Prevention of Vishing Attacks

§112 §DOUBLEPATENT

Detailed Action Claims 1-20 are pending in this application. Information Disclosure Statement The information disclosure statement (IDS) submitted on 1/5/2005 has been considered. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 13,19 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. As per claims 13,19, recites “…based on changes in a voice steam”, it is unclear to what is considered to be a “voice steam” and also claim 19 recites “in a vide”, it is unclear to what a “vide” is. 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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer. Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,425,446(18/149,618). Although the claims at issue are not identical, they are not patentably distinct from each other because ‘446 teaches the instant claims and/or the limitation such as a change in intensity or a change in color value of predetermined pixels in a video frame and changes in a voice steam triggered by a gesture detected in a video are well known in the art as evident by US 2021/0382605 issued to Edwards, para.103, claim 19, and US 2010/0067782 issued to Dunn et al., para.31,32. Therefore it would have been obvious to one ordinary skill in the art to modify the teachings of ‘446 of identification of legitimate communication stream based on watermarking to apply the detection of a change in intensity/color of pixels and gesture detection in a video as well known in the art and evident by Edwards and/or Dunn in order to provide the predictable result of identification of legitimate communication streams based on watermarking by using the change in intensity/color or pixels and detections of gestures in a video. One ordinary skill in the art would have been motivated to combine the teachings in order to provide security for communication streams. Instant Claims 12,425,446 1. A system comprising: a microprocessor; and a computer readable medium, coupled with the microprocessor and comprising microprocessor readable and executable instructions that, when executed by the microprocessor, cause the microprocessor to: receive a first communication stream, wherein the first communication stream is part of a first communication session; determine if the first communication stream is completely generated using a first session watermark; in response to determining that the first communication stream is completely generated using the first session watermark, identifying the first communication stream as a legitimate communication stream; and in response to determining that the first communication stream has not been completely generated using the first session watermark identifying the first communication stream as a vishing communication stream and/or a potential vishing communication stream, wherein determining if the first communication stream is completely generated using the first session watermark is accomplished by comparing the first communication stream to a second communication stream that was completely generated with the first session watermark, and wherein the second communication stream is a copy of the first communication stream. 2. The system of claim 1, wherein the first session watermark is exchanged using a key exchange process. 3. The system of claim 1, wherein the determining that the first communication stream is completely generated using the first session watermark is done in real-time or semi-real-time. 4. The system of claim 2, wherein the first communication stream comprises a plurality of watermarked communication streams where each of the plurality of watermarked communication streams are generated based on separate session watermarks exchanged by the key exchange process, and wherein the plurality of communication streams comprises a conference communication session. 5. The system of claim 4, wherein the conference communication session comprises a plurality of composite video and/or voice streams that are watermarked based on a mixer watermark. 6. The system of claim 1, wherein the first communication stream comprises a plurality of watermarked communication streams where each of the plurality of watermarked communication streams are completely generated based on separate session watermarks, and wherein the plurality of communication streams comprises a conference communication session. 7. The system of claim 1, wherein the first communication stream is sent to a voicemail and/or a videomail system. 8. The system of claim 1, wherein the first session watermark is a voice session watermark and wherein the voice session watermark comprises a plurality of voice session watermarks that are applied to at least one of: a phoneme level, a word level, a language level, a sentence level, and a time period level. 9. The system of claim 1, wherein the first session watermark is a video session watermark and wherein the video session watermark is applied based on specific number of video frames. 10. The system of claim 1, wherein the first session watermark is a video watermark and wherein the video session watermark is applied based on a change in intensity or a change in color value of predetermined pixels in a video frame. 11. The system of claim 1, wherein the first session watermark is generated using a hashing algorithm that uses at least one of: a device identifier, a phone number, a Globally Unique Identifier (GUID), timing between when a user speaks, and a timestamp as an input. 12. The system of claim 1, wherein the first session watermark comprises a voice session watermark and a video session watermark and wherein the voice session watermark is correlated with the video session watermark. 13. The system of claim 12, wherein the correlation between the voice session watermark and the video session watermark is based on changes in a voice steam triggered by a gesture detected in a video. 14. The system of claim 1, wherein the microprocessor readable and executable instructions further cause the microprocessor to: determine if the first communication stream is from an internal network and/or from a registered device; in response to determining that the first communication stream is from the internal network and/or from the registered device, determining if the first communication stream is completely generated using the first session watermark; and in response to determining if the first communication stream is not from the internal network or from the registered device, not determining if the first communication stream is completely generated using a first session watermark. 15. The system of claim 1, wherein the first session watermark is changed to a second session watermark for the second communication stream in a second communication session. 16. The system of claim 1, wherein the first session watermark comprises a plurality of watermarks and wherein the plurality of session watermarks are stored in a blockchain as separate blocks. 17. A method, comprising: receiving, by a microprocessor, a first communication stream, wherein the first communication stream is part of a first communication session; determining, by the microprocessor, if the first communication stream is completely generated using a first session watermark; in response to determining that the first communication stream is completely generated using the first session watermark, identifying, by the microprocessor, the first communication stream as a legitimate communication stream; and in response to determining that the first communication stream has not been completely generated using the first session watermark identifying, by the microprocessor, the first communication stream as a vishing communication steam and/or a potential vishing communication stream, wherein determining if the first communication stream is completely generated using the first session watermark is accomplished by comparing the first communication stream to a second communication stream that was completely generated with the first session watermark, and wherein the second communication stream is a copy of the first communication stream. 18. The method of claim 17, wherein the first session watermark is a video watermark and wherein the video session watermark is applied based on a change in intensity or a change in color value of predetermined pixels in a video frame. 19. The method of claim 17, wherein the first session watermark comprises a voice session watermark and a video session watermark, wherein the voice session watermark is correlated with the video session watermark and wherein the correlation between the voice session watermark and the video session watermark is based on changes in a voice steam triggered by a gesture detected in a vide. 20. A system, comprising: a microprocessor; and a computer readable medium, coupled with the microprocessor and comprising microprocessor readable and executable instructions that, when executed by the microprocessor, cause the microprocessor to: receive a first communication stream, wherein the first communication stream is part of a first communication session; determine if the first communication stream is completely generated using a first session watermark; in response to determining that the first communication stream is completely generated using the first session watermark, identifying the first communication stream as a legitimate communication stream; in response to determining that the first communication stream has not been completely generated using the first session watermark identifying the first communication stream as a vishing communication stream and/or a potential vishing communication stream, determine if the first communication stream is from an internal network and/or from a registered device; and in response to determining that the first communication stream is from the internal network and/or from the registered device, determining if the first communication stream is completely generated using the first session watermark. 1. A system, comprising: a microprocessor; and a computer readable medium, coupled with the microprocessor and comprising microprocessor readable and executable instructions that, when executed by the microprocessor, cause the microprocessor to: receive a first communication stream, wherein the first communication stream is part of a first communication session; determine if the first communication stream is completely generated using a first session watermark; in response to determining that the first communication stream is completely generated using the first session watermark, identifying the first communication stream as a legitimate communication stream; and in response to determining that the first communication stream has not been completely generated using the first session watermark identifying the first communication stream as a vishing communication stream and/or a potential vishing communication stream, wherein determining if the first communication stream is completely generated using the first session watermark is accomplished by comparing the first communication stream to a second communication stream that was completely generated with the first session watermark, wherein the second communication stream is a copy of the first communication stream, and wherein the first communication stream and the second communication stream are both sent by a same communication device. 2. The system of claim 1, wherein the first session watermark is exchanged using a key exchange process. 3. The system of claim 2, wherein the determining that the first communication stream is completely generated using the first session watermark is done in real-time or semi-real-time. 4. The system of claim 2, wherein the first communication stream comprises a plurality of watermarked communication streams where each of the plurality of watermarked communication streams are generated based on separate session watermarks exchanged by the key exchange process, and wherein the plurality of communication streams comprise a conference communication session. 5. The system of claim 4, wherein the conference communication session comprises a plurality of composite video and/or voice streams that are watermarked based on a mixer watermark. 6. The system of claim 1, wherein the first communication stream comprises a plurality of watermarked communication streams where each of the plurality of watermarked communication streams are completely generated based on separate session watermarks, and wherein the plurality of communication streams comprise a conference communication session. 7. The system of claim 1, wherein the first communication stream is sent to a voicemail and/or a videomail system. 8. The system of claim 1, wherein the first session watermark is a voice session watermark and wherein the voice session watermark comprises a plurality of voice session watermarks that are applied to at least one of: a phoneme level, a word level, a language level, a sentence level, and a time period level. 9. The system of claim 1, wherein the first session watermark is a video session watermark and wherein the video session watermark is applied based on specific number of video frames. 10. The system of claim 1, wherein the first session watermark is generated using a hashing algorithm that uses at least one of: a device identifier, a phone number, a Globally Unique Identifier (GUID), timing between when a user speaks, and a timestamp as an input. 11. The system of claim 1, wherein the first session watermark comprises a voice session watermark and a video session watermark and wherein the voice session watermark and the video session watermark are interrelated. 12. The system of claim 1, wherein the microprocessor readable and executable instructions further cause the microprocessor to: determine if the first communication stream is from an internal network and/or from a registered device; in response to determining that the first communication stream is from the internal network and/or from the registered device, determining if the first communication stream is completely generated using the first session watermark; and in response to determining if the first communication stream is not from the internal network or from the registered device, not determining if the first communication stream is completely generated using a first session watermark. 13. The system of claim 1, wherein the first session watermark is changed to a second session watermark for the second communication stream in a second communication session. 14. The system of claim 1, wherein the first session watermark comprises a plurality of watermarks and wherein the plurality of session watermarks are stored in a blockchain as separate blocks. 15. A method, comprising: receiving, by a microprocessor, a first communication stream, wherein the first communication stream is part of a first communication session; determining, by the microprocessor, if the first communication stream is completely generated using a first session watermark; in response to determining that the first communication stream is completely generated using the first session watermark, identifying, by the microprocessor, the first communication stream as a legitimate communication stream; and in response to determining that the first communication stream has not been completely generated using the first session watermark identifying, by the microprocessor, the first communication stream as a vishing communication steam and/or a potential vishing communication stream, wherein determining if the first communication stream is completely generated using the first session watermark is accomplished by comparing the first communication stream to a second communication stream that was completely generated with the first session watermark, wherein the second communication stream is a copy of the first communication stream, and wherein the first communication stream and the second communication stream are both sent by a same communication device. 16. The method of claim 15, wherein the first session watermark is exchanged using a key exchange process. 17. The method of claim 16, wherein the first communication stream comprises a plurality of watermarked communication streams where each of the plurality of watermarked communication streams are generated based on separate session watermarks exchanged by the key exchange process, wherein the plurality of communication streams comprise a conference communication session, and wherein the conference communication session comprises a plurality of composite video and/or voice streams that are watermarked based on a mixer watermark. 18. A system, comprising: a microprocessor; and a computer readable medium, coupled with the microprocessor and comprising microprocessor readable and executable instructions that, when executed by the microprocessor, cause the microprocessor to: receive a first communication stream, wherein the first communication stream is part of a first communication session; determine if the first communication stream is completely generated using a first session watermark; in response to determining that the first communication stream is completely generated using the first session watermark, identifying the first communication stream as a legitimate communication stream; in response to determining that the first communication stream has not been completely generated using the first session watermark identifying the first communication stream as a vishing communication stream and/or a potential vishing communication stream, determine if the first communication stream is from an internal network and/or from a registered device; in response to determining that the first communication stream is from the internal network and/or from the registered device, determining if the first communication stream is completely generated using the first session watermark; and in response to determining if the first communication stream is not from the internal network or from the registered device, not determining if the first communication stream is completely generated using a first session watermark. 19. The system of claim 18, wherein the first session watermark is exchanged using a key exchange process. 20. The system of claim 19, wherein the determining that the first communication stream is completely generated using the first session watermark is done in real-time or semi-real-time. Allowable Subject Matter Claims 1-20 are allowed over prior art. The applicant is advised to file TD to overcome the Double Patenting Rejection and to amend claims 13,19 to overcome the 112(b) rejection in order to advance the prosecution of the application. REASONS FOR ALLOWANCE The following is an examiner’s statement of reasons for allowance: the prior art singly or in combination does not teach the totality of the independent claims when read in light of the specification. The closest prior art of record is Stevens et al.(US 2015/0373032) As per claims 1, 17,20 Stevens teaches a system comprising: a microprocessor; and a computer readable medium, coupled with the microprocessor and comprising microprocessor readable and executable instructions that, when executed by the microprocessor, cause the microprocessor(para.9-11) to: receive a first communication stream, wherein first communication stream is part of a first communication session(para.4 A legitimate voice or video communication application modifies data in a communication session to produce a watermark; claim 2 watermark into a voice or video media stream of the communication session); determine if the first communication stream has a first session watermark(para.28; The use of a watermark can be accomplished in various ways. For example, the watermark can be inserted into or can replace a protocol header of the communication session. The watermark can be inserted into a Session Initiation Protocol (SIP) header, an H.323 header, an H.264 header, an H.322 header, and/or the like. The watermark can be an inserted into the header by adding an additional field(s) or replacing a field (or portion of a field). The amount of data in the watermark may range from a single bit to a large number of bytes. The watermark may be inserted into a single header of a single packet only once during the communication session. Alternatively, the watermark may be inserted into every packet header of the communication session or only in specific packets of the communication session); in response to determining that the first communication stream has the first session watermark, identifying the first communication data as a legitimate communication stream(para.20; A watermark is a piece (or multiple pieces) of information/data that can be inserted into a communication session, removed from a communication session, reorganized in the communication session, used to change a characteristic of the communication session, and/or replaced in a voice or video communication session that is not readily observable, but can be verified after the watermark has been placed into the communication session. The purpose of a watermark is to verify that the voice or video communication session is a legitimate communication session; para.4,22; The purpose of a watermark is to verify that the communication session is a legitimate communication session and does not pose a security breach. The video or audio communication session is monitored for a watermark. In response to determining that the voice or video communication session contains the watermark, the voice or video communication session is allowed continue.; by allowing the voice and video communication session with the watermark to continue is interpreted as a legitimate communication stream); and in response to determining that the first communication stream does have the first session watermark identifying the first communication data as a vishing communication stream and/or a potential vishing communication data((para.4,22; The purpose of a watermark is to verify that the communication session is a legitimate communication session and does not pose a security breach….In response to determining that the voice or video communication session does not contain the watermark, the voice or video communication session is identified as a potential security breach. If the voice or video communication session is identified as a potential security breach, the voice or video communication session can be dropped and a user can be notified of the potential security breach.). However these prior art does not teach nor would it be obvious to one ordinary skill in the art to combine to teach As per claims 1,17, A system comprising: a microprocessor; and a computer readable medium, coupled with the microprocessor and comprising microprocessor readable and executable instructions that, when executed by the microprocessor, cause the microprocessor to: receive a first communication stream, wherein the first communication stream is part of a first communication session; determine if the first communication stream is completely generated using a first session watermark; in response to determining that the first communication stream is completely generated using the first session watermark, identifying the first communication stream as a legitimate communication stream; and in response to determining that the first communication stream has not been completely generated using the first session watermark identifying the first communication stream as a vishing communication stream and/or a potential vishing communication stream, wherein determining if the first communication stream is completely generated using the first session watermark is accomplished by comparing the first communication stream to a second communication stream that was completely generated with the first session watermark, and wherein the second communication stream is a copy of the first communication stream. As per claims 20. A system, comprising: a microprocessor; and a computer readable medium, coupled with the microprocessor and comprising microprocessor readable and executable instructions that, when executed by the microprocessor, cause the microprocessor to: receive a first communication stream, wherein the first communication stream is part of a first communication session; determine if the first communication stream is completely generated using a first session watermark; in response to determining that the first communication stream is completely generated using the first session watermark, identifying the first communication stream as a legitimate communication stream; in response to determining that the first communication stream has not been completely generated using the first session watermark identifying the first communication stream as a vishing communication stream and/or a potential vishing communication stream, determine if the first communication stream is from an internal network and/or from a registered device; and in response to determining that the first communication stream is from the internal network and/or from the registered device, determining if the first communication stream is completely generated using the first session watermark. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892. US 2009/0083541-Levine teaches a system in which audio files are distributed that include watermarks, digital signatures and/or encryption. The file may offer content owners some amount of playback control, while offering the consumer value-added content & services, and maintaining backward compatibility to existing digital file players such as MP3 players. By enticing the consumer with value-added content and services alongside the purchased songs, the consumer is encouraged to obtain these files from participating retailers and to replay the files using compliant players. US 10,887,362-Vikramaratne teaches identifying misappropriation of forensically-watermarked video content. A method embodiment for forensic watermarking commences upon identifying video sources. A video is partitioned into frame ranges or “chunks”. Different watermarking schemes are applied to the chunks to generate different watermarked versions of each chunk. Upon receiving a request from a user to view a requested video, a digital signature is generated from a set of request attributes such as a user ID or session ID. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BACKHEAN TIV whose telephone number is (571)272-5654. The examiner can normally be reached on Mon.-Thurs. 5:30-3:30. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TONIA DOLLINGER can be reached on (571) 272-4170. 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. /BACKHEAN TIV/ Primary Examiner Art Unit 2459