Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 1-3, 6-8, 11, 13-16, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Quilici (US 20200412871, hereinafter Quilici) in view of Lu (WO 2021118655 hereinafter Lu) and U.S. 20110138002 to Park and/or in an alternative rejection, Park in view of Quilici and Lu.
Consider claim 1, Quilici discloses a method, comprising:
receiving, from a mobile device associated with a spam filter, a request for a phone call ([Para 0038] wherein FIG. 3 presents a flowchart of a method for identifying unwanted communicators according to an embodiment of the present invention. An inbound communication is intercepted, step 302. Paragraph 0037 discloses a communication screening system 206 that can determine whether the inbound communication is either from an unwanted communicator or a wanted communicator based on a combination of the fingerprint matches and the carrier or number block score);
initiating the phone call to the mobile device using a caller identifier ([Para 0034] wherein the origination communication device 204 may initiate a communication, such as a call, text message, or voice message, to destination communication device 202. Paragraph 0041 discloses each fingerprint can be associated with a tag based on whether its content indicates a problematic or safe communicator. An optional identifier including a descriptive or precise name may be associated with a communicator of the fingerprint (e.g., IRS Scam) to identify the communicator when calling);
receiving, from the mobile device, call log data indicating whether the phone call was flagged as spam by the spam filter ([Para 0036] wherein a directory server 212 may provide information results that can be used to determine whether the inbound communication is from an unwanted communicator or a wanted communicator. For example, the directory server 212 may include or is communicatively coupled to a database of fingerprints that are created from known recordings of calls or messages from unwanted or wanted communicators.)
Quilici fails to disclose generating a notification in response to the call log data indicating that the phone call was flagged as spam.
However, Lu discloses generating a notification in response to the call log data indicating that the phone call was flagged as spam ([Para 0077] wherein in block 228, the label is sent to the callee device, e.g., along with a notification of the incoming phone call.)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant's claimed invention to have incorporated the teachings of Lu et al. into the invention of Quilici in order to generate a notification, visually verifying whether a call is spam, by way of the generated notification.
Regarding the amendments to claim 1 now reciting:
“receiving, from a mobile device of a testing infrastructure, a request for a phone call, wherein the mobile device is associated with a spam filter, and wherein the request for the phone call designates the mobile device to receive the phone call to test a caller identifier; initiating, in response to the request, the phone call to the mobile device using the caller identifier to be tested” Park is added.
In an analogous art, Park teaches a system which allows spam communications to be blocked from a receiving device 110. As shown in Fig. 1, a service receiving unit 110 may request a spam test, which involves transmitting spam from the service transmitting device 101. As described in the flowcharts in Figs. 2-5, and as described in sections [0037]-[0049] and [0065]-[0067], Park teaches that the receiving unit 110 requests a test of a spam blocking policy using the intervening interactive test device 102.
Therefore, as both Quilici and Park teach spam detection and as sections [0022]-[0023] and [0043] of Quilici teach that the spam call may be a VoIP call (where VoIP is an “IP application”), it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant's claimed invention to have incorporated the teachings of Park into the invention of Quilici, in order to allow the device itself to request a test (as part of a testing infrastructure as in Park), in order to test and generate the test results, as would be conventionally desired.
In an alternative rejection (based on the amendments), as the device is now part of an infrastructure testing system, Park may be the primary reference. Therefore, the “IP application” of Park which is used by the device 110, may request a “call to itself” (as now recited) is modified by the VoIP phone call of Quilici. Therefore, as Park shows the testing system, modifying the receiving device and IP application of Park to be a mobile device making a VoIP call (with caller ID as in Quilici) and storing the spam in a log (as taught in Lu, where Lu also teaches VoIP applications), would also teach and/or render obvious the claimed features.
Consider claim 2, Quilici discloses the method of claim 1, wherein the request for the phone call is received from a call request application running on the mobile device ([Para 0022] wherein the system presented in FIG. 1 includes phone devices 102 (such as landline, cellular, analog, digital, satellite, radio, etc.), that are capable of establishing and receiving telephonic communications via a public telephone network 106, as well as application-enabled devices 104 that are capable of establishing and receiving telephonic communications via the data network 108 (e.g., using Voice over Internet Protocol ("VoIP")).), and
further comprising receiving, from a device authorization server, authentication data authenticating the call request application to permit the mobile device to receive the phone call ([Para 0025] wherein a call records service server 114 is able to accumulate phone numbers (or addresses, or unique IDs) and information about the phone numbers from a variety of sources that can be used to determine if a given phone number is that of e.g., an unwanted communicator, or a wanted communicator. Note: Although the call records server is not a typical "Device Authorization Server, the call records server (or Call Detail Record Server (CDR)) is configured to gather information that can be used to determine if an outside caller is permitted or authorized to communicate with the callee.).
Consider claim 3, Quilici discloses the method of claim 1 further comprising selecting the caller identifier for use in initiating the phone call based on whether the caller identifier has been used by a user account to make a prior call within a first prior period of time ([Para 0039] wherein Quilici discloses a database of fingerprints created from known recordings of calls or messages from unwanted or wanted communicators. The known recordings of calls or messages may be collected from a plurality of sources such as, voice message servers, call forwarding servers, telco and communication service carriers. The fingerprints may be used for comparison with inbound calls and messages to distinguish unwanted messages from wanted messages as well as identifying a likely identity associated with the communicator of the inbound communication.), and
based on whether the caller identifier has been used to call the mobile device within a second prior period of time ([Para 0040] wherein a given fingerprint may comprise features associated with a given message from a phone number of an unwanted communicator. The features may include a phone number, message duration, call frequency, time of call, call recipients, keywords, phrases, speech tone and other speech characteristics (such as, audio characteristics to help ensure matches-e.g., frequency range, whether it's male/female voice)).
Consider claim 6, Quilici discloses the method of claim 1, wherein receiving the call log data is in response to determining that the phone call is answered and terminated ([Para 0035] wherein Quilici discloses a communication intended for the destination communication device 202 may be received from an origination communication device 204 and intercepted by communication screening system 206. Intercepting the communication may include prompting for a response (audio or textual) from the communicator of the origination communication device 204 or extracting data from the inbound communication to record a digital sample of the communication.).
Consider claim 7 Quilici discloses the method of claim 6, wherein a call control application running on the mobile device causes an accessibility service of the mobile device to answer the phone call ([Para 0031] wherein Quilici discloses if the call answering server 110 determines that the given number is likely to be the number of an unwanted communicator, such as from a suspicious carrier or carrier block, calls from the given number can be handled appropriately (e.g., silenced, marked as spam, etc.) as suspect calls. Note: Fig. 1 illustrates a system comprising a plurality of devices and servers. More specifically, a call answering server 110 that is linked to phone devices 102 and application-enabled devices by way of a system including a data network 106 and a telephone network 106.), and
wherein the call control application causes the accessibility service to terminate the phone call ([Para 0032] wherein the call answering server 110 may also respond to unwanted communicator calls by playing an appropriate message containing special information tones (SIT) to indicate out of service or disconnect tones to the unwanted communicator and terminate the call.).
Consider claim 8, Quilici discloses the method of claim 7, wherein the call control application causes the accessibility service to terminate the phone call after a random period of time within a predetermined time range following answering the phone call ([Para 0032] wherein the call answering server 110 may also respond to unwanted communicator calls by playing an appropriate message containing special information tones (SIT) to indicate out of service or disconnect tones to the unwanted communicator and terminate the call, as previously stated in claim 7.).
Consider claim 11, Quilici discloses a system comprising:
a memory storing instructions ([Para 0010] wherein Quilici discloses a system comprises a memory having executable instructions stored.); and
one or more processing devices configured to execute the instructions to cause the system
to: receive, from a mobile device associated with a spam filter, a request for a phone call ([Para 0038] wherein FIG. 3 presents a flowchart of a method for identifying unwanted communicators according to an embodiment of the present invention. An inbound communication is intercepted, step 302. Paragraph 0037 discloses a communication screening system 206. Paragraph 0054 also discloses Computer programs (also called computer control logic or computer-readable program code) are stored in a main and/or secondary memory, and executed by one or more processors (controllers, or the like) to cause the one or more processors to perform the functions of the invention as described herein.),
initiate the phone call to the mobile device using a caller identifier, receive, from the mobile device, call log data indicating whether the phone call was flagged as spam by the spam filter ([Para 0034, 0036] wherein the origination communication device 204 may initiate a communication, such as a call, text message, or voice message, to destination communication device 202. Paragraph 0036 discloses wherein a directory server 212 may provide information results that can be used to determine whether the inbound communication is from an unwanted communicator or a wanted communicator. For example, the directory server 212 may include or is communicatively coupled to a database of fingerprints that are created from known recordings of calls or messages from unwanted or wanted communicators).
But fails to teach generate a notification in response to the call log data indicating that the phone call was flagged as spam.
However, Lu, teaches generating a notification in response to the call log data indicating that the phone call was flagged as spam ([Para 0077] wherein in block 228, the label is sent to the callee device, e.g., along with a notification of the incoming phone call).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant's claimed invention to have incorporated the teachings of Lu et al. into the invention of Quilici '871 et al. in order to generate a notification, visually verifying whether a call is spam, by way of the generated notification.
Regarding the amendments to claim 11, see Park and the rejection of claim 1 above.
Consider claim 13, Quilici discloses the system of claim 11, wherein receiving the call log data is in response to determining that the phone call is answered and terminated ([Para 0035] wherein Quilici discloses a communication intended for the destination communication device 202 may be received from an origination communication device 204 and intercepted by communication screening system 206. Intercepting the communication may include prompting for a response (audio or textual) from the communicator of the origination communication device 204 or extracting data from the inbound communication to record a digital sample of the communication).
Consider claim 14, Quilici discloses the system of claim 13, wherein a call control application running on the mobile device causes an accessibility service of the mobile device to answer the phone call ([Para 0031] wherein Quilici discloses if the call answering server 110 determines that the given number is likely to be the number of an unwanted communicator, such as from a suspicious carrier or carrier block, calls from the given number can be handled appropriately (e.g., silenced, marked as spam, etc.) as suspect calls), and wherein the call control application causes the accessibility service to terminate the phone call after a random period of time within a predetermined time range following answering the phone call ([Para 0032] wherein the call answering server 110 may also respond to unwanted communicator calls by playing an appropriate message containing special information tones (SIT) to indicate out of service or disconnect tones to the unwanted communicator and terminate the call).
Consider claim 15, Quilici discloses the system of claim 11, wherein the one or more processing devices are further configured to receive a request to add a caller identification profile to a user account, wherein the notification is generated in response to the caller identification profile including the caller identifier at risk of being flagged as spam based on the call log data (see step 230 as described in sections [77]-[78] of Lu) and see also ([Para 0010] wherein Quilici discloses a system comprising a processor and a memory having executable instructions stored thereon that when executed by the processor cause the processor to determine communications from phone numbers as being unwanted by analyzing communication content features of communications associated with unwanted communicators, identify telecommunications carriers that acquired the phone numbers and originated the communication via the phone numbers.).
Consider claim 16, Quilici discloses a non-transitory computer readable storage medium storing instructions executable by one or more processing devices of a system to cause the system to perform a method ([Para 0010] wherein Quilici discloses a system comprising a
processor and a memory having executable instructions stored thereon that when executed by the processor cause the processor to determine communications from phone numbers as being unwanted by analyzing communication content features of communications associated with unwanted communicators, identify telecommunications carriers that acquired the phone numbers and originated the communication via the phone numbers) comprising:
receiving, from a mobile device associated with a spam filter, a request for a phone call ([Para 0038] wherein FIG. 3 presents a flowchart of a method for identifying unwanted communicators according to an embodiment of the present invention. An inbound communication is intercepted, step 302. Paragraph 0037 discloses a communication screening system 206 that can determine whether the inbound communication is either from an unwanted communicator or a wanted communicator based on a combination of the fingerprint matches and the carrier or number block score);
initiating the phone call to the mobile device using a caller identifier ([Para 0034] wherein the origination communication device 204 may initiate a communication, such as a call, text message, or voice message, to destination communication device 202. Paragraph 0041 discloses each fingerprint can be associated with a tag based on whether its content indicates a problematic or safe communicator. An optional identifier including a descriptive or precise name may be associated with a communicator of the fingerprint (e.g., IRS Scam) to identify the communicator when calling.);
receiving, from the mobile device, call log data indicating whether the phone call was flagged as spam by the spam filter ([Para 0036] wherein a directory server 212 may provide information results that can be used to determine whether the inbound communication is from an unwanted communicator or a wanted communicator. For example, the directory server 212 may include or is communicatively coupled to a database of fingerprints that are created from known recordings of calls or messages from unwanted or wanted communicators);
But fails to teach generating a notification in response to the call log data indicating that the phone call was flagged as spam.
However, Lu, teaches generating a notification in response to the call log data indicating that the phone call was flagged as spam ([Para 0077] wherein in block 228, the label is sent to the callee device, e.g., along with a notification of the incoming phone call).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant's claimed invention to have incorporated the teachings of Lu et al. into the invention of Quilici in order to generate a notification, visually verifying whether a call is spam, by way of the generated notification.
Regarding the amendments to claim 16, see Park and the rejection of claim 1 above.
Consider claim 18, Quilici discloses the non-transitory computer readable storage medium of claim 16, wherein receiving the call log data is in response to determining that the phone call is answered and terminated ([Para 0035] wherein Quilici discloses a communication intended for the destination communication device 202 may be received from an origination communication device 204 and intercepted by communication screening system 206. Intercepting the communication may include prompting for a response (audio or textual) from the communicator of the origination communication device 204 or extracting data from the inbound communication to record a digital sample of the communication).
Consider claim 19, Quilici discloses the non-transitory computer readable storage medium of claim 16, wherein a call control application running on the mobile device causes an accessibility service of the mobile device to answer the phone call ([Para 0031] wherein Quilici discloses if the call answering server 110 determines that the given number is likely to be the number of an unwanted communicator, such as from a suspicious carrier or carrier block, calls from the given number can be handled appropriately (e.g., silenced, marked as spam, etc.) as suspect calls.), and
wherein the call control application causes the accessibility service to terminate the phone call after a random period of time within a predetermined time range following answering the phone call ([Para 0032] wherein the call answering server 110 may also respond to unwanted communicator calls by playing an appropriate message containing special information tones (SIT) to indicate out of service or disconnect tones to the unwanted communicator and terminate the call.).
Consider claim 20, Quilici discloses the non-transitory computer readable storage medium of claim 16 further comprising receiving a request to add a caller identification profile to a user account, wherein the notification is generated in response to the caller identification profile including the caller identifier at risk of being flagged as spam based on the call log data see [77-78] of (step 230 of) Lu and ([Para 0051, 0053] wherein Fig. 5 illustrates a flowchart of a method for screening calls according to an embodiment of the present invention. A communication screening system may intercept an inbound communication from a given phone number, step 502. The inbound communication may be a voice call, short message service (SMS) text, or voice message that is directed to an intended recipient from a communicator using the given phone number. Paragraph 0053 also states that a score of the telecommunications carrier and number block are retrieved, step 506. The score may include an indication or frequency of unwanted communication traffic being associated with numbers that were acquired by the telecommunications carrier or belong to that number block. Handling of communications from the phone number is configured based on the score, step 508. The handling of communications from phone numbers associated with certain telecommunications carriers may vary. For example, certain scores may cause the communication screening system to prompt an audio challenge. Other scores may cause the communication screening system to forward communications to voice mail and label any recorded communication as potential spam. While a high score (e.g., high volume of unwanted traffic from the carrier) may cause the communication screening system to block communications or suppress auditory and/or visual indication of an incoming communication.).
Claims 4, 5, 12 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Quilici et al. (US 20200412871, hereinafter Quilici et al.) in view of Quilici et al. (US 9591131, hereinafter Quilici et al.)
Consider claim 4, Quilici discloses the method of claim 3,
But fails to disclose further comprising selecting the caller identifier for use in initiating the phone call based on the caller identifier being flagged as spam when the caller identifier was used to call the mobile device within the second prior period of time.
However, Quilici '131 discloses selecting the caller identifier for use in initiating the phone call based on the caller identifier being flagged as spam when the caller identifier was used to call the mobile device within the second prior period of time ([Para 0020] wherein Quilici discloses callers can be identified as either wanted or unwanted callers based on the stored information in the caller directory, in accordance with one or more rules. The rules may identify unwanted callers as those who make too many calls within given period of time, those who leave identical voicemails, or those identified as likely unwanted callers from other sources. Additionally, callers may be categorized into or flagged as entities such as a bank, telemarketer, debt collector, etc.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant's claimed invention to have incorporated the teachings of Quilici et al. '131 into the invention of Quilici et al. '871 in order to avoid detection/blocking, making the signal hard to predict.
Consider claim 5, Quilici et al. '871 discloses the method of claim 1,
But fails to disclose wherein initiating the phone call includes sending a call initiation request after a random period of time within a predetermined time range following receiving the request for the phone call.
However, Quilici et al. '131 discloses wherein initiating the phone call includes sending a call initiation request after a random period of time within a predetermined time range following receiving the request for the phone call ([Para 0037] wherein fig. 2 illustrates a flowchart of a method for handling calls from unwanted callers by a call answering server according to an embodiment of the present invention. A call is received, step 202. The call may be a call that has been unanswered on a phone device and is forwarded to a call answering service server.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant's claimed invention to have incorporated the teachings of Quilici et al. '131 into the invention of Quilici et al. '871 in order to avoid detection/blocking, making the signal hard to predict.
Consider claim 12, Quilici et al. '871 discloses the system of claim 11,
But fails to disclose wherein initiating the phone call includes sending a call initiation request after a random period of time within a predetermined time range following receiving the request for the phone call.
However, Quilici et al. '131 discloses wherein initiating the phone call includes sending a call initiation request after a random period of time within a predetermined time range following receiving the request for the phone call ([Para 0037] wherein fig. 2 illustrates a flowchart of a method for handling calls from unwanted callers by a call answering server according to an embodiment of the present invention. A call is received, step 202. The call may be a call that has been unanswered on a phone device and is forwarded to a call answering service server).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant's claimed invention to have incorporated the teachings of Quilici et al. '131 into the invention of Quilici et al. '871 in order to avoid detection/blocking, making the signal hard to predict.
Consider claim 17, Quilici '871 discloses the non-transitory computer readable storage medium of claim 16, but fails to disclose wherein initiating the phone call includes sending a call initiation request after a random period of time within a predetermined time range following receiving the request for the phone call.
However, Quilici '131 discloses wherein initiating the phone call includes sending a call initiation request after a random period of time within a predetermined time range following receiving the request for the phone call ([Para 0037] wherein fig. 2 illustrates a flowchart of a method for handling calls from unwanted callers by a call answering server according to an embodiment of the present invention. A call is received, step 202. The call may be a call that has been unanswered on a phone device and is forwarded to a call answering service server).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant's claimed invention to have incorporated the teachings of Quilici et al. '131 into the invention of Quilici et al. '871 in order to avoid detection/blocking, making the signal hard to predict.
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Quilici et al. (US 20200412871, hereinafter Quilici et al.) in view of Soo et al. (US 9185212, hereinafter Soo et al.)
Consider claim 9, Quilici fails to disclose further comprising receiving a request to add a caller identification profile to a user account, wherein the notification is generated in response to the caller identification profile including the caller identifier at risk of being flagged as spam based on the call log data.
However, Soo et al. discloses receiving a request to add a caller identification profile to a user account, wherein the notification is generated in response to the caller identification profile including the caller identifier ([Col. 4, lines 16-31] wherein FIG. 2 displays a flow chart showing a method for selecting and sending a response to a call to a communications device, according to an exemplary embodiment of the present invention. The method begins with a user's communications device receiving a call from another communications device S220. Based on an identification of the caller, such as the "Caller ID" of the caller, the user's communications device displays a set of responses and call commands associated with that caller or class of callers S221. It is also disclosed that This step can include connecting the caller's communications device to the user's voicemail account or simply rejecting the call.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant's claimed invention to have incorporated the teachings of Soo et al. into the invention of Quilici et al. '871 in order to enhance the user's call management experience, improve security, and facilitate better communication.
Consider claim 10, Quilici '871 discloses the method of claim 1,
But fails to disclose further comprising receiving, from the mobile device, a subsequent request for a subsequent phone call, wherein the subsequent request includes a unique identifier of the mobile device.
However, Soo et al. discloses receiving, from the mobile device, a subsequent request for a subsequent phone call, wherein the subsequent request includes a unique identifier of the mobile device ([Col. 5, lines 25-29] wherein FIGS. 4A-4D show screenshots of a display of a user device, according to exemplary embodiments of the present invention. These screenshots show the options a user has when receiving a call, creating a caller list, selecting a response, and managing response groups.). Note: It would have been obvious to one of ordinary skill in the art to know that configurations can be made to the mobile device for creating a caller list, selecting a response, and managing response group at the user's discretion.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant's claimed invention to have incorporated the teachings of Soo et al. into the invention of Quilici et al. '871 in order to protect sensitive user data, strengthening authentication and ensuring transparency for the user's personalized experience.
Response to Arguments
Applicant’s arguments have been considered but are now moot because of the new grounds of rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 STEVEN SHAUN KELLEY whose telephone number is (571)272-5652. The examiner can normally be reached Mondays to Fridays.
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, Jeanette Parker can be reached at (571)270-3647. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEVEN S KELLEY/Primary Examiner, Art Unit 2646
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