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
1. Applicant's arguments have been fully considered but they are not persuasive.
Applicant argues that the amendments overcome the prior art of record.
Examiner respectfully disagrees.
Examiner notes that the amendments do not follow the guidance provided during the interview 11/12/2025. Examiner noted that the prior art “forking” data would read on the claim language, stating there need to “cease some transmission of the redirected data to the original destination.” (Emphasis added)
Applicant appears to have misunderstood what data transmission needed to be ceased.
The original path comprises a call being received from a first party to the network element and then sent to a second party. Then after a determination is made, the call is redirected from the network element to the server. However, Examiner interprets “redirection” as including a “forking” of the data, i.e. wherein the data is sent to both the original destination (i.e. the second party) and the server.
This was the “cease some transmission of the redirected data to the original destination” that the prior guidance was referring to, i.e. the transmission of the media flow to the second party must be terminated in coordination with the media flow being transmitted to the server.
Otherwise, the prior art continues to teach the claims, as the data being forked to server in addition to the second party would read on the claims.
Furthermore, the amendments have created a 112(b) issue as it is not clear how the “media flow previously established from the server to the network element and from the network element to the server” are redirected to the “original path” given that the original path only comprised a path from the network element to the second party, i.e. there is no corresponding “second party to the network element” portion of the original path.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
2. Claims 1-20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 1 recites “and redirecting the media flow previously established from the server to the network element and from the network element to the server to the original path of the call.”
The limitation is unclear because the “original path” only corresponded to a path from the network element to the second party. However, the original path did not comprise a path from the second party to the network element.
The claim is therefore unclear as to how this redirected flow is expected to be handled, i.e. does it continue from the second party to the network element or does it merely cease.
Claims 2-20 are rejected for the same reasons as Claim 1.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
3. Claims 1-3, 5-12, 16-17, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ravindranath et al. (US 20230275994 A1) in view of Zhu et al. (US 20150046591 A1).
Claim 1 Ravindranath teaches a network element for use in a telephony network, the network element comprising:
a processor; (FIG. 4, processor 402, ¶0038)
a memory (FIG. 4, memory 404, ¶0038) storing instructions that, when executed by the processor, cause the network element to perform operations comprising:
receiving a call from a first party, (FIG. 6, steps 616-618, ¶0070, receiving a call from user A) and sending the call to a second party (FIG. 6, step 620, ¶0070, sending the call to user B) on a path referred to as an original path, (Examiner notes that this is non-functional descriptive material without patentable subject matter) the call comprising a signaling flow and a media flow; (¶0011, the call, i.e. the signal flow, can also include media)
determining that a server is to be added to the call by virtue of a message received from the server; (FIG. 6, Call Control 120, ¶0070, determining to insert media server)
adding the server to the call (FIG. 6, step 624, ¶0070, adding media server to the call flow) by redirecting the media flow from the network element to the server, and then from the server to the network element; (FIG. 6, step 624, ¶0070, forking the media to the caption services, wherein the forked element flows to the server then to the network element)
However, Ravindranath does not explicitly teach determining that the server is to be removed from the call by any of:
receiving a request from an orchestrator, receiving information about a failure of the server, receiving information about a performance drop in a communications link between the server and the network element;
in response to determining that the server is to be removed from the call, returning the media flow to the original path of the call; and
maintaining the signaling flow on the original path during the redirecting of the media flow from the network element to the server.
From a related technology, Zhu teaches determining that the server is to be removed (Zhu, FIG. 6, step 207, ¶0048, determining a server is to be remove) from the call by any of:
receiving a request from an orchestrator, (Zhu, FIG. 6, step 206, ¶0048, receiving a request to remove the edge server from the call) receiving information about a failure of the server, receiving information about a performance drop in a communications link between the server and the network element;
in response to determining that the server is to be removed from the call, removing the server from the call and redirecting the media flow previously established from the server to the network element and from the network element to the server (See 112(b), the claim is unclear how to handle traffic from the server to the network element, as there was to correlated path in the original path) to the original path of the call; (Zhu, FIG. 6, step 212, ¶0049, moving the server traffic to its original path; Examiner notes FIG. 4, shows adding of the server wherein FIG. 6 shows its removal from the call, ¶0022 and ¶0024) and
maintaining the signaling flow on the original path during the redirecting of the media flow from the network element to the server and from the server to the network element. (Zhu, ¶0049, wherein the traffic flow is transferred and therefor would be maintained without interruption)
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Ravindranath to incorporate the techniques used in Zhu to determine and implement the removal of servers from a call as in order to more effectively manage network resources.
Claim 2 Ravindranath in view of Zhu teach Claim 1, and further teach wherein the call continues without interruption while the network element is in operation. (Zhu, ¶0049, the traffic flow is transferred and therefor would be maintained without interruption)
Claim 3 Ravindranath in view of Zhu teach Claim 1, and further teach where, prior to determining that the server be added to the call, the network element sends a copy of both the media flow and the signaling flow to the server (Ravindranath, FIG. 6, step 624, ¶0070, forking the media to the caption services, wherein the forked element flows to the server then to the network element) such that the server can determine when to send the message to the network element. (Examiner notes that “such that the server can determine” comprises an intend use statement that does not have patentable weight)
Claim 5 Ravindranath in view of Zhu teach Claim 1, and further teach wherein adding the server to the call enables a call service incorporating artificial intelligence to be applied to the call. (Examiner notes that “enables… to be applied” is an intended use statement that does not have patentable weight, furthermore “enabling” would be broad enough to be met by the generic capability of computing devices to be programmed)
Claim 6 Ravindranath in view of Zhu teach Claim 1, and further teach wherein adding the server comprises adding a cloud computing server. (Ravindranath, ¶0034, wherein the server comprises a cloud computing server)
Claim 7 Ravindranath in view of Zhu teach Claim 1, and further teach wherein adding the server to the call enables fraud detection metrics to be applied to the call. (Examiner notes that “enables… to be applied” is an intended use statement that does not have patentable weight, furthermore “enabling” would be broad enough to be met by the generic capability of computing devices to be programmed)
Claim 8 Ravindranath in view of Zhu teach Claim 1, and further teach wherein adding the server to the call comprises enabling the server to add contextual announcements to the media flow. (Examiner notes that “enables… to add” is an intended use statement that does not have patentable weight, furthermore “enabling” would be broad enough to be met by the generic capability of computing devices to be programmed)
Claim 9 Ravindranath in view of Zhu teach Claim 1, and further teach wherein adding the server to the call enables the server to alter the media flow of the call. (Examiner notes that “enables… to alter” is an intended use statement that does not have patentable weight, furthermore “enabling” would be broad enough to be met by the generic capability of computing devices to be programmed)
Claim 10 Ravindranath in view of Zhu teach Claim 9, and further teach where altering the media flow of the call entails media being added to the media flow in one direction only, such that only one party on the call receives the added media. (Examiner notes that this merely further described the intended use “… to alter” and is an intended use statement that does not have patentable weight)
Claim 11 Ravindranath in view of Zhu teach Claim 1, and further teach wherein adding the server to the call enables the server to translate media originating from the first party and to provide translated media to the second party. (Examiner notes that “enables… to translate… and to provide…” is an intended use statement that does not have patentable weight, furthermore “enabling” would be broad enough to be met by the generic capability of computing devices to be programmed)
Claim 12 Ravindranath teaches a method performed by a network element in a telephony network, the method comprising:
using the network element in an original path of a call, (FIG. 4, network element, ¶0038) the call comprising a signaling flow and a media flow; (¶0011, the call, i.e. the signal flow, can also include media)
receiving a message that indicates a server is to be added to the call; (FIG. 6, Call Control 120, ¶0070, receiving a determination to insert media server)
in response to the message, adding the server to the call by redirecting the media flow from the network element, via the server, whilst keeping the signaling flow along the original path of the call; (FIG. 6, step 624, ¶0070, forking the media to the caption services, wherein the forked element flows to the server then to the network element)
However, Ravindranath does not explicitly teach determining, after adding the server, that the server is to be removed from the call, by receiving a further message or by receiving information about a failure of the server, or by receiving information about a performance drop in a communications link between the server and the network element; and, in response to the determining, returning the media to the original path of the call.
From a related technology, Zhu teaches determining, after adding the server, that the server is to be removed from the call, (Zhu, FIG. 6, step 207, ¶0048, determining a server is to be remove) by receiving a further message (Zhu, FIG. 6, step 206, ¶0048, receiving a request to remove the edge server from the call) or by receiving information about a failure of the server, or by receiving information about a performance drop in a communications link between the server and the network element; and,
in response to the determining, returning the media to the original path of the call. (Zhu, ¶0049, wherein the traffic flow is transferred and therefor would be maintained without interruption)
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Ravindranath to incorporate the techniques used in Zhu to determine and implement the removal of servers from a call as in order to more effectively manage network resources.
Claim 16 Ravindranath in view of Zhu teach Claim 12, and further teach where determining that the server is to be removed from the call comprises receiving the further message at the network element. (Zhu, FIG. 6, step 206, ¶0048, receiving a request to remove the edge server from the call)
Claim 17 Ravindranath in view of Zhu teach Claim 16, and further teach where the further message is received from an orchestration server that monitors the telephony network. (Zhu, FIG. 6, step 206, ¶0048,wherein the device that received the request comprises an orchestration server that monitors the network)
Claim 19 Ravindranath teaches a 5G telephony network comprising:
a network element comprising a processor (FIG. 4, processor 402, ¶0038) and a memory, (FIG. 4, memory 404, ¶0038) the memory storing instructions that, when executed by the processor, cause the network element to perform operations comprising:
determining that a server is to be added to a call (FIG. 6, Call Control 120, ¶0070, determining to insert media server) which is ongoing over a 5G telephony network (¶0086, 5G network) by determining that the call requires call services provided by the server; (FIG. 6, Call Control 120, ¶0070, determining to insert media server for use of the call services)
adding the server to the call by redirecting a media flow of the call to flow from the network element via the server; (FIG. 6, step 624, ¶0070, forking the media to the caption services, wherein the forked element flows to the server then to the network element)
However, Ravindranath does not explicitly teach determining that the server is to be removed from the call by any of: receiving a request from an orchestrator, receiving information about a failure of the server, receiving information about a performance drop in a communications link between the server and the network element;
in response to determining that the server is to be removed from the call, returning the media flow to an original path of the call; and
maintaining the signaling flow on the original path during the redirecting of the media flow from the network element to the server.
From a related technology, Zhu teaches determining that the server is to be removed from the call (Zhu, FIG. 6, step 207, ¶0048, determining a server is to be remove) by any of: receiving a request from an orchestrator, (Zhu, FIG. 6, step 206, ¶0048, receiving a request to remove the edge server from the call) receiving information about a failure of the server, receiving information about a performance drop in a communications link between the server and the network element;
in response to determining that the server is to be removed from the call, returning the media flow to an original path of the call; (Zhu, FIG. 6, step 212, ¶0049, moving the server traffic from to its original path; Examiner notes FIG. 4, shows adding of the server wherein FIG. 6 shows its removal from the call, ¶0022 and ¶0024) and
maintaining the signaling flow on the original path during the redirecting of the media flow from the network element to the server. (Zhu, ¶0049, wherein the traffic flow is transferred and therefor would be maintained without interruption)
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Ravindranath to incorporate the techniques used in Zhu to determine and implement the removal of servers from a call as in order to more effectively manage network resources.
Claim 20 Ravindranath in view of Zhu teach Claim 19, and further teach where the server is added to every call handled by the network element. (Ravindranath, FIG. 6, Call Control 120, ¶0070, determining to insert media server, wherein there is only a single call)
2. Claims 4 and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Ravindranath et al. (US 20230275994 A1) in view of Zhu et al. (US 20150046591 A1) and in view of Honig et al. (US 20140112334 A1).
Claim 4 Ravindranath in view of Zhu teach Claim 1, but does not explicitly teach where the network element is a session border controller.
From a related technology, Honig teaches a session border controller. (¶0005, a session border controller)
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ravindranath in view of Zhu to incorporate Honig to incorporate well-known network elements such as session border controllers in order to more effectively utilize network resources.
Claim 13 Ravindranath in view of Zhu teach Claim 12, but does not explicitly teach where determining that the server is to be removed by receiving information about a failure of the server comprises the network element detecting a problem on the server.
From a related technology, Honig teaches receiving information about a failure of the server comprises the network element detecting a problem on the server. (¶0055, detecting the failure of a server as a network deficiency, i.e. a problem)
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ravindranath in view of Zhu to incorporate Honig to incorporate well-known techniques such as detecting problems such as a failure in a server in order to more effectively utilize network resources.
Claim 14 Ravindranath in view of Zhu and Honig teaches Claim 13, where the problem is failure of the server. (Honig, ¶0055, detecting the failure of a server as a network deficiency, i.e. a problem)
Claim 15 Ravindranath in view of Zhu teach Claim 12, but does not explicitly teach where determining that the server is to be removed comprises receiving information about a performance drop in a communications link between the server and the network element comprises using the network element to detect a degradation in a measure of media quality applied to the media flow.
From a related technology, Honig teaches receiving information about a performance drop in a communications link between the server and the network element comprises using the network element to detect a degradation in a measure of media quality applied to the media flow. (¶0055, detecting a degradation of the quality of conversation or other conversation quality issues)
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ravindranath in view of Zhu to incorporate Honig to incorporate well-known techniques such as detecting problems in quality in order to more effectively utilize network resources.
3. Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Ravindranath et al. (US 20230275994 A1) in view of Zhu et al. (US 20150046591 A1) and in view of Jiang (US 20250240331 A1).
Claim 18 Ravindranath in view of Zhu teach Claim 12, but does not explicitly teach where the media flow is redirected by receiving an a=sendrecv Session Description Protocol attribute instructing the network element to redirect the media.
From a related technology, Jiang teaches receiving an a=sendrecv Session Description Protocol attribute instructing the network element to redirect the media. (¶0013 and ¶0015, receiving a=sendrecv to direct media traffic)
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ravindranath in view of Zhu to incorporate Jiang to incorporate well-known techniques in order to more effectively utilize network resources.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER PALACA CADORNA whose telephone number is (571)270-0584. The examiner can normally be reached M-F 10:00-7:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Follansbee can be reached at (571) 272-3964. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER P CADORNA/Examiner, Art Unit 2444
/JOHN A FOLLANSBEE/Supervisory Patent Examiner, Art Unit 2444
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