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Case 1:07-cv-00090-SLR

Document 179

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE MICROSOFT CORPORATION, Plaintiff, v. ALCATEL-LUCENT ENTERPRISE and GENESYS TELECOMMUNICATIONS LABORATORIES, INC. Defendants. DECLARATION OF THOMAS L. HALKOWSKI IN SUPPORT OF MICROSOFT'S OPENING BRIEF ON CLAIM CONSTRUCTION I, Thomas L. Halkowski, declare: 1. I am a Principal of Fish & Richardson P.C. ("F & R"), counsel of record in this

C.A. No. 07-090-SLR PUBLIC VERSION

action for Plaintiff Microsoft Corporation ("Microsoft"). I am a member of the Bar of the State of Delaware and of this Court. I have personal knowledge of the matters stated in this declaration and would testify truthfully to them if called upon to do so. 2. Exhibit 1. 3. Exhibit 2. 4. Exhibit 3. 5. Exhibit 4. 6. Exhibit 5. A true and correct copy of United States Patent No. 6,728,357 is attached as A true and correct copy of United States Patent No. 6,263,064 is attached as A true and correct copy of United States Patent No. 6,430,289 is attached as A true and correct copy of United States Patent No. 6,421,439 is attached as A true and correct copy of the Joint Claim Construction Chart, is attached as

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7.

A true and correct copy of excerpts from the August 28, 2007 Confidential

Deposition Transcript of Henry-Hyde Thomson, taken in the course of the ITC investigation, is attached as Exhibit 6. 8. A true and correct copy of excerpts from the April 18, 2008 Confidential Expert

Report of Henry Hyde-Thomson Regarding Alcatel Lucent Enterprise's Non-Infringement of U.S. Patent Nos. 6,263,064, 6,728,357, 6,430,289 and 6,421,439 In Rebuttal To The Expert Reports of Dr. William H. Beckmann, is attached as Exhibit 7. 9. A true and correct copy of excerpts from the October 12, 2008 and October, 15,

2008 Hearing Transcripts from the ITC investigation is attached as Exhibit 8. 10. A true and correct copy of excerpts from the March 28, 2008 Expert Report of

Mr. Henry Hyde-Thomson Regarding Invalidity and Materiality, is attached as Exhibit 9. 11. A true and correct copy of excerpts from a Unified Messaging Presentation

bearing production numbers MSAL 05059555 ­ 05059557 and an Introduction to Unfied Messaging and Design for Voice Session 2003 bearing production numbers MSAL 05059589 is attached as Exhibit 10. 12. A true and correct copy of excerpts from the prosecution history of United States

Patent No. 6,263,064 is attached as Exhibit 11. 13. A true and correct copy of excerpts from the Expert Report of Beckmann, Ph.D.,

is attached as Exhibit 12. 14. A true and correct copy of excerpts from the prosecution history of United States

Patent No. 6,430,289, is attached as Exhibit 13. 15. A true and correct copy of excerpts from the prosecution history of United States

Patent No. 6,421,439 is attached as Exhibit 14.

2

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16.

I declare under the penalty of perjury that the foregoing is true and correct. /s/ Thomas L. Halkowski Thomas L. Halkowski

Dated: May 9, 2008

3

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CERTIFICATE OF SERVICE I hereby certify that on May 16, 2008, I electronically filed with the Clerk of Court the attached PUBLIC VERSION ­ DECLARATION OF THOMAS L. HALKOWSKI IN SUPPORT OF MICROSOFT'S OPENING BRIEF ON CLAIM CONSTRUCTION using CM/ECF which will send notification of such filing to the following individuals: Jack B. Blumenfeld Maryellen Noreika Richard John Bauer MORRIS, NICHOLS, ARSHT & TUNNEL LLP 1201 North Market Street Wilmington, DE 19899-1347 [email protected] [email protected] [email protected] (Also served via hand delivery) I also certify that copies were caused to be served on May 16, 2008 upon the following individuals via electronic mail: Steven C. Cherny Karen Y. Tu Clement J. Naples LATHAM & WATKINS LLP 885 Third Avenue, Suite 1000 New York, NY 10022 [email protected] [email protected] [email protected] David A. Nelson Alan Devlin Brett M. Doran LATHAM & WATKINS LLP Sears Tower, Suite 5800 Chicago, IL 60606 [email protected] [email protected] [email protected] Michael J. Schallop LATHAM & WATKINS LLP 140 Scott Drive Menlo Park, CA 94025 [email protected] Susan S. Azad LATHAM & WATKINS LLP 633 West Fifth Street, Suite 4000 Los Angeles, CA 90071 [email protected]

/s/ Thomas L. Halkowski

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Exhibit 1

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UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE

MICROSOFT CORP., Plaintiff, v. ALCATEL-LUCENT ENTERPRISE and GENESYS TELECOMMUNICATIONS LABORATORIES, INC., Defendants.

Civil Action No. 07-090-SLR Hon. Sue L. Robinson Jury Trial Demanded

JOINT CLAIM CHART Per the Court's scheduling order, the parties submit the following joint claim chart outlining the terms for which there is a claim construction dispute. At issue are three terms in the '439 patent, four in the '289 patent, and seven in the '357 and '064 patents. For convenience, those terms, as well as the parties' proposed constructions, appear below.

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Term "telephone network" "computer network" "current activity of subscribers on the computer network or according to current activity of the user on the computer network" "the controller accessing the user-selectable criteria in the one or more lists of the data structure via the computer network access port and thereby applying the userselectable criteria to the incoming call"

Appears In All asserted claims All asserted claims All asserted claims

'439 patent MS Proposed Constr. "network for carrying telephony information" "network for carrying digital data" "current status of subscribers on the computer network or according to current status of the user on the computer network"

Defs.' Proposed Constr. "network for carrying telephony information originated by telephones" "network for carrying digital data originated by computers" "whether the calling party is present on the computer network or the called party is present on the computer network"

Claims 1, 2 and 9

The parties agree to the following construction: "hardware or software that accesses the user-selectable criteria in the one or more lists of the data structure via the computer network access port and thereby applying the user-selectable criteria to the incoming call"

2

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Term " telephone network" " computer network" " monitoring activity of a user computer"

Appears In All asserted claims All asserted claims All asserted claims

'289 patent MS Proposed Constr. " network for carrying telephony information" " network for carrying digital data" Phrase does not require construction. If construction is required: " monitoring the status of a user computer" Phrase does not require construction. If construction is required: " receiving at the computer network information from the telephone network that a telephone call from a first party to a second party has been initiated"

Defs.' Proposed Constr. " network for carrying telephony information originated by telephones" " network for carrying digital data originated by computers" " determining whether a called party' s computer is active or idle" " receiving at the computer network an indication from the telephone network that a first party requests to set up a telephone call with a second party prior to the time the call is placed by the first party"

" at the computer All asserted network, receiving claims information from the telephone network that a first party from whom a call is originating desires to establish telephone communication with a second party"

3

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Term " unified messaging system"

" communication options" " [first/second] enable option for enabling or disabling the [first/second] communication service" " a single graphical menu for displaying said communication options for each of said communication services at the same time" " audibly representing said communication options to one of said telephones using said telephony server, when said subscriber employs said one of said telephones

'064 and '357 patents Appears In MS Proposed Constr. All asserted " system that allows claims messages of a data-centric network and a telephonycentric network to be received, stored, retrieved, and forwarded without regard to the communication devices or networks employed for the transmission of the messages (i.e., in a coordinated manner) All asserted " settings that control how claims communication services will be handled" Claims 1, 3, 8, 9 " communication option and 11 of the that controls the extent to `064 patent; which a communication claims 1, 6 and service is implemented" 17 of the `357 patent All asserted claims " a single graphical menu for displaying at least a first communication service and option and a second communication service and option at the same time" " audibly representing communication options pertaining to at least two communication services to a telephone using said telephony server, when a subscriber employs one of the telephones to access the computer-implemented control center"

Defs.' Proposed Constr. " system that allows messages of a data-centric network and a telephonycentric network to be received, stored, retrieved, and forwarded to the communication devices or networks employed for the transmission of the messages" " parameters associated with specific types of communication services" " an option that allows a subscriber to turn on or off a communication service"

" one graphical menu that shows all of the communication options associated with the subscriber' s communication services"

Claim 1 of the `357 patent;

" audibly representing the same options available through the graphical menu to one of said telephones, using said telephony server, when said subscriber employs said one of said telephones to access said computerimplemented control center"

4

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Term to access said computerimplemented control center" " an audible representation of said communication options capable of being provided to one of said telephones, using said telephony server, when said subscriber employs said one of said telephones to access said computerimplemented control center" " telephony server being configured to audibly represent said communication options to said telephone when said subscriber employs said telephone to access said computerimplemented control center"

'064 and '357 patents Appears In MS Proposed Constr.

Defs.' Proposed Constr.

Claim 17 of the `357 patent

" an audible representation of communication options pertaining to at least two communication services capable of being provided to one of the telephones, using said telephony server, when a subscriber employs one of the telephones to access the computer-implemented control center"

" an audible representation of the same options available through the graphical menu to one of said telephones, using said telephony server, when said subscriber employs said one of said telephones to access said computerimplemented control center"

All asserted claims of the `064 patent

" telephony server being configured to audibly represent communication options pertaining to at least two communication services to a telephone when the subscriber employs said telephone to access the computerimplemented control center"

" a telephony server that represents the same communication options that are available through the single graphical menu"

5

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Dated: May 2, 2008 Respectfully submitted, MICROSOFT CORPORATION ALCATEL-LUCENT ENTERPRISE and GENESYS TELECOMMUNICATIONS LABORATORIES, INC. By their attorneys, _/s/ Jack B. Blumenfeld__________________ Jack B. Blumenfeld (#1014) Maryellen Noreika (#3208) MORRIS, NICHOLS, ARSHT & TUNNELL LLP 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19899-1347 Tel: (302) 658-9200 E-mail: [email protected] E-mail: [email protected]

By its attorneys, _/s/ Thomas L. Halkowski_______________ Thomas L. Halkowski (#4099) FISH & RICHARDSON P.C. 919 N. Market Street, Suite 1100 P.O. Box 1114 Wilmington, DE 19899-1114 Tel: (302) 652-5070 Fax: (302) 652-0607 E-Mail: [email protected]

6

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Exhibit 2

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(12)

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(10) (45)

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United States Patent
Liffick

Patent NO.: US 6,421,439 ~1 Date of Patent: Jul. 16,2002

(54) SYSTEM AND METHOD FOR USER AFFILIATION IN A TELEPHONE NETWORK (75) Inventor:

6,005,870 A * 1211999 Leung et al. ............... 3701466 6,041,108 A * 312000 Brewster et al. ............ 3791196

Stephen Mitchell Liffick, Seattle, WA
(US)

* cited by examiner
Primary Examiner--Ahmad F. Matar Assistant Examiner43enny Q. Tieu (74) Attorney, Agent, or Firm-Workman, Seeley

(73) Assignee: Microsoft Corporation, Redmond, WA (US)

Nydegger,

( * ) Notice:

Subject to any disclaimer, the term of this patent is extended or adjusted under 35 U.S.C. 154(b) by 0 days.

(57)

ABSTRACT

(21) Appl. No.: 091275,689 (22) Filed:

Mar. 24, 1999

(51) Int. CL7 ............................. H04M 3/42; G06F 9146 (52) U.S. C1. ............................. 3791211.02; 3791201.02; 7091328 (58) Field of Search ....................... 3791201.01, 201.02, 3791201.03, 188, 196, 197, 198, 199, 200, 210.02, 210.03, 211.01, 211.02, 900; 3701352; 7091311, 312, 320, 328 (56)
5,329,578 A *

References Cited
U.S. PATENT DOCUMENTS
711994 Brennan et al.

A telecommunication system combines telephone technology and Internet technology to establish one or more userspecified affiliation lists. The affiliation lists are stored on the Internet and are accessible by the user and by the telecommunication portion of the system. The affiliation lists are used to process incoming calls to the user's destination telephone number. A central office switch receives the call being directed to the destination telephone number and uses a communication link with the Internet to access the user's affiliation lists. The incoming call is processed in accordance with the user-specified rules in the affiliation lists. The user may accept all incoming calls, no incoming calls, or incoming calls only from specified parties. The call processing rules may be readily edited by the user and can also include alternative call processing rules that vary in accordance with the time of day or with the user's personal desires.

....... 3791211.03

51 Claims, 8 Drawing Sheets

DESTINATION

TELEPHONE

USER COhIPUTER
A

154 132 AFFILIATION LIST

152 INTERNET CONTROLLER

156

F

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-.

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Sheet 5 of 8

AFFILIATION LIST I/O 1NTERFACE

Fig. 5

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Sheet 6 of 8

US 6,421,439 BI

Name Subscriber Name Phone 1 Phone 2

Bob Sinith
[email protected] (425) 555- 1234 (425) 555-1 235

Subscriber Naine Phone 1

Jim Smith NONE (206) 555-1 236

Name Subscriber Naine Email Alias Phone 1 Phone 2 Phone 3

John Adalns j [email protected] atom smasher xyz
(703) 555-1237 (703) 555-1238 (703) 555- 1239

Fig. 6

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US 6,421,439 BI

Bob Smith Subscriber Name Phone 1 Phone 2 Status bobxyz@~nsn .corn (425) 555-1 234 (425) 555-1235 Allowed

Name Subscriber Name Phone 1 Status

Jim Smith NONE
(206) 555-1 236

Blocked

Name Subscriber Name Email Alias Phone 1 Phone 2 Phone 3 Status Phone 1 Phone 2 Phone 3

-

-

John Adalns [email protected] atom slnasher xyz (703) 555- 1237 (703) 555-1 238 (703) 555-1239 Conditional Allowed Allowed 9:00 a.m. - 11 :30 a.m Blocked

Fig. 7

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Sheet 8 of 8

Receive call data from originating telephone
204

Establish Internet link

Access user affiliation list

list?

Process call using forward list rules

caller on reverse

Process call using reverse list rules

caller on block

Process call using block list rules

Process call using unidentified caller rules

Fig. 8

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US 6,421,439 B1

1
SYSTEM AND METHOD FOR USER AFFILIATION IN A TELEPHONE NETWORK

2

criteria based on user preferences. For example, the user may select all calls during certain times of the day, calls from selected parties during other specified times of the day, and TECHNICAL FIELD no calls during other times of the day. The user-selectable s call processing criteria may be readily edited by the user and The present invention is directed generally to telecommay be applied to multiple phone numbers associated with munications and, more particularly, to a system and method a particular caller, for user selection of individual affiliations in a telephone The system may be readily implemented on current network. telephone systems with no significant modifications. For 10 example, the system may apply the user-specified call proBACKGROUND OF THE INVENTION cessing criteria at the central office switch to which the Advances in telecommunication technology provide a destination telephone is coupled. All call processing prior to user with a broad variety of communication options. For arrival at that central switch is performed in actorexample, advances in telephone communication, including dance with conventional telecommunication techniques and wireless telephone and cellular telephone, allow almost 1s standards. When a call arrives at the central office switch instantaneous communication between virtually any two coupled to the destination telephone, the central locations on earth. Telephone service providers typically switch does not immediately establish a communication link offer wide range of options, such as voice mail, caller with the destination telephone, but accesses the useridentification, call waiting, call fomarding, three-way specified call processing criteria on the Internet and applies calling, and the like. The telephone service subscriber can 20 the call processing criteria. If the call is allowed, the central customize their own telecommunications service with the switch establishes a communication link with the selection of one or more options. destination telephone in a conventional fashion to complete Despite these advances, the user is still limited in deterthe telephone call. If the call is not allowed, the central office mining with whom the user wishes to speak and when the switch will not process the call, and may generate a busy user wishes to speak with certain parties or, at the user's 25 signal to indicate that the user is unavailable. option, not speak with certain parties. Although caller iden~ h system may also be implemented at other points in , tification (ID) can identify the calling party, caller ID does the telecommunication network, such as a central office not always correctly identify the caller. For example, if the switch at the originating telephone, In addition, the usernumber identification data is not transmitted along with the specified call processing criteria may be stored on other call, the caller ID device indicates that caller data is 30 forms of networks that are accessible to both the user (i,e,, "unavailable." In addition, the user must still respond to the the called party) and the te~ecommunication system, ringing telephone and view the caller identification box to determine whether or not to answer the telephone. Thus, BRIEF DESCRIPTION OF THE DRAWINGS existing telephone technologies do not always provide user FIG. 1 illustrates a computer system that includes com35 with the desired degree of control over incoming calls. ponents to implement the system of the present invention. Therefore, it can be appreciated that there is a significant FIG. 2 is a functional block diagram outlining the operaneed for system and method to control incoming calls to a tion of the present invention. user's telephone. The present invention provides this and other advantages as will be apparent from the following is a diagram an 40 telecommunications configuration implementing the present detailed description and accompanying figures. invention. SUMMARY OF THE INVENTION FIG. 4 is a functional block diagram of another alternative u telecommunications configuration implementing the present A system to specify user-selectable criteria for call proinvention. cessing is implemented on a conventional telephone system, 45 FIG. 5 is a functional block diagram providing details of such as a public switched telephone network (PSTN), ~h~ user-saecified call arocessinn criteria is stored on a network the list the 2. a FIG. 6 illustrates sample data provided in the list of FIG. that is accessible by the user for data entry andlor editing, 5. and is also accessible by the PSTN to determine whether call processing criteria exists for the particular caller. The InterFIG. 7 illustrates additional sample data provided in the net provides a readily available data structure for storage of list of FIG. 3. the user-selectable call processing criteria. The user can FIG, 8 is a flowchart illustrating the operation of the establish a database stored on the Internet in association with system of FIG, 2, the user's telephone number and indicating the userDETAILED DESCRIPTION OF THE selectable call processing criteria for one or more potential 55 callers. INVENTION The caller may be identified by caller identification data, Existing telephone technology does not provide the telesuch as automatic number identification (ANI). Based on the phone subscriber with a technique for controlling access to destination telephone number and the caller identification the user's telephone, Features such as caller ID identify the data, the PSTN accesses the Internet and examines an 60 caller, but do not control access to the user's telephone. affiliation list corresponding to the destination telephone Thus, the conventional telephone system forwards the user number. If the caller identification data is present in the to extreme options, The user may answer all incoming calls affiliation list, the call may be processed in accordance with or may choose not to answer any incoming calls, However, the user-specified criteria for that particular caller. the aresent invention arovides selective oations in between The user (i.e., the called party) can specify user-selectable 65 these two extremes. The present invention combines telecall processing criteria for all incoming calls, incoming calls phone technology with Internet technology to allow the user from selected callers, and may further apply conditional to "filter" incoming calls based on user-selected criteria. In

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3
particular, the user may establish a series of lists, stored on the Internet in association with the user's telephone, to filter incoming calls and thereby control access to the user's telephone. FIG. 1 and the following discussion are intended to provide a brief, general description of a suitable computing environment in which the invention may be implemented. Although not required, the invention will be described in the general context of computer-executable instructions, such as program modules, being executed by a personal computer, Generally, program modules include routines, programs, objects, components, data structures, etc. that perform partitular tasks or implement particular abstract data types, Moreover, those skilled in the art will appreciate that the invention may be practiced with other computer system configurations, including hand-held devices, multiprocessor systems, microprocessor-based or programmable consumer mainframe computers, and the like. The inventionmay also be practiced in distributed computing environments where tasks are performed by remote processing devices that are linked through a communications network. In a distributed computing environment, program n~odulesmay be located in both local and remote memory storage devices. With reference to FIG. 1, an exemplary system for implementing the invention includes a general purpose computing device in the form of a conventional personal computer 20, including a processing unit 21, a system memory 22, and a system bus 23 that couples various system components including the system memory to the processing unit 21, ~h~ system bus 23 may be any of several types of bus structures including a memory bus or memory controller, a peripheral bus, and a local bus using any of a variety of bus architectures. The system memory 22 includes read only memory (ROM) 24 and random access memory (RAM) 25. A basic inputloutput system 26 (BIOS), containing the basic routines that helps to transfer information between elements within the personal computer 20, such as during start-up, may be stored in ROM 24. The personal computer 20 further includes input/output devices 27, such as a hard disk drive 28 for reading from and writing to a hard disk, not shown, a magnetic disk drive 29 for reading from or writing to a removable magnetic disk 30, and an optical disk drive 31 for reading from or writing to a removable optical disk 32 such as a CD ROM or other optical media, ~h~ hard disk drive 28, magnetic disk drive 29, and optical disk drive 31 are connected to the system bus 23 by a hard disk drive interface 33, a magnetic disk drive interface 34, and an optical drive interface 35, respectively. ~h~ drives and their associated computer-readable media provide nonvolatile storage of computer readable instructions, data structures, program modules and other data for the personal computer 20. Although the exemplary environment described herein employs a hard disk, a removable magnetic disk 30 and a removable optical disk 32, it should be appreciated by those skilled in the art that other types of computer readable media which can store data that is accessible by a computer, such as magnetic cassettes, flash memory cards, digital video disks, Bernoulli cartridges, random access memories (RAMS), read only memories (ROM), and the like, may also be used in the exemplary operating environment. Other 110 devices 27, such as a display 36, keyboard 37, mouse 38, and the like may be included in the personal computer 20 and function in a known manner. For the sake of brevity, other components, such as a joystick, sound board and speakers are not illustrated in FIG. 1.

4
The personal computer 20 may also include a network interface 36 to permit operation in a networked environment using logical connections to one or more remote computers, such as a remote computer 40. The remote computer 40 may 5 be another personal computer, a server, a router, a network PC, a peer device or other common network node, and typically includes many or all of the elements described above relative to the personal computer 20, although only a memory storage device 42 has been illustrated in FIG. 1. The lo logical connections depicted in FIG. 1 include a local area network (LAN) 43 and a wide area (WAN) 44. Such networking environments are in offices, enterprise-wide computer networks, intranets and the Internet'

20

25

30

35

40

When in a LAN networking the personal computer 20 is connected to the LAN 43 through the network interface 39. When used in a WAN networking environment, the personal computer 20 typically includes a modem 45 or other means for establishing communications the ,ide area network 44, such as the Internet, The modem 45, which may be internal or external, permits communication with remote computers 46-50, In a networked environment, program modules depicted relative to the personal computer 20, or portions thereof, may be stored in the remote memory storage device 42 via the LAN 51 or stored in a remote memory storage device 52 via the WAN 44. It will be appreciated that the network connections shown are exemplary and other means of establishing a communications link between the computers may be used. The Present invention is anbodied in a system 100 illustrated in the functional diagram of FIG. 2. In a typical telephone communication, an originating telephone 102 is operated by a calling Party to place a call to a destination telephone 104. The originating telephone generates signals switch 106 operated by that are detected by a central a local exchange carrier (LEC) 108. The LEC 108 is the telephone service provider for the calling Party. The originating telephone 102 is coupled to the central ofice switch 106 via a communication link 110.As those skilled in the art can appreciate, the communication link 110 may be a hard-wired connection, such as a fiber optic, copper wire, or the like. Alternatively, the communication link 110 may be a wireless communication link if the originating phone 102 is a Or form

Similarly, the destination telephone 104 is coupled to a central office switch 116 operated by a local exchange carrier (LEC) 118. The destination telephone 104 is coupled to the central office switch 116 via a communication link 120. The ~ommunicationlink 120 may be a hard-wired ~ ~ m m u n i c a so tion link or a wireless communication link, as described above with respect to the communication link 110. The Present invention is not limited by the specific form of switch. ~ommunicationlink or central The LEC 108 establishes a communication link with the 5s LEC 118. As illustrated in FIG. 2, the communication link between the LEC 108 and the LEC 118 is through a long distance carrier (LDC) 124. The LEC 108 establishes a communication link 126 with the LDC 124 which, in turn, establishes a communication link 128 with the LEC 118. If 60 the telephone call from the originating telephone 102 to the destination telephone 104 is not a long distance call, the LDC 124 is not required. In this case, the communication link 126 may couple the LEC 108 directly to the LEC 118. The use of the system 100 with other telephone configura6s tions are illustrated in other figures. To place a telephone call, the calling party activates the originating telephone 102 to dial in the telephone number
45

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6

corresponding to the destination telephone number 104, sidered "keys" which may be used by the system 100 to identify the caller and the callee. Thus, the central office thereby establishing the communication link 110 with the switch 116 provides information which may be used to central office switch 106. In true, the central office switch 106 establishes the communication link 126 (via the LDC access the affiliation list 150 for the destination telephone 124, if necessary), thus establishing a communication link 5 104. with the central office switch 116. In a conventional teleThe Internet interface portion 140 may be conveniently phone system, the central office switch 116 establishes the implemented with a computer network card mounted in the communication link 120 to the destination telephone 104 same computing platform that includes the ISDN PRI card. causing the destination telephone to ring. If the subscriber However, it is not necessary for satisfactory operation of the picks up the destination telephone, a complete communica- lo system 100 that the interface cards be co-located in the same tion link between the originating telephone 102 and the computing platform. It is only required that the telephone interface portion 138 communicate with the Internet interdestination telephone 104 has been established. This is sometimes referred to as "terminating" the telephone call. face portion 140. The Internet interface portion 140 receives The specific telecommunications protocol used to establish the incoming data (e.g., the ANI, DNIS, and the like) and a telephone communication link between the originating generates Internet compatible commands. The specific form of the Internet commands using, by way of example, TCPIIP, telephone 102 and the destination telephone 104 is well known in the art and need not be described herein. The are within the scope of knowledge of one skilled in the art preceding description of techniques used to establish the and need not be described herein. As will be described telephone communication link are provided only as a basis below, data provided by the central office switch 116 will be for describing the additional activities performed by the 20 used to access data on the Internet and use that data to determine the manner in which a telephone call will be system 100. processed. With the system 100, the central office switch 116 does not initially establish the telephone communication link 120 The Internet 134 stores an affiliation list 150, which may be established by the user of the destination telephone 104. with the destination telephone 104 to cause the telephone to ring. Instead, the central office switch 116 establishes a 25 Data stored within the affiliation list 150 is accessed by the central office switch 116 to determine the manner in which communication link 132 with a computer network 134, such as the Internet. As those skilled in the art can appreciate, the the call from the originating telephone 102 will be proInternet is a vast multi-computer network coupled together cessed. Details of the affiliation list 150 are provided below. by data links having various communication speeds. The Internet 134 also includes an Internet controller 152 Although the Internet 134 may use a variety of different 30 which communicates with a user computer 154 via a netcommunication protocols, a well-known communication work link 156. The communication between the user comprotocol used by the Internet is a Transmission Control puter 154 and the Internet 134 is a conventional communiProtocol/Internet Protocol (TCP/IP). The transmission of cation link used by millions of computers throughout the world. For example, the user computer 154 may be a data on the Internet 134 using the TCP/IP is known to those skilled in the art and need not be described in greater detail 35 personal computer (PC) containing a communication herein. interface, such as a modem (not shown). The network link 156 may be a simple telephone communication link using The central office switch 116 utilizes conventional telethe modem to communicate with the Internet 134. The phone communication protocols, which may be different Internet controller 152 functions in a conventional manner to from the TCpIIp communication protocols used by the Internet 134. The system 100 includes a communication 40 communicate with the user computer 154 via the network link 156. Although the communication link 132 and the interface 136 to translate data between the two communication protocols. The communication interface 136 includes network link 156 are both communication links to the Internet, the network link 156 is a conventional computer a telephone interface portion 138 and an Internet interface connection established over a telephone line, a network portion 140. The telephone interface portion 138 is coupled to the central office switch 116 via the communication link 45 connection, such as an Ethernet link, or the like. This conventional network link 156 is significantly different from 132 such that communications occurring on the communithe communication link 132 between the central office cation link 132 utilize the telephone communication protoswitch 116 and the Internet 134. The central office switch col. The Internet interface portion 140 communicates via the 116 establishes the communication link 132 to access data Internet using conventional communication protocols, such so on the Internet and uses that accessed data to determine how as TCP/IP. me communication interface 136 may be implemented to process an incoming call for the destination telephone 104. The network link 156 is a computer-to-computer conon a computing that functions as a server, ~h~ nection that may simply use a telephone as the physical layer conventional components of the computing platform, such to establish the network link. as a CPU, memory, and the like are known to those skilled In the system 100, the central office switch 116 receives in the art and need not be described in greater detail herein. ss an incoming call from the originating telephone 102 via the The telephone interface portion 138 may comprise an Intecentral office switch 106 and, optionally, the LDC 124. grated Services Digital Network (ISDN) Primary Rate InterRather than immediately establishing the communication face (PRI) to communicate with the central office switch link 120 and generating a ring signal at the destination 116. The ISDN PRI, which may be implemented on a plug-in computer card, provides information to the tele- 60 telephone 104, the central office switch 116 establishes the phone interface portion 138, such as automatic number communication link 132 and communicates with the Internet identification ( M I ) , dialed number identification service 134 via the communication interface 136. The purpose of (DNIS), and the like. As is known, AN1 provides the such communication is to access the affiliation list 150 and thereby determine the manner in which the user of the telephone number of the caller's telephone (e.g., the originating telephone 102) while the DNIS allows the number the 6s destination telephone 104 wishes calls to be processed. caller dialed (e.g., the destination telephone 104) to be FIG. 3 illustrates the system 100 for a telephone system forwarded to a computer system. These data may be conconfiguration in which the originating telephone 102 and the

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destination telephone 104 are both serviced by the same are currently active on the Internet 134. In conventional local exchange carrier 108. The originating telephone 102 Internet operation, the Internet controller 152 sends a mesestablishes the communication link 110 with the central sage to the user computer 154 indicating which Internet office switch 106 in the manner described above. The central subscribers on the forward list 160 are currently active on office switch 106 establishes the communication link 126 5 the ~ ~134, t ~ ~ ~ ~ t directly with the central office switch 116 without the need The forward list 160 is a list of Internet subscribers whose for the LDC 124 (see FIG. 2). The central office switch 116 activity is reported to the user. Other Internet subscribers operates in the manner described above, That is, the central may have their Own forward list (not shown) and may switch 116 does not immediately establish the cornmonitor the Internet activity of the user. When the user munication link 120, but does establish the communication link 132 with the Internet 134, For the sake of simplicity, 10 accesses the Internet 134 with the user computer 154, that can be With the system loo, it FIG, 3 does not illustrate the communication interface 136, is possible to determine who is monitoring the user's InterHowever, those skilled in the art will appreciate that the net activity. The reverse list 162 contains a list of Internet central office switch 116 accesses the affiliation list 150 via subscribers who have placed the user in their forward list. the communication interface 136 (see FIG. 2). 15 That is, the reverse list 162 contains a list of Internet For the sake of simplicity, FIG. 3 also does not show the subscribers who have placed the user in their buddy list. Internet controller 152 and the user computer 154. However, With the reverse list 162, the user can determine who is those skilled in the art can appreciate that those portions of monitoring his Internet activity. the system may also be present in the embodiment illustrated in FIG, 3, H ~ it should be noted that the user ~ ~ ~ ~ ~ The block list 164 contains a list of Internet subscribers , computer 154 and the I~~~~~~~ controller 152 need only be 20 that the user does not want to monitor his Internet activity. That is, the user's Internet activity will not be provided to used to edit the list 150, ~h~ call processing by the any Internet subscriber contained in the block list 164. Thus, central switch 116 does not depend on the presence of even if a particular Internet subscriber has placed the On the Internet controller 152 or the user computer 154. That is, their forward list, the presence of that particular Internet the central switch 116 accesses the list 150 via the commun~cat~on interface 136 regardless of the pres- 25 subscriber's name on the block list 164 will prevent the user's Internet activity from being reported to the particular ence of the user computer 154. Internet subscriber. The use of the block list 164 provides In yet another telephone system configuration, illustrated certain security assurances to the user that their Internet in FIG, 4, the originating telephone 102 and the destination telephone 104 are not only serviced by the same local 30 activity is not being monitored by any undesirable Internet Subscribers. exchange carrier 108, but are connected to the same central allow list 166 contains a list of Internet subscribers switch 116, H ~ the fundamental operation of ~ The ~ ~ ~ ~ , for whom the user may wish to communicate with but whose the system 100 remains identical to that described above Internet activity the user does not wish to monitor. with respect to accessing the affiliation list 150. That is, the The system 100 combines the capabilities of the affiliation originating telephone 102 establishes the communication 35 list 150 with telephone switching technology to filter incomlink 110 with the central office switch 116. However, the ing calls to the destination telephone 104. For example, the central office switch 106 need not establish the communiuser may specify that only calls from Internet subscribers cation link 126 with any other central office switch since the contained in the forward list 154 may contact the user via the destination telephone 104 is also connected to that same 40 destination telephone 104. Alternatively, the user may central office switch. specify that a calling Party whose name is contained in the In this telephone system configuration, the central office forward list 160 or the allow list ~ may place a call to the 166 t switch 116 accesses the list 150 on the ~ ~ t ~ ~ ~ destination telephone 104. As will be discussed in greater 134 via the communication link 132 (see FIG, 2) in the detail below, the system 100 allows the user to create general manner described above, F~~the sake of simplicity, FIG, 4 does not illustrate the communication interface 136, 45 conditional processing, such as blocking calls or allowing H ~ those ~ in the art~will recognize that the , calls. However, the user can also create specific conditional ~ ~ ~ processing for individual callers or based on the user's communication interface 136 operates to convert cornmucurrent status or preferences. nication signals between telephone protocol used by the The central office switch 116 accesses the affiliation list central office switch 106 and the Internet communication protocol used by the Internet 134. In addition, FIG. 4 also so 150 via the communication link 132 and determines whether does not illustrate the Internet controller 152 and the user the calling party is in a list (e.g., the forward list 160) that the user wishes to communicate with. If the calling party is computer 154. As noted above with respect to FIG. 3, the contained within an "approved" list, the central office switch Internet controller 152 and user computer 154 are not 116 establishes the communication link 120 and sends a ring necessary for proper operation of the system 100. The user computer 154 is typically used in the system 100 to edit the 5s signal to the destination telephone 104. Thus, the user can pick up the telephone with the knowledge that the calling affiliation list 150. party is an individual with whom the user wishes to comThe list 150 is illustrated in greater detail in the municate. functional block diagram of FIG. 5. The affiliation list Conversely, if the calling party is not contained within an comprises a series of sublists, illustrated in FIG. 3 as a forward list 160, a reverse list 162, a block list 164, and an 60 approved list, such as the forward list 160 or the allow list 166, the central office switch 116 will not establish the allow list 166. The forward list 160 contains a list of Internet subscribers whose Internet activity a user wishes to monitor. communication link 120 with the destination telephone 104. This list is sometimes referred to as a "buddy" list. When the Thus, the user will not be bothered by undesirable phone calls. In one embodiment, the central switch office simply user operates the user computer 154 on the Internet 134, the Internet controller 152 accesses the forward list 160 via an 65 will not establish the communication link 120 and the calling party will recognize that the call did not go through. affiliation list inputloutput (110) interface 170 to determine which Internet subscribers contained within the forward list Alternatively, the central office switch 116 may generate a

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signal indicating that the destination telephone 104 is busy. utilizing an alias rather than their actual Internet subscriber In this alternative embodiment, the calling party will receive name. The data of FIG. 6 illustrates one possible embodia busy signal on the originating telephone 102. Thus, the ment for the allow list 166. However, those skilled in the art user has the ability to filter incoming calls by creating a list can appreciate that the allow list 166 may typically be a part of those individuals with whom the user wishes to commu- 5 of a large database (not shown). Database operation is well nicate. known in the art, and need not be described in greater detail herein. The database or other form of the forward list 160 It should be noted that the affiliation list 150 may be may be satisfactorily implemented using any known data dynamically altered by the user to add or delete individuals, structure for storage of data. For example, the various lists change individuals from one list to another, or to change the call processing options for a particular list depending on the lo (e.g., the allow list 166, the reverse list 162, the block list user's preferences. For example, the user may want to accept 164 and the allow list 166) may all be integrated within a all calls from any source at certain times of the day, under single database structure. The present invention is not limthese circumstances, the user can edit the allow list 166 to ited by the specific structure of the affiliation list 150 nor by the form Or format of data contained therein. accept calls from any calling party. Alternatively, the user Rather than incoming call filtering on the basis of Presmay still maintain the block list 164 such that calls will not be processed from certain specified parties even if the user lS ence in a particular list, such as the allow list 166, as illustrated in FIG. 6, the affiliation list 150 may contain is willing to accept calls from any other source, Under other status data on an individual basis. In this event, the central circumstances, the user may not wish to communicate with office switch 116 (see FIG. 2) processes the incoming call in any individuals. In this instance, the user may indicate that accordance with the designated status for that individual, In all calling parties are on the block list 164. Thus, the central 20 the example illustrated in FIG, 7, the affiliation list 150 office switch 116 will access the Internet 134 in real-time contains one individual with an status, one indiand review data in the affiliation list 150 to thereby process vidual with a "blocked" status, and one individual with a incoming calls for the user in accordance with the rules uconditionay status based on user-selected criteria, the present in the affiliation list. example of FIG. 7, the user-selected criteria may be based The discussion above provides examples of the central 25 on the particular phone from which the call is originating as office switch 116 processing calls from a calling party in well as the time of day in which the call is originated. For accordance with their presence or absence of certain lists in example, the user may wish to allow all calls from a the affiliation list 150. For example, a call from a party on particular number, such as an caller's work number. the forward list 160 will be connected to the destination However, calls from another number, such as the caller's telephone 104 (see FIG. 2) while a call from a party on the 30 home phone, may be blocked. Other calls, such as from a block list 164 will not be put through to the destination caller's cellular telephone, may be allowed only at certain times of day. FIG. 7 is intended to illustrate some of the call telephone. However, the system 100 also allows the selection of call processing options on an individual basis rather processing options that are available to the user. As can be than simply on the presence or absence in a particular list. appreciated, a variety of different conditional status criteria For example, the user can edit the allow list 166 to specify 35 may be applied to one or more potential calling parties. that certain individuals are "allowed" while other individuHowever, a common feature of the system 100 is that the als may be allowed, conditionally allowed, or blocked all telecommunication system (e.g., the central office switch 116) determines calling party status on the basis of infortogether. If the individual calling party has an associated status indicating that they are allowed, the central office mation stored on the Internet and processes the incoming switch 116 will process the incoming call and connect it to 40 call in accordance with the user-specified criteria. Moreover, the destination telephone 104. If the individual calling party the system 100 operates in real-time to process the incoming has an associated blocked status, the central office switch call in accordance with the user-specified criteria. 116 will not process the call and will not connect it to the ~ h~ , ~134 may be conveniently used as a ~ t ~ ~ ~ storage t destination telephone 104. area for the caller specified criteria. The advantage of such Furthermore, the user may attach conditional status to 4 s data storage on the Internet is that the data is widely individual callers or to calling lists. Conditional status may accessible to the user. This provides a convenient me&be based on factors, such as the time of day, current nism for entering new caller data or editing existing caller availability of the user, work status, or the like. For example, data. The user can access the affiliation list 150 with the user the user may accept calls from certain work parties during computer 154 via the network link 156. In contrast, the specified periods of the day (e.g., 9:00 a.m.-ll:00 a.m.), so central office switch 116 may access the affiliation list 150 block calls from selected calling parties during other periods via the communication link 132, which may typically be a of time (e.g., 12:00-1:00 p.m.), or allow calls during a high-speed communication link. In addition, FIGS. 2,4, and business meeting only from certain calling parties (e.g., the 5 illustrate the central office switch 116 as the telecommuboss). These conditional status criteria may be applied to nication component that accesses the Internet 134. It is individuals or to one or more lists in the affiliation list 150. 5 s convenient for operational efficiency to have the central FIG. 6 illustrates sample data entries in the allow list 166. office switch (e.g., the central office switch 116) to which the destination telephone 104 is connected perform such InterThe allow list 166 may include data, such as a name, Internet subscriber name, and one or more phone numbers associated net access. It is at this stage of the telephone call processing with the individual data entry. It should be noted that the that the telecommunication system may most conveniently calling party need not have an Internet subscriber name for 60 determine the user-specified caller status. However, those skilled in the art will recognize that the status check may be proper operation of the system 100. That is, the central office performed by other portions of the telecommunication switch 116 accesses the allow list 166 utilizing the calling system, such as the central office switch 106, the LDC 124, party number and need not rely on any email addresses or other Internet subscriber identification for proper operation. or the like. Thus, the present invention is not limited by the The allow list 166 may also include an email alias in 65 particular telecommunicationcomponent that establishes the addition to or in place of the Internet subscriber name. Some communication link with a network which the user-specified Internet subscribers prefer to "chat" with other subscribers caller status data is stored.

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In addition, the system 100 can be readily implemented as an "add-on" component of the telecommunication system and need not be integrated with the central office switch 116. For example, the conventional central office switch provides the ability to divert calls based on certain call conditions, such as "Call Forward No Answer," which may be used to divert an incoming call to voicemail or "Call Forward Busy," which may also divert the incoming call to voicemail. To implement the system 100 with an add-on processor, the system may optionally include a Switch to Computer Applications Interface (SCAI) 174 and a call filtering processor 176. The dashed lines of FIG. 4 are intended to illustrate an alternative configuration of the system 100. This alternative configuration can also be implemented with other telephone system configurations, such as illustrated in FIGS. 2 and 3. The SCAI 174 is a telecommunication protocol that allows switches to communicate with external computers. Data, such as caller and callee telephone numbers, and status information, such as Call Forward Busy, are provided to the SCAI 174 by the central office switch 116. The call filtering processor 176 performs the functions described above to process the call in accordance with the user-specified criteria. That is, the call filtering processor 176 receives caller and callee data from the SCAI 174 and accesses the affiliation list 150 via the communication interface 136 (see FIG. 2). The call filtering processor 176 uses user-specified call processing criteria to generate instructions for the central office switch 116. The instructions are provided to the central office switch 116 via the SCAI 174. Those skilled in the art will appreciate that the SCAI 174 is but one example of the Open Application Interface (OAI) that can be used with the central office switch 116. As noted above, the system 100 can process a call intended for the destination telephone 104, block a call, or generate a busy signal at the originating telephone 102. However, the system 100 also operates with voicemail and permits a number of different customized outgoing messages. FIG. 4 illustrates a voicemail system 180 having a storage area containing one or more outgoing messages 182. For example, the voicemail system 180 can play an outgoing message 182 informing the caller that "the party you are calling only accepts calls from designated callers. Please leave a message." If calls are blocked only at certain times, the outgoing message 182 can say "the party you are calling does not accept calls between 11:30 a.m. and 1:00 p.m. Please leave a message or call back after 1:00 p.m." The outgoing message can also reflect callee availability by playing a message such as ''The party you are calling is in a meeting. Please leave a message or call back in X minutes" where X reflects the amount of time before the meeting is expected to end. That information can be manually provided to the affiliation list 150 by the user or automatically derived from a computerized scheduling program on, by way of example, the user computer 154 (see FIG. 2). Computerized scheduling programs, such as Microsoft@ Schedule Plus, can be used on the user computer 154 (see FIG. 2). It is known that such scheduling programs can be accessed via a computer network or downloaded to a handheld computing device to track appointments. The system 100 can access such computerized scheduling programs and download appointments and scheduled meetings into the affiliation list 150. The outgoing messages 182 can be automatically selected on the basis of the user's computerized schedule. Thus, the system 100 permits the user to schedule his day (e.g., meetings, lunch time, in office1

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available for calls, in officelunavailable for calls, etc.) on a computerized scheduling program and to process calls in accordance with the computerized schedule and even select outgoing messages automatically based on the user's schedule. The operation of the system 100 is illustrated in the flowchart of FIG. 7. At a start 200, the calling party has placed a call from the originating telephone 102 (see FIG. 2) to the destination telephone 104. In step 202, the central office switch 116 has received call data from the originating telephone 102. The received call data includes the destination telephone number of the destination telephone 104 and identification data indicating the originating telephone 102 as the source of the present call. Use of automatic number identification (ANI) is a well-known technique for providing identification data indicating the originating telephone 102 as the source of the present call. While the specific implementation of AN1 data, sometimes referred to as caller ID, may not be uniformly implemented throughout the United States, the AN1 data is typically delivered between the first and second rings. In the present invention, the central office switch 116 (see FIG. 2) does not initiate a ring signal to the destination telephone 104 until after determining the status of the calling party based on the ANI. In future implementations, telecommunication companies may transmit other forms of caller identification, such as caller name, Internet address, email alias, or the like. The system 100 operates satisfactorily with any form of caller identification. The only requirement for the system 100 is that some form of caller identification be provided. The call is processed in accordance with the user-specified criteria in the affiliation list 150 for the identified caller. In step 204, the central office switch 116 (see FIG. 2) establishes the communication link 132 with the Internet 134.Although step 204 illustrates the system 100 as actively establishing the communication link 132 with the Internet 134, those skilled in the art will recognize that the system 100 can utilize a continuous high-speed data link between the central office switch and the Internet. Thus, it is not necessary to establish a network link for each and every incoming call processed by the central ofice switch 116. As previously described, the communication interface 136 translates data between the telephone protocol and the Internet protocol. In step 206, the system 100 accesses the affiliation list 150 for the user (i.e., the called party). In an exemplary embodiment, the telephone number of the destination telephone 104 or other callee identification is used as an index or pointer to a specific location within the database where the affiliation list 150 for the particular user may be found. Database operation in general, and techniques for locating specific items within a database in particular are known to those skilled in the art and need not be described herein. In decision 210, the system 100 determines whether the caller identification data is on the forward list 160 (see FIG. 3). If the caller identification data is present in the forward list, the result of the decision 210 is YES. In that event, the system 100 proceeds to FIG. 7B where the call is processed in accordance with the rules associated with the forward list 160. If the caller identification data is not present in the forward list 160 (see FIG. 3), the result of decision 210 is NO. In that event, the system 100 moves to decision 212 to determine whether the caller identification data is in the allow list 166. If the caller identification data is present in the allow list 166, the result of decision 214 is YES. In that event, the system 100 proceeds to decision 216 where the

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uses, by way of example, the Internet 134 to store the call is processed in accordance with the rules associated with affiliation list 150. However, the system 100 can be implethe allow list 166. If the caller identification data is not mented with other computer networks or as a portion of a present in the allow list 166, the result of decision 216 is NO. telephone switch, such as the central office switch 116. The In decision 218, the system 100 determines whether the caller identification data is present in the reverse list 162. If 5 telephone service provider can provide a customer with an affiliation list and some means to control the list as a the caller identification data is present in the reverse list 162, value-added telephone service. The central office switch 116 the system 100 proceeds to the step 220 where the call is accesses the internal affiliation list and processes the incomprocessed in accordance with the rules associated with the ing calls in accordance with the user-specified criteria conreverse list 162. If the caller identification data is not present in the reverse list, the result of decision 218 is NO. In that lo tained therein. Accordingly, the invention is not limited except as by the appended claims. event, the system moves to decision 216 to determine What is claimed is: whether the caller is present on the block list 164. If the 1. In an environment where subscribers call a user over a caller is present on the block list 164, the result of decision telephone network, wherein a user telephone is coupled with 222 is YES. In that event, the system proceeds to step 224 the telephone network, a system for processing an incoming where the call i5 processed in accordance with the rules call from a subscriber to a user in the telephone network associated with the block list. If the caller identification data according to user specifications, the system comprising: is not present in the block list 164, the result of decision 222 is NO. This indicates that the caller identification data is not a data structure contained within a computer network to present in any of the user-specified lists in the affiliation list store user-selectable criteria for call processing, 150. In that event, the system moves to step 226 where the 20 wherein the data structure stores the user-selectable call may be processed in accordance with user-specified criteria in one or more lists that are used in filtering an rules of processing anonymous or unidentified calls. The incoming call and wherein some of the one or more lists flowchart of FIG. 8 illustrates the operation of the system are used to filter the incoming call according to current 100 with multiple lists wherein the call processing rules are activity of subscribers on the computer network or designated for each list. In this embodiment, the call is 25 according to current activity of the user on the comprocessed on the basis of the presence or absence of the puter network; caller identification data in a particular list. However, as a computer network access port used by the telephone previously discussed, the affiliation list 150 (see FIG. 6B) network to access the data structure such that the may include user-specified status criteria for individual telephone network has