Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-4, 6-8, 10-15, is/are rejected under 35 U.S.C. 103 as being unpatentable over Mercredi et al. (U.S. Pub No. 2018/0160074 A1) in view of Shmilov et al. (U.S. PG Pub No. 2015/0163295 A1)
1, Mercredi teaches a method for establishing a target multimedia call [par 0015, present disclosure provide a communication system that allows users to engage in video calls with each other. In particular, one or more embodiments provide a communication system for seamlessly transitioning a phone call over a telephone network (e.g., public switched telephone network) to a video call (e.g., over a data network, such as the Internet)],
comprising: determining that a first terminal device associated with a user is engaged in an existing multimedia call comprising a video call over a data network
based on information of the existing multimedia call [par 0015, 0039, To transition the phone call to a video call, in some embodiments the communication system obtains user identification information and device identification information to determine who is participating in the phone call and which client devices are being used for the phone call. If a user account is associated with a plurality of client devices, the electronic communication system 109 determines whether each client device from the plurality of client devices is involved in a phone call. For example, a user account may be associated with a smartphone and a tablet owned by a user],
wherein the information of the existing multimedia call comprises identification information of the first terminal device in association with call status information of the first terminal device [par 0015, 0060, To transition the phone call to a video call, in some embodiments the communication system obtains user identification information and device identification information to determine who is participating in the phone call and which client devices are being used for the phone call. During a phone call, the call interface 304a can include information related to the phone call. For example, the call interface 304a can display an identifier 306 for the second user involved in the phone call. To illustrate, the call interface 304a can display a name, number, or user profile picture of the second user while the phone call is ongoing. The call interface 304a can also include a current status 308 of the phone call (e.g., call duration or connection status)];
Mercredi fail to show determining whether a second terminal device associated with the same user of the first terminal device is engaged in any multimedia call based on terminal identification information of the second terminal device in response to a trigger to establish the target multimedia call with the same user who is in the existing multimedia call through the first terminal device, wherein the user logs in a target application on both the first terminal device and the second terminal device; wherein the target multimedia call to be established is a separate call from the existing multimedia call establishing the target multimedia call based on an answering operation performed by a called party of the target multimedia call in response to determining that the second terminal device is not engaged in any multimedia call, wherein the existing multimedia call is conducted through the first terminal device and the established target multimedia call is conducted through the second terminal device; and simultaneously conducting the target multimedia call by the second terminal device and conducting the exiting multimedia call by while the first terminal device.
In an analogous art Shmilov show determining whether a second terminal device associated with the same user of the first terminal device is engaged in any multimedia call based on terminal identification information of the second terminal device in response to a trigger to establish the target multimedia call with the same user who is in the existing multimedia call through the first terminal device[par 0019, 0071, there is provided a method of pulling an ongoing VVoIP call from a first currently participating communication device to a second non-active communication device sharing the same account ID, comprising: discovering by said second device current active calls in said account ID; sending a request to a signaling service to pull a call from a first active device in one of said active calls. Requesting the signaling service to forward a request to provide information regarding active calls to all other devices (step 410), whereby a device with an active call will reply with details of the call (step 420). In both these implementations the pulling device must request information regarding which calls are currently active. This request would most likely be triggered by a user operation];
wherein the user logs in a target application on both the first terminal device and the second terminal device [par 0072, Discovering proximate devices via P2P network--e.g. using services such as AllJoyn, Apple's Bonjour etc. In this case, upon discovery of another device, the inactive device will check if the discovered device belongs to the same account, For example by broadcasting a request to report account-ID by all devices and then performing an authentication using e.g. the user's password and established security protocols e.g. challenge/response];
wherein the target multimedia call to be established is a separate call from the existing multimedia call[par 0071, Sending a message through the service--either asking the signaling service of any active calls for the current account ID (step 430), whereby the signaling service will respond with a list of all active calls (step 440) or requesting the signaling service to forward a request to provide information regarding active calls to all other devices (step 410), whereby a device with an active call will reply with details of the call (step 420). In both these implementations the pulling device must request information regarding which calls are currently active],
establishing the target multimedia call based on an answering operation performed by a called party of the target multimedia call in response to determining that the second terminal device is not engaged in any multimedia call, wherein the existing multimedia call is conducted through the first terminal device and the established target multimedia call is conducted through the second terminal device [par 0019, a method of pulling an ongoing VVoIP call from a first currently participating communication device to a second non-active communication device sharing the same account ID, comprising: discovering by said second device current active calls in said account ID; sending a request to a signaling service to pull a call from a first active device in one of said active calls; sending by a signaling service a `transfer call` message to said first device and to said second device; if the call is not a P2P call, sending by said second device a `connect` message to a relay server, said message comprising authentication information; sending by the signaling service a "call transferred" message to the first communication device; and continuing said ongoing call with said second communication device replacing said first communication device],
and simultaneously conducting the target multimedia call by the second terminal device and conducting the exiting multimedia call by the first terminal device [par 0073-0075, Active device (or service) may constantly report call-state changes to all other devices sharing the same account ID. This way, all the devices "know" what calls are currently in progress and what device those calls are running on. In all cases requiring selection of a call, the pulling device has a list of active calls--with at least the ID of the active device (the call-token may also suffice, assuming the service knows what calls are currently active)].
Before the effective filing date it would have been obvious to one of ordinary skill in the art to combine the teachings of Mercredi and Shmilov because a session started on a user's computer may be continued on the user's smartphone if the user wishes to leave her home/office. [Shmilov, par 0009].
2, Mercredi and Shmilov discloses the method according to claim 1, Mercredi fail to show wherein the first terminal device keeps being in the multimedia call, in response to that the second terminal device establishes the target multimedia call
In an analogous art Shmilov show wherein the first terminal device keeps being in the multimedia call, in response to that the second terminal device establishes the target multimedia call[par 0073-0075, Active device (or service) may constantly report call-state changes to all other devices sharing the same account ID. This way, all the devices "know" what calls are currently in progress and what device those calls are running on. In all cases requiring selection of a call, the pulling device has a list of active calls--with at least the ID of the active device (the call-token may also suffice, assuming the service knows what calls are currently active)].
Before the effective filing date it would have been obvious to one of ordinary skill in the art to combine the teachings of Mercredi and Shmilov because a session started on a user's computer may be continued on the user's smartphone if the user wishes to leave her home/office. [Shmilov, par 0009].
3, Mercredi and Shmilov defines the method according to claim 2, Mercredi fail to show wherein the user is an initiator of the target multimedia call; and the establishing the target multimedia call based on an answering operation performed by a called party of the target multimedia call comprises: sending an establishing request for the target multimedia call to a called party of the target multimedia call; wherein a terminal device used by the called party of the target multimedia call logged in the target application displays
In an analogous art Shmilov show wherein the user is an initiator of the target multimedia call; and the establishing the target multimedia call based on an answering operation performed by a called party of the target multimedia call comprises: sending an establishing request for the target multimedia call to a called party of the target multimedia call [par 0047, 0049, If a device active in a call is brought close to another device, the proximity may be a signal that a transfer is requested. The devices may exchange information via NFC whereby the call transfer may be done directly between the two devices. In step 330, a VVoIP call has been established between the initiator (account ID YYY) and one of the multiple devices sharing account ID XXX, i.e. the active device (e.g. 220). The session may be carried out via the relay service or as a P2P session via a direct channel];
wherein a terminal device used by the called party of the target multimedia call logged in the target application displays [par 0062, the client application may display to the user a list of devices in close proximity, from which he may select a specific device to which the call is to be transferred, using for example technologies such as Apple Bonjour, Qualcomm's AllJoyn and others].
Before the effective filing date it would have been obvious to one of ordinary skill in the art to combine the teachings of Mercredi and Shmilov because a session started on a user's computer may be continued on the user's smartphone if the user wishes to leave her home/office. [Shmilov, par 0009].
Mercredi show in response to the establishing request, prompt information indicating that the user initiates the target multimedia call to the called party [par 0070, When the first user selects the option 312b to transition to a video call, the first client device 300a can display a notification associated with the request to transition to a video call. Specifically, FIG. 3C illustrates that a notification 314 in the call interface 304a that indicates that the first client device 300a is requesting permission from the second user to transition to the video call. In one or more embodiments, the first client device 300a sends a request to the second client device 300b via the electronic communication system in connection with the notification on the first client device);
and establishing the target multimedia call in response to an answering operation performed by the called party on the prompt information [par 0073-0075, the electronic communication system can establish a one-way video call if only one of the users selects the option to transition to a video call and the other user accepts, but does not also select an option to transition to a video call from his/her end. The electronic communication system can alternatively provide additional options to the users to allow the users to customize the video call in a variety of ways. For example, the communication system can provide flexibility in establishing different types of media communications between the users by providing additional customization options with the option to transition to a video call. after the electronic communication system determines that one or both users have selected to transition the phone call to a video call, the client devices 300a, 300b can end the phone call and begin a video call].
4, Mercredi and Shmilov creates the method according to claim 2, wherein the user is the called party of the target multimedia call; and the establishing the target multimedia call based on an answering operation performed by a called party the target multimedia call comprises: displaying prompt information indicating that an initiator of the target multimedia call initiates the target multimedia call to the user [Mercredi par 0070, 0071, When the first user selects the option 312b to transition to a video call, the first client device 300a can display a notification associated with the request to transition to a video call. Specifically, FIG. 3C illustrates that a notification 314 in the call interface 304a that indicates that the first client device 300a is requesting permission from the second user to transition to the video call. In one or more embodiments, the first client device 300a sends a request to the second client device 300b via the electronic communication system in connection with the notification on the first client device. As illustrate in FIG. 3D, when the first client device 300a requests to transition to the video call, the second client device 300b can receive and display a notification 316 that the first user wants to transition to a video call. Additionally, the notification can include options 318a, 318b that the second user can select to accept or decline the request to transition to a video call],
and establishing the target multimedia call in response to an answering operation performed by the user on the prompt information [par 0072, 0073, if both users select the option, the electronic communication system can automatically begin the transition to a video call. In at least some embodiments, the electronic communication system can establish a one-way video call if only one of the users selects the option to transition to a video call and the other user accepts, but does not also select an option to transition to a video call from his/her end].
6. Mercredi and Shmilov discloses the method according to claim 1, wherein the target multimedia Call is in a one-on-one calling mode or a one-to-multiple calling mode [Mercredi, par 0073, the electronic communication system can establish a one-way video call if only one of the users selects the option to transition to a video call and the other user accepts, but does not also select an option to transition to a video call from his/her end. The electronic communication system can alternatively provide additional options to the users to allow the users to customize the video call in a variety of ways. For example, the communication system can provide flexibility in establishing different types of media communications between the users by providing additional customization options with the option to transition to a video call. To illustrate, the communication system can allow the users to establish a two-way video call, a one-way video call, a one-way video call with two-way audio, etc., depending on whether both users select an option to transition to a video call and/or based on the selection of one or more additional options].
7. Mercredi and Shmilov discloses the method according to claim 1, wherein the method determining whether multimedia call information of multimedia calls in which the user participates comprises the terminal identification information of the second terminal device, wherein in the multimedia call information, terminal identification information of terminal devices by which the user participates in the multimedia calls is stored in association with call status information [abstract; Specifically, one or more embodiments allow users to transition from an active phone call over a telephone network to a video call. One or more embodiments determine a first user identifier for a first user and a second user identifier for a second user. Additionally, the systems and methods identify user client devices actively performing the phone call based on the user identifiers and provide an option to the identified client devices to switch the phone call to the video call];
and determining, in response to that the multimedia call information comprises the identification information of the second terminal, whether the second terminal is in a multimedia call according to the call status information stored in association with the identification information of the second term terminal device in al in the multimedia call information [par 0037, 0039, For example, the electronic communication system 109 can identify the user account of the first user and then obtain the second user's identity from the first client device 106a. For example, the first client device 106a can look up the user's identity based on information stored at the first client device 106a. For example, a user account may be associated with a smartphone and a tablet owned by a user. To associate a client device with a user account, a user may log into the user account on the client device such that the client device (e.g., a device identifier) is stored with the user account. When the electronic communication system 109 attempts to identify the client devices associated with the user account, the electronic communication system 109 send a pre-flight message to each of the client devices].
8, Mercredi and Shmilov provides the method according to claim 7, wherein a call status indicated by the call status information comprises any one of: a status of being in a multimedia call, a status of quitting from a multimedia call, a status of receiving a multimedia call initiated by another user, and a status of initiating a multimedia call to another user [Mercredi par 0060, To illustrate, the call interface 304a can display a name, number, or user profile picture of the second user while the phone call is ongoing. The call interface 304a can also include a current status 308 of the phone call (e.g., call duration or connection status)].
10. Mercredi and Shmilov provide the method according to claim 7, Mercredi fail to show wherein the multimedia call information is received from a server; and the method further comprises: sending, by the server, the multimedia call information to each terminal device used by the user logged in the target application
In an analogous art Shmilov show wherein the multimedia call information is received from a server; and the method further comprises: sending, by the server, the multimedia call information to each terminal device used by the user logged in the target application [par 0029, receiving by said second communication device the call data from said first communication device; sending by said second communication device a `connect` message to a relay server, said message comprising authentication data of said second communication device; sending by the relay server a `call transferred` message to the first communication device; and continuing said ongoing call with said second communication device replacing said first communication device].
Before the effective filing date it would have been obvious to one of ordinary skill in the art to combine the teachings of Mercredi and Shmilov because a session started on a user's computer may be continued on the user's smartphone if the user wishes to leave her home/office. [Shmilov, par 0009].
11. Mercredi creates an apparatus for establishing a multimedia call, comprising: at least one processor; and at least one memory communicatively coupled to the at least one processor and storing instructions that upon execution by the at least one processor [par 0110, Embodiments within the scope of the present disclosure also include physical and other computer-readable media for carrying or storing computer- executable instructions and/or data structures. In particular, one or more of the processes described herein may be implemented at least in part as instructions embodied in a non-transitory computer-readable medium and executable by one or more computing devices (e.g., any of the media content access devices described herein). In general, a processor (e.g., a microprocessor) receives instructions, from a non-transitory computer-readable medium, (e€.g., amemory, etc.), and executes those instructions]
cause the apparatus to: determine that a first terminal device associated with a user is engaged in an existing multimedia call comprising a video call over a data network based on information of the existing multimedia call[par 0015, 0039, To transition the phone call to a video call, in some embodiments the communication system obtains user identification information and device identification information to determine who is participating in the phone call and which client devices are being used for the phone call. If a user account is associated with a plurality of client devices, the electronic communication system 109 determines whether each client device from the plurality of client devices is involved in a phone call. For example, a user account may be associated with a smartphone and a tablet owned by a user],
wherein the information of the existing multimedia call comprises identification information of the first terminal device in association with call status information of the
first terminal device [par 0015, 0060, To transition the phone call to a video call, in some embodiments the communication system obtains user identification information and device identification information to determine who is participating in the phone call and which client devices are being used for the phone call. During a phone call, the call interface 304a can include information related to the phone call. For example, the call interface 304a can display an identifier 306 for the second user involved in the phone call. To illustrate, the call interface 304a can display a name, number, or user profile picture of the second user while the phone call is ongoing. The call interface 304a can also include a current status 308 of the phone call (e.g., call duration or connection status)];
Mercredi fail to show determine whether a second terminal device associated with the same user of the first terminal device is engaged in any multimedia call based on identification information of the second terminal device in response to a trigger to establish the target multimedia call with the same user who is in the existing multimedia call through the first terminal device; wherein the user logs in a target application on both the first terminal device and the second terminal device, and wherein the target multimedia call to be established is a separate call from the existing multimedia call; establish the target multimedia call based on an answering operation performed by a called party of the target multimedia call in response to determining that the second terminal device is not engaged in any multimedia call, wherein the existing multimedia call is conducted through the first terminal device and the established target multimedia call is conducted through the second terminal device; and
simultaneously conduct the target multimedia call by the second terminal device and conduct the exiting multimedia call by the first terminal device.
In an analogous art Shmilov show determine whether a second terminal device associated with the same user of the first terminal device is engaged in any multimedia call based on identification information of the second terminal device in response to a trigger to establish the target multimedia call with the same user who is in the existing multimedia call through the first terminal device[par 0019, 0071, there is provided a method of pulling an ongoing VVoIP call from a first currently participating communication device to a second non-active communication device sharing the same account ID, comprising: discovering by said second device current active calls in said account ID; sending a request to a signaling service to pull a call from a first active device in one of said active calls. Requesting the signaling service to forward a request to provide information regarding active calls to all other devices (step 410), whereby a device with an active call will reply with details of the call (step 420). In both these implementations the pulling device must request information regarding which calls are currently active. This request would most likely be triggered by a user operation];
wherein the user logs in a target application on both the first terminal device and the second terminal device[par 0072, Discovering proximate devices via P2P network--e.g. using services such as AllJoyn, Apple's Bonjour etc. In this case, upon discovery of another device, the inactive device will check if the discovered device belongs to the same account, For example by broadcasting a request to report account-ID by all devices and then performing an authentication using e.g. the user's password and established security protocols e.g. challenge/response];
and wherein the target multimedia call to be established is a separate call from the existing multimedia call[par 0071, Sending a message through the service--either asking the signaling service of any active calls for the current account ID (step 430), whereby the signaling service will respond with a list of all active calls (step 440) or requesting the signaling service to forward a request to provide information regarding active calls to all other devices (step 410), whereby a device with an active call will reply with details of the call (step 420). In both these implementations the pulling device must request information regarding which calls are currently active];
establish the target multimedia call based on an answering operation performed by a called party of the target multimedia call in response to determining that the second terminal device is not engaged in any multimedia call, wherein the existing multimedia call is conducted through the first terminal device and the established target multimedia call is conducted through the second terminal device[par 0019, a method of pulling an ongoing VVoIP call from a first currently participating communication device to a second non-active communication device sharing the same account ID, comprising: discovering by said second device current active calls in said account ID; sending a request to a signaling service to pull a call from a first active device in one of said active calls; sending by a signaling service a `transfer call` message to said first device and to said second device; if the call is not a P2P call, sending by said second device a `connect` message to a relay server, said message comprising authentication information; sending by the signaling service a "call transferred" message to the first communication device; and continuing said ongoing call with said second communication device replacing said first communication device],
and simultaneously conduct the target multimedia call by the second terminal device and conduct the exiting multimedia call by the first terminal device [par 0073-0075, Active device (or service) may constantly report call-state changes to all other devices sharing the same account ID. This way, all the devices "know" what calls are currently in progress and what device those calls are running on. In all cases requiring selection of a call, the pulling device has a list of active calls--with at least the ID of the active device (the call-token may also suffice, assuming the service knows what calls are currently active)].
Before the effective filing date it would have been obvious to one of ordinary skill in the art to combine the teachings of Mercredi and Shmilov because a session started on a user's computer may be continued on the user's smartphone if the user wishes to leave her home/office. [Shmilov, par 0009].
12, Mercredi demonstrates a computer-readable non-transitory storage medium, storing computer instructions, wherein the computer instructions, when being executed by a processor[par 0110, Embodiments within the scope of the present disclosure also include physical and other computer-readable media for carrying or storing computer- executable instructions and/or data structures. In particular, one or more of the processes described herein may be implemented at least in part as instructions embodied in a non-transitory computer-readable medium and executable by one or more computing devices (e.g., any of the media content access devices described herein). In general, a processor (e.g., a microprocessor) receives instructions, from a non-transitory computer-readable medium, (e€.g., amemory, etc.), and executes those instructions],
cause the processor to: determine that a first terminal device associated with a user is engaged in an existing multimedia call comprising a video call over a data network based on information of the existing multimedia call[par 0015, 0039, To transition the phone call to a video call, in some embodiments the communication system obtains user identification information and device identification information to determine who is participating in the phone call and which client devices are being used for the phone call. If a user account is associated with a plurality of client devices, the electronic communication system 109 determines whether each client device from the plurality of client devices is involved in a phone call. For example, a user account may be associated with a smartphone and a tablet owned by a user],
wherein the information of the existing multimedia call comprises identification information of the first terminal device in association with call status information of the first terminal device[par 0015, 0060, To transition the phone call to a video call, in some embodiments the communication system obtains user identification information and device identification information to determine who is participating in the phone call and which client devices are being used for the phone call. During a phone call, the call interface 304a can include information related to the phone call. For example, the call interface 304a can display an identifier 306 for the second user involved in the phone call. To illustrate, the call interface 304a can display a name, number, or user profile picture of the second user while the phone call is ongoing. The call interface 304a can also include a current status 308 of the phone call (e.g., call duration or connection status)];
Mercredi fail to show determine whether a second terminal device associated with the same user of the first terminal device is engaged in any multimedia call based on identification information of the second terminal device in response to a trigger to establish the target multimedia call with the same user who is in the existing multimedia call through while the first terminal device, wherein the user logs in a target application on both the first terminal device and the second terminal device, and wherein the target multimedia call to be established is a separate call from the existing multimedia call; establish the target multimedia call based on an answering operation performed by a called party of the target multimedia call in response to determining that the second terminal device is not engaged in any multimedia call, wherein the existing multimedia call is conducted through the first terminal device and the established target multimedia call is conducted through the second terminal device; and simultaneously conduct the target multimedia call by the second terminal device and conduct the exiting multimedia call by the first terminal device.
In an analogous art Shmilov show determine whether a second terminal device associated with the same user of the first terminal device is engaged in any multimedia call based on identification information of the second terminal device in response to a trigger to establish the target multimedia call with the same user who is in the existing multimedia call through while the first terminal device [par 0019, 0071, there is provided a method of pulling an ongoing VVoIP call from a first currently participating communication device to a second non-active communication device sharing the same account ID, comprising: discovering by said second device current active calls in said account ID; sending a request to a signaling service to pull a call from a first active device in one of said active calls. Requesting the signaling service to forward a request to provide information regarding active calls to all other devices (step 410), whereby a device with an active call will reply with details of the call (step 420). In both these implementations the pulling device must request information regarding which calls are currently active. This request would most likely be triggered by a user operation];
wherein the user logs in a target application on both the first terminal device and the second terminal device[par 0072, Discovering proximate devices via P2P network--e.g. using services such as AllJoyn, Apple's Bonjour etc. In this case, upon discovery of another device, the inactive device will check if the discovered device belongs to the same account, For example by broadcasting a request to report account-ID by all devices and then performing an authentication using e.g. the user's password and established security protocols e.g. challenge/response];
and wherein the target multimedia call to be established is a separate call from the existing multimedia call[par 0071, Sending a message through the service--either asking the signaling service of any active calls for the current account ID (step 430), whereby the signaling service will respond with a list of all active calls (step 440) or requesting the signaling service to forward a request to provide information regarding active calls to all other devices (step 410), whereby a device with an active call will reply with details of the call (step 420). In both these implementations the pulling device must request information regarding which calls are currently active];
establish the target multimedia call based on an answering operation performed by a called party of the target multimedia call in response to determining that the second terminal device is not engaged in any multimedia call, wherein the existing multimedia call is conducted through the first terminal device and the established target multimedia call is conducted through the second terminal device[par 0019, a method of pulling an ongoing VVoIP call from a first currently participating communication device to a second non-active communication device sharing the same account ID, comprising: discovering by said second device current active calls in said account ID; sending a request to a signaling service to pull a call from a first active device in one of said active calls; sending by a signaling service a `transfer call` message to said first device and to said second device; if the call is not a P2P call, sending by said second device a `connect` message to a relay server, said message comprising authentication information; sending by the signaling service a "call transferred" message to the first communication device; and continuing said ongoing call with said second communication device replacing said first communication device];
and simultaneously conduct the target multimedia call by the second terminal device and conduct the exiting multimedia call by the first terminal device[par 0073-0075, Active device (or service) may constantly report call-state changes to all other devices sharing the same account ID. This way, all the devices "know" what calls are currently in progress and what device those calls are running on. In all cases requiring selection of a call, the pulling device has a list of active calls--with at least the ID of the active device (the call-token may also suffice, assuming the service knows what calls are currently active)].
Before the effective filing date it would have been obvious to one of ordinary skill in the art to combine the teachings of Mercredi and Shmilov because a session started on a user's computer may be continued on the user's smartphone if the user wishes to leave her home/office. [Shmilov, par 0009].
13. Mercredi and Shmilov displays the apparatus according to claim 11, Mercredi fail to show wherein the first terminal device keeps being in the multimedia call, in response to that the second terminal device establishes the target multimedia call
In an analogous art Shmilov show wherein the first terminal device keeps being in the multimedia call, in response to that the second terminal device establishes the target multimedia call[par 0073-0075, Active device (or service) may constantly report call-state changes to all other devices sharing the same account ID. This way, all the devices "know" what calls are currently in progress and what device those calls are running on. In all cases requiring selection of a call, the pulling device has a list of active calls--with at least the ID of the active device (the call-token may also suffice, assuming the service knows what calls are currently active)].
Before the effective filing date it would have been obvious to one of ordinary skill in the art to combine the teachings of Mercredi and Shmilov because a session started on a user's computer may be continued on the user's smartphone if the user wishes to leave her home/office. [Shmilov, par 0009].
14, Mercredi and Shmilov demonstrates the apparatus according to claim 13, Mercredi fail to show wherein the user is an initiator of the target multimedia call; and the at least one memory further storing instructions that upon execution by the at least one processor cause the apparatus to: send an establishing request for the target multimedia call to a called party of the target multimedia call
In an analogous art Shmilov show wherein the user is an initiator of the target multimedia call; and the at least one memory further storing instructions that upon execution by the at least one processor cause the apparatus to: send an establishing request for the target multimedia call to a called party of the target multimedia call [par 0047, 0049, If a device active in a call is brought close to another device, the proximity may be a signal that a transfer is requested. The devices may exchange information via NFC whereby the call transfer may be done directly between the two devices. In step 330, a VVoIP call has been established between the initiator (account ID YYY) and one of the multiple devices sharing account ID XXX, i.e. the active device (e.g. 220). The session may be carried out via the relay service or as a P2P session via a direct channel];
wherein a terminal device used by the called party of the target multimedia call logged in the target application displays [par 0062, the client application may display to the user a list of devices in close proximity, from which he may select a specific device to which the call is to be transferred, using for example technologies such as Apple Bonjour, Qualcomm's AllJoyn and others].
Before the effective filing date it would have been obvious to one of ordinary skill in the art to combine the teachings of Mercredi and Shmilov because a session started on a user's computer may be continued on the user's smartphone if the user wishes to leave her home/office. [Shmilov, par 0009].
Mercredi show in response to the establishing request, prompt information indicating that the user initiates the target multimedia call to the called party [par 0070, When the first user selects the option 312b to transition to a video call, the first client device 300a can display a notification associated with the request to transition to a video call. Specifically, FIG. 3C illustrates that a notification 314 in the call interface 304a that indicates that the first client device 300a is requesting permission from the second user to transition to the video call. In one or more embodiments, the first client device 300a sends a request to the second client device 300b via the electronic communication system in connection with the notification on the first client device);
and establishing the target multimedia call in response to an answering operation performed by the called party on the prompt information [par 0073-0075, the electronic communication system can establish a one-way video call if only one of the users selects the option to transition to a video call and the other user accepts, but does not also select an option to transition to a video call from his/her end. The electronic communication system can alternatively provide additional options to the users to allow the users to customize the video call in a variety of ways. For example, the communication system can provide flexibility in establishing different types of media communications between the users by providing additional customization options with the option to transition to a video call. after the electronic communication system determines that one or both users have selected to transition the phone call to a video call, the client devices 300a, 300b can end the phone call and begin a video call].
15. Mercredi and Shmilov defines the apparatus according to claim 14, wherein the user is the called party of the target multimedia call; and the at least one memory further storing instructions that upon execution by the at least one processor cause the apparatus to: display prompt information indicating that an initiator of the target multimedia call initiates the target multimedia call to the user[par 0070, When the first user selects the option 312b to transition to a video call, the first client device 300a can display a notification associated with the request to transition to a video call. Specifically, FIG. 3C illustrates that a notification 314 in the call interface 304a that indicates that the first client device 300a is requesting permission from the second user to transition to the video call. In one or more embodiments, the first client device 300a sends a request to the second client device 300b via the electronic communication system in connection with the notification on the first client device};
and establish the target multimedia call in response to an answering operation performed by the user on the prompt information[par 0072, 0073, /f both users select the option, the electronic communication system can automatically begin the transition to a video call. In at least some embodiments, the electronic communication system can establish a one-way video call if only one of the users selects the option to transition to a video call and the other user accepts, but does not also select an option to transition to a video call from his/her end].
4. Claim(s) 5, 16-18, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mercredi et al. (U.S. Pub No. 2018/0160074 A1) in view of Shmilov et al. (U.S. PG Pub No. 2015/0163295 A1) in further view of Chiang (U.S. Pub No. 2018/0103358 A1)
5, Mercredi and Shmilov disclose the method according to claim 1, Mercredi and Shmilov fail to show further comprising: refusing to establish the target multimedia call in response to determining that the second terminal device is engaged in a multimedia call.
In an analogous art Chiang show further comprising: refusing to establish the target multimedia call in response to determining that the second terminal device is engaged in a multimedia call [par 0032, /n response to the incoming call during a multi- call scenario, the GUI module 120 may receive instructions from the call handling module 130 to present a default set of selectable options on a display of the UE 102(0) for selection by the user. The default set of selectable options can comprise the following: (i) a first selectable option 204 to answer the third incoming call and drop the first active call, (ii) a second selectable option 206 to answer the third incoming call, drop the second call on hold, and send a message to the second UE 102(2) associated with the second call on hold, and (iii) a third selectable option 208 to reject the third incoming call and send a message to the third UE 102(3) associated with the third incoming call. Sending messages to dropped or rejected callers is useful when the user of the UE 102(0) does not have a chance to inform those callers that he/she is dropping or rejecting their calls].
Before the effective filing date it would have been obvious to one of ordinary skill in the art to combine the teachings of Mercredi, Shmilov, and Chiang because this provides UE is configured to customize how the incoming call is handled to the user in various ways, including, without limitation, determining whether to automatically reject or drop an individual call based on past user behavior in context of handling multiple contemporaneous calls, suggesting a customized message that is to be sent toa rejected or dropped caller based on past messages typed or selected by the user in past multi-call scenarios, and/or presenting a customized set of selectable options for handling the incoming call on a display of the UE [Chiang par 0011].
16, Mercredi and Shmilov convey the apparatus according to claim 11, Mercredi and Shmilov fail to show the at least one memory further storing instructions that upon execution by the at least one processor cause the apparatus to: refuse to establish the target multimedia call in response to determining that the second terminal device is engaged in a multimedia call.
In an analogous art Chiang show the at least one memory further storing instructions that upon execution by the at least one processor cause the apparatus to: refuse to establish the target multimedia call in response to determining that the second terminal device is engaged in a multimedia call [par 0032, In response to the incoming call during a multi-call scenario, the GUI module 120 may receive instructions from the call handling module 130 to present a default set of selectable options on a display of the UE 102(0) for selection by the user. The default set of selectable options can comprise the following: (i) a first selectable option 204 to answer the third incoming call and drop the first active call, (ii) a second selectable option 206 to answer the third incoming call, drop the second call on hold, and send a message to the second UE 102(2) associated with the second call on hold, and (iti) a third selectable option 208 to reject the third incoming call and send a message to the third UE 102(3) associated with the third incoming call. Sending messages to dropped or rejected callers is useful when the user of the UE 102(0) does not have a chance to inform those callers that he/she is dropping or rejecting their calls].
Before the effective filing date it would have been obvious to one of ordinary skill in the art to combine the teachings of Mercredi, Shmilov, and Chiang because this provides UE is configured to customize how the incoming call is handled to the user in various ways, including, without limitation, determining whether to automatically reject or drop an individual call based on past user behavior in context of handling multiple contemporaneous calls, suggesting a customized message that is to be sent toa rejected or dropped caller based on past messages typed or selected by the user in past multi-call scenarios, and/or presenting a customized set of selectable options for handling the incoming call on a display of the UE [Chiang par 0011].
17, Mercredi, Shmilov, and Chiang provides the apparatus according to claim 16, the at least one memory further storing instructions that upon execution by the at least one processor cause the apparatus to: determine whether multimedia call information of multimedia calls in which the user participates comprises the terminal identification information of the second terminal device, wherein in the multimedia call information, terminal identification information of terminal devices by which the user participates in the multimedia calls is stored in association with call status information [Mercedi,abstract; Specifically, one or more embodiments allow users to transition from an active phone call over a telephone network to a video call. One or more embodiments determine a first user identifier for a first user and a second user identifier for a second user. Additionally, the systems and methods identify user client devices actively performing the phone call based on the user identifiers and provide an option to the identified client devices to switch the phone call to the video call);
and determine, in response to that the multimedia call information comprises the terminal identification information of the second terminal device, whether the second terminal device is in a multimedia call according to the call status information stored in association with the terminal identification information of the second terminal device in the multimedia call information[par 0037, 0039, For example, the electronic communication system 109 can identify the user account of the first user and then obtain the second user's identity from the first client device 106a. For example, the first client device 106a can look up the user's identity based on information stored at the first client device 106a. For example, a user account may be associated with a smartphone and a tablet owned by a user. To associate a client device with a user account, a user may log into the user account on the client device such that the client device (e.9., a device identifier) is stored with the user account. When the electronic communication system 109 attempts to identify the client devices associated with the user account, the electronic communication system 109 send a pre-flight message to each of the client devices].
18, Mercredi, Shmilov, and Chiang reveal the apparatus according to claim 17, wherein a call status indicated by the call status information comprises any one of: a status of being in a multimedia call, a status of quitting from a multimedia call, a status of receiving a multimedia call initiated by another user, and a status of initiating a multimedia call to another user[Mercredi par 0060, To illustrate, the call interface 304a can display a name, number, or user profile picture of the second user while the phone call is ongoing. The call interface 304a can also include a current status 308 of the phone call (e.g., call duration or connection Status)].
20, Mercredi, Shmilov, and Chiang illustrates the apparatus according to claim 17, wherein the multimedia call information is received from a server; and the at least one memory further storing instructions that upon execution by the at least one processor cause the apparatus to: send by the server, the multimedia call information to each terminal device used by the user logged in the target application[Mercredi, fig 2A, par 0027, 0031, the client devices 106 are able to communicate with the server device(s) 108 using a data connection. To illustrate, the electronic communication system 109 on the server device(s) 108 allows the users 104a, 104b to communicate with each other in a video call by establishing a data connection between the client devices 106 via the server device(s). The electronic communication system 109 also communicate with the messaging applications 107a, 107b on the client devices 106 to provide information and notifications to the client devices 106. Specifically, the electronic communication system 109 can provide notifications to the first client device 106a and/or the second client device 106b in response to identifying the client devices 106 in the active phone call].
5. Claim(s) 9, is/are rejected under 35 U.S.C. 103 as being unpatentable over Mercredi et al. (U.S. Pub No. 2018/0160074 A1) in view of Shmilov et al. (U.S. PG Pub No. 2015/0163295 A1) in further view of Neff (U.S. Pub No. 2007/0189275 A1)
9. Mercredi and Shmilov defines the method according to claim 7, Mercredi and Shmilov fail to show further comprising: determining that the second terminal device is not engaged in any multimedia call, in response to determining that the multimedia call information does not include the terminal identification information of the second terminal device.
In an analogous art Neff shows further comprising: determining that the second terminal device is not engaged in any multimedia call, in response to determining that the multimedia call information does not include the terminal identification information of the second terminal device [par 0009, The first terminal may access the capability
and/or preference information contained in the database to determine a first codec which the second terminal may be capable of accepting, of receiving, of processing and/or of displaying. Alternatively, the first terminal may be unable to identify the second terminal or to find the capability and/or the preference information associated with the second terminal in the database. As a result, the first terminal may select the first codec without making use of the information from the database. A connection between the terminals may be established which may have one or more transmission channels for transmitting the data in the first codec between the terminals. Without receiving capabilities of and/or intentions from the second terminal, the first terminal may transmit the data in the first codec to the second terminal over one of the transmission channels].
Before the effective filing date it would have been obvious to one of ordinary skill in the art to combine the teachings of Mercredi and Neff because this provides a system and a method for connecting mobile devices which may minimize and/or may reduce a duration of call setup time expended by the mobile devices prior to and/or during transmission of data between the mobile devices via information in a database of one or both of the mobile devices{Neff par 0008].
6. Claim(s) 19, is/are rejected under 35 U.S.C. 103 as being unpatentable over Mercredi et al. (U.S. Pub No. 2018/0160074 A1), Shmilov et al. (U.S. PG Pub No. 2015/0163295 A1) in view of Chiang (U.S. Pub No. 2018/0103358 A1) in further view of Neff (U.S. Pub No. 2007/0189275 A1)
19. Mercredi, Shmilov, and Chiang teaches the apparatus according to claim 17, Mercredi Shmilov, and Chiang fail to show the at least one memory further storing instructions that upon execution by the at least one processor cause the apparatus to: determine that the second terminal device is not in engaged any multimedia call, in response to determining that the multimedia call information does not include the terminal identification information of the second terminal device.
In an analogous art Neff show the at least one memory further storing instructions that upon execution by the at least one processor cause the apparatus to: determine that the second terminal device is not in engaged any multimedia call, in response to determining that the multimedia call information does not include the terminal identification information of the second terminal device[par 0009, The first terminal may access the capability and/or preference information contained in the database to determine a first codec which the second terminal may be capable of accepting, of receiving, of processing and/or of displaying. Alternatively, the first terminal may be unable to identify the second terminal or to find the capability and/or the preference information associated with the second terminal in the database. As a result, the first terminal may select the first codec without making use of the information from the database. A connection between the terminals may be established which may have one or more transmission channels for transmitting the data in the first codec between the terminals. Without receiving capabilities of and/or intentions from the second terminal, the first terminal may transmit the data in the first codec to the second terminal over one of the transmission channels]
Before the effective filing date it would have been obvious to one of ordinary skill in the art to combine the teachings of Mercredi Shmilov, Chiang and Neff because this provides a system and a method for connecting mobile devices which may minimize and/or may reduce a duration of call setup time expended by the mobile devices prior to and/or during transmission of data between the mobile devices via information in a database of one or both of the mobile devices{Neff par 0008].
Response to Arguments
Applicant has amended claim 7 to correct the typo. Accordingly, Applicant respectfully requests reconsideration and withdrawal of the objection to claim 7.
The objection is withdrawn.
As such, Mercredi does not meet “determining whether a second terminal device associated with the same user of the first terminal device is engaged in any multimedia call based on identification information of the second terminal device in response to a trigger to establish the target multimedia call with the same user who is in the existing multimedia call through the first terminal device” as required by claim 1. (Emphasis added).
Also, Mercredi merely transitions a phone call to a video call by terminating the phone call and initiating the video call. Mercredi’s terminating the phone call and initiating the video call does not meet “simultaneously conducting the target multimedia call by the second terminal device and conducting the existing multimedia call by the first terminal device” as required by claim 1.
For at least the foregoing reasons, Applicant submits that claim 1 is not anticipated by the prior art. Accordingly, Applicant respectfully requests reconsideration and withdrawal of the 35 U.S.C. § 102 rejection to claim 1. Inasmuch as dependent claims 2-4, 6-8, and 10 depend upon claim 1, Applicant submits that claims 2-4, 6-8, and 10 are also not anticipated by the cited prior art based at least on their dependency from claim 1. Accordingly, Applicant respectfully requests reconsideration and withdrawal of the 35 U.S.C. § 102 rejection to claims 2-4, 6-8, and 10.
Regarding independent claim 11, the claim recites similar limitations as claim 1. Thus, Applicant submits that claim 11 is not anticipated by the cited prior art for at least similar reasons as presented above with respect to claim 1. Accordingly, Applicant respectfully requests reconsideration and withdrawal of the 35 U.S.C. § 102 rejection to independent claim 11.
Inasmuch as dependent claims 13-15, 17-18, and 20 depend upon claim 11, Applicant submits that claims 13-15, 17-18, and 20 are also not anticipated by the cited prior art based at least on their dependency from claim 11. Accordingly, Applicant respectfully requests reconsideration and withdrawal of the 35 U.S.C. § 102 rejection to claims 13-15, 17-18, and 20.
Regarding independent claim 12, the claim recites similar limitations as claim 1. Thus, Applicant submits that claim 12 is not anticipated by the cited prior art for at least similar reasons as presented above with respect to claim 1. Accordingly, Applicant respectfully requests reconsideration and withdrawal of the 35 U.S.C. § 102 rejection to independent claim 12.
The applicant’s arguments are moot in view of newly rejected claim.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/JASON A HARLEY/Examiner, Art Unit 2468
/MARCUS SMITH/Supervisory Patent Examiner, Art Unit 2468
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