DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Amendment
Claims 1, 8, and 15 are amended. Claims 1-3, 5-10, 12-17, and 19-21 are pending in this application.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 1-3, 5-10, 12-17, and 19-21 is/are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Lasensky et al., US 2005/0058260.
Regarding claim 1, Lasensky discloses a system for recording, transcribing and delivering voice messages (fig.1; para 0039 and 0042; a communication system and method for originating, processing storing and delivering data), the system comprising a server (fig. 1, element 4; para 0042 and 0046; a collector/server) comprising:
a non-transitory computer-readable medium (fig. 2, element 130/135; para 0051; storage/database);
a network interface (fig. 2, element 112; para 0048; a communication interface); and
one or more processors configured to execute processor-executable instructions stored in the non-transitory computer-readable medium (fig. 2, element 120; para 0048 and 0050; a processor), the processor-executable instructions configured to cause the one or more processors to:
receive a voice message from a target client device (para 0081, 0097, and 0101; the collector/server receives voice message from the client device 1410);
receive, from a user device, a request to transmit a reply message associated with the voice message (para 0108-0110 and 0114-0115; the user can then initiate a transmit action using a transmit action mechanism associated with communication device 1402 and reply to the data message; the spoken reply is then transmitted by communication device to the message authority (i.e., collector/server) in response to the termination of the transmit action);
receiving, from the user device based on one or more user inputs (para 0135-0139; message authority 1406 can be configured to allow a user of communication device 1402 to access, maintain, and update (e.g., user inputs) user profile information including an address book; a contact can be associated with an identifier that can be used to identify a communication path associated with the contact. The contact and the associated identifier can then be stored in an address list associated with the user; The user can then access message authority 1406 and enter contact names), a selection of one or more recipients for the reply message (para 0105, 0107, 0112, and 0135-0139; the data message received by message authority can also include an identifier that can be used to determine a reply path associated with client device; a contact can be associated with an identifier that can be used to identify a communication path associated with the contact. The contact and the associated identifier can then be stored in an address list associated with the user. When the user wants to send a voice message to a particular contact as described above, the user's communication device can use the identifier associated with the intended recipient; If the user of communication device 1402 then wants to send a voice message to one of the contacts, the user can simply select the contact push-to-talk number);
receive and record audio signals from a user (para 0111 and 0114-0115; the message authority can be configured to receive the spoken reply and to generate from the spoken reply a voice reply that can be sent to client device);
determine, for each recipient of the one or more recipients, a format of the reply message (para 0111-0112 and 0115-0116; the spoken reply can then be formatted into a voice message that can be sent to client device 1410 as a voice reply; the message authority will often be required to process and format the received spoken reply); and
transmit, to each recipient of the one or more recipients, the reply message based on the audio signals and the respective determined format (para 0111-0112 and 0116-0117; the spoken reply can then be formatted into a voice message that can be sent to client device 1410 as a voice reply; the received spoken reply can be processed and formatted into a voice message and attached to a data message; the combination of the data message and attached voice message is referred to herein as a voice reply. The voice reply is transmitted to client device. First, however, the reply path associated with client device is looked-up and used to send the voice reply to client device).
Regarding claim 2, the system of claim 1, Lasensky further discloses wherein the reply message comprises the audio signals (para 0109-0111).
Regarding claim 3, the system of claim 1, Lasensky further discloses wherein the one or more processors are configured to execute further processor-executable instructions in the non-transitory computer-readable medium to:
transcribing the audio signals into text (para 0084-0085 and 0125); and
wherein the reply message comprises the text (para 0084-0085 and 0125).
Regarding claim 5, the system of claim 4, Lasensky further discloses wherein the identification of the one or more recipients comprises a telephone number (para 0068 and 0138; push-to-talk numbers are telephone numbers).
Regarding claim 6, the system of claim 1, Lasensky further discloses wherein the one or more processors are configured to execute further processor-executable instructions in the non-transitory computer-readable medium to transmit a text message associated with the reply message (para 0084-0085 and 0125).
Regarding claim 7, the system of claim 6, Lasensky further discloses wherein the text message further comprises a telephone number associated with the audio signals (para 0068 and 0138).
Regarding claim 8, this claim recites substantially the same limitations that are performed by claim 1 above, and it is rejected for the same reasons.
Regarding claim 9, this claim recites substantially the same limitations that are performed by claim 2 above, and it is rejected for the same reasons.
Regarding claim 10, this claim recites substantially the same limitations that are performed by claim 3 above, and it is rejected for the same reasons.
Regarding claim 12, this claim recites substantially the same limitations that are performed by claim 5 above, and it is rejected for the same reasons.
Regarding claim 13, this claim recites substantially the same limitations that are performed by claim 6 above, and it is rejected for the same reasons.
Regarding claim 14, this claim recites substantially the same limitations that are performed by claim 7 above, and it is rejected for the same reasons.
Regarding claim 15, this claim recites substantially the same limitations that are performed by claim 1 above, and it is rejected for the same reasons.
Regarding claim 16, this claim recites substantially the same limitations that are performed by claim 2 above, and it is rejected for the same reasons.
Regarding claim 17, this claim recites substantially the same limitations that are performed by claim 3 above, and it is rejected for the same reasons.
Regarding claim 19, this claim recites substantially the same limitations that are performed by claim 6 above, and it is rejected for the same reasons.
Regarding claim 20, this claim recites substantially the same limitations that are performed by claim 7 above, and it is rejected for the same reasons.
Regarding claim 21, this claim recites substantially the same limitations that are performed by claim 5 above, and it is rejected for the same reasons.
Response to Arguments
Applicant's arguments filed 02/11/2026 have been fully considered but they are not persuasive.
Regarding independent claim 1, Applicant argues that Lasensky does not disclose “determine, for each recipient of the one or more recipients, a format of the reply message; and transmit, to each recipient of the one or more recipients, the reply message based on the audio signals and the respective determined format” as claimed. Examiner respectfully disagrees. As stated in the rejection above, Lasensky discloses the contact and the associated identifier can then be stored in an address list associated with the user. When the user wants to send a voice message to a particular contact as described above, the user's communication device can use the identifier associated with the intended recipient. If the user of communication device 1402 then wants to send a voice message to one of the contacts, the user can simply select the contact push-to-talk number (para 0105, 0107, 0112, and 0135-0139). Further, the received spoken reply can be processed and formatted into a voice message and attached to a data message. The combination of the data message and attached voice message is referred to herein as a voice reply. The voice reply is transmitted to client device. First, however, the reply path associated with client device is looked-up and used to send the voice reply to client device (para 0111-0112 and 0116-0117).
The MPEP 2111 states that the USPTO must employ the “broadest reasonable interpretation" of the claims. With the broadest reasonable interpretation, Examiner interprets the claimed “determine, for each recipient of the one or more recipients, a format of the reply message; and transmit, to each recipient of the one or more recipients, the reply message based on the audio signals and the respective determined format”, in light of the specification, as the contact and the associated identifier can then be stored in an address list associated with the user. When the user wants to send a voice message to a particular contact as described above, the user's communication device can use the identifier associated with the intended recipient. If the user of communication device 1402 then wants to send a voice message to one of the contacts, the user can simply select the contact push-to-talk number. Further, the received spoken reply can be processed and formatted into a voice message and attached to a data message. The combination of the data message and attached voice message is referred to herein as a voice reply. The voice reply is transmitted to client device. First, however, the reply path associated with client device is looked-up and used to send the voice reply to client device.
Therefore, the claimed “determine, for each recipient of the one or more recipients, a format of the reply message; and transmit, to each recipient of the one or more recipients, the reply message based on the audio signals and the respective determined format” reads on the disclosure of Lasensky.
In view of the above arguments, the Examiner believes all rejections are proper and are maintained.
Conclusion
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 VAN D HUYNH whose telephone number is (571)270-1937. The examiner can normally be reached 8AM-6PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephen R Koziol can be reached at (408) 918-7630. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/VAN D HUYNH/Primary Examiner, Art Unit 2665