DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 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.
Response to Argument
Applicant's arguments, filed 02/13/26, with respect to claims have been considered but are moot in view of the new ground(s) of rejection.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-3, 5, 10-15 and 17-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12438980. Although the claims at issue are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the present application are transparently found in the U.S. 12438980 with obvious wording variations.
Instant Application
U.S. 12438980
1. A method, comprising:
determining, by a user device, a second device to participate in a call with a user of the user device and a reason for the call; transmitting, from the user device and to an intermediate service, a message comprising a request that the second device initiate the call to the user device, the message informing the intermediate service about the second device, the user, and the reason for the call, wherein the intermediate service conveys the request, the user, and the reason for the call to the second device; and
receiving, at the user device, the call as a callback initiated by the second device to the user device in response to the request, wherein the second device is aware of the user and the reason for the call prior to initiating the call, based on receipt of the request from the intermediate service.
1. A method, comprising:
receiving, at an intermediate service device, a message from a user device, the message informative of a second device to participate in a call with a user of the user device and a reason for the call; and conveying, from the intermediate service device, the user device, the user, and the reason for the call to the second device,
wherein the second device initiates the call to the user device and is aware of the user and the reason for the call prior to initiating the call, and wherein the second device provides an attestation that an organization associated with the second device is verified as being the organization they claim to be.
For claims 2-3, the claims have features similar to claims 2-3 of U.S. 12438980.
For claim 5, the claim has features similar to claim 4 of U.S. 12438980.
For claims 10-15, the claims have features similar to claims 1- of U.S. 12438980.
For claims 17-20, the claims have features similar to claims 1, 5 and 10. Therefore, the claims can be compared as above.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 18/113015. Although the claims at issue are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the present application are transparently found in Co-pending Application: 18/113015 with obvious wording variations.
Instant Application
Co-pending Application: 18/113015
1. A method, comprising:
determining, by a user device, a second device to participate in a call with a user of the user device and a reason for the call; transmitting, from the user device and to an intermediate service, a message comprising a request that the second device initiate the call to the user device, the message informing the intermediate service about the second device, the user, and the reason for the call, wherein the intermediate service conveys the request, the user, and the reason for the call to the second device; and
receiving, at the user device, the call as a callback initiated by the second device to the user device in response to the request, wherein the second device is aware of the user and the reason for the call prior to initiating the call, based on receipt of the request from the intermediate service.
1. A method, comprising:
receiving, by a particular device, an indication from an intermediate service that a user device requested that the particular device participate in a call with a user of the user device, the indication also including a reason for the call; determining, by the particular device, when the particular device is able to initiate the call; and
initiating, by the particular device and in response to being able to initiate the call, the call from the particular device to the user device, wherein the particular device is aware of the user and the reason for the call prior to initiating the call and prior to any call being placed to the particular device.
For claims 2-20, the claims have features similar to claims 2-20 of Co-pending Application: 18/113015. Therefore, the claims can be compared as above.
This is a provisional obviousness-type double patenting rejection because the conflicting claims have not in fact been patented.
Claims 1, 2, 14 and 17-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 18/112966. Although the claims at issue are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the present application are transparently found in Co-pending Application: 18/112966 with obvious wording variations.
Instant Application
Co-pending Application: 18/112966
determining, by a user device, a second device to participate in a call with a user of the user device and a reason for the call; transmitting, from the user device and to an intermediate service, a message comprising a request that the second device initiate the call to the user device, the message informing the intermediate service about the second device, the user, and the reason for the call, wherein the intermediate service conveys the request, the user, and the reason for the call to the second device; and
receiving, at the user device, the call as a callback initiated by the second device to the user device in response to the request, wherein the second device is aware of the user and the reason for the call prior to initiating the call, based on receipt of the request from the intermediate service.
1. A method, comprising:
receiving, at an intermediate service device, information about a call to be made from an initiating device to a recipient device of a user, the information including a reason for the call; coordinating, by the intermediate service device, with an application on the recipient device to inform the recipient device of the call, an outbound phone number of the call, a name of an organization of the initiating device, and the reason for the call, wherein the application on the recipient device configures a caller identification process on the recipient device to display, in response to receiving a subsequent call from the outbound phone number, the name of the organization and the reason for the call; and
confirming, by the intermediate service device with the initiating device, that the recipient device has been informed of the call, wherein, in response to the initiating device calling the recipient device using the outbound phone number, the caller identification process on the recipient device displays the name of the organization and the reason for the call.
For claims 2, 15, the claims have features similar to claims 2- and 13 of Co-pending Application: 18/112966. Therefore, the claims can be compared as above.
For claims 17-20, the claims have features similar to claims 14-15 of Co-pending Application: 18/112966. Therefore, the claims can be compared as above.
This is a provisional obviousness-type double patenting rejection because the conflicting claims have not in fact been patented.
Claims 2, 17-18 and 20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 18/112956. Although the claims at issue are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the present application are transparently found in Co-pending Application: 18/112956 with obvious wording variations.
Instant Application
Co-pending Application: 18/112956
1. A method, comprising:
determining, by a user device, a second device to participate in a call with a user of the user device and a reason for the call; transmitting, from the user device and to an intermediate service, a message comprising a request that the second device initiate the call to the user device, the message informing the intermediate service about the second device, the user, and the reason for the call, wherein the intermediate service conveys the request, the user, and the reason for the call to the second device; and
receiving, at the user device, the call as a callback initiated by the second device to the user device in response to the request, wherein the second device is aware of the user and the reason for the call prior to initiating the call, based on receipt of the request from the intermediate service.
1. A method, comprising:
identifying, by an initiating device of an organization, a user and a reason for a call to a recipient device of the user, the recipient device having an inbound phone number; informing, by the initiating device, an intermediate service about the call to the recipient device and the reason for the call, wherein the intermediate service is configured to coordinate with an application on the recipient device to inform the recipient device of the call, an outbound phone number of the call, a name of the organization, and the reason for the call; and
calling, from the initiating device and using the outbound phone number, the recipient device at the inbound phone number, wherein the application on the recipient device has configured a caller identification process on the recipient device to display, in response to receiving the call from the outbound phone number, the name of the organization and the reason for the call, based on the information received from the intermediate service prior to the call being received.
For claims 2, 17-18 and 20 the claims have features similar to claims 2 and 1 of Co-pending Application: 18/112956. Therefore, the claims can be compared as above.
This is a provisional obviousness-type double patenting rejection because the conflicting claims have not in fact been patented.
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 of this title, 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 1, 3-9, 13-15, 17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over James (U.S. 20200059553) in view of Ahmad et al. (U.S. 20210281614).
For claim 1, James discloses a method, comprising:
determining, by a user device, a second device to participate in a call with a user of the user device and a reason for the call (at least Fig. 1 and [0008]. With this solution the called person, even in situations embarrassing, receives a call that says urgent/danger and the name of the caller and other identification data and immediately realizes that that is a real urgency and efforts must be made to answer.);
transmitting, from the user device and toa n intermediate service, a message comprising a request that the second device initiate the call to the user device, the message informing the intermediate service about the second device, the user, and the reason for the call, wherein the intermediate service conveys the request, the user, and the reason for the call to the second device (at least Fig. 1, [0011]-[0012], [0028]-[0029] and [0034]-[0039]. The calling party apparatus, which is associated with a calling line number, makes an attempt to call the called party apparatus, which is associated with a called line number, and states that the call is urgent by an alert information that the called party can hear and/or see before answering the call. To this purpose, the calling party apparatus, by its processing means, generates a first call setup message including the called line number and a user-user information element. Then the calling party transmits that first call setup message to a communication network, which receives it and generates, on its own part, a second call setup message, addressed to said called line number. This second call setup message comprises a second user-user information element, which comprises a second user-user information field, whose content is the same as that of said first user-user information field. Moreover, the second call setup message may comprise an information element notifying the calling line number.); and
wherein the second device is aware of the user and the reason for the call prior to initiating the call, based on receipt of the request from the intermediate service (at least Fig. 1, [0011]-[0012], [0028]-[0029] and [0034]-[0039]. The called party apparatus 105 receives the second setup message 103 and extracts the content of the second user-user IF. On the basis of that content and before the its user can answer the call, it outputs an alert and, possibly, data on the caller identity and on the reason of the call.) However, James does not disclose receiving, at the user device, the call as a callback initiated by the second device to the user device in response to the request.
In the same field of endeavor, Ahmad et al. disclose receiving, at the user device, the call as a callback initiated by the second device to the user device in response to the request (at least [0005] and [0039]-[0040]. Enriched call elements may include electronic photographs, video-clips, geographic location data, priority level or urgency of the call, or the subject matter of the call. To add enriched call elements (e.g., subject matter or priority level indication) to the voice or video call, the sender 302 may transmit an instant message (i.e., a SIP MESSAGE) containing the enriched call elements (e.g., as enriched data parameters) to the RMS 308 (line 311), which instant message is forwarded from the RMS 308 to the recipient 304 (line 313). The recipient 304 then presents an indication of the enriched call element to the user (line 315). The recipient 304 then sends a response message to the sender 302 to answer the voice or video call (line 320) when the user decides to answer the call. Alternatively, the user may decide not to answer the voice or video call, in which case the call may be indicated as unanswered or may be routed to voice or a video mailbox.)
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the invention of James as taught by Ahmad et al. for purpose of determining whether to answer the voice or video call.
For claim 3, the combination of James and Ahmad et al. disclose the method of claim 1. James discloses wherein the reason for the call includes an urgency of the call (at least Fig. 1, [0011]-[0012] and [0028]-[0029]. The calling party apparatus, which is associated with a calling line number, makes an attempt to call the called party apparatus, which is associated with a called line number, and states that the call is urgent by an alert information that the called party can hear and/or see before answering the call.)
For claim 4, the combination of James and Ahmad et al. disclose the method of claim 3. James discloses the urgency of the call is selected by the user. (at least [0030]. The calling party apparatus 104 has a specific key, or button, or “tile” that the user has to press or tap. That key or button is appropriately labelled (e.g., “URGENT”, “DANGER”, “HELP”, or similar words) and possibly highlighted by decoration (e.g., red) and icon.)
For claim 5, the combination of James and Ahmad et al. disclose the method of claim 3. James discloses wherein the urgency of the call is based on the reason for the call (at least Fig. 1, [0011]-[0012] and [0028]-[0029]. The calling party apparatus, which is associated with a calling line number, makes an attempt to call the called party apparatus, which is associated with a called line number, and states that the call is urgent by an alert information that the called party can hear and/or see before answering the call.)
For claim 6, the combination of James and Ahmad et al. disclose the method of claim 1. James discloses wherein the reason for the call is selected from a preset menu (at least [0051]. The calling user has nothing to do but pressing or tapping the “URGENT” button and selecting from the phone book, or keying in, the telephone number to call. Depending on the general characteristics of the calling party apparatus 104 (e.g., menu configuration), and in particular on the structure of its phone book, the activation of the “URGENT” key or button may be done before or after entering the telephone number to call, as the skilled person understands.)
For claim 7, the combination of James and Ahmad et al. disclose the method of claim 1. James discloses wherein the reason for the call is entered by the user (at least [0010]. To let the user to select one of preset messages to be sent to the recipient, the keyboard should provide to the user an interface to choose the type of urgent message to be sent.)
For claim 8, the combination of James and Ahmad et al. disclose the method of claim 1. James discloses wherein the reason for the call is an instruction to the second device (at least [0087]. with the invention one can send information ascertaining the caller's identity and useful information for allowing the called person to take the best way to respond.)
For claim 9, the combination of James and Ahmad et al. disclose the method of claim 8. James discloses receiving confirmation from the second device that the instruction was performed (at least [0008]. With this solution the called person, even in situations embarrassing, receives a call that says urgent/danger and the name of the caller and other identification data and immediately realizes that that is a real urgency and efforts must be made to answer.)
For claim 13, the combination of James and Ahmad et al. disclose the method of claim 1. James discloses the message also informs of a phone number of the user device (at least [0083]. The calling line number is notified to the called party.)
For claim 14, the combination of James and Ahmad et al. disclose the method of claim 1. James discloses wherein determining and transmitting are performed by an application on the user device (at least [0030]. To make a call attempt carrying said alert information, the calling party apparatus 104 has a specific key, or button, or “tile” that the user has to press or tap. That key or button is appropriately labelled (e.g., “URGENT”, “DANGER”, “HELP”, or similar words) and possibly highlighted by decoration (e.g., red) and icon.)
For claim 15, the combination of James and Ahmad et al. disclose the method of claim 14. James discloses the application is associated with either the intermediate service or the second device (at least [0030]. To make a call attempt carrying said alert information, the calling party apparatus 104 has a specific key, or button, or “tile” that the user has to press or tap. That key or button is appropriately labelled (e.g., “URGENT”, “DANGER”, “HELP”, or similar words) and possibly highlighted by decoration (e.g., red) and icon.)
For claims 17 and 20, the claims have features similar to claim 1. Therefore, the claims are also rejected for the same reason in claim 1.
Claims 2, 10-12, 16 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over James (U.S. 20200059553) in view of Ahmad et al. (U.S. 20210281614) and further in view of Mahalaha et al. (U.S. 20080095355).
For claim 2, the combination of James and Ahmad et al. do not disclose method of claim 1, wherein the second device is a call center further comprising a plurality of devices that could participate in the call.
In the same field of endeavor, Mahalaha et al. disclose the second device is a call center further comprising a plurality of devices that could participate in the call (at least [0081]-[0085]. If the representative 104 determines that he/she has the proper skills to service the caller 102, the representative 104 proceeds with solving the caller's problems.)
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the invention of James as taught by Mahalaha et al. for purpose of routing a call from the customer to a representative who has the skill.
For claim 10, the combination of James and Ahmad et al. the method of claim 1, receiving a request from the intermediate service to validate that the message was initiated by the user; and responding to the request to validate that the message was initiated by the user.
In the same field of endeavor, Mahalaha et al. disclose receiving a request from the intermediate service to validate that the message was initiated by the user; and responding to the request to validate that the message was initiated by the user (at least [0072]. A caller 102 can use a telephone 172 to call a customer service number of the company. The call is routed through a public switched telephone network (PSTN) 150 to an interactive voice response system 152, which announces a greeting message and asks for personal information from the caller 102, such as a name, an account number, and a password.)
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the invention of James as taught by Mahalaha et al. for purpose of authenticating the identify of the caller 102.
For claim 11, the combination of James and Ahmad et al. the method of claim 1, completing a multi-factor authentication process to verify the user of the user device.
In the same field of endeavor, Mahalaha et al. disclose completing a multi-factor authentication process to verify the user of the user device (at least [0072]. A caller 102 can use a telephone 172 to call a customer service number of the company. The call is routed through a public switched telephone network (PSTN) 150 to an interactive voice response system 152, which announces a greeting message and asks for personal information from the caller 102, such as a name, an account number, and a password.)
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the invention of James as taught by Mahalaha et al. for purpose of authenticating the identify of the caller 102.
For claim 12, the combination of James, Ahmad et al. and Mahalaha et al. disclose the method of claim 11. Mahalaha et al. disclose wherein the multi-factor authentication process is performed during determining the second device and the reason for the call (at least [0072]. A caller 102 can use a telephone 172 to call a customer service number of the company. The call is routed through a public switched telephone network (PSTN) 150 to an interactive voice response system 152, which announces a greeting message and asks for personal information from the caller 102, such as a name, an account number, and a password.)
For claim 16, the combination of James and Ahmad et al. the method of claim 1, receiving, in response to second device requiring a delay before the call, a notification of an approximate wait time for the call prior to receiving the call.
In the same field of endeavor, Mahalaha et al. disclose receiving, in response to second device requiring a delay before the call, a notification of an approximate wait time for the call prior to receiving the call (at least [0273]. The process 280 generates a voice message to tell the customer that a representative will call back at a later time (290). The process 280 prompts the customer to provide a time and date for the representative to call back (292).)
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the invention of James as taught by Mahalaha et al. for purpose of routing a call from the customer to a representative who has the skill.
For claims 18-19, the claims have features similar to claims 2 and 10. Therefore, the claims are also rejected for the same reason in claims 2 and 10
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ashtikar (U.S. 20140179288) discloses phone calls may be tagged with the importance or the context of the call to be displayed along with the caller ID information on the display of a receiving phone. The context information is thus made available even before the call is answered to aid the user in determining whether or not to answer the call or how long thereafter it would be appropriate to wait before the call is returned.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAI PHUONG whose telephone number is 571-272-7896. The examiner can normally be reached on Monday-Friday, 8am-5pm.
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/DAI PHUONG/Primary Examiner, Art Unit 2644