REISSUE FINAL OFFICE ACTION
This is a Final Office Action in Reissue Application 17/525,414 (“the ‘414 application”) for U.S. Patent No. 10,652,388 (“the ‘388 Patent”) in response to the remarks filed March 5, 2026 (“Remarks”).
Claims 1-18 are original. Claims 19-67 have been previously added. Claims 1-67 are currently pending.
Reason for Reissue and Declaration
This is a broadening reissue. The Declaration By The Assignee (“Reissue Dec”) filed November 12, 2021, states,
“Patentee seeks to broaden claim 1 by the addition of new claims 19-21.”
Defective Reissue Declaration
The Reissue Dec is defective (see 37 CFR 1.175 and MPEP § 1414) because it fails to “specifically identify an error . . . by reference to the specific claim(s) and the specific claim language wherein lies the error.”
Per MPEP 1414 II, “[a] statement in the oath/declaration of "…failure to include a claim directed to …" and then reciting all the limitations of a newly added claim, would not be considered a sufficient "error" statement because applicant has not pointed out what the other claims lacked that the newly added claim has, or vice versa. Such a statement would be no better than saying in the reissue oath or declaration that "this application is being filed to correct errors in the patent which may be noted from the change made by adding new claim 10." In both cases, the error has not been identified.”
While the Reissue Dec identifies the specific claim that has the error (i.e., claim 1), it does not specifically identify the claim language that contains the error or how the new claims differ from the original claims.
Claim Rejections - 35 USC § 251 Rejections
Defective Declaration
Claims 1-67 are rejected as being based upon a defective reissue declaration under 35 U.S.C. 251 as set forth above. See 37 CFR 1.175. The nature of the defect(s) in the declaration is set forth in the discussion above in this Office action.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitations use a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) is/are:
Claims
Functional Phrase #
Generic Placeholder with Linking Phrase
Function
Corresponding Structure or Algorithm in the Specification of the ‘388 Patent
1
1
one or more processors configured to
obtain display data from the server, wherein the display data (1) is generated based on configuration data associated with the called party and (2) includes an identifier of a software program
3:9-21; 6:31-42; 7:57-64; 9:19-51; 10:5-13; Figs. 4-7 and associated descriptions
1
2
one or more processors configured to
cause display of visual content generated based on the display data by installing and executing the software program identified in the display data on the device associated with the calling party, the installing and the executing occurring upon receipt of identification of the software program
3:9-21; 5:53-64; 6:31-42; 7:57-64; 8:63-67; 9:19-51; 10:5-13; Figs. 4-7 and associated descriptions
19
3
one or more processors configured to
install the software program on the device associated with the calling party
5:64-6:4; 6:31-42; 7:57-64; 9:19-51; 10:5-13; Figs. 4-7 and associated descriptions
19
4
one or more processors configured to
cause display of visual content generated based on the display data by executing the software program on the device associated with the calling party
3:9-21; 5:53-64; 6:31-42; 7:57-64; 9:19-51; 10:5-13; Figs. 4-7 and associated descriptions
25
5
one or more processors configured to
cause display of visual content on the device associated with the calling party generated based on the obtained display
3:9-21; 5:53-64; 6:31-42; 7:57-64; 9:19-51; 10:5-13; Figs. 4-7 and associated descriptions
39
6
one or more processors configured to
cause display of visual content on the device associated with the calling party generated based on the obtained display
3:9-21; 5:53-64; 6:31-42; 7:57-64; 9:19-51; 10:5-13; Figs. 4-7 and associated descriptions
56
7
one or more processors configured to
cause display of visual content on the device associated with the calling party generated based on the obtained display
3:9-21; 5:53-64; 6:31-42; 7:57-64; 9:19-51; 10:5-13; Figs. 4-7 and associated descriptions
Table 1: Identification of § 112 ¶ (f) Claim Limitations
and Corresponding Structure
Because these claim limitations are interpreted under § 112 ¶ (f), they are “construed to cover the corresponding structure … described in the specification and equivalents thereof.” § 112 ¶ (f).
Additional Findings of Fact Regarding § 112 ¶ (f):
The ‘388 Patent at 5:58-6:4 states:
For example, the display data may include some code based on a markup language (e.g., HTML). In another example, the display data may include some code based on a proprietary language for defining appearances of various objects included in the visual content. In these examples, the code may be used by calling entity 110 to generate and cause display of visual content. In some embodiments, the display data may include a software program or an identifier of the software program on calling entity 110. Upon receiving the software program or the identifier of the software program, calling entity 110 may install and/or execute the software program. The software program may be programmed to generate and cause display of visual content.
The ‘388 Patent at 7:57-60 states:
In FIG. 6, visual content 600 may be generated by a software program executing on calling entity 110. For example, the software program may be executed in response to receiving display data from server 130.
Based upon the original specification, drawings, abstract, and claims (“Original Disclosure”); the prosecution history of the ‘388 Patent, the paragraphs from the ‘388 Patent quoted above, and with particular emphasis on the functional claim language identified in Table 1, the Examiner finds that the claimed functionalities must be software implemented. In other words, based upon a review of the Original Disclosure and prosecution history, the Original Disclosure does not disclose any hardware only implemented embodiments for the claimed invention.
Furthermore, based upon the express wording within the phrases identified in Table 1 above, the Original Disclosure, and the prosecution history, the Examiner finds that special programming (i.e., algorithms) are required to perform the claimed functions identified in Table 1. In other words, the Examiner finds that the claimed functionalities are not coextensive with a microprocessor or general purpose computer.
Because special programming (or algorithms) are required to perform the claimed functions identified in Table 1, the Examiner finds that one or more processors are not general purpose computers but special purpose computers which require special programming (i.e., algorithms) to perform the claimed functions. See e.g., EON Corp. IP Holdings LLC v. AT&T Mobility LLC, 785 F.3d 616, 622 (Fed. Cir. 2015)(quoting In re Alappat, 33 F.3d 1526, 1545 (Fed. Cir. 1994) (en banc)) (“Specifically, Alappat reasoned that ‘a general purpose computer in effect becomes a special purpose computer once it is programmed to perform particular functions pursuant to instructions from program software.’”).
Based upon the express wording within the phrases identified above in Table 1, the Original Disclosure, and the prosecution history, the Examiner finds that to a POSITA, the claim language itself does not expressly recite algorithm(s) for accomplishing each of the claimed functions. Because algorithm(s) to perform each phrase identified above are not expressly recited in the claims, the claim language, by definition, does not expressly recite sufficient structure (i.e., in the form of algorithms) to perform the claimed functions.
For example, the claim language itself does not provide a step-by-step procedure (i.e., an algorithm) explaining how to perform the functions identified in Table 1.
Because the algorithms needed to perform the claimed functions (for each phrase identified in Table 1 above) are not expressly recited in the claims and to avoid improperly reading the specification into the claim,1 another claim construction principle is needed to properly bring any algorithms from the specification into the claims. Thus, the claim language requires the use of § 112 ¶ 6.
Claim Rejections - 35 USC § 103
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.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 19-24 and 39-67 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 8,990,304 to Hameleers et al. (“Hameleers”) and U.S. 9,838,541 to Brown (“Brown”).
As per claim 19, Hameleers discloses a device associated with a calling party (Fig. 4), the device comprising:
one or more processors configured to (5:48-52, “The calling party's terminal MS-A and the called party's terminal MS-B can be mobile terminals for a GPRS (General Packet Radio System) network or a UMTS (Universal Mobile Telecommunication System) network.”):
obtain a request to establish a communication session with a device associated with a called party (9:63-67, “In a call set up procedure 301 between the calling party's terminal MS-A3 and the core network node CNB3 a call from the calling party's terminal MS-A3 to the called party's terminal MS-B3 is initiated.” Fig. 3.);
in response to obtaining the request to establish the communication session:
attempt to initiate the communication session (9:63-67, “In a call set up procedure 301 between the calling party's terminal MS-A3 and the core network node CNB3 a call from the calling party's terminal MS-A3 to the called party's terminal MS-B3 is initiated.” Fig. 3.);
transmit an identifier of the called party to a server (9:67-10:3, “In the call set up procedure 301 a called party number related to the called party's terminal MS-B3 and a calling party number related to the calling party's terminal MS-A3 is transmitted to the core network node CNB3.” 10:17-22, “To initiate the providing of the service the core network node sends a message 303 to the network server in the service network SN3, the message 303 comprising a first identification of the called party's terminal MS-B3 e.g. the called party number. Furthermore the message 303 comprise the calling party number.”);
obtain display data from the server, wherein the display data includes an identifier of a software program (10:32-11:11, “To that end the network server can send a request for the information enabling the presenting of the multimedia information to the network database, wherein the request comprises the identification of the called party. Upon reception of the request the network database retrieves the stored information enabling the presenting of the multimedia information using the received identification of the called party. The network database provides the information enabling the presenting of the multimedia information to the network server. The information enabling the presenting of the multimedia information can be the multimedia information itself or a network address enabling retrieving of the multimedia information. The network address enabling retrieving of multimedia information can be a URL (Uniform Resource Locator). The identification of the called party's terminal MS-B3 can be a called party number such as a number compliant with the E.164 specification of the International Telecommunication Union. The network server sends a message 304 comprising the information enabling the presenting of the multimedia information related to the called party and an identification of the called party's terminal MS-B3 to the calling party's terminal MS-A3. In case the further identification of the called party has been determined, the further identification is used as the identification of the called party's terminal MS-B3. The message 304 can comply with the SIP (Session Initiation Protocol). The received identification of the called party and the identification of the called party stored at call setup are compared in the calling party's terminal MS-A3. If the received identification and the identification stored at call set up are identical, multimedia information related to the called subscriber is retrieved by the calling party's terminal MS-A3. Either the multimedia media information is retrieved from the message 304 or, if a network address enabling retrieving of multimedia information has been comprised in the message 304, the multimedia information is retrieved using the network address. The multimedia information can be e.g. stored related to a Uniform Resource Locator (URL), the network address in this case, by a web server. The multimedia information can then be requested by the calling party's terminal MS-A3 from the web server and returned to the calling party's terminal MS-A3 in a response by the web server. In the request to the web server the URL for the multimedia information can be used.” Thus, a URL can be seen as an identifier. See also “Initiate CLID application” in Fig. 3, which would require identification of the CLID application in order to initiate it.);
While Hameleers discloses initiating a CLID application, it does not expressly disclose installing the software program on the device associated with the calling party. Although, Examiner finds that for a software program to execute on a device, it would necessarily have to be first identified and installed.
Brown discloses installing software on a device associated with a calling party:
“[o]ther software may be installed on a party's communication device to alter or enhance the presentation of media. For example, a set of APIs (Application Programming Interfaces)2 may be provided to allow injection of particular types of content. The APIs may be used to facilitate presentation of content in association with a telephone call.” (Brown, 7:6-12) Brown also discloses “[c]aller telephone 110 hosts any number of applications, applets, plug-ins, or other collections of executable program code. Illustrative code that may be installed on the caller telephone includes browser 112 for presenting and navigating content, one or more other applications in addition to browser 112 (e.g., a game, a chat utility), call processor 114 (e.g., a dialer application) for processing an outgoing or incoming call, and optional block/allow list 116.” (Id., 6:21-28) Brown further discloses “[c]ontent presented before, during, and/or after a telephone call may be accompanied by one or more controls for taking action, such as seeing more content, navigating to a particular web page or web site, downloading content, ordering a good or service, adding another party to the call, re-routing or aborting the call in favor of a different destination, sharing the content displayed on one party's device (or some other content) with another party, terminating the sharing or presentation of content, or initiating other action enabled by the content.” (Id., 4:35-44)
“Database(s) 140 are configured to store data regarding subscribers and their communication/computing devices, content that may be presented on such devices, information regarding advertisers and/or other third parties that may provide content, factors for determining or selecting content to be presented for a particular call, etc. Call server 130 may also expose various APIs (Application Programming Interfaces) to allow third parties to provide media for presentation in association with a telephone call, and/or other logic for retrieving or obtaining such content from a third party.” (Id., 9:6-15)
“As described previously, when a caller or called party's communication device is not capable of presenting rich (e.g., multimedia) content, pre-ring, in-call, and/or post-call content may be presented on a selected computing device. The content may be presented within a traditional browser program, within an application provided by an operator of a call server (or by some other entity), via an instant messaging program or electronic mail, or in some other manner.” (Id., 16:20-27) Thus, an application is identified along with the content.
“Content selection logic 1226 comprises processor-executable instructions for selecting a source of content, or specific content, to be presented to a party to a telephone call. If presentation of content is to be controlled by an entity other than call server 1200, content selection logic 1226 (or another component of the call server) may select a call controller to manage the content presentation.” (Id., 28:42-48)
“In the illustrated scenario, payment information window 1310 is displayed to offer the payor three options—PayPal®, Google Mobile Wallet, and credit/debit card. In other scenarios, any number (i.e., 1 or more) of the same and/or different options may be offered (e.g., Apple Pay®, Google Wallet™, Samsung Pay®).” (Id., 29:53-59)
“If a payment mechanism was pre-selected and/or pre-configured by the payor, some of this information (e.g., which credit card to use, credit card number) may be automatically supplied by the payor's device (e.g., the application that generated and/or displayed window 1310).” (Id., 30:19-24)
In the example in Fig. 13, when the content is displayed to the user, it includes identification of software applications the user can use to make a payment.
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558
752
media_image1.png
Greyscale
Fig. 13 of Brown showing a payment window application in the displayed content
At the time of the invention, it would have been obvious to a person of ordinary skill in the art to modify Hameleers to install a software program on the device associated with the calling party as disclosed by Brown as doing so facilitates the presentation of multimedia content that would not otherwise be able to be displayed to the caller (“As described previously, when a caller or called party's communication device is not capable of presenting rich (e.g., multimedia) content, pre-ring, in-call, and/or post-call content may be presented on a selected computing device. The content may be presented.. within an application provided...” (Brown, 16:20-27)
cause display of visual content generated based on the display data by executing the software program on the device associated with the calling party
In Figs. 2 and 3, Hameleers discloses executing a “CLID application” to set up a call. Fig. 3 shows the calling party’s terminal MS-A3 initial call setup that triggers a start of the CLID application at a core network node CNB3 that, in turn, initiates a CLID application at the service network SN3 for providing multimedia information to the calling party’s terminal.
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660
536
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Fig. 3 of Hameleers showing execution of the CLID application
Hameleers also discloses use of a URL to display the visual content (where a browser3 is a software program used to read/open URLs4 and download files).
“In the core network node CNB3 a demand for providing a service is recognized in a step 302. This recognizing can be performed in the core network node CNB3 based on subscriber data stored related to the user of the called party's terminal MS-B3 by the core network node CNB3. Said subscriber data can be related to an IN (intelligent network) subscription or a CAMEL (Customized Applications for Mobile network Enhanced Logic) subscription of the called party's terminal MS-B3 user. To initiate the providing of the service the core network node sends a message 303 to the network server in the service network SN3, the message 303 comprising a first identification of the called party's terminal MS-B3 e.g. the called party number. Furthermore the message 303 comprise the calling party number.
The network server recognizes according to the received message 203, that the service to be provided comprises a presenting of multimedia information that is related to the called party to the user of the calling party's terminal MS-A3. Furthermore the network server determines according to the identification of the called party's terminal MS-B3 information enabling presenting of multimedia information related to the called party and, optionally a further identification of the called party's terminal MS-B3.
To that end the network server can send a request for the information enabling the presenting of the multimedia information to the network database, wherein the request comprises the identification of the called party. Upon reception of the request the network database retrieves the stored information enabling the presenting of the multimedia information using the received identification of the called party. The network database provides the information enabling the presenting of the multimedia information to the network server.
The information enabling the presenting of the multimedia information can be the multimedia information itself or a network address enabling retrieving of the multimedia information. The network address enabling retrieving of multimedia information can be a URL (Uniform Resource Locator). The identification of the called party's terminal MS-B3 can be a called party number such as a number compliant with the E.164 specification of the International Telecommunication Union.
The network server sends a message 304 comprising the information enabling the presenting of the multimedia information related to the called party and an identification of the called party's terminal MS-B3 to the calling party's terminal MS-A3. In case the further identification of the called party has been determined, the further identification is used as the identification of the called party's terminal MS-B3.” (Id., 10:9-56)
Thus, Hameleers discloses executing applications when the server recognizes that the content requested for the particular caller is multimedia content that requires applications (i.e., initiate CLID application) to be presented on the calling party’s terminal. Futher, Hameleers necessarily has to identify the application (i.e., the CLID application) in order to execute it.
Claim 22 recites substantially similar subject matter to claim 19. Therefore, claim 22 is rejected on the same rationale as claim 19.
As per claim 20, Hameleers discloses the device of claim 19, wherein the request to establish the communication session is received via a smartphone interface (9:63-67, “In a call set up procedure 301 between the calling party's terminal MS-A3 and the core network node CNB3 a call from the calling party's terminal MS-A3 to the called party's terminal MS-B3 is initiated.” Figs. 1-4.).
Brown also discloses this (6:6-9, “In illustrative embodiments, a party's communication device may be a smartphone, a tablet, or other mobile (or stationary) device having telephony capability.”).
Claim 23 recites substantially similar subject matter to claim 20. Therefore, claim 23 is rejected on the same rationale as claim 20.
As per claim 21, Hameleers discloses the device of claim 20, wherein the request to establish the communication session is dialing a phone number via the smartphone interface (6:21-25, “The calling party's terminal MS-A can store an identification of the called party at call set up in a step 50. Preferably this identification of the called party is a called party number that complies with the E.164 specification of the International Telecommunication Union.”).
Brown also discloses this (6:29-30, “Call processor 114 comprises logic for detecting and/or controlling telephone events (e.g., dialing of a number...” Fig. 1).
Claim 24 recites substantially similar subject matter to claim 21. Therefore, claim 24 is rejected on the same rationale as claim 21.
As per claim 39, Hameleers discloses a device associated with a calling party (Fig. 4), the device comprising:
one or more processors configured to: (5:48-52, “The calling party's terminal MS-A and the called party's terminal MS-B can be mobile terminals for a GPRS (General Packet Radio System) network or a UMTS (Universal Mobile Telecommunication System) network.”)
obtain a request to establish a communication session with a device associated with a called party (9:63-67, “In a call set up procedure 301 between the calling party's terminal MS-A3 and the core network node CNB3 a call from the calling party's terminal MS-A3 to the called party's terminal MS-B3 is initiated.” Fig. 3.),
in response to obtaining the request to establish the communication session:
attempt to initiate the communication session (9:63-67, “In a call set up procedure 301 between the calling party's terminal MS-A3 and the core network node CNB3 a call from the calling party's terminal MS-A3 to the called party's terminal MS-B3 is initiated.” Fig. 3.);
transmit an identifier of the called party to a server (9:67-10:3, “In the call set up procedure 301 a called party number related to the called party's terminal MS-B3 and a calling party number related to the calling party's terminal MS-A3 is transmitted to the core network node CNB3.” 10:17-22, “To initiate the providing of the service the core network node sends a message 303 to the network server in the service network SN3, the message 303 comprising a first identification of the called party's terminal MS-B3 e.g. the called party number. Furthermore the message 303 comprise the calling party number.”);
obtain display data from the server (10:32-11:11, “To that end the network server can send a request for the information enabling the presenting of the multimedia information to the network database, wherein the request comprises the identification of the called party. Upon reception of the request the network database retrieves the stored information enabling the presenting of the multimedia information using the received identification of the called party. The network database provides the information enabling the presenting of the multimedia information to the network server. The information enabling the presenting of the multimedia information can be the multimedia information itself or a network address enabling retrieving of the multimedia information. The network address enabling retrieving of multimedia information can be a URL (Uniform Resource Locator). The identification of the called party's terminal MS-B3 can be a called party number such as a number compliant with the E.164 specification of the International Telecommunication Union. The network server sends a message 304 comprising the information enabling the presenting of the multimedia information related to the called party and an identification of the called party's terminal MS-B3 to the calling party's terminal MS-A3. In case the further identification of the called party has been determined, the further identification is used as the identification of the called party's terminal MS-B3. The message 304 can comply with the SIP (Session Initiation Protocol). The received identification of the called party and the identification of the called party stored at call setup are compared in the calling party's terminal MS-A3. If the received identification and the identification stored at call set up are identical, multimedia information related to the called subscriber is retrieved by the calling party's terminal MS-A3. Either the multimedia media information is retrieved from the message 304 or, if a network address enabling retrieving of multimedia information has been comprised in the message 304, the multimedia information is retrieved using the network address. The multimedia information can be e.g. stored related to a Uniform Resource Locator (URL), the network address in this case, by a web server. The multimedia information can then be requested by the calling party's terminal MS-A3 from the web server and returned to the calling party's terminal MS-A3 in a response by the web server. In the request to the web server the URL for the multimedia information can be used.” Thus, a URL can be seen as an identifier. See also “Initiate CLID application” in Fig. 3, which would require identification of the CLID application in order to initiate it.),
Brown discloses wherein the display data includes contact information associated with a called party, and wherein the contact information includes at least one of a hyperlink to a webpage associated with the called party, or a link to a social media page providing information on a called party (15:7-15, “Content 810 of FIG. 8 not only identifies the other party to a current call, but also includes content drawn from an electronic presence of the other party (or a third party), such as content from LinkedIn®, Facebook®, Twitter™ and/or other web sites or content repositories. Yet other content may be accessed by either or both of the parties to the call, by activating an appropriate control within content 810 to open a YouTube video, view a photo at Flickr, listen to some audio, etc.” 21:14-17, “personalized content may be presented to the caller with a control that helps the caller navigate to the called party's social network web page” Fig. 8).
At the time of the invention, it would have been obvious to a person of ordinary skill in the art to modify Hameleers to include displaying contact information that includes at least one of a hyperlink to a webpage associated with the called party, or a link to a social media page providing information on a called party as doing so enables the called party such as a business to provide contact information to customers and potential customers that includes the various ways the business can be reached or their information can be viewed (i.e., via a website, social media, etc., in addition to the phone number the caller used).
cause display of visual content on the device associated with the calling party generated based on the obtained display data (6:40-60, “Upon reception of the call setup message 21, the multimedia information related to the calling party is retrieved according to the received identification of the multimedia information. I.e. if the multimedia information related to the calling party itself has been stored in the called party's terminal MS-B in the step 40, the multimedia information is retrieved from the storage in the called party's terminal MS-B. If a network address enabling retrieving of the multimedia information has been stored in the called party's terminal MS-B, the network address is retrieved according to the identification of the multimedia information, and the multimedia information is retrieved using the network address. The multimedia information can be e.g. stored related to a Uniform Resource Locator (URL), the network address in this case, by a web server WS. The multimedia information is then requested in a first request message 61 from the called party's terminal MS-B to the web server WS, and returned to the called party's terminal MS-B in a first response 62 by the web server WS. The multimedia information related to the calling party is presented to the user of the called party's terminal MS-B.” 11:9-11, “The multimedia information related to the called party is presented to the user of the calling party's terminal MS-A3.” 11:38-44, “The processing system PS is adapted to process a received call setup message comprising the identification of the multimedia information, to retrieve the multimedia information according to the identification of the multimedia information from the memory device MD, and to initiate presenting the multimedia information to the user of the mobile station via the output device OD.” Figs. 3-7).
Claim 50 recites substantially similar subject matter to claim 39. Therefore, claim 50 is rejected on the same rationale as claim 39.
As per claim 40, Brown discloses the device of claim 39, wherein the contact information is at least one of a name of the called party, or a street address of the called party (Fig. 8 shows a name.).
As per claim 41, Brown discloses the device of claim 39, wherein the contact information includes an image associated with the called party (Fig. 7 shows an image.).
As per claim 42, Brown discloses the device of claim 39, wherein the contact information includes biographic information of the called party (Fig. 8 shows a birthday.).
As per claim 43, Hameleers discloses the device of claim 39, wherein the device is a smartphone having a smartphone interface such that a user can select the hyperlink to the webpage or the link to the social media page via the smartphone interface (11:2-11, “The multimedia information can be e.g. stored related to a Uniform Resource Locator (URL), the network address in this case, by a web server. The multimedia information can then be requested by the calling party's terminal MS-A3 from the web server and returned to the calling party's terminal MS-A3 in a response by the web server. In the request to the web server the URL for the multimedia information can be used. The multimedia information related to the called party is presented to the user of the calling party's terminal MS-A3.” The use of a URL is used to retrieve content from a web server. It is old and well known that when a user selects a hyperlink (i.e., a URL), this causes the display to show the destination of the URL, which is typically a webpage.). See also Brown, Fig. 8, which shows hyperlinks for the user to select. Brown, 21:14-17, “personalized content may be presented to the caller with a control that helps the caller navigate to the called party's social network web page.”
As per claim 44, Hameleers and Brown do not expressly disclose the device of claim 39, wherein the contact information includes at least one of the hours of operation, special hours of operation, holiday hours, vacation shutdown period, or when next open.
However, Brown does disclose that an online calendar may be accessed to determine a party’s availability (21:13-18, “For example, if a called party is busy and cannot take the caller's call immediately, personalized content may be presented to the caller with a control that helps the caller navigate to the called party's social network web page, to an online calendar for making an appointment or seeing when the called party will be available for a call, etc.”). Examiner takes Official Notice that displaying contact information that includes at least one of the hours of operation, special hours of operation, holiday hours, vacation shutdown period, or when next open is an old and well known business practice conducted by businesses to keep customers abreast of when they can patronize the business.
As per claim 45, Brown discloses the device of claim 39, wherein the visual content is displayed after obtaining the request to establish the communication session but before the communication session is established (10:11-23, “When content is presented to a caller pre-ring (e.g., before a destination party's telephone rings, before a chat session is established with a recipient of the communication connection)...” 11:28-30, “Content may be presented to either party before the called party's telephone rings, during the parties' call and/or after the call is terminated.” 14:4-10, “Content 710 of FIG. 7 is presented to a caller pre-ring, when he commences a call to a friend or acquaintance (e.g., someone within her list of contacts or friends). Instead of only seeing the name and/or number of the person he is calling, the caller receives additional information regarding the called party and/or other people, such as a picture of the called party.” Where pre-ring indicates the time before the communication session is established.)
At the time of the invention, it would have been obvious to a person of ordinary skill in the art to modify Hameleers to include displaying the visual content after obtaining the request to establish the communication session but before the communication session is established as doing so enables the called party to target relevant content to the caller (Brown 4:28-34, “For a telephone call with an organization (e.g., a merchant, a business), an advertisement or special offer from that entity (or from an associate or a competitor of that entity) may be presented (e.g., a video ad, a social media ad, a Google AdSense Ad™, a yellow page ad), or a menu or list of services, directions or location information, information regarding a current or recent transaction, etc.”), thereby enhancing their ability to provide targeted marketing to customers and potential customers while customers/potential customers are waiting for the communication session to be established.
As per claim 46, Hameleers discloses the device of claim 39, wherein the visual content is displayed on a smartphone interface (9:63-67, “In a call set up procedure 301 between the calling party's terminal MS-A3 and the core network node CNB3 a call from the calling party's terminal MS-A3 to the called party's terminal MS-B3 is initiated.” Figs. 1-4.).
Brown also discloses this (6:6-9, “In illustrative embodiments, a party's communication device may be a smartphone, a tablet, or other mobile (or stationary) device having telephony capability.”).
As per claim 47, Hameleers discloses the device of claim 46, wherein the visual content is displayed on the smartphone interface such that a user can select the hyperlink to the webpage or the link to the social media page via the smartphone interface (11:2-11, “The multimedia information can be e.g. stored related to a Uniform Resource Locator (URL), the network address in this case, by a web server. The multimedia information can then be requested by the calling party's terminal MS-A3 from the web server and returned to the calling party's terminal MS-A3 in a response by the web server. In the request to the web server the URL for the multimedia information can be used. The multimedia information related to the called party is presented to the user of the calling party's terminal MS-A3.” The use of a URL is used to retrieve content from a web server. It is old and well known that when a user selects a hyperlink (i.e., a URL), this causes the display to show the destination of the URL, which is typically a webpage.). See also Brown, Fig. 8, which shows hyperlinks for the user to select. Brown, 21:14-17, “personalized content may be presented to the caller with a control that helps the caller navigate to the called party's social network web page.”
As per claim 48, Hameleers discloses the device of claim 47, wherein the one or more processors are further configured to cause display of the webpage associated with the called party in response to the user of the device selecting the hyperlink (11:2-11, “The multimedia information can be e.g. stored related to a Uniform Resource Locator (URL), the network address in this case, by a web server. The multimedia information can then be requested by the calling party's terminal MS-A3 from the web server and returned to the calling party's terminal MS-A3 in a response by the web server. In the request to the web server the URL for the multimedia information can be used. The multimedia information related to the called party is presented to the user of the calling party's terminal MS-A3.” The use of a URL is used to retrieve content from a web server. It is old and well known that when a user selects a hyperlink (i.e., a URL), this causes the display to show the destination of the URL, which is typically a webpage.). See also Brown, Fig. 8, which shows hyperlinks for the user to select. Brown, 21:14-17, “personalized content may be presented to the caller with a control that helps the caller navigate to the called party's social network web page.”
As per claim 49, Hameleers discloses the device of claim 47, wherein the one or more processors are further configured to cause display of the social media page associated with the called party in response to the user of the device selecting the link (11:2-11, “The multimedia information can be e.g. stored related to a Uniform Resource Locator (URL), the network address in this case, by a web server. The multimedia information can then be requested by the calling party's terminal MS-A3 from the web server and returned to the calling party's terminal MS-A3 in a response by the web server. In the request to the web server the URL for the multimedia information can be used. The multimedia information related to the called party is presented to the user of the calling party's terminal MS-A3.” The use of a URL is used to retrieve content from a web server. It is old and well known that when a user selects a hyperlink (i.e., a URL), this causes the display to show the destination of the URL, which is typically a webpage.). See also Brown, Fig. 8, which shows hyperlinks for the user to select. Brown, 21:14-17, “personalized content may be presented to the caller with a control that helps the caller navigate to the called party's social network web page.”
As per claim 51, Brown discloses the method of claim 50, wherein the visual content is displayed after obtaining the request to establish the communication session but before the communication session is established (10:11-23, “When content is presented to a caller pre-ring (e.g., before a destination party's telephone rings, before a chat session is established with a recipient of the communication connection)...” 11:28-30, “Content may be presented to either party before the called party's telephone rings, during the parties' call and/or after the call is terminated.” 14:4-10, “Content 710 of FIG. 7 is presented to a caller pre-ring, when he commences a call to a friend or acquaintance (e.g., someone within her list of contacts or friends). Instead of only seeing the name and/or number of the person he is calling, the caller receives additional information regarding the called party and/or other people, such as a picture of the called party.” Where pre-ring indicates the time before the communication session is established.)
At the time of the invention, it would have been obvious to a person of ordinary skill in the art to modify Hameleers to include displaying the visual content after obtaining the request to establish the communication session but before the communication session is established as doing so enables the called party to target relevant content to the caller (Brown 4:28-34, “For a telephone call with an organization (e.g., a merchant, a business), an advertisement or special offer from that entity (or from an associate or a competitor of that entity) may be presented (e.g., a video ad, a social media ad, a Google AdSense Ad™, a yellow page ad), or a menu or list of services, directions or location information, information regarding a current or recent transaction, etc.”), thereby enhancing their ability to provide targeted marketing to customers and potential customers while customers/potential customers are waiting for the communication session to be established.
As per claim 52, Hameleers discloses the method of claim 50, wherein the visual content is displayed on a smartphone interface (9:63-67, “In a call set up procedure 301 between the calling party's terminal MS-A3 and the core network node CNB3 a call from the calling party's terminal MS-A3 to the called party's terminal MS-B3 is initiated.” Figs. 1-4.).
Brown also discloses this (6:6-9, “In illustrative embodiments, a party's communication device may be a smartphone, a tablet, or other mobile (or stationary) device having telephony capability.”).
As per claim 53, Hameleers discloses the method of claim 52, wherein the visual content is displayed on the smartphone interface such that a user can select the hyperlink to the webpage or the link to the social media page via the smartphone interface (11:2-11, “The multimedia information can be e.g. stored related to a Uniform Resource Locator (URL), the network address in this case, by a web server. The multimedia information can then be requested by the calling party's terminal MS-A3 from the web server and returned to the calling party's terminal MS-A3 in a response by the web server. In the request to the web server the URL for the multimedia information can be used. The multimedia information related to the called party is presented to the user of the calling party's terminal MS-A3.” The use of a URL is used to retrieve content from a web server. It is old and well known that when a user selects a hyperlink (i.e., a URL), this causes the display to show the destination of the URL, which is typically a webpage.). See also Brown, Fig. 8, which shows hyperlinks for the user to select. Brown, 21:14-17, “personalized content may be presented to the caller with a control that helps the caller navigate to the called party's social network web page.”
As per claim 54, Hameleers discloses the method of claim 53, further comprising causing display of the webpage associated with the called party in response to the user of the device selecting the hyperlink (11:2-11, “The multimedia information can be e.g. stored related to a Uniform Resource Locator (URL), the network address in this case, by a web server. The multimedia information can then be requested by the calling party's terminal MS-A3 from the web server and returned to the calling party's terminal MS-A3 in a response by the web server. In the request to the web server the URL for the multimedia information can be used. The multimedia information related to the called party is presented to the user of the calling party's terminal MS-A3.” The use of a URL is used to retrieve content from a web server. It is old and well known that when a user selects a hyperlink (i.e., a URL), this causes the display to show the destination of the URL, which is typically a webpage.). See also Brown, Fig. 8, which shows hyperlinks for the user to select. Brown, 21:14-17, “personalized content may be presented to the caller with a control that helps the caller navigate to the called party's social network web page.”
As per claim 55, Hameleers discloses the method of claim 53, further comprising displaying of the social media page associated with the called party in response to the user of the device selecting the link (11:2-11, “The multimedia information can be e.g. stored related to a Uniform Resource Locator (URL), the network address in this case, by a web server. The multimedia information can then be requested by the calling party's terminal MS-A3 from the web server and returned to the calling party's terminal MS-A3 in a response by the web server. In the request to the web server the URL for the multimedia information can be used. The multimedia information related to the called party is presented to the user of the calling party's terminal MS-A3.” The use of a URL is used to retrieve content from a web server. It is old and well known that when a user selects a hyperlink (i.e., a URL), this causes the display to show the destination of the URL, which is typically a webpage.). See also Brown, Fig. 8, which shows hyperlinks for the user to select. Brown, 21:14-17, “personalized content may be presented to the caller with a control that helps the caller navigate to the called party's social network web page.”
As per claim 56, Hameleers discloses a device associated with a calling party (Fig. 4), the device comprising:
one or more processors configured to: (5:48-52, “The calling party's terminal MS-A and the called party's terminal MS-B can be mobile terminals for a GPRS (General Packet Radio System) network or a UMTS (Universal Mobile Telecommunication System) network.”)
obtain a request to establish a communication session with a device associated with a called party (9:63-67, “In a call set up procedure 301 between the calling party's terminal MS-A3 and the core network node CNB3 a call from the calling party's terminal MS-A3 to the called party's terminal MS-B3 is initiated.” Fig. 3.),
in response to obtaining the request to establish the communication session:
attempt to initiate the communication session (9:63-67, “In a call set up procedure 301 between the calling party's terminal MS-A3 and the core network node CNB3 a call from the calling party's terminal MS-A3 to the called party's terminal MS-B3 is initiated.” Fig. 3.);
transmit an identifier of the called party to a server (9:67-10:3, “In the call set up procedure 301 a called party number related to the called party's terminal MS-B3 and a calling party number related to the calling party's terminal MS-A3 is transmitted to the core network node CNB3.” 10:17-22, “To initiate the providing of the service the core network node sends a message 303 to the network server in the service network SN3, the message 303 comprising a first identification of the called party's terminal MS-B3 e.g. the called party number. Furthermore the message 303 comprise the calling party number.”);
obtain display data from the server (10:32-11:11, “To that end the network server can send a request for the information enabling the presenting of the multimedia information to the network database, wherein the request comprises the identification of the called party. Upon reception of the request the network database retrieves the stored information enabling the presenting of the multimedia information using the received identification of the called party. The network database provides the information enabling the presenting of the multimedia information to the network server. The information enabling the presenting of the multimedia information can be the multimedia information itself or a network address enabling retrieving of the multimedia information. The network address enabling retrieving of multimedia information can be a URL (Uniform Resource Locator). The identification of the called party's terminal MS-B3 can be a called party number such as a number compliant with the E.164 specification of the International Telecommunication Union. The network server sends a message 304 comprising the information enabling the presenting of the multimedia information related to the called party and an identification of the called party's terminal MS-B3 to the calling party's terminal MS-A3. In case the further identification of the called party has been determined, the further identification is used as the identification of the called party's terminal MS-B3. The message 304 can comply with the SIP (Session Initiation Protocol). The received identification of the called party and the identification of the called party stored at call setup are compared in the calling party's terminal MS-A3. If the received identification and the identification stored at call set up are identical, multimedia information related to the called subscriber is retrieved by the calling party's terminal MS-A3. Either the multimedia media information is retrieved from the message 304 or, if a network address enabling retrieving of multimedia information has been comprised in the message 304, the multimedia information is retrieved using the network address. The multimedia information can be e.g. stored related to a Uniform Resource Locator (URL), the network address in this case, by a web server. The multimedia information can then be requested by the calling party's terminal MS-A3 from the web server and returned to the calling party's terminal MS-A3 in a response by the web server. In the request to the web server the URL for the multimedia information can be used.” Thus, a URL can be seen as an identifier. See also “Initiate CLID application” in Fig. 3, which would require identification of the CLID application in order to initiate it.),
Brown discloses wherein the display data includes information about the calling party known by the called party or an input prompt interface for the calling party to provide authentication information (12:53-13:3, “Illustratively, content 410 may be presented to a caller during a call with the indicated pizza vendor. Content 410 not only allows the merchant and the caller to verify the caller's current order, but also comprises an advertisement or offer for an additional purchase, and may be presented before, during, or after the call. Specifically, content 410 verifies the customer's order (i.e., for one large Chicago-style pizza, with pepperoni) and the delivery address, and also reminds the customer of a special offer (i.e., $0.99 apple pies on Tuesday nights). Content 410 may also, or instead, provide a control that the caller can actuate to cause the caller's address (e.g., home address, work address, current address) to be transmitted to the merchant or call controller. Illustratively, address information may be stored on the caller's communication device (e.g., in a contact record associated with the caller) and may be automatically transmitted to another party when the caller initiates such action.” 30:15-19, “Thus, the payor may be required to login (to authenticate himself or herself), select a financial account (e.g., credit card, debit card, bank account), provide a password, PIN, CVC (Card Verification Code), or some other security code, etc.” 31:16-19, “The payor may also be prompted to enter a security code (e.g., a CVC, a PIN) and/or details such as expiration date, billing address, shipping address, or electronic mail address, etc.” Figs. 4, 13 ).
At the time of the invention, it would have been obvious to a person of ordinary skill in the art to modify Hameleers to include displaying information about the calling party known by the called party as doing so enables the called party such as a business to identify the calling party and allows the calling party to correct any incorrect identification information. Additionally, this adds convenience for the calling party as it saves the calling party time in needing to provide identification information to the called party/business. Further, it would have been obvious to display an input prompt interface for the calling party to provide authentication information as doing so enables the called party (i.e., business) to validate the user prior to discussing sensitive information.
cause display of visual content on the device associated with the calling party generated based on the obtained display data (6:40-60, “Upon reception of the call setup message 21, the multimedia information related to the calling party is retrieved according to the received identification of the multimedia information. I.e. if the multimedia information related to the calling party itself has been stored in the called party's terminal MS-B in the step 40, the multimedia information is retrieved from the storage in the called party's terminal MS-B. If a network address enabling retrieving of the multimedia information has been stored in the called party's terminal MS-B, the network address is retrieved according to the identification of the multimedia information, and the multimedia information is retrieved using the network address. The multimedia information can be e.g. stored related to a Uniform Resource Locator (URL), the network address in this case, by a web server WS. The multimedia information is then requested in a first request message 61 from the called party's terminal MS-B to the web server WS, and returned to the called party's terminal MS-B in a first response 62 by the web server WS. The multimedia information related to the calling party is presented to the user of the called party's terminal MS-B.” 11:9-11, “The multimedia information related to the called party is presented to the user of the calling party's terminal MS-A3.” 11:38-44, “The processing system PS is adapted to process a received call setup message comprising the identification of the multimedia information, to retrieve the multimedia information according to the identification of the multimedia information from the memory device MD, and to initiate presenting the multimedia information to the user of the mobile station via the output device OD.” Figs. 3-7).
Claim 63 recites substantially similar subject matter to claim 56. Therefore, claim 63 is rejected on the same rationale as claim 56.
As per claim 57, Brown discloses the device of claim 56, wherein the authentication information includes sensitive information associated with the calling party (30:15-19, “Thus, the payor may be required to login (to authenticate himself or herself), select a financial account (e.g., credit card, debit card, bank account), provide a password, PIN, CVC (Card Verification Code), or some other security code, etc.” 31:16-19, “The payor may also be prompted to enter a security code (e.g., a CVC, a PIN) and/or details such as expiration date, billing address, shipping address, or electronic mail address, etc.” Fig. 13).
As per claim 58, Hameleers nor Brown expressly discloses the device of claim 56, wherein the authentication information includes a social security number associated with the calling party.
Examiner takes Official Notice that at the time of the invention, use of a social security number was an old and well known business practice used to authenticate a user.
As per claim 59, Brown discloses the device of claim 56, wherein the information about the calling party includes at least one of a customer number of the calling party assigned by the called party and a loyalty status of the calling party (9:29-41, “Thus, a call to or from a commercial enterprise may be controlled by an agent of that enterprise (e.g., a telephone agent or operator, a sales agent, a customer service representative, a technical support representative, a concierge). That agent can select content for presentation on the other party's communication device based on a purpose of the call, a previous or current transaction between the parties, an offer being made to the other party, etc. Or, such content may be selected automatically, based on whether the organization has a pre-existing relationship with the caller (e.g., whether the caller's telephone number is known), which of multiple telephone numbers of the organization the caller called, etc.”). It is old and well known for businesses to use phone numbers to identify customers (i.e., use them as customer numbers).
At the time of the invention, it would have been obvious to a person of ordinary skill in the art to modify Hameleers to have information about the calling party include a customer number of the calling party assigned by the called party as doing so enables the called party (i.e., the business) to track their interaction with the customer.
Claim 64 recites substantially similar subject matter to claim 59. Therefore, claim 64 is rejected on the same rationale as claim 59.
As per claim 60, Brown discloses the device of claim 56, wherein the visual content includes a text box to enter data for transmission to the called party (30:15-19, “Thus, the payor may be required to login (to authenticate himself or herself), select a financial account (e.g., credit card, debit card, bank account), provide a password, PIN, CVC (Card Verification Code), or some other security code, etc.” 31:16-19, “The payor may also be prompted to enter a security code (e.g., a CVC, a PIN) and/or details such as expiration date, billing address, shipping address, or electronic mail address, etc.” Figs. 4, 13 ).
At the time of the invention, it would have been obvious to a person of ordinary skill in the art to modify Hameleers to display a text box to enter data for transmission to the called party as doing so enables the called party (i.e., business) to enter authentication information so that the business can validate the user prior to discussing sensitive information.
Claim 65 recites substantially similar subject matter to claim 60. Therefore, claim 65 is rejected on the same rationale as claim 60.
As per claim 61, Brown discloses the device of claim 60, wherein the visual content is displayed after obtaining the request to establish the communication session but before the communication session is established (10:11-23, “When content is presented to a caller pre-ring (e.g., before a destination party's telephone rings, before a chat session is established with a recipient of the communication connection)...” 11:28-30, “Content may be presented to either party before the called party's telephone rings, during the parties' call and/or after the call is terminated.” 14:4-10, “Content 710 of FIG. 7 is presented to a caller pre-ring, when he commences a call to a friend or acquaintance (e.g., someone within her list of contacts or friends). Instead of only seeing the name and/or number of the person he is calling, the caller receives additional information regarding the called party and/or other people, such as a picture of the called party.” Where pre-ring indicates the time before the communication session is established.)
At the time of the invention, it would have been obvious to a person of ordinary skill in the art to modify Hameleers to include displaying the visual content after obtaining the request to establish the communication session but before the communication session is established as doing so enables the called party to target relevant content to the caller (Brown 4:28-34, “For a telephone call with an organization (e.g., a merchant, a business), an advertisement or special offer from that entity (or from an associate or a competitor of that entity) may be presented (e.g., a video ad, a social media ad, a Google AdSense Ad™, a yellow page ad), or a menu or list of services, directions or location information, information regarding a current or recent transaction, etc.”), thereby enhancing their ability to provide targeted marketing to customers and potential customers while customers/potential customers are waiting for the communication session to be established.
Claim 66 recites substantially similar subject matter to claim 61. Therefore, claim 66 is rejected on the same rationale as claim 61.
As per claim 62, Brown discloses the device of claim 61, wherein the one or more processors are further configured to:
encrypt the data entered via the text box to the called party; transmit the encrypted data entered via the text box to the called party; and cause display of an indication that the data has been verified by the called party (31:16-22, “The payor may also be prompted to enter a security code (e.g., a CVC, a PIN) and/or details such as expiration date, billing address, shipping address, or electronic mail address, etc. The other party may acknowledge selection and/or execution of the payment process, or such acknowledgement may be displayed on the device, during or after the call.”). If Brown is seen as not encrypting the data entered, Examiner takes Official Notice that it was old and well known in the art at the time of the invention to encrypt sensitive data such as credit card related information and other authentication information of a user in order to protect a user’s identity and payment information from fraudulent use.
At the time of the invention, it would have been obvious to a person of ordinary skill in the art to modify Hameleers to include encrypting caller data as doing so protects a user’s identity and payment information from fraudulent use (Brown, 30:43-46, “Illustratively, this information may be used by a fraud-detection algorithm of a merchant or payment processor, may be used to verify the payor's identity, and/or may be used for other purposes.”).
Claim 67 recites substantially similar subject matter to claim 62. Therefore, claim 67 is rejected on the same rationale as claim 62.
Claims 25-38 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 8,990,304 to Hameleers et al. (“Hameleers”), U.S. Pat. No. 9,838,541 to Brown (“Brown”) and U.S. Pat. No. 9,936,080 to Macaluso (“Macaluso”).
As per claim 25, Hameleers discloses a device associated with a calling party (Fig. 4), the device comprising:
one or more processors configured to: (5:48-52, “The calling party's terminal MS-A and the called party's terminal MS-B can be mobile terminals for a GPRS (General Packet Radio System) network or a UMTS (Universal Mobile Telecommunication System) network.”)
obtain a request to establish a communication session with a device associated with a called party (9:63-67, “In a call set up procedure 301 between the calling party's terminal MS-A3 and the core network node CNB3 a call from the calling party's terminal MS-A3 to the called party's terminal MS-B3 is initiated.” Fig. 3.),
in response to obtaining the request to establish the communication session:
attempt to initiate the communication session (9:63-67, “In a call set up procedure 301 between the calling party's terminal MS-A3 and the core network node CNB3 a call from the calling party's terminal MS-A3 to the called party's terminal MS-B3 is initiated.” Fig. 3.);
transmit an identifier of the called party to a server (9:67-10:3, “In the call set up procedure 301 a called party number related to the called party's terminal MS-B3 and a calling party number related to the calling party's terminal MS-A3 is transmitted to the core network node CNB3.” 10:17-22, “To initiate the providing of the service the core network node sends a message 303 to the network server in the service network SN3, the message 303 comprising a first identification of the called party's terminal MS-B3 e.g. the called party number. Furthermore the message 303 comprise the calling party number.”);
obtain display data from the server (10:32-11:11, “To that end the network server can send a request for the information enabling the presenting of the multimedia information to the network database, wherein the request comprises the identification of the called party. Upon reception of the request the network database retrieves the stored information enabling the presenting of the multimedia information using the received identification of the called party. The network database provides the information enabling the presenting of the multimedia information to the network server. The information enabling the presenting of the multimedia information can be the multimedia information itself or a network address enabling retrieving of the multimedia information. The network address enabling retrieving of multimedia information can be a URL (Uniform Resource Locator). The identification of the called party's terminal MS-B3 can be a called party number such as a number compliant with the E.164 specification of the International Telecommunication Union. The network server sends a message 304 comprising the information enabling the presenting of the multimedia information related to the called party and an identification of the called party's terminal MS-B3 to the calling party's terminal MS-A3. In case the further identification of the called party has been determined, the further identification is used as the identification of the called party's terminal MS-B3. The message 304 can comply with the SIP (Session Initiation Protocol). The received identification of the called party and the identification of the called party stored at call setup are compared in the calling party's terminal MS-A3. If the received identification and the identification stored at call set up are identical, multimedia information related to the called subscriber is retrieved by the calling party's terminal MS-A3. Either the multimedia media information is retrieved from the message 304 or, if a network address enabling retrieving of multimedia information has been comprised in the message 304, the multimedia information is retrieved using the network address. The multimedia information can be e.g. stored related to a Uniform Resource Locator (URL), the network address in this case, by a web server. The multimedia information can then be requested by the calling party's terminal MS-A3 from the web server and returned to the calling party's terminal MS-A3 in a response by the web server. In the request to the web server the URL for the multimedia information can be used.” Thus, a URL can be seen as an identifier. See also “Initiate CLID application” in Fig. 3, which would require identification of the CLID application in order to initiate it.),
Brown discloses wherein the display data includes an advertisement (4:28-34, “For a telephone call with an organization (e.g., a merchant, a business), an advertisement or special offer from that entity (or from an associate or a competitor of that entity) may be presented (e.g., a video ad, a social media ad, a Google AdSense Ad™, a yellow page ad), or a menu or list of services, directions or location information, information regarding a current or recent transaction, etc.” 11:11-17, “In step C, call controller 230 identifies a source of content to be presented to caller 210 and/or called party 250, or may identify specific content (i.e., not just a content source). In step D, the call controller solicits content from a selected source, which may be a web server, a data server, an advertisement server or other repository of advertisements, an organization's data server, the called party, the caller, etc.” Figs. 3-5), and
Macaluso discloses wherein the advertisement is one of a series of advertisements that are cycled through for inclusion to the calling party (4:16-31, “Initially, an application that supports a display of advertising on a mobile device is stored on the mobile device (step 105). The application may be stored on the mobile device at the time of manufacture or may be subsequently loaded onto the device, including through the use of an over the air downloading procedure. An advertisement is also stored on the mobile device (step 110). The advertisement may be stored in an erasable memory such that the advertisement may be overwritten with other data. For example, after a specified time period, the advertisement may be replaced with a new advertisement. In some implementations, more than one advertisement may be stored so that a rotation of several different advertisements can be presented to a user of the mobile device.”).
At the time of the invention, it would have been obvious to a person of ordinary skill in the art to modify the combination of Hameleers and Brown to include displaying a series of advertisements that are cycled for inclusion to the calling party as doing so enables the called party such as a business to target advertisements to customers and potential customers during an interaction with the customer (i.e., the phone call) and cycling through advertisements enables a business to determine which advertisements are most effective to the targeted customer.
cause display of visual content on the device associated with the calling party generated based on the obtained display data (6:40-60, “Upon reception of the call setup message 21, the multimedia information related to the calling party is retrieved according to the received identification of the multimedia information. I.e. if the multimedia information related to the calling party itself has been stored in the called party's terminal MS-B in the step 40, the multimedia information is retrieved from the storage in the called party's terminal MS-B. If a network address enabling retrieving of the multimedia information has been stored in the called party's terminal MS-B, the network address is retrieved according to the identification of the multimedia information, and the multimedia information is retrieved using the network address. The multimedia information can be e.g. stored related to a Uniform Resource Locator (URL), the network address in this case, by a web server WS. The multimedia information is then requested in a first request message 61 from the called party's terminal MS-B to the web server WS, and returned to the called party's terminal MS-B in a first response 62 by the web server WS. The multimedia information related to the calling party is presented to the user of the called party's terminal MS-B.” 11:9-11, “The multimedia information related to the called party is presented to the user of the calling party's terminal MS-A3.” 11:38-44, “The processing system PS is adapted to process a received call setup message comprising the identification of the multimedia information, to retrieve the multimedia information according to the identification of the multimedia information from the memory device MD, and to initiate presenting the multimedia information to the user of the mobile station via the output device OD.” Figs. 3-7).
Claim 35 recites substantially similar subject matter to claim 25. Therefore, claim 35 is rejected on the same rationale as claim 25.
As per claim 26, Brown discloses the device of claim 25, wherein the advertisement pertains to at least one of a product or service offered by the called party (“Content 350 includes not only a logo or other visual illustration of an organization, but also presents an offer of a product or service (i.e., a room upgrade).” Fig. 3).
As per claim 27, Brown discloses the device of claim 25, wherein the advertisement ceases upon establishment of the communication session (27:55-58, “Content selection mechanism 1114 is adapted to select a source of content (or to select specific content) to be presented to a caller or called party pre-ring, in-call, and/or post-call.” 36:44-47, “As described in previous sections, selected content may be presented to the caller and/or the agent/representative (and/or other parties to the call, if any) before, during, and/or after the call.”).
Claims 34 and 38 recite substantially similar subject matter to claim 27. Therefore, claims 34 and 38 are rejected on the same rationale as claim 27.
As per claim 28, Brown discloses the device of claim 25, wherein the advertisement is static (21:43-47, “Before, during, after, and between calls, a party may push images, video, and/or other content to another party...” Figs. 3-5).
Claims 32 and 36 recite substantially similar subject matter to claim 28. Therefore, claims 32 and 36 are rejected on the same rationale as claim 28.
As per claim 29, Brown discloses the device of claim 25, wherein the advertisement is dynamic or animated (21:43-47, “Before, during, after, and between calls, a party may push images, video, and/or other content to another party...” 4:31, “a video ad”).
Claims 33 and 37 recite substantially similar subject matter to claim 29. Therefore, claims 33 and 37 are rejected on the same rationale as claim 29.
As per claim 30, Brown discloses the device of claim 25, wherein the advertisement is based on configuration data generated from the called party via a website (20:1-2, “If the parties are friends or acquaintances, one party may be shown content drawn from a social networking site…”).
As per claim 31, Brown discloses the device of claim 25, wherein the advertisement is programmatically sourced from an advertising network (11:14-18, “In step D, the call controller solicits content from a selected source, which may be a web server, a data server, an advertisement server or other repository of advertisements, an organization's data server, the called party, the caller, etc.”).
Response to Arguments
Defective Reissue Declaration
The 251 rejection is maintained as Applicant wishes to hold in abeyance the filing of an appropriate oath/declaration pending an indication of allowable claims.
35 USC 103
Applicant argues that “Brown does not teach or suggest the causation (e.g., “in response to”) required in the feature “the installing and the executing occurring upon receipt of identification of the software program.” (Remarks at p. 19)
Examiner finds this argument persuasive and has withdrawn the 35 USC 103 rejection for the claims having the causation limitation, namely, claims 1-18. Since claims 19-67 do not recite a causation limitation, the 35 USC 103 rejections of claims 19-67 are maintained.
Notification of Prior or Concurrent Proceedings
Applicant is reminded of the continuing obligation under 37 CFR 1.178(b), to timely apprise the Office of any prior or concurrent proceed-ing in which the ‘388 Patent is or was involved. These proceedings would include interferences, reissues, reexaminations, and litigation.
Information Material to Patentability
Applicant is further reminded of the continuing obligation under 37 CFR 1.56, to timely apprise the Office of any information which is mate-rial to patentability of the claims under consideration in this reissue appli-cation.
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.
Future Correspondence
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to C. Michelle Tarae whose telephone number is (571)272-6727. The Examiner can normally be reached on M-F 8:00-4:30.
If attempts to reach the Examiner by telephone unsuccessful, the Examiner’s supervisor, Andrew J. Fischer, can be reached on 571-272-6779.
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Signed:
/C. Michelle Tarae/Reexamination Specialist, Art Unit 3992
Conferees:
/JACOB C. COPPOLA/Primary Examiner, Art Unit 3992
/ANDREW J. FISCHER/Supervisory Patent Examiner, Art Unit 3992
1 I.e., Applying the “general claim construction principle that limitations found only in the specification of a patent or patent application should not be imported or read into a claim.” In re Donaldson Co., 16 F.3d 1189, 1195 (Fed. Cir. 1994) (en banc).
2 API. Application Programming Interface “n. A set of routines used by an application program to direct the performance of procedures by the computer’s operating system.” Microsoft Press Computer Dictionary Fifth Edition. 2002.
3 Web browser. “n. Software that lets a user view HTML documents and access files and software related to those documents… Web browsers are also capable of downloading and transferring files…” Microsoft Press Computer Dictionary Fifth Edition. 2002.
4 URL. “n. Acronym for Uniform Resource Locator. An address for a resource on the Internet. URLs are used by Web browsers to locate Internet resources.” Microsoft Press Computer Dictionary Fifth Edition. 2002.