DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
2. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
3. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “communication section” and “storage section,” in claims 1 and 11, and “limited full-duplex transmission” in claims 1-9 and 11.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 101
4. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
5. Claim 10 is rejected under 35 U.S.C. 101 as not falling within one of the four statutory categories of invention because the claimed invention is directed to a program per se. See MPEP 2106(I). A claim directed toward a non-transitory computer-readable medium having the program encoded thereon establishes a sufficient functional relationship between the program and a computer so as to remove it from the realm of “program per se”. MPEP 2111.05(III).
Allowable Subject Matter
6. Claims 1-9 and 11 are allowed.
7. The following is a statement of reasons for the indication of allowable subject matter:
i. LV (CN 114567747 A) teaches a communication system comprising mobile communication terminals carried by users within a communication group (fig. 1. Page 5: “ the first client 2 and the second client 5 can be a mobile phone, a computer, a tablet computer, a virtual reality device and so on”. Where the first client 2 has the authority to speak during the group call and the second client 5 does not have the authority to speak during the group call) and a communication server ( user control platform 1 of fig. 1. Page 5: “the media cloud server 3 can be a server, a computer, a computing platform and so on with data receiving and transmitting function data processing device function target CDN4 is a virtual network with data transceiving and data storage function”. Fig. 4, Pages 8 and 9) configured to broadcast utterance voice data received from one of the mobile communication terminals to each of the mobile communication terminals within the communication group (figs. 1, 4. Page 9: “after receiving the speech data sent by the first client terminal by the media cloud server 3, if the speech data only comprises audio data, then the media cloud server 3 can directly send the audio data as the conference data to each first client 1 and target CDN4” ), wherein each of the mobile communication terminals includes: a communication section configured to establish a reception channel for utterance voice data transmitted from the communication server to execute a group calling communication mode (figs. 1, 4, Page 9: “after receiving the speech data sent by the first client terminal by the media cloud server 3, if the speech data only comprises audio data, then the media cloud server 3 can directly send the audio data as the conference data to each first client 1 and target CDN4”), and in response to pressing of an utterance button by the user of the mobile communication terminal during the group calling communication mode, to establish a transmission channel for transmitting utterance voice data to the communication server (figs. 1, 3, 8, Page 8: “the first client through the data transmission channel transmits the speech data to the media cloud server the speech data comprises the audio data and the video data” page 11: “switching request sent by the client to be switched through the signalling channel, the client to be switched is the first client”); to transmit utterance voice data from that user and receive utterance voice data within the communication group simultaneously (figs. 1-9, Pages 8, 9).
Where a server (fig. 1, page 5: “wherein the user control platform 1 can be a server, a computing platform, a computer and so on with signalling transceiving, signalling processing function data processing device function participating in the user is adding the target conference”) includes: a communication section configured to establish a reception channel for utterance voice data transmitted from the communication server to execute a group calling communication mode (fig. 1. Page 5: “The conference data transmission in the conference system can be divided into two parts, namely the conference data transmission for the first client 2, and the conference data transmission for the second client 5,” fig. 3), and in response to pressing of an utterance button by the user of the mobile communication terminal during the group calling communication mode, to establish a transmission channel for transmitting utterance voice data to the communication server (fig. 3, Page 6: “S203, …for the first client 2, before the conference is started, each first client 2 can send the speaking request to the user control platform 1 through the signalling channel, to apply for uploading the speaking data in the conference, the talk request may include device identification.” Page 8: “the first client through the data transmission channel transmits the speech data to the media cloud server the speech data comprises the audio data and the video data” fig. 8. Page 11: S703. Page 12, lines 19-22.), and a storage section configured to store a simultaneous connection upper limit full-duplex transmission within the communication group ( fig. 3, Page 6: “S203…” Page 8: “The preset speech rules may also be less than the preset number of speakers. the user control platform 1 obtains the number of the current target first client, if the current target first client number reaches the preset number of speakers, then the user control platform 1 to the subsequent received speech request generating prohibiting speech instruction,) and a full-duplex transmission log including simultaneously connecting users and the number of simultaneously connecting users (fig. 3, Page 6: Page 6: “user control platform 1 may pre-set some speech rules, so as to prevent excessive number of the speakers, and the bandwidth resource occupies the pressure.” Page 7:” For example, the preset number of speakers is 4, according to the reservation rule, setting the number of open speakers is 2, then allowing the user of the common identity to speak at most 2, when the number of the user of the common identity of the speech reaches 2, then prohibiting other common identity of the user speaking, at this time, It can directly appoint user speaking with special identity.” Page 8, lines 1-5); and a limited full-duplex transmission control section configured to perform limited full- duplex transmission control not to permit speech right/privilege based on the full-duplex transmission log and the simultaneous connection upper limit (Page 7:” For example, the preset number of speakers is 4, according to the reservation rule, setting the number of open speakers is 2, then allowing the user of the common identity to speak at most 2, when the number of the user of the common identity of the speech reaches 2, then prohibiting other common identity of the user speaking, at this time, It can directly appoint user speaking with special identity.” Page 8: “The preset speech rules may also be less than the preset number of speakers. the user control platform 1 obtains the number of the current target first client, if the current target first client number reaches the preset number of speakers, then the user control platform 1 to the subsequent received speech request generating prohibiting speech instruction).
However, LV does not explicitly teach wherein each of the mobile communication terminals includes: a communication section configured to in response to pressing of an utterance button by the user of the mobile communication terminal during the group calling communication mode, to establish a transmission channel for transmitting utterance voice data to the communication server independently of the established reception channel; a storage section configured to store a simultaneous connection upper limit full-duplex transmission within the communication group and a full-duplex transmission log including simultaneously connecting users and the number of simultaneously connecting users; and a limited full-duplex transmission control section configured to perform limited full- duplex transmission control not to permit establishment of the transmission channel based on the full-duplex transmission log and the simultaneous connection upper limit.
ii. Amano et al. (JP 2010/033569 A, hereinafter “Amano”) teaches a communication system comprising mobile communication terminals carried by users within a communication group (figs. 1, 2, Abstract) and a communication server (100 of figs. 1, 2) configured to broadcast utterance voice data received from one of the mobile communication terminals to each of the mobile communication terminals within the communication group (figs. 1, 2), wherein each of the mobile communication terminals includes: a communication section configured to establish a reception channel for utterance voice data transmitted from the communication server to execute a group calling communication mode (figs. 1, 2, Abstract), and in response to pressing of an utterance button by the user of the mobile communication terminal during the group calling communication mode, to establish a transmission channel for transmitting utterance voice data to the communication server (figs. 1, 2, Abstract); to transmit utterance voice data from that user and receive utterance voice data within the communication group (figs. 1-4, Abstract)
Where a server (the management server 100 of figs. 1, 2, Abstract) includes: a communication section configured to establish a reception channel for utterance voice data transmitted from the communication server to execute a group calling communication mode (figs. 1, 2, Abstract), and in response to pressing of an utterance button by the user of the mobile communication terminal during the group calling communication mode, to establish a transmission channel for transmitting utterance voice data to the communication server (figs. 1, 2, Abstract), and a storage section configured to store a simultaneous connection upper limit full-duplex transmission within the communication group (figs. 1, 2, Abstract) and a full-duplex transmission log including simultaneously connecting users and the number of simultaneously connecting users (figs. 1, 2, Abstract); and a limited full-duplex transmission control section configured to perform limited full- duplex transmission control not to permit more than upper limit full-duplex transmission within the communication group based on the full-duplex transmission log and the simultaneous connection upper limit (figs. 1, 2, Abstract. Page 6: when an allowable number of utterance rights has already been used. A process is performed in which one person who currently has the right to speak is chased out and, instead, a person who has issued a new acquisition request for the right to speak is placed in that group, that is, a replacement process.).
However, Amano does not explicitly teach wherein each of the mobile communication terminals includes: a communication section configured to in response to pressing of an utterance button by the user of the mobile communication terminal during the group calling communication mode, to establish a transmission channel for transmitting utterance voice data to the communication server independently of the established reception channel; a storage section configured to store a simultaneous connection upper limit full-duplex transmission within the communication group and a full-duplex transmission log including simultaneously connecting users and the number of simultaneously connecting users; and a limited full-duplex transmission control section configured to perform limited full- duplex transmission control not to permit establishment of the transmission channel based on the full-duplex transmission log and the simultaneous connection upper limit.
iii. Tomimori (US 2006/0265451 A1) teaches a communication system comprising mobile communication terminals carried by users within a communication group (figs. 1,) and a communication server (server apparatus 1 of figs. 1, ¶ [0032], a server apparatus 1 for making the session establishment, data distribution and floor control, a network 2 and a terminal device 3-i (i=1, 2, 3, . . . )) configured to broadcast utterance voice data received from one of the mobile communication terminals to each of the mobile communication terminals within the communication group (figs. 1, 2, ¶ [0032], ¶ [0035]), wherein each of the mobile communication terminals includes: a communication section configured to establish a reception channel for utterance voice data transmitted from the communication server to execute a group calling communication mode (figs. 1, 3 ), and in response to pressing of an utterance button by the user of the mobile communication terminal during the group calling communication mode, to establish a transmission channel for transmitting utterance voice data to the communication server (figs. 3, 5, ¶ [0056], when the user of the terminal device A tries to transmit the data belonging to the media group "MG1", the user requests the floor control means 35 to acquire the floor for the media group "MG1" via the input unit 31 and the user interface 33 ); to transmit utterance voice data from that user and receive utterance voice data within the communication group (figs. 4, 5, )
Where a server (server apparatus of figs. 1,) includes: a communication section configured to establish a reception channel for utterance voice data transmitted from the communication server to execute a group calling communication mode (figs. 1, 2, 4, 5), and in response to pressing of an utterance button by the user of the mobile communication terminal during the group calling communication mode, to establish a transmission channel for transmitting utterance voice data to the communication server (figs. 2, 5, ¶ [0057], ¶ [0058]), and a storage section configured to store a simultaneous connection upper limit full-duplex transmission within the communication group (figs. 2, 5) and a full-duplex transmission log including simultaneously connecting users and the number of simultaneously connecting users (figs. 2, 5, ¶ [0058], ¶ [0059], the floor control means 13 acquires the number of floors granted currently to users among the floors allocated to the media group (media group ID="MG1") ); and a limited full-duplex transmission control section configured to perform limited full- duplex transmission control not to permit more than upper limit full-duplex transmission within the communication group based on the full-duplex transmission log and the simultaneous connection upper limit (figs. 2, 5, ¶ [0058], the floor control means 13 retrieves the floor control policy storage part 15, and acquires the total number of floors allocated to the media group (media group ID="MG1"). ¶ [0059], the floor control means 13 acquires the number of floors granted currently to users among the floors allocated to the media group (media group ID="MG1"). ¶ [0060], the floor control means 13 notifies the refusal of floor acquirement to the terminal device A, if the number of granted floors is equal to the total number of floors).
However, Tomimori does not explicitly teach wherein each of the mobile communication terminals includes: a communication section configured to in response to pressing of an utterance button by the user of the mobile communication terminal during the group calling communication mode, to establish a transmission channel for transmitting utterance voice data to the communication server independently of the established reception channel; a storage section configured to store a simultaneous connection upper limit full-duplex transmission within the communication group and a full-duplex transmission log including simultaneously connecting users and the number of simultaneously connecting users; and a limited full-duplex transmission control section configured to perform limited full- duplex transmission control not to permit establishment of the transmission channel based on the full-duplex transmission log and the simultaneous connection upper limit.
iv. Jang et al. (US 10,856,144 B2, hereinafter “Jang”) teaches a method, performed by a server, of transmitting and receiving data, in which, as a transmission authority request is received from at least one terminal from among a plurality of terminals connected to the server, a number of transmitting terminals previously determined by the server is compared with a maximum number of transmitting terminals allowable by the server, in response to the transmission authority request, and a transmission authority of the at least one terminal is determined based on a result of the comparing. When number of pre-determined transmitting terminals equals to maximum number of transmitting terminals, the transmission authority is not allowed to the terminal requesting transmission authority (abstract, figs. 1-7).
However, Jang does not explicitly teach wherein each of the mobile communication terminals includes: a communication section configured to in response to pressing of an utterance button by the user of the mobile communication terminal during the group calling communication mode, to establish a transmission channel for transmitting utterance voice data to the communication server independently of the established reception channel; a storage section configured to store a simultaneous connection upper limit full-duplex transmission within the communication group and a full-duplex transmission log including simultaneously connecting users and the number of simultaneously connecting users; and a limited full-duplex transmission control section configured to perform limited full- duplex transmission control not to permit establishment of the transmission channel based on the full-duplex transmission log and the simultaneous connection upper limit.
Conclusion
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/MANDISH K RANDHAWA/Primary Examiner, Art Unit 2477