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 § 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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3, 5-10, 12-17, and 19-21 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Lasensky et al., US 2005/0058260 in view of Law, US 2006/0229934.
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).
Lasensky discloses claim 1 as enumerated above, but Lasensky does not explicitly disclose based on a preference received from the respective recipient as claimed.
However, Law discloses the web server includes a plurality of recipient preference profiles corresponding to the plurality of recipients…. Each of the recipient preference profiles includes respective information directed to the recipient's preferences for receiving messages. The recipient preference profile 190 may include: … message format data 190b…. The message format data 190b may indicate the recipient's preferred mode of communication (physical mail, electronic mail, facsimile transmission, voice mail, etc.), combination of modes of communication and/or priority for modes of communication in which to receive messages (Abstract; fig. 2; para 0011 and 0023).
Therefore, taking the combined disclosures of Lasensky and Law as a whole, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to incorporate the web server includes a plurality of recipient preference profiles corresponding to the plurality of recipients…. Each of the recipient preference profiles includes respective information directed to the recipient's preferences for receiving messages. The recipient preference profile 190 may include: … message format data 190b…. The message format data 190b may indicate the recipient's preferred mode of communication (physical mail, electronic mail, facsimile transmission, voice mail, etc.), combination of modes of communication and/or priority for modes of communication in which to receive messages as taught by Law into the invention of Lasensky for the benefit of improving the collection and dissemination of recipient preferences for messages (Law: para 0010).
Regarding claim 2, the system of claim 1, Lasensky in the combination further disclose wherein the reply message comprises the audio signals (para 0109-0111).
Regarding claim 3, the system of claim 1, Lasensky in the combination further disclose 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 in the combination further disclose 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 in the combination further disclose 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 in the combination further disclose 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 with respect to claims 1-3, 5-10, 12-17, and 19-21 have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
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/VAN D HUYNH/Primary Examiner, Art Unit 2665
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