Prosecution Insights
Last updated: May 29, 2026
Application No. 18/256,870

NETWORK CONFERENCE CONVERGENCE SYSTEM AND METHOD

Non-Final OA §102§103
Filed
Jun 09, 2023
Priority
Jan 21, 2021 — CN 202110080878.0 +1 more
Examiner
JONES, CARISSA ANNE
Art Unit
2691
Tech Center
2600 — Communications
Assignee
BEIJING BYTEDANCE NETWORK TECHNOLOGY CO., LTD.
OA Round
2 (Non-Final)
85%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
22 granted / 26 resolved
+22.6% vs TC avg
Strong +24% interview lift
Without
With
+23.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
19 currently pending
Career history
57
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
95.5%
+55.5% vs TC avg
§102
0.9%
-39.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 26 resolved cases

Office Action

§102 §103
DETAILED ACTION This action is in response to the remarks filed 10/09/2025. Claims 1 – 14 are pending and have been examined. 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 . Response to Arguments Applicant's arguments filed 10/09/2025 have been fully considered but they are not persuasive. The Office asserts in Non-Final Rejection dated 07/09/2025 that Yang discloses each and every feature of claim 1. Applicant has respectfully disagreed with this assertion however has amended independent claim 1 to specify that the first conference application is different from the second conference application. Examiner agrees that Yang alone does fail to disclose expressively this amended limitation and has subsequently rejected Claim 1 and its dependent claims under 35 U.S.C. 103 as being unpatentable over Yang et al. (U.S. Patent No. 9,621,853 B1, hereinafter “Yang”) in view of Zhou et al. (E.P. Pub. No. 2590376, hereinafter “Zhou”) (please see rejection below). The Office asserts in Non-Final Rejection dated 07/09/2025 that Yang discloses each and every feature of claim 7. Applicant has respectfully disagreed with this assertion and states “Since the first conference application is different from the cloud conference application, the first client and second client are installed with different conference applications” and “As discussed above with respect to claim 1, different user devices 108 disclosed by Yang (e.g., user device 108A and user device 108B) are installed with the same applications such as the web browser application 502, video conferencing service application 504, and the virtual network layer system software 508. Then, the web browser application 502 or the video conferencing service application 504 installed by the different user devices 108 provides access to the service orchestrator 120 for installing the virtual network layer system software 508 instead of creating the video conference. Since the claimed "first conference application" is different from the claimed "cloud conference application," the web browser application 502 or the video conferencing service application 504 disclosed by Yang cannot reasonably both play the role of the claimed "first conference application" and "cloud conference application." In addition, throughout the entirety of Yang, Applicant fails to find any disclosure on how to join the first virtual conference created by the first client without the installing the virtual network layer system software. Thus, Yang fails to disclose or suggest at least above-mentioned limitations recited in the combination of claim 7.” Examiner respectfully disagrees and maintains the previous rejection for claim 7 and its dependent claims. Claim 7 does not specify that the conference applications must be different, nor that the first conference application must also different from the cloud conference application. Claim 7 also does not specify joining the first virtual conference created by the first client without the installing of the virtual network layer system software, it states “the first client is configured to create or enter a first virtual conference through the first conference application and send a first join request to the cloud server”. Interpreting claim 7 language under BRI, it is understood that Yang does indeed disclose the limitations of Claim 7 and its respective dependent claims (please refer to exact cited references below). Response to Amendment Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 7 – 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang et al. (U.S. Patent No. 9,621,853 B1, hereinafter “Yang”). Regarding Claim 7, Yang teaches A network conference convergence system (see Yang Abstract, Concepts and technologies disclosed herein are directed to service orchestration to support cloud-based, multi-party video conferencing service in a virtual overlay network environment), comprising: a first client (see Yang Figure 1A, user device 1, item 108A), a second client (see Yang Figure 1A, user device 2, item 108B), and a cloud server (see Yang Figure 1A – 1 B, media server); wherein the first client is installed with a first conference application and a cloud conference application (see Yang Column 12, lines 56 – 64, The illustrated embodiment of the user device 108 includes a web browser application 502, a video conferencing service application 504, a VM container 506, and virtual network layer system software 508. The user device 108 can execute the web browser application 502, the video conferencing service application 504, the VM container 506, and the virtual network layer system software 508 via one or more processing components, such as, for example, the processor best shown in FIG. 19, Column 13, lines 24 – 33, A user can sign up for the video conferencing service through the web browser application 502 or the video conferencing service application 504. In either case, a customer sign up request (generally shown at 510) can be generated and sent to the video conferencing service orchestrator 120. After the user signs up for the video conferencing service, the service orchestrator 120 provides (generally shown at 512) the virtual network layer system software 508 to the user device 108, and the user device 108 installs the virtual network layer system software 508), the second client is installed with the cloud conference application, and the cloud server is installed with the first conference application (see Yang Column 12, lines 56 – 64, The illustrated embodiment of the user device 108 includes a web browser application 502, a video conferencing service application 504, a VM container 506, and virtual network layer system software 508. The user device 108 can execute the web browser application 502, the video conferencing service application 504, the VM container 506, and the virtual network layer system software 508 via one or more processing components, such as, for example, the processor best shown in FIG. 19, Column 13, lines 24 – 33, A user can sign up for the video conferencing service through the web browser application 502 or the video conferencing service application 504. In either case, a customer sign up request (generally shown at 510) can be generated and sent to the video conferencing service orchestrator 120. After the user signs up for the video conferencing service, the service orchestrator 120 provides (generally shown at 512) the virtual network layer system software 508 to the user device 108, and the user device 108 installs the virtual network layer system software 508, as applied to the second client); wherein the first client is configured to create or enter a first virtual conference through the first conference application and send a first join request to the cloud server through the cloud conference application; and the cloud server is configured to join the first virtual conference through the first conference application according to the first join request (see Yang Column 13, lines 24 – 33, A user can sign up for the video conferencing service through the web browser application 502 or the video conferencing service application 504. In either case, a customer sign up request (generally shown at 510) can be generated and sent to the video conferencing service orchestrator 120. After the user signs up for the video conferencing service, the service orchestrator 120 provides (generally shown at 512) the virtual network layer system software 508 to the user device 108, and the user device 108 installs the virtual network layer system software 508 and Column 11, lines 31 – 48, One of the users 210—the user.sub.1 210A for the remainder of this example—initiates a video conference and causes a service request to be sent to the service orchestrator 120. In the meantime, a VM corresponding to the specific type of conference is booted up—that is, the VM.sub.1 206A in the illustrated example. The service orchestrator 120 then assigns a closest controller, such as the SDN controller 114 in the illustrated example, and a media server, such as the media server 118 in the illustrated example, for servicing the conference. The video conferencing service client agent.sub.1 208A and the SDN controller 114 then establish a dedicated tunnel for controlling the video conferencing service through the appropriate VM network agents 204, which include the VM network agent.sub.1 204A and the VM network agent.sub.2 204B in the illustrated example. The VM network agents 204 can implement any networking function that is required based upon the hosting environment); the second client is configured to join the first virtual conference through the cloud conference application (see Yang Column 13, lines 24 – 33, A user can sign up for the video conferencing service through the web browser application 502 or the video conferencing service application 504. In either case, a customer sign up request (generally shown at 510) can be generated and sent to the video conferencing service orchestrator 120. After the user signs up for the video conferencing service, the service orchestrator 120 provides (generally shown at 512) the virtual network layer system software 508 to the user device 108, and the user device 108 installs the virtual network layer system software 508 and Column 11, lines 31 – 48, One of the users 210—the user.sub.1 210A for the remainder of this example—initiates a video conference and causes a service request to be sent to the service orchestrator 120. In the meantime, a VM corresponding to the specific type of conference is booted up—that is, the VM.sub.1 206A in the illustrated example. The service orchestrator 120 then assigns a closest controller, such as the SDN controller 114 in the illustrated example, and a media server, such as the media server 118 in the illustrated example, for servicing the conference. The video conferencing service client agent.sub.1 208A and the SDN controller 114 then establish a dedicated tunnel for controlling the video conferencing service through the appropriate VM network agents 204, which include the VM network agent.sub.1 204A and the VM network agent.sub.2 204B in the illustrated example. The VM network agents 204 can implement any networking function that is required based upon the hosting environment); and the first client and the second client are further configured to transmit data through the cloud server (see Yang Column 10, lines 24 – 34, The SDN elements 112 can inspect traffic flowing between the RANs 122 and the EPCs 126 to detect traffic associated with GPRS tunneling protocol (“GTP”) tunnel set up specifically for a video conference (referred to as a “setup event”). In response to detecting a setup event, the SDN element 112 can inform its SDN controller 114. The SDN controller 114, in turn, can assign the media server(s) 118 to be utilized to serve media data (e.g., audio and video) for the video conference. Alternatively, the SDN controller 114 can inform the service orchestrator 120 to assign the media server(s) 118 for the video conference and Figure 1A in which user devices have an input and output of media flow). Regarding Claim 8, Yang teaches The system according to claim 7, wherein the first client and the second client are configured to transmit the data through the cloud server in a following manner: the first client is configured to send a first video stream and a first audio stream which are acquired to the cloud server, and the cloud server is configured to send the first video stream and the first audio stream to the second client (see Yang Figure 5, in which each user device (108A – 108N) has a VM container and a video conferencing service application, and Column 14, lines 15 – 18, After the setup process described above, the selected video conference service can be instantiated and media 524 (e.g., audio and video) associated with the video conference can be presented via the VM container 506); and the second client is configured to send a second video stream and a second audio stream which are acquired to the cloud server, and the cloud server is further configured to send the second video stream and the second audio stream to the first client (see Yang Figure 5, in which each user device (108A – 108N) has a VM container and a video conferencing service application, and Column 14, lines 15 – 18, After the setup process described above, the selected video conference service can be instantiated and media 524 (e.g., audio and video) associated with the video conference can be presented via the VM container 506). Regarding Claim 9, Yang teaches A network conference convergence method performed by the system according to claim 1, comprising: creating or entering, by a first client, a first virtual conference through a first conference application and sending a first join request to a cloud server through a cloud conference application (see Yang Column 13, lines 24 – 33, A user can sign up for the video conferencing service through the web browser application 502 or the video conferencing service application 504. In either case, a customer sign up request (generally shown at 510) can be generated and sent to the video conferencing service orchestrator 120. After the user signs up for the video conferencing service, the service orchestrator 120 provides (generally shown at 512) the virtual network layer system software 508 to the user device 108, and the user device 108 installs the virtual network layer system software 508 and Column 11, lines 31 – 48, One of the users 210—the user.sub.1 210A for the remainder of this example—initiates a video conference and causes a service request to be sent to the service orchestrator 120. In the meantime, a VM corresponding to the specific type of conference is booted up—that is, the VM.sub.1 206A in the illustrated example. The service orchestrator 120 then assigns a closest controller, such as the SDN controller 114 in the illustrated example, and a media server, such as the media server 118 in the illustrated example, for servicing the conference. The video conferencing service client agent.sub.1 208A and the SDN controller 114 then establish a dedicated tunnel for controlling the video conferencing service through the appropriate VM network agents 204, which include the VM network agent.sub.1 204A and the VM network agent.sub.2 204B in the illustrated example. The VM network agents 204 can implement any networking function that is required based upon the hosting environment); creating or entering, by a second client, a second virtual conference through a second conference application and sending a second join request to the cloud server through the cloud conference application (see Yang Column 13, lines 24 – 33, A user can sign up for the video conferencing service through the web browser application 502 or the video conferencing service application 504. In either case, a customer sign up request (generally shown at 510) can be generated and sent to the video conferencing service orchestrator 120. After the user signs up for the video conferencing service, the service orchestrator 120 provides (generally shown at 512) the virtual network layer system software 508 to the user device 108, and the user device 108 installs the virtual network layer system software 508 and Column 11, lines 31 – 48, One of the users 210—the user.sub.1 210A for the remainder of this example—initiates a video conference and causes a service request to be sent to the service orchestrator 120. In the meantime, a VM corresponding to the specific type of conference is booted up—that is, the VM.sub.1 206A in the illustrated example. The service orchestrator 120 then assigns a closest controller, such as the SDN controller 114 in the illustrated example, and a media server, such as the media server 118 in the illustrated example, for servicing the conference. The video conferencing service client agent.sub.1 208A and the SDN controller 114 then establish a dedicated tunnel for controlling the video conferencing service through the appropriate VM network agents 204, which include the VM network agent.sub.1 204A and the VM network agent.sub.2 204B in the illustrated example. The VM network agents 204 can implement any networking function that is required based upon the hosting environment); joining, by the cloud server, the first virtual conference through the first conference application according to the first join request (see Yang Column 13, lines 24 – 33, A user can sign up for the video conferencing service through the web browser application 502 or the video conferencing service application 504. In either case, a customer sign up request (generally shown at 510) can be generated and sent to the video conferencing service orchestrator 120. After the user signs up for the video conferencing service, the service orchestrator 120 provides (generally shown at 512) the virtual network layer system software 508 to the user device 108, and the user device 108 installs the virtual network layer system software 508 and Column 11, lines 31 – 48, One of the users 210—the user.sub.1 210A for the remainder of this example—initiates a video conference and causes a service request to be sent to the service orchestrator 120. In the meantime, a VM corresponding to the specific type of conference is booted up—that is, the VM.sub.1 206A in the illustrated example. The service orchestrator 120 then assigns a closest controller, such as the SDN controller 114 in the illustrated example, and a media server, such as the media server 118 in the illustrated example, for servicing the conference. The video conferencing service client agent.sub.1 208A and the SDN controller 114 then establish a dedicated tunnel for controlling the video conferencing service through the appropriate VM network agents 204, which include the VM network agent.sub.1 204A and the VM network agent.sub.2 204B in the illustrated example. The VM network agents 204 can implement any networking function that is required based upon the hosting environment); and joining the second virtual conference through the second conference application according to the second join request (see Yang Column 13, lines 24 – 33, A user can sign up for the video conferencing service through the web browser application 502 or the video conferencing service application 504. In either case, a customer sign up request (generally shown at 510) can be generated and sent to the video conferencing service orchestrator 120. After the user signs up for the video conferencing service, the service orchestrator 120 provides (generally shown at 512) the virtual network layer system software 508 to the user device 108, and the user device 108 installs the virtual network layer system software 508 and Column 11, lines 31 – 48, One of the users 210—the user.sub.1 210A for the remainder of this example—initiates a video conference and causes a service request to be sent to the service orchestrator 120. In the meantime, a VM corresponding to the specific type of conference is booted up—that is, the VM.sub.1 206A in the illustrated example. The service orchestrator 120 then assigns a closest controller, such as the SDN controller 114 in the illustrated example, and a media server, such as the media server 118 in the illustrated example, for servicing the conference. The video conferencing service client agent.sub.1 208A and the SDN controller 114 then establish a dedicated tunnel for controlling the video conferencing service through the appropriate VM network agents 204, which include the VM network agent.sub.1 204A and the VM network agent.sub.2 204B in the illustrated example. The VM network agents 204 can implement any networking function that is required based upon the hosting environment); and receiving, by the cloud server, a conference room creation request sent by the first client or the second client, creating a virtual conference room according to the conference room creation request, and adding the first virtual conference and the second virtual conference to the virtual conference room, so that the first client and the second client transmit data through the virtual conference room (see Yang Column 13, lines 34 – 54, After the virtual network layer system software 508 is installed on the user device 108, a service request (generally shown at 514) can be generated and sent to the service orchestrator 120. The service request can instruct the service orchestrator 120 to set up a specific type of video conference. The type of video conference can be a 1-1 video conference, wherein the SDN controller 114 creates a point-to-point configuration (best shown in FIG. 4A) between each client participating in the 1-1 video conference. The type of video conference can be a 1-N video conference, wherein the SDN controller 114 creates a tree configuration (best shown in FIG. 4B) between the client participating in the video conference as the speaker and N media servers associated with N clients participating in the video conference as listeners. The type of video conference can be an N-N video conference, wherein the SDN controller 114 instructs all (N) participating clients to set up a bridge configuration (best shown in FIG. 4C) between the N clients participating in the video conference as speakers/listeners (i.e., everyone can speak) and Figure 10, in which a customer (one of the customers 806) sends request to service orchestrator to initiate of a video conference, and a VM corresponding to the specific type of conference is booted up and Column 10, lines 24 – 34, The SDN elements 112 can inspect traffic flowing between the RANs 122 and the EPCs 126 to detect traffic associated with GPRS tunneling protocol (“GTP”) tunnel set up specifically for a video conference (referred to as a “setup event”). In response to detecting a setup event, the SDN element 112 can inform its SDN controller 114. The SDN controller 114, in turn, can assign the media server(s) 118 to be utilized to serve media data (e.g., audio and video) for the video conference. Alternatively, the SDN controller 114 can inform the service orchestrator 120 to assign the media server(s) 118 for the video conference and Figure 1A in which user devices have an input and output of media flow). Regarding Claim 10, Yang teaches A network conference convergence method performed by the system according to claim 7, comprising: creating or entering, by a first client, a first virtual conference through a first conference application and sending a first join request to a cloud server through a cloud conference application (see Yang Column 13, lines 24 – 33, A user can sign up for the video conferencing service through the web browser application 502 or the video conferencing service application 504. In either case, a customer sign up request (generally shown at 510) can be generated and sent to the video conferencing service orchestrator 120. After the user signs up for the video conferencing service, the service orchestrator 120 provides (generally shown at 512) the virtual network layer system software 508 to the user device 108, and the user device 108 installs the virtual network layer system software 508 and Column 11, lines 31 – 48, One of the users 210—the user.sub.1 210A for the remainder of this example—initiates a video conference and causes a service request to be sent to the service orchestrator 120. In the meantime, a VM corresponding to the specific type of conference is booted up—that is, the VM.sub.1 206A in the illustrated example. The service orchestrator 120 then assigns a closest controller, such as the SDN controller 114 in the illustrated example, and a media server, such as the media server 118 in the illustrated example, for servicing the conference. The video conferencing service client agent.sub.1 208A and the SDN controller 114 then establish a dedicated tunnel for controlling the video conferencing service through the appropriate VM network agents 204, which include the VM network agent.sub.1 204A and the VM network agent.sub.2 204B in the illustrated example. The VM network agents 204 can implement any networking function that is required based upon the hosting environment); joining, by the cloud server, the first virtual conference through the first conference application according to the first join request (see Yang Column 13, lines 24 – 33, A user can sign up for the video conferencing service through the web browser application 502 or the video conferencing service application 504. In either case, a customer sign up request (generally shown at 510) can be generated and sent to the video conferencing service orchestrator 120. After the user signs up for the video conferencing service, the service orchestrator 120 provides (generally shown at 512) the virtual network layer system software 508 to the user device 108, and the user device 108 installs the virtual network layer system software 508 and Column 11, lines 31 – 48, One of the users 210—the user.sub.1 210A for the remainder of this example—initiates a video conference and causes a service request to be sent to the service orchestrator 120. In the meantime, a VM corresponding to the specific type of conference is booted up—that is, the VM.sub.1 206A in the illustrated example. The service orchestrator 120 then assigns a closest controller, such as the SDN controller 114 in the illustrated example, and a media server, such as the media server 118 in the illustrated example, for servicing the conference. The video conferencing service client agent.sub.1 208A and the SDN controller 114 then establish a dedicated tunnel for controlling the video conferencing service through the appropriate VM network agents 204, which include the VM network agent.sub.1 204A and the VM network agent.sub.2 204B in the illustrated example. The VM network agents 204 can implement any networking function that is required based upon the hosting environment); joining, by a second client, the first virtual conference through the cloud conference application (see Yang Column 13, lines 24 – 33, A user can sign up for the video conferencing service through the web browser application 502 or the video conferencing service application 504. In either case, a customer sign up request (generally shown at 510) can be generated and sent to the video conferencing service orchestrator 120. After the user signs up for the video conferencing service, the service orchestrator 120 provides (generally shown at 512) the virtual network layer system software 508 to the user device 108, and the user device 108 installs the virtual network layer system software 508 and Column 11, lines 31 – 48, One of the users 210—the user.sub.1 210A for the remainder of this example—initiates a video conference and causes a service request to be sent to the service orchestrator 120. In the meantime, a VM corresponding to the specific type of conference is booted up—that is, the VM.sub.1 206A in the illustrated example. The service orchestrator 120 then assigns a closest controller, such as the SDN controller 114 in the illustrated example, and a media server, such as the media server 118 in the illustrated example, for servicing the conference. The video conferencing service client agent.sub.1 208A and the SDN controller 114 then establish a dedicated tunnel for controlling the video conferencing service through the appropriate VM network agents 204, which include the VM network agent.sub.1 204A and the VM network agent.sub.2 204B in the illustrated example. The VM network agents 204 can implement any networking function that is required based upon the hosting environment); and transmitting, by the first client and the second client, data through the cloud server (see Yang Column 10, lines 24 – 34, The SDN elements 112 can inspect traffic flowing between the RANs 122 and the EPCs 126 to detect traffic associated with GPRS tunneling protocol (“GTP”) tunnel set up specifically for a video conference (referred to as a “setup event”). In response to detecting a setup event, the SDN element 112 can inform its SDN controller 114. The SDN controller 114, in turn, can assign the media server(s) 118 to be utilized to serve media data (e.g., audio and video) for the video conference. Alternatively, the SDN controller 114 can inform the service orchestrator 120 to assign the media server(s) 118 for the video conference and Figure 1A in which user devices have an input and output of media flow and Figure 5, in which each user device (108A – 108N) has a VM container and a video conferencing service application, and Column 14, lines 15 – 18, After the setup process described above, the selected video conference service can be instantiated and media 524 (e.g., audio and video) associated with the video conference can be presented via the VM container 506). Regarding Claim 11, Yang teaches The network conference convergence method according to claim 9, wherein transmitting, by the first client and the second client, the data through the virtual conference room comprises: sending, by the first client, a first video stream and a first audio stream which are acquired to the first virtual conference of the cloud server through a first conference server, wherein the first video stream is sent by the first virtual conference to the second virtual conference through a virtual camera channel, and the first audio stream is forwarded by the first virtual conference to the second virtual conference through a virtual microphone channel (see Yang Figure 7A and Column 15, lines 17 – 24, The video conferencing client.sub.2 702B can then initiate communication (generally shown at 708) with the video conferencing client.sub.1 702A. Two media channels and two control channels are then established between the video conferencing clients 702A, 702B. One media channel and one control channel are established for each direction of communication); and sending, the second virtual conference, the first video stream and the first audio stream to the second client through a second conference server (see Yang Column 10, lines 24 – 34, The SDN elements 112 can inspect traffic flowing between the RANs 122 and the EPCs 126 to detect traffic associated with GPRS tunneling protocol (“GTP”) tunnel set up specifically for a video conference (referred to as a “setup event”). In response to detecting a setup event, the SDN element 112 can inform its SDN controller 114. The SDN controller 114, in turn, can assign the media server(s) 118 to be utilized to serve media data (e.g., audio and video) for the video conference. Alternatively, the SDN controller 114 can inform the service orchestrator 120 to assign the media server(s) 118 for the video conference and Figure 1A in which user devices have an input and output of media flow, and Figure 7A and Column 15, lines 17 – 24, The video conferencing client.sub.2 702B can then initiate communication (generally shown at 708) with the video conferencing client.sub.1 702A. Two media channels and two control channels are then established between the video conferencing clients 702A, 702B. One media channel and one control channel are established for each direction of communication). Regarding Claim 12, Yang teaches The network conference convergence method according to claim 9, wherein transmitting, by the first client and the second client, the data through the virtual conference room comprises: sending, by the second client, a second video stream and a second audio stream which are acquired to the second virtual conference of the cloud server through a second conference server, wherein the second video stream is sent by the second virtual conference to the first virtual conference through the virtual camera channel, and the second audio stream is forwarded by the second virtual conference to the first virtual conference through the virtual microphone channel (see Yang Figure 7A and Column 15, lines 17 – 24, The video conferencing client.sub.2 702B can then initiate communication (generally shown at 708) with the video conferencing client.sub.1 702A. Two media channels and two control channels are then established between the video conferencing clients 702A, 702B. One media channel and one control channel are established for each direction of communication); and sending, the second virtual conference, the second video stream and the second audio stream to the first client through the first conference server (see Yang Column 10, lines 24 – 34, The SDN elements 112 can inspect traffic flowing between the RANs 122 and the EPCs 126 to detect traffic associated with GPRS tunneling protocol (“GTP”) tunnel set up specifically for a video conference (referred to as a “setup event”). In response to detecting a setup event, the SDN element 112 can inform its SDN controller 114. The SDN controller 114, in turn, can assign the media server(s) 118 to be utilized to serve media data (e.g., audio and video) for the video conference. Alternatively, the SDN controller 114 can inform the service orchestrator 120 to assign the media server(s) 118 for the video conference and Figure 1A in which user devices have an input and output of media flow, and Figure 7A and Column 15, lines 17 – 24, The video conferencing client.sub.2 702B can then initiate communication (generally shown at 708) with the video conferencing client.sub.1 702A. Two media channels and two control channels are then established between the video conferencing clients 702A, 702B. One media channel and one control channel are established for each direction of communication). Regarding Claim 13, Yang teaches The network conference convergence method according to claim 10, wherein transmitting, by the first client and the second client, the data through the cloud server comprises: sending, by the first client, a first video stream and a first audio stream which are acquired to the cloud server through a first conference server (see Yang Column 10, lines 24 – 34, The SDN elements 112 can inspect traffic flowing between the RANs 122 and the EPCs 126 to detect traffic associated with GPRS tunneling protocol (“GTP”) tunnel set up specifically for a video conference (referred to as a “setup event”). In response to detecting a setup event, the SDN element 112 can inform its SDN controller 114. The SDN controller 114, in turn, can assign the media server(s) 118 to be utilized to serve media data (e.g., audio and video) for the video conference. Alternatively, the SDN controller 114 can inform the service orchestrator 120 to assign the media server(s) 118 for the video conference and Figure 1A in which user devices have an input and output of media flow, and Figure 7A and Column 15, lines 17 – 24, The video conferencing client.sub.2 702B can then initiate communication (generally shown at 708) with the video conferencing client.sub.1 702A. Two media channels and two control channels are then established between the video conferencing clients 702A, 702B. One media channel and one control channel are established for each direction of communication); and sending, by the cloud server, the first video stream and the first audio stream to the second client (see Yang Column 10, lines 24 – 34, The SDN elements 112 can inspect traffic flowing between the RANs 122 and the EPCs 126 to detect traffic associated with GPRS tunneling protocol (“GTP”) tunnel set up specifically for a video conference (referred to as a “setup event”). In response to detecting a setup event, the SDN element 112 can inform its SDN controller 114. The SDN controller 114, in turn, can assign the media server(s) 118 to be utilized to serve media data (e.g., audio and video) for the video conference. Alternatively, the SDN controller 114 can inform the service orchestrator 120 to assign the media server(s) 118 for the video conference and Figure 1A in which user devices have an input and output of media flow, and Figure 7A and Column 15, lines 17 – 24, The video conferencing client.sub.2 702B can then initiate communication (generally shown at 708) with the video conferencing client.sub.1 702A. Two media channels and two control channels are then established between the video conferencing clients 702A, 702B. One media channel and one control channel are established for each direction of communication). Regarding Claim 14, Yang teaches The network conference convergence method according to claim 10, wherein transmitting, by the first client and the second client, the data through the cloud server comprises: sending, by the first client, a first video stream and a first audio stream which are acquired to the cloud server through a first conference server (see Yang Column 10, lines 24 – 34, The SDN elements 112 can inspect traffic flowing between the RANs 122 and the EPCs 126 to detect traffic associated with GPRS tunneling protocol (“GTP”) tunnel set up specifically for a video conference (referred to as a “setup event”). In response to detecting a setup event, the SDN element 112 can inform its SDN controller 114. The SDN controller 114, in turn, can assign the media server(s) 118 to be utilized to serve media data (e.g., audio and video) for the video conference. Alternatively, the SDN controller 114 can inform the service orchestrator 120 to assign the media server(s) 118 for the video conference and Figure 1A in which user devices have an input and output of media flow, and Figure 7A and Column 15, lines 17 – 24, The video conferencing client.sub.2 702B can then initiate communication (generally shown at 708) with the video conferencing client.sub.1 702A. Two media channels and two control channels are then established between the video conferencing clients 702A, 702B. One media channel and one control channel are established for each direction of communication); and sending, by the cloud server, the first video stream and the first audio stream to the second client (see Yang Column 10, lines 24 – 34, The SDN elements 112 can inspect traffic flowing between the RANs 122 and the EPCs 126 to detect traffic associated with GPRS tunneling protocol (“GTP”) tunnel set up specifically for a video conference (referred to as a “setup event”). In response to detecting a setup event, the SDN element 112 can inform its SDN controller 114. The SDN controller 114, in turn, can assign the media server(s) 118 to be utilized to serve media data (e.g., audio and video) for the video conference. Alternatively, the SDN controller 114 can inform the service orchestrator 120 to assign the media server(s) 118 for the video conference and Figure 1A in which user devices have an input and output of media flow, and Figure 7A and Column 15, lines 17 – 24, The video conferencing client.sub.2 702B can then initiate communication (generally shown at 708) with the video conferencing client.sub.1 702A. Two media channels and two control channels are then established between the video conferencing clients 702A, 702B. One media channel and one control channel are established for each direction of communication). Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1 – 6 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (U.S. Patent No. 9,621,853 B1, hereinafter “Yang”) in view of Zhou et al. (E.P. Pub. No. 2590376, hereinafter “Zhou”). Regarding Claim 1, Yang teaches A network conference convergence system (see Yang Abstract, Concepts and technologies disclosed herein are directed to service orchestration to support cloud-based, multi-party video conferencing service in a virtual overlay network environment), comprising: a first client (see Yang Figure 1A, user device 1, item 108A), a second client (see Yang Figure 1A, user device 2, item 108B), and a cloud server (see Yang Figure 1A – 1 B, media server); wherein the first client is installed with a first conference application and a cloud conference application (see Yang Column 12, lines 56 – 64, The illustrated embodiment of the user device 108 includes a web browser application 502, a video conferencing service application 504, a VM container 506, and virtual network layer system software 508. The user device 108 can execute the web browser application 502, the video conferencing service application 504, the VM container 506, and the virtual network layer system software 508 via one or more processing components, such as, for example, the processor best shown in FIG. 19, Column 13, lines 24 – 33, A user can sign up for the video conferencing service through the web browser application 502 or the video conferencing service application 504. In either case, a customer sign up request (generally shown at 510) can be generated and sent to the video conferencing service orchestrator 120. After the user signs up for the video conferencing service, the service orchestrator 120 provides (generally shown at 512) the virtual network layer system software 508 to the user device 108, and the user device 108 installs the virtual network layer system software 508), the second client is installed with a second conference application and the cloud conference application, and the cloud server is installed with the first conference application and the second conference application (see Yang Column 12, lines 56 – 64, The illustrated embodiment of the user device 108 includes a web browser application 502, a video conferencing service application 504, a VM container 506, and virtual network layer system software 508. The user device 108 can execute the web browser application 502, the video conferencing service application 504, the VM container 506, and the virtual network layer system software 508 via one or more processing components, such as, for example, the processor best shown in FIG. 19, Column 13, lines 24 – 33, A user can sign up for the video conferencing service through the web browser application 502 or the video conferencing service application 504. In either case, a customer sign up request (generally shown at 510) can be generated and sent to the video conferencing service orchestrator 120. After the user signs up for the video conferencing service, the service orchestrator 120 provides (generally shown at 512) the virtual network layer system software 508 to the user device 108, and the user device 108 installs the virtual network layer system software 508, as applied to the second client); wherein the first client is configured to create or enter a first virtual conference through the first conference application and send a first join request to the cloud server through the cloud conference application, and the cloud server is configured to join the first virtual conference through the first conference application according to the first join request (see Yang Column 13, lines 24 – 33, A user can sign up for the video conferencing service through the web browser application 502 or the video conferencing service application 504. In either case, a customer sign up request (generally shown at 510) can be generated and sent to the video conferencing service orchestrator 120. After the user signs up for the video conferencing service, the service orchestrator 120 provides (generally shown at 512) the virtual network layer system software 508 to the user device 108, and the user device 108 installs the virtual network layer system software 508 and Column 11, lines 31 – 48, One of the users 210—the user.sub.1 210A for the remainder of this example—initiates a video conference and causes a service request to be sent to the service orchestrator 120. In the meantime, a VM corresponding to the specific type of conference is booted up—that is, the VM.sub.1 206A in the illustrated example. The service orchestrator 120 then assigns a closest controller, such as the SDN controller 114 in the illustrated example, and a media server, such as the media server 118 in the illustrated example, for servicing the conference. The video conferencing service client agent.sub.1 208A and the SDN controller 114 then establish a dedicated tunnel for controlling the video conferencing service through the appropriate VM network agents 204, which include the VM network agent.sub.1 204A and the VM network agent.sub.2 204B in the illustrated example. The VM network agents 204 can implement any networking function that is required based upon the hosting environment); wherein the second client is configured to create or enter a second virtual conference through the second conference application and send a second join request to the cloud server through the cloud conference application, and the cloud server is further configured to join the second virtual conference through the second conference application according to the second join request (see Yang Column 13, lines 24 – 33, A user can sign up for the video conferencing service through the web browser application 502 or the video conferencing service application 504. In either case, a customer sign up request (generally shown at 510) can be generated and sent to the video conferencing service orchestrator 120. After the user signs up for the video conferencing service, the service orchestrator 120 provides (generally shown at 512) the virtual network layer system software 508 to the user device 108, and the user device 108 installs the virtual network layer system software 508 and Column 11, lines 31 – 48, One of the users 210—the user.sub.1 210A for the remainder of this example—initiates a video conference and causes a service request to be sent to the service orchestrator 120. In the meantime, a VM corresponding to the specific type of conference is booted up—that is, the VM.sub.1 206A in the illustrated example. The service orchestrator 120 then assigns a closest controller, such as the SDN controller 114 in the illustrated example, and a media server, such as the media server 118 in the illustrated example, for servicing the conference. The video conferencing service client agent.sub.1 208A and the SDN controller 114 then establish a dedicated tunnel for controlling the video conferencing service through the appropriate VM network agents 204, which include the VM network agent.sub.1 204A and the VM network agent.sub.2 204B in the illustrated example. The VM network agents 204 can implement any networking function that is required based upon the hosting environment); wherein the cloud server is further configured to receive a conference room creation request sent by the first client or the second client, create a virtual conference room according to the conference room creation request, and add the first virtual conference and the second virtual conference to the virtual conference room (see Yang Column 13, lines 34 – 54, After the virtual network layer system software 508 is installed on the user device 108, a service request (generally shown at 514) can be generated and sent to the service orchestrator 120. The service request can instruct the service orchestrator 120 to set up a specific type of video conference. The type of video conference can be a 1-1 video conference, wherein the SDN controller 114 creates a point-to-point configuration (best shown in FIG. 4A) between each client participating in the 1-1 video conference. The type of video conference can be a 1-N video conference, wherein the SDN controller 114 creates a tree configuration (best shown in FIG. 4B) between the client participating in the video conference as the speaker and N media servers associated with N clients participating in the video conference as listeners. The type of video conference can be an N-N video conference, wherein the SDN controller 114 instructs all (N) participating clients to set up a bridge configuration (best shown in FIG. 4C) between the N clients participating in the video conference as speakers/listeners (i.e., everyone can speak) and Figure 10, in which a customer (one of the customers 806) sends request to service orchestrator to initiate of a video conference, and a VM corresponding to the specific type of conference is booted up); and wherein the first client and the second client are further configured to transmit data through the virtual conference room (see Yang Column 10, lines 24 – 34, The SDN elements 112 can inspect traffic flowing between the RANs 122 and the EPCs 126 to detect traffic associated with GPRS tunneling protocol (“GTP”) tunnel set up specifically for a video conference (referred to as a “setup event”). In response to detecting a setup event, the SDN element 112 can inform its SDN controller 114. The SDN controller 114, in turn, can assign the media server(s) 118 to be utilized to serve media data (e.g., audio and video) for the video conference. Alternatively, the SDN controller 114 can inform the service orchestrator 120 to assign the media server(s) 118 for the video conference and Figure 1A in which user devices have an input and output of media flow). Yang does not expressively teach wherein the first conference application is different from the second conference application; However, Zhou teaches wherein the first conference application is different from the second conference application (see Zhou Paragraph [0010], convergence of two different conference platforms); It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of a network conference convergence system comprising a first and second client and a cloud server, in which each client has a [first and second] conference application (as taught in Yang), with a first conference application being different than a second conference application (as taught in Zhou), the motivation being to eliminate limitations of video conferencing by a single application and expanding to cross-platform conferencing which thus increases inclusivity and broadens capabilities across locations, companies, and devices (see Zhou Paragraphs [0004] – [0006]). Regarding Claim 2, Yang in view of Zhou teaches The system according to claim 1, wherein the first client and the second client are configured to transmit the data through the virtual conference room in a following manner: the first client is configured to send a first video stream and a first audio stream which are acquired to the first virtual conference of the cloud server, the first virtual conference is used for forwarding the first video stream and the first audio stream to the second virtual conference, and the second virtual conference is used for sending the first video stream and the first audio stream to the second client (see Yang Figure 5, in which each user device (108A – 108N) has a VM container and a video conferencing service application, and Column 14, lines 15 – 18, After the setup process described above, the selected video conference service can be instantiated and media 524 (e.g., audio and video) associated with the video conference can be presented via the VM container 506); and the second client is configured to send a second video stream and a second audio stream which are acquired to the second virtual conference of the cloud server, the second virtual conference is further used for forwarding the second video stream and the second audio stream to the first virtual conference, and the first virtual conference is also used for sending the second video stream and the second audio stream to the first client (see Yang Figure 5, in which each user device (108A – 108N) has a VM container and a video conferencing service application, and Column 14, lines 15 – 18, After the setup process described above, the selected video conference service can be instantiated and media 524 (e.g., audio and video) associated with the video conference can be presented via the VM container 506). Regarding Claim 3, Yang in view of Zhou teaches The system according to claim 2, wherein the first virtual conference is used for sending the first video stream to the second virtual conference through a virtual camera channel and forwarding the first audio stream to the second virtual conference through a virtual microphone channel (see Yang Figure 7A and Column 15, lines 17 – 24, The video conferencing client.sub.2 702B can then initiate communication (generally shown at 708) with the video conferencing client.sub.1 702A. Two media channels and two control channels are then established between the video conferencing clients 702A, 702B. One media channel and one control channel are established for each direction of communication); and wherein the second virtual conference is used for sending the second video stream to the first virtual conference through the virtual camera channel and forwarding the second audio stream to the first virtual conference through the virtual microphone channel (see Yang Figure 7A and Column 15, lines 17 – 24, The video conferencing client.sub.2 702B can then initiate communication (generally shown at 708) with the video conferencing client.sub.1 702A. Two media channels and two control channels are then established between the video conferencing clients 702A, 702B. One media channel and one control channel are established for each direction of communication). Regarding Claim 4, Yang in view of Zhou teaches The system according to claim 2, further comprising: a first conference server and a second conference server; wherein the first client and the second client are configured to transmit the data through the virtual conference room in a following manner: the first client is configured to send the first video stream and first audio stream which are acquired to the first virtual conference of the cloud server through the first conference server, and the first virtual conference is used for sending, through the first conference server, the second video stream and the second audio stream acquired by the second client to the first client (see Yang Column 10, lines 24 – 34, The SDN elements 112 can inspect traffic flowing between the RANs 122 and the EPCs 126 to detect traffic associated with GPRS tunneling protocol (“GTP”) tunnel set up specifically for a video conference (referred to as a “setup event”). In response to detecting a setup event, the SDN element 112 can inform its SDN controller 114. The SDN controller 114, in turn, can assign the media server(s) 118 to be utilized to serve media data (e.g., audio and video) for the video conference. Alternatively, the SDN controller 114 can inform the service orchestrator 120 to assign the media server(s) 118 for the video conference and Figure 1A in which user devices have an input and output of media flow, and Figure 7A and Column 15, lines 17 – 24, The video conferencing client.sub.2 702B can then initiate communication (generally shown at 708) with the video conferencing client.sub.1 702A. Two media channels and two control channels are then established between the video conferencing clients 702A, 702B. One media channel and one control channel are established for each direction of communication); and the second client is configured to send the second video stream and the second audio stream which are acquired to the second virtual conference of the cloud server through the second conference server, and the second virtual conference is used for sending the first video stream and the first audio stream to the second client through the second conference server (see Yang Column 10, lines 24 – 34, The SDN elements 112 can inspect traffic flowing between the RANs 122 and the EPCs 126 to detect traffic associated with GPRS tunneling protocol (“GTP”) tunnel set up specifically for a video conference (referred to as a “setup event”). In response to detecting a setup event, the SDN element 112 can inform its SDN controller 114. The SDN controller 114, in turn, can assign the media server(s) 118 to be utilized to serve media data (e.g., audio and video) for the video conference. Alternatively, the SDN controller 114 can inform the service orchestrator 120 to assign the media server(s) 118 for the video conference and Figure 1A in which user devices have an input and output of media flow, and Figure 7A and Column 15, lines 17 – 24, The video conferencing client.sub.2 702B can then initiate communication (generally shown at 708) with the video conferencing client.sub.1 702A. Two media channels and two control channels are then established between the video conferencing clients 702A, 702B. One media channel and one control channel are established for each direction of communication). Regarding Claim 5, Yang in view of Zhou teaches The system according to claim 1, further comprising: a third client installed with the cloud conference application; wherein the third client is configured to join the first virtual conference or the second virtual conference through the cloud conference application (see Yang Figure 1A, in which there is a third user device, and there can be N number of user devices overall, and Figure 10, in which a customer (one of the customers 806, in which customer 3 or client device 3 can be applied) sends request to service orchestrator to initiate of a video conference, and a VM corresponding to the specific type of conference is booted up and Column 13, lines 24 – 33, A user can sign up for the video conferencing service through the web browser application 502 or the video conferencing service application 504. In either case, a customer sign up request (generally shown at 510) can be generated and sent to the video conferencing service orchestrator 120. After the user signs up for the video conferencing service, the service orchestrator 120 provides (generally shown at 512) the virtual network layer system software 508 to the user device 108, and the user device 108 installs the virtual network layer system software 508 and Column 11, lines 31 – 48, One of the users 210—the user.sub.1 210A for the remainder of this example—initiates a video conference and causes a service request to be sent to the service orchestrator 120. In the meantime, a VM corresponding to the specific type of conference is booted up—that is, the VM.sub.1 206A in the illustrated example. The service orchestrator 120 then assigns a closest controller, such as the SDN controller 114 in the illustrated example, and a media server, such as the media server 118 in the illustrated example, for servicing the conference. The video conferencing service client agent.sub.1 208A and the SDN controller 114 then establish a dedicated tunnel for controlling the video conferencing service through the appropriate VM network agents 204, which include the VM network agent.sub.1 204A and the VM network agent.sub.2 204B in the illustrated example. The VM network agents 204 can implement any networking function that is required based upon the hosting environment); and wherein the first client, the second client, and the third client are further configured to transmit the data through the virtual conference room (see Yang Figures 7A and 7B, in which there are three video conferencing clients and there is a media and control channel established in the video conference). Regarding Claim 6, Yang in view of Zhou teaches The system according to claim 1, wherein the cloud conference application is implemented through one of a web page, a software plug-in, a script, or an application (see Yang Column 5, lines 33 – 37, Turning now to FIGS. 1A and 1B, an illustrative network operating environment 100 in which aspects of the concepts and technologies disclosed herein for service orchestration to support a cloud-based, multi-party video conferencing service (hereinafter “video conferencing service”)). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to PTO-892, Notice of References Cited for a listing of analogous art. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARISSA A JONES whose telephone number is (703)756-1677. The examiner can normally be reached Telework M-F 6:30 AM - 4:00 PM CT. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen can be reached at 5712727503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CARISSA A JONES/Examiner, Art Unit 2691 /DUC NGUYEN/Supervisory Patent Examiner, Art Unit 2691
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Prosecution Timeline

Jun 09, 2023
Application Filed
Jul 09, 2025
Non-Final Rejection mailed — §102, §103
Oct 09, 2025
Response Filed
Nov 12, 2025
Final Rejection mailed — §102, §103
Jan 12, 2026
Response after Non-Final Action

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