device terminates the first data socket connection (i.e., Fig. 28 discloses a diagram of message exchanges (for a successful session setup and termination) between a client (mobile terminal) and speech server. The message flows show session initiation, ...and finally session termination. Hence, the interaction between server and client continues until the session is terminated, Maes: Fig. 28; the BYE signal, sent by the user, i.e. the one communication device, terminates the session, see column 25, lines 4-5).
It would have been obvious to one of ordinary skill in the art at the time of the invention to employ the use of having communication session continues until the identified application terminates in the system of Gilmore, Dodrill and Dhara, as Maes teaches so as the user can continue using the open session.
wherein the at least one communication device does not include an Internet browser or voice XML browser and the communication session is not a telephone call (i.e., Gilmore: [0031, 0039-0040]).
As to claim 43, Gilmore-Dodrill-Dhara-Maes discloses wherein the at least one communication device comprises a thin-client software program that resides in a memory and executes on a processor in the at least one communication device and that provides processing services to an application executed at a location remote from the at least one communication device (i.e., cellular phones and voice- enabled computers, such as thin client 42b, interacting with an interactive voice response system, Dodrill, 3:8-22. Thin clients 42b access interactive XML voice applications that are executed by a remote server, such as gateserver 92, which “accesses a selected XML page that defines at least part of the voice application to be executed .... and executes the operation describe[d] by the XML page.” Dodrill, Abstract, 5:6-24).
As to claim 60, Gilmore-Dodrill-Dhara-Maes discloses wherein the at least one communication device comprises a thin-client software program that resides in a memory and executes on a processor in the at least one communication device (i.e., cellular phones and voice-enabled computers, such as thin client 42b, interacting with an interactive voice response system, Dodrill, 3:8-22. Thin clients 42b access interactive XML voice applications that are executed by a remote server, such as gateserver 92, which “accesses a selected XML page that defines at least part of the voice application to be executed .... and executes the operation describe[d] by the XML page.” Dodrill, Abstract, 5:6-24) and that provides the processing services to the application by facilitating communication between the user and at least one application server via the at least one communication device (i.e., Dodrill’s thin client software program on the user’s device to provide processing services to the application on Gilmore’s voice gateway 108/208. Dodrill’s thin-client software program also facilitates communication between the user and the application server (voice gateway 108/208) via the user’s communication device (102/202). For example, the thin client can execute instructions received from the application server (e.g., Gilmore’s voice gateway 108/208) to present voice prompts to the user and record the user’s responses to the prompts, Gilmore: [0051]).
As to claims 45 and 61, Gilmore-Dodrill-Dhara-Maes discloses wherein the one or more application servers are configured to cause execution of the identified application by sending one or more third requests over a second communication link to a second application server that executes the application (i.e., the application server (gateway 108/208) is configured to “receive script files from the application server 212” over network 112 (second communication link), Gilmore: [0045-0046, 0052]. The gateway 108/208 includes an “interpreter program 208b” that “is responsible for retrieving and executing voice programs”, Gilmore: [0039, 0040, 0046, 0048]) and wherein the second communication link comprises at least one second data socket (i.e., TCP/IP, Gilmore: [0041]).
Regarding claim 46 and 62, the second application server receives the application from a repository over a third communication link (Where Gilmore’s data store is external to the gateway and application server, there implicitly is a third communication for the additional link that is necessary, see figures 1 and 2 and paragraph 45).
Regarding claim 55, Maes further discloses modifying its requests based on the client’s capabilities (see column 2, lines 24-27 and column 50, lines 28 to Column 51, line 2). One skilled in the art would recognize that not considering capabilities of a client could result in a non-functional system.
Therefore it would further have been obvious to one of ordinary skill in the art at the time the invention was made to have modified the invention of Gilmore-Dodrill-Dhara-Maes by modifying requests from the server based on the client’s capabilities, as per Maes, as not considering capabilities of a client could result in a non-functional system.
As to claim 58, Gilmore discloses a method for enabling one or more communication devices to remotely execute one or more applications (i.e., communication system 100/200 enables communication devices 102/202 to remotely execute one or more applications, such as interactive voice applications at interactive voice response system 106/206, Gilmore: [0029, 0033,0036]), comprising:
receiving a first request to establish a communication session from at least one communication device over a first communication link (i.e., user communications device 102/202 is coupled to voice/data network 104/204 (first communication link) and is adapted to communicate a request to establish a communication session over voice/data network 104/204, such as by placing a call to the interactive voice response system to initiate a VoiceXML session, Gilmore: [0033, 0038]), comprising an asynchronous connection to an Internet (i.e., Gilmore teaches the first communication link is an Internet, Gilmore: [0031]);
wherein the first request includes packetized voice data, a communication device IP address, and either an application server URL or an application server IP address or both (i.e., the communication session comprises an exchange of the packetized voice data from communication device 102/202 and packetized voice data or audio data form the application server (gateway 108/208). The network 104/204 may be “a packet- switched data network”, an “Internet protocol (IP)-based” network, or a “Voice-over-IP” network, which are data networks that transmit packetized voice data, “data networks”, e.g., IP or TCP/IP networks, are capable of carrying packetized data’, Gilmore: [0031, 0035]).
Gilmore does not explicitly disclose, however Dhara discloses the first request includes packetized voice data (i.e., in the interactive voice response system (IVR), the user may request a communication session via an “audio command,” which causes the device to “transmit [a] request for ... a corresponding VXML script file from VXML server 106” to “establish a dialogue.”, Dhara: [0030]-[0031]. The command may be communicated using “voice signals” sent “over the IP network 104” “in the form of data packets” to interact with an IVR or remote database, or to surf the internet, Dhara: [0019], [0042]).
It would have been obvious to one of ordinary skill in the art at the time of the invention to employ the use of having the first request includes packetized voice data in the system of Gilmore, as Dhara teaches so as to improve the user’s options for accessing the system.
identifying an application using the packetized voice data (i.e., the application server (gateway 108/208) comprises a voice processing software program for executing the scripts and processing user responses, gateway 208 includes software, such as interpreter program 208b, audio playback component 208c, text-to-speech generation component 208d, and speech recognition engine 208e, Gilmore: [0037]). “[I]nterpreter program 208b its responsible for retrieving and executing voice programs,” including “generating outgoing speech or prompts using the audio playback component 208c and the text-to-speech generation component 208d and listening to spoken responses from the caller using the speech recognition engine 208e, Gilmore: [0039, 0048-0049, 0070]);
Although Gilmore teaches the use of IP data sockets for connections (TCP/IP, Gilmore: [0041]), Gilmore, Dodrill, and Dhara do not explicitly discloses that the one or more application servers are configured to determine an IP address of the at least one communication device based at least in part on network communication of the first request, and establish a first data socket connection with the at least one communication device over the first communication link, based on the IP address of the at least one communication device.
Maes teaches the implementation of such applications that includes the establishment of the data socket and the including of addresses, using TCP over IP, of the initiating device, so that one knows where to send the results (see column 10, lines 42-59; column 10, lines 37-62; column 26, line 33 to column 27, line 5; column 27, lines 6-26 and 46-54).
Therefore it would have been obvious to one of ordinary skill in the art at the time the invention was made to have implemented the invention of Gilmore, Dodrill, and Dhara as per Maes, so that the application server knows where to send the results.
executing the identified application, wherein information is derived by the execution of the application, and wherein the application is executed remotely from the at least one communication device to. establish the communication session via the first socket connection between the at least one communication device at least one application server (i.e., “gateway 208 retrieves the initial voice script’ and “parses the script by searching and executing the voice-specific instruction within the script’, Gilmore: [0040]. Gateway is remote and separated from device 102/202 by voice/data network 104, which includes a WAN allowing connection to remote devices. The interpreter program 208b involves generating outgoing speech or prompts ... and listening to spoken responses from the caller using the speech recognition engine 208e, Gilmore: [0039]);
creating one or more second requests for processing services using the information (i.e., Gilmore: [0051-0052]); and
communicating the one or more second requests for processing services to the at least one communication device over the first communication link, wherein the one or more second requests for processing services comprise at least one computer code instruction to the at least one communication device (i.e., gateway 108/208 generates outgoing voice representation (audio output from interpreter 208b and text-to-speech generation component 208d), e.g., by using text-to-speech to generate audio .wav files to send to the user, Gilmore: [0048, 0103], Fig. 9).
Gilmore-Dhara does not disclose, however Dodrill discloses wherein the one or more second requests for processing services comprise at least one computer code instruction to retrieve content from a source located remote from the at least one communication device (i.e., executing an IVR application on remote servers, Dodrill: 9:12-24. Rather than sending audio directly, the system can send the voice representation as an embedded .wav file along with an instruction to play the voice representation in script processed by the user device, Dodrill, 8:18-24; 11:66-12:30; Fig. 7. Figure 7 includes “PROMPT” instructions that “fetch[ ] an audio (.wav) file in response to detecting a sound tag, Dodrill, 12:55-60. The “URL” notation in Figure 7 identifies a source for the audio file’s content, in this example a uniform resource locator, where the .wav file is stored and fetched when executing the prompt tag).
It would have been obvious to one of ordinary skill in the art at the time of the invention to employ the use of having the computer code instruction in the request for processing to retrieve content from a source located remote from the at least one communication device in the system of Gilmore-Dhara, as Dodrill teaches so as to distribute some of the processing to the user’s device, thereby freeing up resources at gateway 108/208.
wherein the at least one communication device requests the content from the source located remote from the at least one communication device and presents, via a speaker, an audio output corresponding to the content from the source located remote from the at least one communication device (i.e., a text-to-speech generation component 208d in the gateway 108/208 converts the text files in Voice XML application to voice speech that is output to the user, Gilmore: [0039, 0044, 0048]).
Gilmore presents “voice data that is directly ‘spoken’ to the caller” which requires a speaker for the user to hear (Gilmore: [0033, 0039, 0044, 0053]), Gilmore does not explicitly disclose, however Dhara discloses the packetized voice representation to be converted to audio for presentation to the user via a speaker and to present the audio to the user via the speaker (i.e., IP device 102 is an IP phone, computer, PDA, or other device capable of communicating voice signals over an IP network 104, Dhara: [0019]. Text-to-speech function 204 performs the conversion of text to speech, Dhara: [0025, 0028]. IP device includes an output device 124, e.g., a speaker, to present audio information to the user, Dhara: [0022, 0032]; Fig. 2).
It would have been obvious to one of ordinary skill in the art at the time of the invention to employ the use of having discloses the packetized voice representation to be converted to audio for presentation to the user via a speaker and to present the audio to the user via the speaker in the system of Gilmore and Dodrill, as Dhara teaches so as to play audio outputs from the voice application to the user and the user can respond to the options available.
Gilmore, Dodrill and Dhara do not disclose, however Maes discloses wherein the one or more applications servers are configured to continue execution of the identified application until the at least one communication device terminates the first data socket connection (i.e., Fig. 28 discloses a diagram of message exchanges (for a successful session setup and termination) between a client (mobile terminal) and speech server. The message flows show session initiation, ...and finally session termination. Hence, the interaction between server and client continues until the session is terminated, Maes: Fig. 28; the BYE signal, sent by the user, i.e. the one communication device, terminates the session, see column 25, lines 4-5).
It would have been obvious to one of ordinary skill in the art at the time of the invention to employ the use of having communication session continues until the identified application terminates in the system of Gilmore, Dodrill and Dhara, as Maes teaches so as the user can continue using the open session.
wherein the at least one communication device does not include an Internet browser or voice XML browser and the communication session is not a telephone call (i.e., Gilmore: [0031, 0039-0040]).
As to claim 64, Gilmore-Dodrill-Dhara-Maes discloses wherein the content comprises video that is presented on a display (/e., IP device includes an output device 124, e.g., a screen-type display, to present video information to the user, Dhara: [0022, 0032]; Fig. 2).
Regarding claim 70, Gilmore further discloses wherein the at least one additional computer code instruction comprises one or more queries for information and the at least one communication device communicates a response to the one or more queries for information wherein the response to the one or more queries is provided through a touch input or a voice input (see paragraph 52).
As to claim 71, Gilmore discloses a communication system capable of enabling one or more communication devices to remotely execute one or more applications (i.e., communication system 100/200 enables communication devices 102/202 to remotely execute one or more applications, such as interactive voice applications at interactive voice response system 106/206, Gilmore: [0029, 0033,0036]), comprising:
one or more application servers coupled to a first communication link (i.e., voice gateway 108/208, coupled to voice/data network 104/204, Gilmore: Figs. 1-2), wherein the first communication link comprises an asynchronous connection to the Internet (i.e., the first communication link is an Internet, Gilmore: [0031]), wherein at least one of the one or more application servers adapted to execute an application to establish a communication session with at least one communication device in response to a first request from the at least one communication device to establish the communication session (i.e., receiving and answering a call is receiving a request to establish a communication session, which is established by executing a VoiceXML script. The call is a “request” because it represents the user's action to initiate retrieval and execution of the VoiceXML script that establishes the communication session, Gilmore: [0040]), the at least one application server residing at a location remote from the at least one communication device (i.e., voice gateway 108/208 (application server) resides at a remote location from the communication device 102/202, Gilmore: Figs. 1-2);
wherein the at least one application server is operable to receive over a second communication link an application from a repository (i.e., application server 212 (repository) communicates the identified application over the second communication link (data network 112) to voice gateway 108/208 (application server), Gilmore: [0046, 0048, 0051-0052]) having access to one or more applications maintained in a database coupled to the at least one repository (i.e., application server 212 (repository) has access to applications maintained in data store 214 coupled to application server 212, Gilmore: [0045-0046]);
wherein the at least one application server is operable to:
receive the first request over the first communication link from the at least one communication device (i.e., The voice gateway 108/208 “receives user calls from voice communications devices 102 via the network 104 and responds to the calls in accordance with a voice program.”, Gilmore: [0033]. “[i]ncoming calls are answered by the telephony services and signal processing component 208a of the voice gateway 208.”, Gilmore: [0038), wherein the first request includes packetized voice data, a unique communication device IP address, and either an application server URL or an application server IP address or both (i.e., the communication session comprises an exchange of the packetized voice data from communication device 102/202 and packetized voice data or audio data form the application server (gateway 108/208). The network 104/204 may be “a packet-switched data network”, an “Internet protocol (IP)- based” network, or a “Voice-over-IP” network, which are data networks that transmit packetized voice data, “data networks”, e.g., IP or TCPAP networks, are capable of carrying packetized data”, Gilmore: [0031, 0035]).
Gilmore does not explicitly disclose, however Dhara discloses the first request includes packetized voice data (i.e., in the interactive voice response system (IVR), the user may request a communication session via an “audio command,” which causes the device to “transmit [a] request for ... a corresponding VXML script file from VXML server 106” to “establish a dialogue.”, Dhara: [0030]-[0031]. The command may be communicated using “voice signals” sent “over the IP network 104” “in the form of data packets” to interact with an IVR or remote database, or to surf the internet, Dhara: [0019], [0042]).
It would have been obvious to one of ordinary skill in the art at the time of the invention to employ the use of having the first request includes packetized voice data in the system of Gilmore, as Dhara teaches so as to improve the user’s options for accessing the system;
identify an application using the packetized voice data (i.e., the application server (gateway 108/208) comprises a voice processing software program for executing the scripts and processing user responses, gateway 208 includes software, such as interpreter program 208b, audio playback component 208c, text-to- speech generation component 208d, and speech recognition engine 208e, Gilmore: [0037]). “[I]nterpreter program 208b is responsible for retrieving and executing voice programs,” including “generating outgoing speech or prompts using the audio playback component 208c and the text-to-speech generation component 208d and listening to spoken responses from the caller using the speech recognition engine 208e, Gilmore: [0039, 0048-0049, 0070]);
Although Gilmore teaches the use of IP data sockets for connections (TCP/IP, Gilmore: [0041]), Gilmore, Dodrill, and Dhara do not explicitly discloses that the one or more application servers are configured to determine an IP address of the at least one communication device based at least in part on network communication of the first request, and establish a first data socket connection with the at least one communication device over the first communication link, based on the IP address of the at least one communication device.
Maes teaches the implementation of such applications that includes the establishment of the data socket and the including of addresses, using TCP over IP, of the initiating device, so that one knows where to send the results (see column 10, lines 42-59; column 10, lines 37-62; column 26, line 33 to column 27, line 5; column 27, lines 6-26 and 46-54).
Therefore it would have been obvious to one of ordinary skill in the art at the time the invention was made to have implemented the invention of Gilmore, Dodrill, and Dhara as per Maes, so that the application server knows where to send the results.
execute the identified application remote from the at least one communication device and to establish the communication session with the at least one communication device via the first data socket connection, wherein information is derived by the execution of the identified application (i.e., “gateway 208 retrieves the initial voice script’ and “parses the script by searching and executing the voice-specific instruction within the script”, Gilmore: [0040]. Gateway is remote and separated from device 102/202 by voice/data network 104, which includes a WAN allowing connection to remote devices. The interpreter program 208b involves generating outgoing speech or prompts ... and listening to spoken responses from the caller using the speech recognition engine 208e, Gilmore: [0039]);
wherein the information may be comprised of voice data, visual data, or both (i.e., voice message is dynamically generated using DCG commands in voice scripts, Gilmore: [0052, -0054]);
wherein if the information includes voice data, a voice processing software program on the one or more application servers is configured to generate a packetized voice representation of information derived from execution of the identified application (i.e., gateway 108/208 includes text-to-speech generation component 208d, which is configured to “generate outgoing speech or prompts using the audio playback component 208c, Gilmore: [0039, 0043, 0048, 0052], Fig. 9);
wherein the at least one application server is operable to communicate one or more second requests for processing services to the at least one communication device via the first data socket connection over the first communication link, wherein the one or more second requests for processing services comprise at least one computer code instruction and at least part of the information (i.e., gateway 108/208 generates outgoing voice representation (audio output from interpreter 208b and text-to-speech generation component 208d), e.g., by using text-to-speech to generate audio .wav files to send to the user, Gilmore: [0048, 0103], Fig. 9);
Gilmore-Dhara does not disclose, however Dodrill discloses wherein the one or more second requests for processing services comprise at least one computer code instruction (i.e., executing an IVR application on remote servers, Dodrill: 9:12-24. Rather than sending audio directly, the system can send the voice representation as an embedded .wav file along with an instruction to play the voice representation in script processed by the user device, Dodrill, 8:18-24; 11:66-12:30; Fig. 7).
It would have been obvious to one of ordinary skill in the art at the time of the invention to employ the use of having the computer code instruction in the request for processing in the system of Gilmore-Dhara, as Dodrill teaches so as to distribute some of the processing to the user’s device, thereby freeing up resources at gateway 108/208.
wherein the one or more second requests for processing to the at least one communication device (i.e., communication devices 102/202 receives a request for a processing service (e.g., prompt or audio output) from voice gateway 108/208 (application server) over voice/data network 104/204 (data socket connection), Gilmore: [0029, 0036], Figs. 1-2), and
wherein the one or more second requests for processing service comprises one or more queries for information from a user (i.e., communications device 102/202 receives an audio or voice prompt (request for a processing service) that includes queries for information from the user, such requesting a passcode or PIN or presenting menus and asking “what would you like to do,” Gilmore: Figs. 9-14, [0115]. Voice gateway 108/208 generates an audio prompt that “ask[s]’ the user to input a PIN or passcode.
wherein the one or more application servers are configured to communicate one or more second requests for processing services to the at least one communication device via the first data socket connection over the first communication link, wherein the one or more second requests for processing services comprise at least one computer code instruction and either the packetized voice representation and/or the visual data, which instructs the communication device to present on a speaker and/or a display (i.e., a text- to-speech generation component 208d in the gateway 108/208 converts the text files in Voice XML application to voice speech that is output to the user, Gilmore: [0039, 0044, 0048]).
Gilmore presents “voice data that is directly “spoken” to the caller’ which requires a speaker for the user to hear (Gilmore: [0033, 0039, 0044, 0053]), Gilmore does not explicitly disclose, however Dhara discloses the packetized voice representation to be converted to audio for presentation to the user via a speaker and to present the audio to the user via the speaker (i.e., IP device 102 is an IP phone, computer, PDA, or other device capable of communicating voice signals over an IP network 104, Dhara: [0019). Text-to-speech function 204 performs the conversion of text to speech, Dhara: [0025, 0028]. IP device includes an output device 124, e.g., a speaker, to present audio information to the user, Dhara: [0022, 0032]; Fig. 2).
It would have been obvious to one of ordinary skill in the art at the time of the invention to employ the use of having discloses the packetized voice representation to be converted to audio for presentation to the user via a speaker and to present the audio to the user via the speaker in the system of Gilmore and Dodrill, as Dhara teaches so as to play audio outputs from the voice application to the user and the user can respond to the options available.
Gilmore, Dodrill and Dhara do not disclose, however Maes discloses wherein the one or more applications servers are configured to continue execution of the identified application until the at least one communication device terminates the first data socket connection (i.e., Fig. 28 discloses a diagram of message exchanges (for a successful session setup and termination) between a client (mobile terminal) and speech server. The message flows show session initiation, ...and finally session termination. Hence, the interaction between server and client continues until the session is terminated, Maes: Fig. 28; the BYE signal, sent by the user, i.e. the one communication device, terminates the session, see column 25, lines 4-5).
It would have been obvious to one of ordinary skill in the art at the time of the invention to employ the use of having communication session continues until the identified application terminates in the system of Gilmore, Dodrill and Dhara, as Maes teaches so as the user can continue using the open session.
wherein the at least one communication device does not include an Internet browser or voice XML browser and the communication session is not a telephone call (i.e., Gilmore: [0031, 0039-0040]).
Claims 31 and 44 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Gilmore in view of Dodrill further in view of Dhara yet further in view of Maes as applied to claims 29 and 43 above, and further in view of U.S. Patent Application Publication No. 2006/0256950 to Patel et al. (hereinafter Patel).
As to claims 31, 44, Gilmore-Dodrill-Dhara-Maes discloses the thin-client software program facilitates communication between the user and the one or more application servers via the at least one communication device (i.e., the thin client can execute instructions received from the application server (e.g., Gilmore’s voice gateway 108/208) to present voice prompts to the user and record the user’s responses to the prompts. Playing voice prompts and recording and uploading responses for processing by voice gateway 108/208 facilitates communications between voice gateway 108/208 and the user's communication device 102/202. It facilitates providing instructions to the user and organizing the responses that voice gateway can process to determine whether to access another script to further the interactive voice session, Gilmore: [0051]).
Gilmore-Dodrill-Dhara-Maes does not disclose, however Patel discloses the thin- client software program is preinstalled on or downloaded to the at least one communication device (i.e., that software programs, such as Dodrill’s thin client, can be “downloaded as a computer program product” to the user’s communication device “via a communication link (e.g., a modem or network connection)”, Patel: [0026]).
It would have been obvious to one of ordinary skill in the art at the time of the invention to employ the use of having the thin-client software program is preinstalled on or downloaded to the at least one communication device in the system of Gilmore- Dodrill-Dhara-Maes, as Patel teaches so as to provide immediate access to the software for the user.
Claim 42 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Gilmore in view of Dodrill further in view of Dhara yet further in view of Maes as applied to claim 40 above, and further in view of U.S. Patent No. 7,191,233 to Miller. (hereinafter Miller).
As to claim 42, Gilmore-Dodrill-Dhara-Maes does not disclose, however Miller discloses a database is further operable to store information about the one or more communication device (i.e., database 155 stores device profile information, Miller: Fig. 1, 6:3-13).
It would have been obvious to one of ordinary skill in the art at the time of the invention to employ the use of having a database is further operable to store information about the one or more communication device in the system of Gilmore-Dodrill-Dhara- Maes, as Miller teaches so as to store device information for easy access.
Claims 47, 63, and 65 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Gilmore in view of Dodrill further in view of Dhara yet further in view of Maes as applied to claims 45 and 61 above, and further in view of U.S. Patent Application Publication No. 2004/0122941 to Creamer et al. (hereinafter Creamer).
As to claims 47, 63, Gilmore-Dodrill-Dhara-Maes discloses the second application server comprises a plurality of servers (i.e., the second application server 212 and related computer systems, including backend systems 216, Gilmore: [0040]).
Gilmore-Dodrill-Dhara-Maes does not disclose, however Creamer discloses wherein the one or more application servers comprises a plurality of servers (i.e., an analogous IVR system 125, Creamer: Abstract, [0004]. “IVR system 125 can include one or more IVR applications hosted on one or more IVR servers. [T]he IVR system 125 can include a stand-alone solution contained within a single server interfacing directly with the telecom network 110 without being communicatively linked to the computer communications network 120. The IVR system 125 can alternatively be implemented by multiple servers in a distributed fashion.”, Creamer: [0025]).
It would be obvious to one of ordinary skill in the art at the time of the invention to employ the use of having the one or more application servers comprises a plurality of servers in the system of Gilmore-Dodrill-Dhara-Maes, as Creamer teaches so as to host each of the Gilmore’s applications 208a-f of gateway 108/208 on separate servers (each executing its own “application”) to allow each server to specialize in a particular function.
As to claim 65, Gilmore-Dodrill-Dhara-Maes discloses wherein the voice processing software program comprises at least one selected from the group of: a voice recognition application, a speech-to-text application, and a text-to-speech application, and wherein the packetized voice data, when converted to text, identifies the application to be executed during the communication session (i.e., voice processing software 108/208 includes “speech recognition engine 208e”, a speech recognition engine using grammars, suggesting that it routinely performs a speech-to-text conversion to check conformance to the grammar, Gilmore: [0037, 0039, 0051-0052).
Gilmore-Dodrill-Dhara-Maes do not disclose a voice processing software program generates a text representation of the packetized voice data.
Creamer discloses a program for converting speech to text as part of the invention, to track and record user interactions with the IVR system (see paragraph 11).
Therefore it would also have been obvious to one of ordinary skill in the art at the time the invention was made to have modified the invention of Gilmore-Dodrill-Dhara-Maes as per Creamer, to track and record user interactions with the IVR system.
Response to Arguments
Applicant's arguments filed 13 June 2025 have been fully considered but they are not persuasive, as the grounds of rejection have been modified in view of Applicant’s amendments.
Conclusion
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/MATTHEW E HENEGHAN/Primary Examiner, Art Unit 3992
Conferees:
/Ovidio Escalante/
Primary Examiner, Art Unit 3992
/M.F/Supervisory Patent Examiner, Art Unit 3992
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