DETAILED ACTION
Claims 1-3, 5-8, 11-13, and 15-23 are presented for consideration.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
2. Claim 16 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Trivi et al. [ US Patent Application No 2011/0294478 ].
3. As per claim 16, Trivi discloses the invention as claimed including a system [ Figure 5 ] comprising:
a memory storing computer-executable instructions; and a processor configured to access the memory and to execute the computer-executable instructions to:
receive a request to transmit an audio or textual communication to a recipient device from a first device, the first device being associated with identification data [ i.e. receive incoming telephone call for particular mobile telephone ] [ 516, Figure 5; and paragraph 0077 ];
in response to receiving the request, compare the identification data to both stored authenticated identification data and stored scam identification data [ i.e. compare the incoming telephone call number to a list of telephone numbers that other mobile device users have classified as spam ] [ 524, Figure 5; and paragraphs 0080, and 0095 ];
based on comparing the identification data, transmit the audio or textual communication and an indication of an identity of the first device to the recipient device, the audio or textual communication and the indication of the identity transmitted for display on a first user interface associated with a display of the recipient device [ i.e. transmit indication that telephone number is source of spam ] [ 526, Figure 5; and paragraphs 0081, and 0082 ]; and
receive a response associated with the indication from the recipient device without the recipient device having to navigate from the first user interface, wherein the response is received based on a selection, at the first user interface, of a selectable icon indicating that the indication of the identity of the first device is incorrect [ i.e. report as spam interface element ] [ paragraphs 0059-0061, and 0073 ].
Claim Rejections - 35 USC § 103
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.
4. Claim(s) 1, 2, 3, 5, 8, 11-13, 15, and 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over Trivi et al. [ US Patent Application No 2011/0294478 ], in view of Zaki et al. [ US Patent Application No 2022/0064092 ].
5. As per claim 1, Trivi discloses the invention as claimed including a device comprising a dialer having integrated scam protection, the device comprising: a display; a processor; and a memory that stores executable instructions that, when executed by the processor [ i.e. identifying telephone spam ] [ Abstract ], perform operations comprising:
receiving an incoming audio or textual communication [ i.e. incoming call ]; displaying, via the dialer on the display [ i.e. interface ]: a telephone number associated with the incoming audio or textual communication [ i.e. number ] [ Figure 1; and paragraphs 0050, and 0051 ];
a scam indication identifying the telephone number as a scam [ i.e. potential phone spam ] [ 102, Figure 1; and paragraphs 0051, and 0096 ].
Trivi does not specifically disclose
a selectable icon indicating that the scam indication is false positive, wherein the false positive means the telephone number is not scam or is no longer scam, and wherein a selection of the selectable icon causes a transmission of information relating to the scam indication being false positive;
receiving, via the dialer, the selection of the selectable icon; and
based on the selection, automatically transmitting the information, relating to the scam indication being false positive, to a server.
Zaki discloses
a selectable icon indicating that the scam indication is false positive [ i.e. if the user answer the telephone calls, the user will have the opportunity to tell the database if the telephone call is actually spam or not ] [ paragraphs 0022 ], wherein the false positive means the telephone number is not scam or is no longer scam [ i.e. spam factor can be classified as “probably not a spam phone number”, or “verified phone number” ] [ paragraphs 0022, 0056, and 0089 ], and wherein a selection of the selectable icon causes a transmission of information relating to the scam indication being false positive [ i.e. i.e. feedback indicative of a corrective classification of the received telephone number, and provide to the server ] [ Abstract; and paragraphs 0059, 0060, and 0067 ];
receiving, via the dialer, the selection of the selectable icon [ i.e. user select one of the two options ] [ 415, Fig. 4; and paragraph 0061 ]; and
based on the selection, automatically transmitting the information, relating to the scam indication being false positive, to a server [ i.e. update the retrieved spam factor with database ] [ Figure 1; and paragraphs 0053, 0090, and 0095 ].
It would have been obvious to a person skill in the art before the effective filing date of the claimed invention to combine the teaching of Trivi and Zaki because the teaching of Zaki would enable to provide system and method for implementing and managing determination of a spam telephone call, which may be based on a spam factor determined and modified via machine learning models and user inputs [ Zaki, paragraph 0005 ].
6. As per claim 2, Trivi discloses wherein the incoming audio or textual communication is an audio communication [ i.e. telephone call ] [ paragraph 0086 ], and wherein the operations further comprise: receiving an initial selection to answer the audio communication [ i.e. answer ] [ Figure 2 ]; and receiving the selection of the selectable icon via the dialer within a call duration of the audio communication [ paragraph 0060 ].
7. As per claim 3, Trivi in view of Zaki discloses the device of claim 1, furthermore, Trivi discloses displaying, via the dialer on the display a name indication associated with the telephone number and the incoming audio communication, a second selectable icon indicating that the name indication is incorrect, wherein a selection of the second selectable icon causes a transmission of information relating to the name indication being incorrect [ i.e. able to select tags that categorize the type of telephone spam ], and Zaki discloses upon receiving the selection of the second selectable icon, automatically transmitting the information that the name indication is incorrect to the server during a call duration of the audio communication [ i.e. the user is notified that it is a legitimate telephone and the name of the caller may be displayed on the user’s telephone screen ] [ paragraph 0022 ].
8. As per claim 5, Zaki discloses displaying, via the dialer on the display, a second selectable icon that allows a user of the device to block communications associated with the audio communication, and receiving the selection of the second selectable icon via the dialer within a call duration of the audio communication [ Figures 3A-3C ].
9. As per claim 8, Trivi discloses the invention as claimed including a method for integrated scam protection [ Figure 5 ], the method comprising:
receiving an incoming textual communication [ i.e. receive a message from a server ]; upon receiving the textual communication, displaying, on a first textual communication user interface [ i.e. the message may be presented visually, such as on a screen of the mobile telephone ] [ paragraphs 0003, and 0072 ]:
a scam indicator associated with the incoming textual communication [ i.e. indication that the incoming telephone call is spam ] [ paragraphs 0039, and 0043 ]; and
a first selectable scam indication icon, selection of which confirms that the scam indicator for the textual communication is correct [ i.e. select tags that categorize the type of telephone spam, “Bulk Call”, “Auto Warranty” ] [ paragraphs 0045, and 0046 ];
receiving a selection of the first selectable scam indication icon, the selection being made on the first textual communication user interface [ i.e. select the options “bulk calls” and “politics” ] [ paragraphs 0046-0048 ]; and
in response to the selection, automatically transmitting the confirmation that the scam indicator for the textual communication is correct to a server [ i.e. select tags may be transmitted to spam identification server system ] [ paragraphs 0059, 0060, and 0063 ];
receiving an indication to answer the textual communication [ i.e. answer ] [ Figure 2; and paragraph 0058 ];
receiving the selection of the first selectable scam indication icon via the textual communication user interface [ i.e. report as spam interface element ] [ 210, Figure 2; and paragraphs 0059, and 0060 ].
Trivi does not specifically disclose
displaying, via the textual communication user interface, a second selectable icon that blocks communications from another device associated with the textual communication upon selection of the second selectable icon;
receiving the selection of the second selectable icon via the textual communication user interface; and
blocking, based on the selection of the second selectable icon, a subsequent communication from the other device.
Zaki discloses
displaying, via the textual communication user interface, a second selectable icon that blocks communications from another device associated with the textual communication upon selection of the second selectable icon [ i.e. the user may decline the telephone call ] [ Figures 3A, and 3B; and paragraph 0057 ];
receiving the selection of the second selectable icon via the textual communication user interface [ i.e. press a decline button on the user device ] [ 310, Figure 3A; and paragraphs 0058, 0078, and 0092 ]; and
blocking, based on the selection of the second selectable icon, a subsequent communication from the other device [ i.e. block call during this activity in the future ] [ paragraphs 0072, 0074, 0076, and 0089 ]
It would have been obvious to a person skill in the art before the effective filing date of the claimed invention to combine the teaching of Trivi and Zaki because the teaching of Zaki would enable to provide system and method for implementing and managing determination of a spam telephone call, which may be based on a spam factor determined and modified via machine learning models and user inputs [ Zaki, paragraph 0005 ].
10. As per claim 11, Trivi discloses upon receiving the selection of the first selectable scam indication icon, displaying a plurality of selectable scam categories [ i.e. tags that categorize the type of telephone spam ] including at least an emergency scam and insurance scam [ i.e. telemarketer, debt collector, credit card offer, cell phone company ] [ paragraphs 0066, and 0122 ]; receiving a selection of one of the plurality of selectable scam categories; and transmitting the category selected corresponding to the scam indication to the server [ i.e. select tags and the labels supplied to the spam identification service system and stored ] [ paragraphs 0044-0049 ].
11. As per claim 12, Trivi discloses in response to the selection, automatically transmitting content of the incoming textual communication to the server [ i.e. transmit spam classification to Server system ] [ paragraphs 0017, 0046, and 0047 ].
12. As per claim 13, Trivi discloses wherein the first selectable scam indication icon is displayed within the first textual communication user interface before a response to the textual communication is transmitted [ paragraph 0045 ], wherein the first selectable scam indication icon is displayed based on feedback from a plurality of other devices [ i.e. classified as spam by other users ] [ paragraphs 0048, and 0049 ], and wherein the method further comprises in response to the selection, automatically transmitting to the sever, information indicating whether an the audio communication from a telephone number associated with the textual communication had been previously answered by a device displaying the first textual communication user interface [ i.e. other users that classified the telephone number as spam ] [ Figure 10; and paragraphs 0069, and 0114 ].
13. As per claim 15, Trivi discloses wherein the first textual communication user interface comprises a telephone number, a name associated with the textual communication, and wherein the first selectable scam indication icon is displayed within the first textual communication user interface before a response to the textual communication is transmitted [ Figure 2; and paragraphs 0058-0060 ].
14. As per claim 21, Trivi discloses displaying, on the first textual communication user interface, a second selectable scam indication icon for providing a scam category for the incoming textual communication [ i.e. tags that categorize the type of telephone spam ]; upon receiving a selection of the second selectable scam indication icon, providing a plurality of selectable scam categories associated with the scam indication; receiving a selection of one of the plurality of selectable scam categories; and transmitting the selected scam category to the server [ i.e. select tags and the labels supplied to the spam identification service system and stored ] [ paragraphs 0044-0049 ].
15. As per claim 22, Trivi discloses wherein the plurality of categories include a debt scam and an emergency scam [ i.e. telemarketer, debt collector, credit card offer, cell phone company ] [ paragraphs 0066, and 0122 ].
16. As per claim 23, Trivi discloses receiving the incoming audio communication [ Abstract ]; and displaying the selectable icon indicating that the scam indication is the false positive upon receiving the incoming audio communications [ i.e. report as spam interface element may be displayed while the incoming telephone calls is connected ] [ 210, Figure 2; and paragraph 0060 ].
17. Claim(s) 6, 7 are rejected under 35 U.S.C. 103 as being unpatentable over Trivi et al. [ US Patent Application No 2011/0294478 ], in view of Zaki et al. [ US Patent Application No 2022/0064092 ], and further in view of Balan et al. [ US Patent Application No 2013/0331073 ].
18. As per claim 6, Trivi in view of Zaki does not specifically disclose displaying, via the dialer on the display, location data associated with a second device that initially transmitted the audio or textual communication and a frequency band in which the audio or textual communication was transmitted. Balan discloses displaying, via the dialer on the display, location data associated with a second device that initially transmitted the audio or textual communication [ i.e. geographic location ] [ 320, Figure 3; and paragraphs 0036, and 0042 ] and a frequency band in which the audio or textual communication was transmitted [ i.e. incoming call is originating from M2M or by same the same wireless carrier ] [ paragraphs 0015, and 0042 ]. It would have been obvious to a person skill in the art before the effective filing date of the claimed invention to combine the teaching of Trivi, Zaki and Balan because the teaching of Balan would enable to provide image content and other caller-specific data together with an incoming call in real-time for a cellular mobile device configured to receive voice calls and data through separate channels of the mobile communication network [ Balan, paragraph 0011 ].
19. As per claim 7, Balan discloses wherein the location data displayed comprises a time zone associated with the second device [ i.e. city/state ] [ paragraph 0036 ].
20. Claim(s) 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Trivi et al. [ US Patent Application No 2011/0294478 ], in view of Balan et al. [ US Patent Application No 2013/0331073 ].
21. As per claim 17, Trivi discloses wherein the identification data comprises a telephone number [ Figure 1 ]. Trivi does not specifically disclose location data, hardware information, and carrier information. Balan discloses location data, hardware information, and carrier information [ Figure 3; and paragraphs 0027, 0033, and 0036 ]. It would have been obvious to a person skill in the art before the effective filing date of the claimed invention to combine the teaching of Trivi, and Balan because the teaching of Balan would enable to provide image content and other caller-specific data together with an incoming call in real-time for a cellular mobile device configured to receive voice calls and data through separate channels of the mobile communication network [ Balan, paragraph 0011 ].
22. As per claim 18, Balan discloses wherein the stored authenticated identification data and the stored scam identification data are from a central database comprising identification data from at least two wireless telecommunications carriers [ i.e. different carriers ] [ paragraphs 0033, and 0034 ], wherein the identification data from the at least two wireless telecommunications carriers is transformed into a standardized format and organized using the location data [ i.e. caller location city/state ] [ paragraphs 0036, and 0042 ].
23. As per claim 19, Trivi discloses wherein the response received from the recipient device comprises a notification that the first device is being used for a scam, and wherein the response includes metadata associated with the audio or textual communication [ paragraph 0040 ].
24. As per claim 20, Trivi discloses wherein the instructions further comprise: updating the central database based on the response received from the recipient device [ i.e. amount of spam classifications from the set of users exceeds a threshold amount of classifications ] [ paragraphs 0100,and 0111 ].
Response to Arguments
Applicant's arguments filed 11/06/2025 have been fully considered but they are not persuasive.
25. As per remarks concerning claim 16, Applicants argued that (1) the Office states Trivi teaches that the call or telephone number can be reported as a spam interface element. A call can be reported as spam. However, the Office's reasoning for the rejection misses the plain and ordinary meaning of the claim. Applicant's claimed invention receives a response where the response is received based on an icon indicating that the identification of the identity of the first device is incorrect. (emphasis added) Applicant is focused on providing an indication that the identity is incorrect, such as a wrong name or something else. The Office does not address this circumstance and does not provide a teaching on point. Therefore, Trivi does not teach Applicant's claimed invention. As such, Applicant respectfully requests that the rejection of claim 16 be removed.
As to point (1), Examiner respectfully disagrees because Trivi discloses interface 400 that enables a user to type text into the text box for generating new tags or to assist in a search for tags previously generated by other users [ paragraphs 0068, and 0070 ], Trivi further discloses Joe had received a call from a bulk-calling system, upon classifying the call as telephone spam, Joe may able to select tags that categorize the type of telephone spam, Joe may select the tags “Bulk Call” and “Auto Warranty” [ i.e. broadly interpreted as indicating that the identification of the identity of the first device is incorrect as argued ] [ paragraphs 0035, and 0045 ].
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.
Conclusion
27. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Smith et al. [ US Patent Application No 2012/0215861 ] discloses system and method to reduce false positives in spam filtering
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/DUSTIN NGUYEN/Primary Examiner, Art Unit 2446