DETAILED ACTION
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 .
The following is a final office action in response to the amendments filed 07/29/2026. Amendments received on 07/29/2026 have been entered. Claims 14-26 are pending.
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 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.
Claims 14-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Roytblat (WO 2015/085402 A1, provided in the IDS).
As of claims 14, 20, 25 and 26, Roytblat discloses a user system for handling incoming calls, comprising:
a user equipment (via user device 140; see fig. 1) and a communication device (via meeting device/tablet 150 or server/device 10, 22; see figs. 1 and 9a; also see paragraphs [0107]-[0108]),
wherein said user equipment comprises:
a controller configured for handling an incoming call received by said user equipment (via user device 140 configured for handling an incoming call; see paragraph [0175]); and
a receiver configured for receiving a muting signal generated by the communication device (via receiving a meeting mode command, wherein the meeting mode command is a Do-Not-Disturb (DND) command; see paragraphs [0014] and [0018]);
wherein the communication device comprises:
a transmitter for transmitting the muting signal (via transmitting a DND command; see paragraphs [0014] and [0018]); and
a processor configured for:
detecting if a non-interruptible or non-disturbable activity is being carried out by using the communication device (via detecting that the meeting has started. Roytblat discloses that the meeting tablet 150 is designed for the meeting application, so in the reference of Roytblat it is interpreted that the meeting tablet/device 150 is used by the organizer to host the meetings; see paragraphs [0107]-[0108] and [0120]);
generating availability data if the non-interruptible or non- disturbable activity is detected, wherein said availability data specify if said communication device is being used for carrying out the non- interruptible or non-disturbable activity (via meeting tablet 150 comprising an interrupt utility 24 to generate meeting mode commands once the meeting is started using the meeting tablet; see paragraph [0109], [0144] and [0172]);
transmitting, via the transmitter, the muting signal comprising the availability data, and wherein the controller of the user equipment is also configured for determining, on the basis of the availability data, whether the incoming call should be muted and/or forwarded (via transmitting meeting mode command and the user device 140 implementing the command; see paragraphs [0111]-[0113] and [0215]).
As of claims 15 and 21, Roytblat discloses that the receiver of the user equipment comprises a radio receiver, and wherein the transmitter of the communication device comprises a radio transmitter (via performing radio frequency communication; see fig. 1; also see paragraph [0108] and [0229]).
As of claims 16 and 22, Roytblat discloses that the receiver of the user equipment comprises an optical receiver, and wherein the transmitter of the communication device comprise video reproduction means (via optical receivers and meeting tablet performing video conference; see paragraphs [0108] and [0135]). The Examiner took official notice that is well known in the art that a command signal can be transmitted via radio, audio, mobile cellular network or optical communication techniques (see Limbaugh et al. (US Pub 2016/0080539) paragraph [0022] and Lambourne (US Pub 2020/0076939) paragraph [0074]). The well-known in the art statement is taken to be admitted prior art because applicant did not traverse the examiner’s assertion of official notice (MPEP 2144.03).
As of claims 17 and 23, Roytblat discloses that the receiver comprises an audio receiver, and wherein the transmitter of the communication device comprise audio reproducer (via microphone and speaker; see paragraph [0228]). The Examiner took official notice that is well known in the art that a command signal can be transmitted via radio, audio, mobile cellular network or optical communication techniques (see Limbaugh et al. (US Pub 2016/0080539) paragraph [0022] and Lambourne (US Pub 2020/0076939) paragraph [0074]). The well-known in the art statement is taken to be admitted prior art because applicant did not traverse the examiner’s assertion of official notice (MPEP 2144.03).
As of claim 18, Roytblat discloses the communication device comprises a camera and/or a microphone, and wherein the communication device is also configured for detecting that the non-interruptible or non-disturbable activity is in progress when the camera and/or said microphone are in an operating condition (via disclosing that the meeting tablet records the meeting in audio and video mode, hence meeting tablet is detecting that the non-interruptible (meeting) is in progress; see paragraph [0141]).
As of claims 19 and 24, Roytblat discloses that when an inhibition situation occurs, the controller of the user equipment is also configured for ignoring the reception of the muting signal that comprise the availability data; and/or the processor of the communication device is configured for inhibiting the generation of the availability data or the transmission of the muting signal (via disclosing that the "meeting profile" may contain information indicating that all devices and communication platforms should be switched to "DND" status during a meeting. In another example, the "meeting profile" may contain exceptions indicating that all devices and communication platforms should be switched to "DND" except for calls or emails from MR. JOHN DOE, a Very Important Client. Similarly, each meeting attendee may have one or more exceptions set up in their associated profile, indicating if some form of communication is to be allowed during a meeting. Each of the exceptions may have a time-lapse variable indicating if and when the exception ceases to have any effect. The exceptions may also contain information indicating what level of alert or intrusion is allowed for certain kinds of incoming or outgoing communication; see paragraph [0113]).
Response to Arguments
Applicant's arguments filed 7/29/2026 have been fully considered but they are not persuasive.
Applicant argues that Royblat does not discloses limitations regarding the “availability data” as claimed in the present application. The Examiner respectfully disagrees.
Roytblat discloses that the meeting tablet 150 is designed for the meeting application, so in the reference of Roytblat it is interpreted that the meeting tablet/device 150 is used by the organizer to host the meetings (see paragraphs [0107]-[0108] and [0120]). Roytblat further discloses that the meeting tablet 150 comprises an interrupt utility 24 to generate meeting mode commands once the meeting is started using the meeting tablet (see paragraph [0109], [0144] and [0172]). So, the meeting mode commands indicate the availability data of the meeting tablet 150 (communication device) and that command is used to determine whether the incoming call should be muted or forwarded on the user device 140.
Based on the explanation given above it is the Examiner’s position that the reference applied discloses the invention as claimed in the present application.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lambourne (US 2020/0076939) discloses a system and method wherien a first transmits 130 transmits a do not disturb command to another device (see abstract).
Boss et al. (US 9,390,405) discloses that a device 105 detects non-interruptable activity and transmits a DND signal to a device 100 (see abstract).
Gupta et al. (US Pub 2009/0323907) discloses a system and method for implementing do-not-disturb during media content. Do-not-disturb is implemented during playback of the media content in response to a selection of media content. An incoming communication is received. The incoming communications is sent directly to voice mail during the playback.
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 NABIL H SYED whose telephone number is (571)270-3028. The examiner can normally be reached 8:00-5:00 M-F.
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, Davetta W Goins can be reached at (571) 272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NABIL H SYED/Primary Examiner, Art Unit 2689
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