DETAILED ACTION
This is in response to Applicants amendment filed 01/09/2026 which has been entered. Claims 1, 3, 8, 10-12, 18 and 20 have been amended. No Claims have been cancelled. No Claims have been added. Claims 1-20 are still pending in this application, with Claims 1 and 11 being independent.
Response to Arguments
Applicant’s arguments with respect to Claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-3 and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Noel et al (2009/0180381 A1) in view of Zhakov et al (2014/0079207 A1).
As per Claims 1 and 11, Noel teaches a system adapted to automatically optimize the routing of incoming calls, the system comprising: a session controller (S-CSCF: Page 2, Paragraph [0022]); a first plurality of servers (Figure 1 – References 102-107; Page 1, Paragraph [0014]); a second plurality of servers (Figure 1 – References 109, 111, 118 and 120; Page 1, Paragraph [0015]); a processor and a non-transitory computer readable medium operably coupled thereto, the computer readable medium comprising a plurality of instructions stored in association therewith that are accessible to, and executable by, the processor (Figure 4 – References 402, 404 and 405; Page 4, Paragraphs [0055] and [0056]).
(Note: In paragraph [0022], Noel describes a Serving – Call Session Control Function as a network element responsible for, among other things, the processing of call control signaling messages [SIP INVITE received from user terminal to establish a call – i.e. incoming call] and indicates it may be contained or implemented within a session initiation protocol [SIP] server. In paragraph [0014], Noel indicates that endpoint devices may include servers, routers and the like [i.e. first plurality of media servers]. In paragraph [0015], Noel indicates that network elements may include servers, routers, media gateways, switches and the like)
Noel also teaches regularly polling the first plurality of servers to determine a first group of most-available servers (Figure 3 – References 310 and 320; Page 2, Paragraphs [0024] – [0028]; Page 4, Paragraphs [0045] and [0046]); regularly polling the second plurality of servers to determine a second group of most-available servers (Figure 3 – References 310 and 320; Page 2, Paragraphs [0024] – [0028]; Page 4, Paragraphs [0045] and [0046]).
(Note: In paragraph [0024], Noel describes each S-CSCF server periodically measure and tracking the capacity of other S-CSCF resources [i.e. polling first and second pluralities of media servers for their current utilization]. In paragraph [0025], Noel indicates that S-CSCF servers within a network may broadcast their capacity to all other S-CSCF servers enabling each S-CSCF server to maintain a list of S-CSCF servers and their respective capacities)
(Note: In paragraph [0026], Noel describes S-CSCF servers sending their utilization information to a master S-CSCF server, a home subscriber server [HSS] or other SIP server which maintains and distributes the utilization list as required. In paragraph [0027], Noel indicates values tracked include call volume, packet volume, call/communication duration, etc. In paragraph [0028], Noel describes tracking capacity of other S-CSCF servers expressed as a percentage and indicates analysis or measurements can be made on a predetermined time interval [e.g. every 30 minutes, hourly, etc.])
Noel does not teach a first plurality of non-patron media servers; a second plurality of non-patron media servers; and a point of contact. However, Zhakov teaches a first plurality of non-patron media servers; a second plurality of non-patron media servers; and a point of contact (Figure 1 – Reference 46; Figure 32 – Reference 500b and 516; Page 4, Paragraphs [0058] and [0060]; Page 7, Paragraph [0085]; Page 18, Paragraphs [0224] and [0225]).
(Note: In paragraph [0058], Zhakov describes a remote computing environment that includes a plurality of server types including media servers. Zhakov indicates the servers may be implemented as software on a virtual server/machine that may be dedicated to a single contact center tenant or shared between multiple contact center tenants. In paragraph [0060], Zhakov describes functionality associated with the media server [e.g. delivering media via edge servers/routers, playing hold music, providing greeting messages, etc.])
(Note: In paragraph [0085], Zhakov describes generating of a phone number [e.g. a 1-800 toll free number] by providing parameters that may include among other things an area code, a phrase or other values that a specialized application uses to generate a phone number that serves as a point of contact for routing strategy associated with the enterprise/contact center. In paragraphs [0224] and [0225], Zhakov describes a specific virtual machine [VM] – i.e. multimedia VM that includes one or more instances of a media server. Zhakov indicates that the media server may be an email server, chat server, social media server, etc.)
The combination of Noel and Zhakov teaches when the session controller receives an inbound call from a patron device to the point of contact: selecting a server from the first group of most-available servers or the second group of most-available servers; and connecting the inbound call to the point of contact via the selected server (Noel: S-CSCF: Figure 3 – References 350 and 360; Page 2, Paragraph [0022]; Page 4, Paragraphs [0051] and [0052]).
(Note: As described above, the S-CSCF is responsible for the processing of call control signaling messages. In paragraph [0051], Noel describes a step of selecting a S-CSCF for a particular user equipment [UE] device [i.e. smartphone/telephone]. In paragraph [0052], Noel describes notifying the HSS to re-register the UE with the selected S-CSCF)
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the system and method taught by Noel with the system and method taught by Zhakov to automatically and dynamically adjust computing resources in real-time to match fluctuating demand. In a shared multi-tenant environment this enables tenants to handle unpredictable traffic without the expense of maintaining over-provisioned infrastructure.
As per Claims 2 and 12, Noel teaches wherein the first group of most-available servers or the second group of most-available servers comprises three servers as described in Claim 1.
As per Claims 3 and 13, Noel teaches determining the first group of most-available servers; or determining the second group of most-available servers; or selecting a server from the first group of most-available servers; or selecting a server from the second group of most-available servers involves a workflow comprising at least one rule (Load balancing algorithm: Page 2, Paragraph [0018] and [0031]; Page 3, Paragraphs [0032] and [0034]).
Claim(s) 4-6, 8, 9, 14-16, 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Noel et al (2009/0180381 A1) in view of Zhakov et al (2014/0079207 A1) as applied to Claims 3 and 13 above, and further in view of Pole et al (2024/0095058 A1).
As per Claims 4-6 and 14-16, the combination of Noel and Zhakov teaches the system and method of Claims 3 and 13, wherein the at least one rule comprises a Boolean expression; wherein the operations further comprise: if the Boolean expression is TRUE, performing a first action; and if the Boolean expression is FALSE, performing a second action; and wherein the at least one rule comprises at least one nested rule.
However, Pole teaches wherein the at least one rule comprises a Boolean expression; wherein the operations further comprise: if the Boolean expression is TRUE, performing a first action; and if the Boolean expression is FALSE, performing a second action; and wherein the at least one rule comprises at least one nested rule (Figure 2 – Reference 251; Page 6, Paragraphs [0078] – [0081]).
(Note: In paragraph [0078], Pole describes a rule configuration indicating the rule configuration includes three component parts: 1) “When” component – triggering event, 2) “If” component and 3) “Then” component. The “When” component defines a triggering event which when detected causes a process to check to see whether an action needs to occur and if so what that action is.
In paragraph [0079], Pole indicates that the “If” portion of the rule evaluates a condition through a set of expressions that when evaluated return as a Boolean value of 1 or 0 [i.e. True or False]. Pole describes the use of logical operators [e.g. AND/OR] as well as equality/nonequality operators. In paragraph [0080], Pole describes “Then” component as a series of functional statements causing specific actions to take place in the execution environment)
(Note: In paragraph [0081], Pole describes an additional structure, the “Else” component as being linked to the “If” component. The “Else component includes actions take if the evaluation of the functional syntax of the “If” component is evaluated as False, The Examiner is considering this as reading on the recited nested rule)
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the system and method taught by Noel and Zhakov with the system and method taught by Pole to leverage a plurality of Boolean expression to create complex rules that are easy to maintain and update through the use of a single flat and easily readable code.
As per Claims 8 and 18, the combination of Noel, Zhakov and Pole teaches wherein the first plurality of non-patron media servers and the second plurality of non-patron media servers are located in separate geographic regions. (Note: Applicant’s Specification indicates a patron is a person seeking to contact an agent in one of a plurality of call centers. A patron server would be a server in the call center associated with the POC the patron dials to reach the call center. A non-patron server would be a server not associated with the contact center the patron is seeking to contact by dialing the POC)
(Note: In the multi-tenant contact center, servers are associated with individual tenants. An individual POC [i.e. 1-800 number] is associated with a specific routing strategy and a specific tenant. Any other media server not associated with that media server tied to the POC is a non-patron media server. As shown in Figure 1 of Pole, the cloud portion of the desktop service control plane presents a world map highlighting specific location in a variety of geographic regions. The Examiner is considering each point identified in the map shown in Figure 1 as being a location where a plurality of media servers is located)
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the system and method taught by Noel and Zhakov with the system and method taught by Pole to leverage a plurality of Boolean expression to create complex rules that are easy to maintain and update through the use of a single flat and easily readable code.
As per Claims 9 and 19, the combination of Noel, Zhakov and Pole teaches wherein determining the first group of most-available servers and determining the second group of most-available servers involves searching for least-used servers that are not subject to duress or outage as described in Claims 4-6. (Note: The Examiner is considering the execution of Boolean expressions as described in Claims 4-6 using variables and values taught by Pole enable the searching and identification of least-used servers not subject to duress or outage)
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the system and method taught by Noel and Zhakov with the system and method taught by Pole to leverage a plurality of Boolean expression to create complex rules that are easy to maintain and update through the use of a single flat and easily readable code.
Claim(s) 7 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Noel et al (2009/0180381 A1) in view of Zhakov et al (2014/0079207 A1) as applied to Claims 3 and 13 above, and further in view of Lawson et al (2013/0129068 A1).
As per Claims 7 and 17, the combination of Noel and Zhakov teaches the system and method of Claims 3 and 13; but does not teach wherein the workflow involves preferentially routing the incoming call to a server of the first group of preferred servers or the second group of preferred servers that is geographically closest to a point of origin of the incoming call. However, Lawson teaches preferentially routing the incoming call to a server of the first group of preferred servers or the second group of preferred servers that is geographically closest to a point of origin of the incoming call (Figures 7 and 8 – Reference S320; Page 10, Paragraph [0049]).
(Note: In paragraph [0049], Lawson describes a load balancing call router that identifies a call router [i.e. media server] that should handle the call to optimize the operation of a telephony resource cluster [i.e. plurality of media servers]. The selected media server is typically the one with the lowest utilization other consideration may be factored in which Lawson describes as cost, energy usage, processing capability or other suitable variable which the Examiner is considering as geographic proximity)
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the system and method taught by Noel and Zhakov with the system and method taught by Lawson to reduce network latency and improve overall quality of service due the advantages gained from less signal degradation enhancing service like real-time gaming which relies on higher bandwidth and throughput.
Claim(s) 10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Noel et al (2009/0180381 A1) in view of Zhakov et al (2014/0079207 A1), as applied to Claims 1 and 11 above, and further in view of De Andrade et al (2023/0308901 A1).
As per Claims 10 and 20, the combination of Noel and Zhakov teaches the system and method of Claims 1 and 11. The combination of Noel and Zhakov also teaches connecting the inbound call to the point of contact via the selected server as described above in Claim 1. The combination of Noel and Zhakov does not teach generating a routing detail record containing at least one of a date, a time, an IP address of a device requesting the call, an incoming call ID, an incoming called number, a transaction ID, an SIP response code, information regarding media servers for multiple choice responses, reject reason for reject responses, incoming X-headers, or incoming calling number.
However, De Andrade teaches wherein connecting the inbound call to the point of contact via the selected server involves generating a routing detail record containing at least one of a date, a time, an IP address of a device requesting the call, an incoming call ID, an incoming called number, a transaction ID, an SIP response code, information regarding media servers for multiple choice responses, reject reason for reject responses, incoming X-headers, or incoming calling number (Page 2, Paragraph [0013]; Page 9, Paragraph [0051]).
(Note: In paragraph [0051], De Andrade describes a communication detail records tat include an identifier of a mobile device [i.e. an incoming call ID, an incoming calling, IP address of a device requesting the call, etc.], intended recipient [called number], connection time [i.e. date/time], error flag)
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the system and method taught by Noel and Zhakov with the system and method taught by De Andrade to provide enterprises with crucial insights for managing operations allowing the enterprise to identify strengths and weaknesses within their communication network as well as their consumer strategy so that identified weaknesses may be addressed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Oliver et al (10,701,215 B1), Stolorz et al (7,822,871 B2), Aridor et al (2005/0033794 A1), Kirner et al (2016/0294646 A1) Each of these describes systems and methods of load balancing in combined packet and circuit switched networks.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHARYE POPE whose telephone number is (571)270-5587. The examiner can normally be reached Monday - Friday 8AM - 4PM.
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KHARYE POPE
Primary Examiner
Art Unit 2693
/KHARYE POPE/Primary Examiner, Art Unit 2693