DETAILED ACTION
Status of Claims:
Claims 1 – 20 are pending. This rejection is FINAL.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 10/21/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Arguments
Applicant's arguments in the amendments, filed 10/29/2025, have been fully considered but they are not persuasive. The reasons set forth below.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1 – 3, 5 – 6, 8 – 10, 12 – 13, 15 – 17, and 19 – 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Levien (US 9762524).
As per claim 1, a method comprising:
establishing, by a server device, a group communication session for two or more electronic devices utilizing a first communication modality (Remote communication device 102R or remote user 104R may be participating in at least one communication with local communication device 102L or local user 104L via one or more channels 108 … remote communication modality 106R and local communication modality 106L may comprise a same one or more communication modalities, See Col. 3, Line 35 – Col. 4, Line 6 … Remote user 104R may be interacting with remote communication device 102R via at least one first communication modality 106-1, See Col. 4, Lines 44 - 61);
determining, by the server device, to utilize a second communication modality for the group communication session (A local communication device 102L may receive one or more signals via a channel 108 that indicate that a remote user 104R has elected to migrate a communication to a single-modality communication corresponding to a second communication modality 106-2 as selected by a local user 104L or indicated by at least one intimacy setting 204 or that indicate that an intermediate node has migrated or is prepared to migrate a communication, See Col. 21, Lines 31 - 55); and
transitioning, by the server device, the group communication session from the first communication modality to the second communication modality (A local user 104L may be empowered to switch form interacting with a local communication device 102L via a first communication modality 106-1 to interacting via a second communication modality 106-2 during a communication by adjusting at least one intimacy setting 204 (e.g., via a user input interface 516a) during the communication, See Col. 24, Line 65 – Col. 25, Line 23).
As per claim 2, the method of claim 1, wherein transitioning the group communication session from the first communication modality to the second communication modality further comprises transitioning the group communication session to utilizing the second communication modality in lieu of the first communication modality (A local user 104L may be empowered to switch form interacting with a local communication device 102L via a first communication modality 106-1 to interacting via a second communication modality 106-2 during a communication by adjusting at least one intimacy setting 204 (e.g., via a user input interface 516a) during the communication, See Col. 24, Line 65 – Col. 25, Line 23).
As per claim 3, the method of claim 1, wherein transitioning the group communication session from the first communication modality to the second communication modality further comprises transitioning the group communication session to utilizing the second communication modality in addition to the first communication modality (A local communication device 102L may transmit one or more signals to remote communication device 102R, an intermediate node along channel 108, a combination thereof, etc. providing notification that a communication may be effectuated using at least two communication modalities 106 … receiving one or more confirmation signals that indicate that the communication is to be effectuated as a mixed-modality communication corresponding to the first communication modality and to the second communication modality, See Col. 20, Line 44 – Col. 21, Line 30).
As per claim 5, the method of claim 1, wherein the first communication modality comprises at least one of messaging, audio, or video, and the second communication modality comprises at least one other of messaging, audio or video (A communication may be conducted wherein the first communication modality and the second communication modality comprise different communication modalities selected from a group of communication modalities comprising: voice communication, textual communication, or video communication, See Col. 20, lines 27 - 43).
As per claim 6, the method of claim 1, wherein determining, by the server device, to utilize the second communication modality for the group communication session comprises:
receiving, by the server device, a request initiated by at least one of the two or more electronic devices to transition from the first communication modality to the second communication modality (An operation 740 may be directed at least partially to receiving from a remote communication device at least one other message to continue the communication, the at least one other message offering to alter at least one communication modality for the communication … a message may request that a communication be migrated fully to a second communication modality, See Col. 33, Line 53 – Col. 34, Line 13).
As per claim 8, a non-transitory machine readable medium comprising instructions that, when executed by one or more processors, cause the one or more processors to perform operations comprising:
establishing, by a server device, a group communication session for two or more electronic devices utilizing a first communication modality (Remote communication device 102R or remote user 104R may be participating in at least one communication with local communication device 102L or local user 104L via one or more channels 108 … remote communication modality 106R and local communication modality 106L may comprise a same one or more communication modalities, See Col. 3, Line 35 – Col. 4, Line 6 … Remote user 104R may be interacting with remote communication device 102R via at least one first communication modality 106-1, See Col. 4, Lines 44 - 61);
determining, by the server device, to utilize a second communication modality for the group communication session (A local communication device 102L may receive one or more signals via a channel 108 that indicate that a remote user 104R has elected to migrate a communication to a single-modality communication corresponding to a second communication modality 106-2 as selected by a local user 104L or indicated by at least one intimacy setting 204 or that indicate that an intermediate node has migrated or is prepared to migrate a communication, See Col. 21, Lines 31 - 55); and
transitioning, by the server device, the group communication session from the first communication modality to the second communication modality (A local user 104L may be empowered to switch form interacting with a local communication device 102L via a first communication modality 106-1 to interacting via a second communication modality 106-2 during a communication by adjusting at least one intimacy setting 204 (e.g., via a user input interface 516a) during the communication, See Col. 24, Line 65 – Col. 25, Line 23).
As per claim 9, the non-transitory machine readable medium of claim 8, wherein transitioning the group communication session from the first communication modality to the second communication modality further comprises transitioning the group communication session to utilizing the second communication modality in lieu of the first communication modality (A local user 104L may be empowered to switch form interacting with a local communication device 102L via a first communication modality 106-1 to interacting via a second communication modality 106-2 during a communication by adjusting at least one intimacy setting 204 (e.g., via a user input interface 516a) during the communication, See Col. 24, Line 65 – Col. 25, Line 23)..
As per claim 10, the non-transitory machine readable medium of claim 8, wherein transitioning the group communication session from the first communication modality to the second communication modality further comprises transitioning the group communication session to utilizing the second communication modality in addition to the first communication modality (A local communication device 102L may transmit one or more signals to remote communication device 102R, an intermediate node along channel 108, a combination thereof, etc. providing notification that a communication may be effectuated using at least two communication modalities 106 … receiving one or more confirmation signals that indicate that the communication is to be effectuated as a mixed-modality communication corresponding to the first communication modality and to the second communication modality, See Col. 20, Line 44 – Col. 21, Line 30).
As per claim 12, the non-transitory machine readable medium of claim 8, wherein the first communication modality comprises at least one of messaging, audio, or video, and the second communication modality comprises at least one other of messaging, audio or video (A communication may be conducted wherein the first communication modality and the second communication modality comprise different communication modalities selected from a group of communication modalities comprising: voice communication, textual communication, or video communication, See Col. 20, lines 27 - 43).
As per claim 13, the non-transitory machine readable medium of claim 8, wherein determining, by the server device, to utilize the second communication modality for the group communication session comprises:
receiving, by the server device, a request initiated by at least one of the two or more electronic devices to transition from the first communication modality to the second communication modality (An operation 740 may be directed at least partially to receiving from a remote communication device at least one other message to continue the communication, the at least one other message offering to alter at least one communication modality for the communication … a message may request that a communication be migrated fully to a second communication modality, See Col. 33, Line 53 – Col. 34, Line 13).
As per claim 15, a device comprising:
a memory; and
at least one processor configured to:
establish a group communication session for two or more electronic devices utilizing a first communication modality (Remote communication device 102R or remote user 104R may be participating in at least one communication with local communication device 102L or local user 104L via one or more channels 108 … remote communication modality 106R and local communication modality 106L may comprise a same one or more communication modalities, See Col. 3, Line 35 – Col. 4, Line 6 … Remote user 104R may be interacting with remote communication device 102R via at least one first communication modality 106-1, See Col. 4, Lines 44 - 61);
determine to utilize a second communication modality for the group communication session (A local communication device 102L may receive one or more signals via a channel 108 that indicate that a remote user 104R has elected to migrate a communication to a single-modality communication corresponding to a second communication modality 106-2 as selected by a local user 104L or indicated by at least one intimacy setting 204 or that indicate that an intermediate node has migrated or is prepared to migrate a communication, See Col. 21, Lines 31 - 55); and
transition the group communication session from the first communication modality to the second communication modality (A local user 104L may be empowered to switch form interacting with a local communication device 102L via a first communication modality 106-1 to interacting via a second communication modality 106-2 during a communication by adjusting at least one intimacy setting 204 (e.g., via a user input interface 516a) during the communication, See Col. 24, Line 65 – Col. 25, Line 23).
As per claim 16, the device of claim 15, wherein the at least one processor is configured to transition the group communication session from the first communication modality to the second communication modality by transitioning the group communication session to utilizing the second communication modality in lieu of the first communication modality (A local user 104L may be empowered to switch form interacting with a local communication device 102L via a first communication modality 106-1 to interacting via a second communication modality 106-2 during a communication by adjusting at least one intimacy setting 204 (e.g., via a user input interface 516a) during the communication, See Col. 24, Line 65 – Col. 25, Line 23)..
As per claim 17, the device of claim 15, wherein the at least one processor is configured to transition the group communication session from the first communication modality to the second communication modality by transitioning the group communication session to utilizing the second communication modality in addition to the first communication modality (A local communication device 102L may transmit one or more signals to remote communication device 102R, an intermediate node along channel 108, a combination thereof, etc. providing notification that a communication may be effectuated using at least two communication modalities 106 … receiving one or more confirmation signals that indicate that the communication is to be effectuated as a mixed-modality communication corresponding to the first communication modality and to the second communication modality, See Col. 20, Line 44 – Col. 21, Line 30).
As per claim 19, the device of claim 15, wherein the first communication modality comprises at least one of messaging, audio, or video, and the second communication modality comprises at least one other of messaging, audio or video (A communication may be conducted wherein the first communication modality and the second communication modality comprise different communication modalities selected from a group of communication modalities comprising: voice communication, textual communication, or video communication, See Col. 20, lines 27 - 43).
As per claim 20, the device of claim 15, wherein the at least one processor is configured to determine to utilize the second communication modality for the group communication session by receiving a request initiated by at least one of the two or more electronic devices to transition from the first communication modality to the second communication modality (An operation 740 may be directed at least partially to receiving from a remote communication device at least one other message to continue the communication, the at least one other message offering to alter at least one communication modality for the communication … a message may request that a communication be migrated fully to a second communication modality, See Col. 33, Line 53 – Col. 34, Line 13).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 4, 7, 11, 14, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Levien (US 9762524) and in view of Ramamoorthy (US 10200302).
As per claim 4, Levien discloses all limitations of claim 1.
Levien however does not expressly disclose:
wherein establishing, by the server device, the group communication session for the two or more electronic devices utilizing the first communication modality further comprises at least one of: assigning a respective identifier to each of the two or more electronic devices for the group communication session, or generating one or more security keys for the group communication session.
Ramamoorthy discloses:
the method of claim 1, wherein establishing, by the server device, the group communication session for the two or more electronic devices utilizing the first communication modality further comprises at least one of:
assigning a respective identifier to each of the two or more electronic devices for the group communication session (The create session request can include a group identifier that identifies a group of communication sessions that are subject to the same service plan, See Col. 7, Lines 11 - 33), or
generating one or more security keys for the group communication session (Alternative language “at least one of”, does not require prior art citation).
It would have been obvious to an artisan of ordinary skill in the art before the Applicant's effective filing date of the claimed invention to combine Ramamoorthy’s teaching of assigning an identifier to a group communication session, along with establishing a group communication session utilizing a first communication modality to improve Levien’s system. Both Levien and Ramamoorthy disclose systems for group communication sessions. Ramamoorthy’s system includes a group identifier that identifies a group communication session. The combination is an improvement upon the existing system because a group communication session utilizing a first communication modality can be established, as taught by Levien, where the group communication can have an assigned identifier, as taught by Ramamoorthy, to allow allocation of the group communication session using different modalities to continue the session.
As per claim 7, the method of claim 1, wherein establishing, by the server device, the group communication session for the two or more electronic devices utilizing the first communication modality comprises:
receiving, by the server device and from at least one of the two or more electronic devices, an allocation request requesting allocation of the group communication session using the first communication modality (Ramamoorthy, The service plan management module 306 can allocate resources for the UE-B's communication session based on the group service plan. Since the UE-B is in the same group as the UE-A, the service plan management module 306 can associate UE-B's communication session with the same group service plan as UE-A, See Col. 11, Line 64 – Col. 12, Line 7).
As per claim 11, the non-transitory machine readable medium of claim 8, wherein establishing, by the server device, the group communication session for the two or more electronic devices utilizing the first communication modality further comprises at least one of:
assigning a respective identifier to each of the two or more electronic devices for the group communication session (Ramamoorthy, The create session request can include a group identifier that identifies a group of communication sessions that are subject to the same service plan, See Col. 7, Lines 11 - 33), or
generating one or more security keys for the group communication session (Alternative language “at least one of”, does not require prior art citation).
As per claim 14, the non-transitory machine readable medium of claim 8, wherein establishing, by the server device, the group communication session for the two or more electronic devices utilizing the first communication modality comprises:
receiving, by the server device and from at least one of the two or more electronic devices, an allocation request requesting allocation of the group communication session using the first communication modality (Ramamoorthy, The service plan management module 306 can allocate resources for the UE-B's communication session based on the group service plan. Since the UE-B is in the same group as the UE-A, the service plan management module 306 can associate UE-B's communication session with the same group service plan as UE-A, See Col. 11, Line 64 – Col. 12, Line 7).
As per claim 18, the device of claim 15, wherein the at least one processor is configured to establish the group communication session for the two or more electronic devices utilizing the first communication modality by performing at least one of:
assigning a respective identifier to each of the two or more electronic devices for the group communication session (Ramamoorthy, The create session request can include a group identifier that identifies a group of communication sessions that are subject to the same service plan, See Col. 7, Lines 11 - 33), or
generating one or more security keys for the group communication session (Alternative language “at least one of”, does not require prior art citation).
Remarks
Applicant s arguments, with regards to independent claims 1, 8, and 15 and dependent claim 6, filed on 10/29/2025, have been fully considered but they are not persuasive. The current arguments are based on independent claims 1, 8, and 15 and dependent claim 6, which are present in the remarks by the applicant.
With respect to independent claims 1, 8, and 15, Applicant argues that Levien does not disclose “transitioning, by the server device, the group communication session from the first communication modality to the second communication modality.” Examiner responds that the claim requires that first, a group communication session is established using a first communication modality. Second, a determination is made to switch the modality of the session to a second communication modality. Lastly, the group communication session is transitioned to the second communication modality. Based on the broadest reasonable interpretation, Levien teaches a local communication device that can participate in a group communication session with a remote communication device using a first communication modality (Col. 3, Line 35 – Col. 4, Line 6 and Col. 4, Lines 44 - 61), where a determination to switch to a second communication modality can be made (Col. 21, Lines 31 - 55), and the communication session can be transitioned to a second communication modality (Col. 24, Line 65 – Col. 25, Line 23). The claim limitations do specify which devices are being transitioned and at what point hence the group communication session can be determined to be just one device within the session that is being transitioned to a second communication modality from a first communication modality. When the group communication session is established, it only mentions that two or more electronic devices are utilizing the first communication modality, however, when the determination for the second communication modality happens, it does not specify which or how many devices are to transition to a second communication modality, it simply just mentions that a second communication modality is utilized for the group communication session which is a broad limitation. Applicant specifically argues that “the cited portions of Levien do not expressly or inherently disclose that any operations are performed by a server.” Levien discloses a remote communication device and a local communication device that perform transitioning between different modalities which is equivalent to the functionality that the sever performs. Therefore, Levien discloses the claimed limitation based on the broadest reasonable interpretation.
With respect to dependent claim 6, Applicant argues that Levien does not disclose “receiving, by the server device, a request initiated by at least one of the two or more electronic devices to transition from the first communication modality to the second communication modality.” Examiner responds that as previously discussed, the remote communication device performs the functionalities equivalent to the server. Hence, the remote communication device receives a message request to alter a communication modality to a second communication modality (Col. 33, Line 53 – Col. 34, Line 13).
Conclusion
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.
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/NAZIA NAOREEN/Primary Examiner, Art Unit 2458