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 Amendment
Acknowledgment is made of Applicant's submission of amendment, dated on 07/10/2026. This communication is considered fully responsive and sets forth below:
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 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 1-6,10,12 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Foladare et al. US 6,353,662 B1.
-Claim 14 is Cancelled.
-Regarding claim1, Foladare et al. US 6,353,662 B1 discloses A method for operating a device , wherein the method is performed by a processing unit of the device and comprises: detecting , during a first call between the device and at least one other party through a network server implementing a communication hold service, an intent of a user of the device to avoid disturbing said first call (Colom 1,lines 9-28 discloses Multi-party communication is a conventional feature in feature in communications Systems. Known as “conference calls,” Such multi-party communication establishes call paths among a plurality of Subscribers , AS is known, conference calls may be established by a communications network, Such as the Public Switched Telephone Network (“PSTN”)( i.e. Server). Each party to the call joins the call by generating a call request message accessing a predetermined network address within the communication network. The network contains Switches and processors that route communications data from one party to the other parties to the call. Progress of conference calls may be interrupted unintentionally by telecommunications equipment that possess “music on hold” features. If one party to the conference call places the call on hold, the equipment may engage a music on hold circuit that introduces a nuisance Signal Such as music, broadcast radio, audio advertising or other signals to the conference call. The nuisance Signal disrupts the progress of the call; and instructing said network server to disable playing an announcement message to said other party of said first call in response to the communication hold service being triggered (Colom 2,lines 40-67 and colm 3, line 3-7, When a PBX places a call on "hold", a PBX switch matrix 220 disconnects a telephone from the call path but does not terminate the call. The remainder of the call path remains active. Consider, as an example, a call path that extends from telephone Tl through the switch matrix 220, the communication network 100 and the central office 300, to telephone T5. When Tl places the call on hold, the switch matrix 220 disconnects Tl from the call path. However, the switch matrix 220 maintains the call path active from itself through 50 to telephone T5. The switch matrix 220 receives data in a reverse traffic channel from TS. Thus, the PBX 200 may monitor speech and signals generated by a party at telephone T5. It may place data generated by a music on hold circuit 230 in a forward traffic channel to T5. Once telephone T5 is placed on hold, telephone Tl may answer or establish another call in another call path through the PBX 200. When the PBX 200 places a call on hold, as shown in FIG. 2, the PBX 200 monitors the reverse traffic channel, inbound to the PBX from the communication network 100, for a predetermined five seconds. Wherein (Colm 3, line 3-7)The PBX 200 determines whether signal content of the reverse traffic channel requires the PBX 200 to continue to disable the music on hold circuit 230. (Step 1010). If so, the PBX 200 maintains the music on hold circuit 230 disabled. If not, the PBX 200 enables the music on hold circuit 230 (Step 1030).
Regarding claim12, Foladare et al. US 6,353,662 B1 discloses An electronic device comprising: processing unit configured to implement : detecting, during a first call between the device and at least one other party through a network server implementing a communication hold service, an intent of a user of the device to avoid disturbing said first call (Colom 1,lines 9-28 discloses Multi-party communication is a conventional feature in feature in communications Systems. Known as “conference calls,” Such multi-party communication establishes call paths among a plurality of Subscribers , AS is known, conference calls may be established by a communications network, Such as the Public Switched Telephone Network (“PSTN”)( i.e. Server). Each party to the call joins the call by generating a call request message accessing a predetermined network address within the communication network. The network contains Switches and processors that route communications data from one party to the other parties to the call. Progress of conference calls may be interrupted unintentionally by telecommunications equipment that possess “music on hold” features. If one party to the conference call places the call on hold, the equipment may engage a music on hold circuit that introduces a nuisance Signal Such as music, broadcast radio, audio advertising or other signals to the conference call. The nuisance Signal disrupts the progress of the call; and instructing said network server to disable playing an announcement message to said at least one other party of said first call in response to the communication hold service being triggered. (Colom 2,lines 40-67 and colm 3, line 3-7, When a PBX places a call on "hold", a PBX switch matrix 220 disconnects a telephone from the call path but does not terminate the call. The remainder of the call path remains active. Consider, as an example, a call path that extends from telephone Tl through the switch matrix 220, the communication network 100 and the central office 300, to telephone T5. When Tl places the call on hold, the switch matrix 220 disconnects Tl from the call path. However, the switch matrix 220 maintains the call path active from itself through 50 to telephone T5. The switch matrix 220 receives data in a reverse traffic channel from TS. Thus, the PBX 200 may monitor speech and signals generated by a party at telephone T5. It may place data generated by a music on hold circuit 230 in a forward traffic channel to T5. Once telephone T5 is placed on hold, telephone Tl may answer or establish another call in another call path through the PBX 200. When the PBX 200 places a call on hold, as shown in FIG. 2, the PBX 200 monitors the reverse traffic channel, inbound to the PBX from the communication network 100, for a predetermined five seconds. Wherein (Colm 3, line 3-7)The PBX 200 determines whether signal content of the reverse traffic channel requires the PBX 200 to continue to disable the music on hold circuit 230. (Step 1010). If so, the PBX 200 maintains the music on hold circuit 230 disabled. If not, the PBX 200 enables the music on hold circuit 230 (Step 1030).
Regarding claim15 , Foladare discloses A non-transitory computer-readable medium, on which is stored a computer program product comprising code instructions for executing a method for operating a device or a network server for operating a device when the instructions are executed by a processor of the device, wherein the method comprises
detecting, during a first call between the device and at least one other party through a network server implementing a communication hold service, an intent of a user of the device to avoid disturbing said first call(Colom 1,lines 9-28 discloses Multi-party communication is a conventional feature in feature in communications Systems. Known as “conference calls,” Such multi-party communication establishes call paths among a plurality of Subscribers , AS is known, conference calls may be established by a communications network, Such as the Public Switched Telephone Network (“PSTN”)( i.e. Server). Each party to the call joins the call by generating a call request message accessing a predetermined network address within the communication network. The network contains Switches and processors that route communications data from one party to the other parties to the call. Progress of conference calls may be interrupted unintentionally by telecommunications equipment that possess “music on hold” features. If one party to the conference call places the call on hold, the equipment may engage a music on hold circuit that introduces a nuisance Signal Such as music, broadcast radio, audio advertising or other signals to the conference call. The nuisance Signal disrupts the progress of the call; and instructing said network server to disable playing an announcement message to said other party of said first call in response to the communication hold service being triggered(Colom 2,lines 40-67 and colm 3, line 3-7, When a PBX places a call on "hold", a PBX switch matrix 220 disconnects a telephone from the call path but does not terminate the call. The remainder of the call path remains active. Consider, as an example, a call path that extends from telephone Tl through the switch matrix 220, the communication network 100 and the central office 300, to telephone T5. When Tl places the call on hold, the switch matrix 220 disconnects Tl from the call path. However, the switch matrix 220 maintains the call path active from itself through 50 to telephone T5. The switch matrix 220 receives data in a reverse traffic channel from TS. Thus, the PBX 200 may monitor speech and signals generated by a party at telephone T5. It may place data generated by a music on hold circuit 230 in a forward traffic channel to T5. Once telephone T5 is placed on hold, telephone Tl may answer or establish another call in another call path through the PBX 200. When the PBX 200 places a call on hold, as shown in FIG. 2, the PBX 200 monitors the reverse traffic channel, inbound to the PBX from the communication network 100, for a predetermined five seconds. Wherein (Colm 3, line 3-7)The PBX 200 determines whether signal content of the reverse traffic channel requires the PBX 200 to continue to disable the music on hold circuit 230. (Step 1010). If so, the PBX 200 maintains the music on hold circuit 230 disabled. If not, the PBX 200 enables the music on hold circuit 230 (Step 1030).
Regarding claim 2, Foladare et al. US 6,353,662 B1 discloses all the feature with respect to claim1. Foladare further discloses detecting, during said first call, that the user of the device no longer wishes to avoid disturbing said first call; and instructing said network server to re-enable playing the announcement message in response to the communication hold service being triggered(Colom 2,lines 40-67 and colm 3, line 3-7, When a PBX places a call on "hold", a PBX switch matrix 220 disconnects a telephone from the call path but does not terminate the call. The remainder of the call path remains active. Consider, as an example, a call path that extends from telephone Tl through the switch matrix 220, the communication network 100 and the central office 300, to telephone T5. When Tl places the call on hold, the switch matrix 220 disconnects Tl from the call path. However, the switch matrix 220 maintains the call path active from itself through 50 to telephone T5. The switch matrix 220 receives data in a reverse traffic channel from TS. Thus, the PBX 200 may monitor speech and signals generated by a party at telephone T5. It may place data generated by a music on hold circuit 230 in a forward traffic channel to T5. Once telephone T5 is placed on hold, telephone Tl may answer or establish another call in another call path through the PBX 200. When the PBX 200 places a call on hold, as shown in FIG. 2, the PBX 200 monitors the reverse traffic channel, inbound to the PBX from the communication network 100, for a predetermined five seconds. Wherein (Colm 3, line 3-7) The PBX 200 determines whether signal content of the reverse traffic channel requires the PBX 200 to continue to disable the music on hold circuit 230. (Step 1010). If so, the PBX 200 maintains the music on hold circuit 230 disabled. If not, the PBX 200 enables the music on hold circuit 230 (Step 1030). Regarding claim 3, Foladare et al. US 6,353,662 B1 discloses all the feature with respect to claim1. Foladare further discloses wherein the intent of a user of the device to avoid disturbing said first call is detected when the user has activated the mute function or when the user has not spoken for a given duration during the first call (Colom 4, lines 1-7) The PBX 200 may monitor the reverse traffic channel for a speech signal. When the reverse traffic channel contains a speech signal, the PBX 200 disables the music on hold circuit 230. However, the PBX 200 would not disable the circuit if it detected non-speech signals in the reverse traffic channel, such as background noise introduced by telephone equipment of another party to the call. Regarding claim 4, Foladare et al. US 6,353,662 B1 discloses all the feature with respect to claim1. Foladare further discloses wherein the method further comprises instructing said network server to trigger the communication hold service when a second call is received at the device (Colom 2,lines 40-67 and Colm 3, line 3-7, When a PBX places a call on "hold", a PBX switch matrix 220 disconnects a telephone from the call path but does not terminate the call. The remainder of the call path remains active. Consider, as an example, a call path that extends from telephone T1through the switch matrix 220, the communication network 100 and the central office 300, to telephone T5. When Tl places the call on hold, the switch matrix 220 disconnects Tl from the call path. However, the switch matrix 220 maintains the call path active from itself through 50 to telephone T5. The switch matrix 220 receives data in a reverse traffic channel from T5. Thus, the PBX 200 may monitor speech and signals generated by a party at telephone T5. It may place data generated by a music on hold circuit 230 in a forward traffic channel to T5. Once telephone T5 is placed on hold, telephone Tl may answer or establish another call in another call path through the PBX 200. When the PBX 200 places a call on hold, as shown in FIG. 2, the PBX 200 monitors the reverse traffic channel, inbound to the PBX from the communication network 100, for a predetermined five seconds. Wherein (Colm 3, line 3-7) The PBX 200 determines whether signal content of the reverse traffic channel requires the PBX 200 to continue to disable the music on hold circuit 230. (Step 1010). If so, the PBX 200 maintains the music on hold circuit 230 disabled. If not, the PBX 200 enables the music on hold circuit 230 (Step 1030). Regarding claim 5, Foladare et al. US 6,353,662 B1 discloses all the feature with respect to claim 4. Foladare further discloses a prior step of receiving said second call at the device, which triggers performing steps the detecting the intent of the user and the instructing the network server to disable playing the announcement message (Colom 2,lines 40-67 and colm 3, line 3-7, When a PBX places a call on "hold", a PBX switch matrix 220 disconnects a telephone from the call path but does not terminate the call. The remainder of the call path remains active. Consider, as an example, a call path that extends from telephone Tl through the switch matrix 220, the communication network 100 and the central office 300, to telephone T5. When Tl places the call on hold, the switch matrix 220 disconnects Tl from the call path. However, the switch matrix 220 maintains the call path active from itself through 50 to telephone T5. The switch matrix 220 receives data in a reverse traffic channel from TS. Thus, the PBX 200 may monitor speech and signals generated by a party at telephone T5. It may place data generated by a music on hold circuit 230 in a forward traffic channel to T5. Once telephone T5 is placed on hold, telephone Tl may answer or establish another call in another call path through the PBX 200. When the PBX 200 places a call on hold, as shown in FIG. 2, the PBX 200 monitors the reverse traffic channel, inbound to the PBX from the communication network 100, for a predetermined five seconds. Wherein (Colm 3, line 3-7) The PBX 200 determines whether signal content of the reverse traffic channel requires the PBX 200 to continue to disable the music on hold circuit 230. (Step 1010). If so, the PBX 200 maintains the music on hold circuit 230 disabled. If not, the PBX 200 enables the music on hold circuit 230 (Step 1030). Regarding claim 6, Foladare et al. US 6,353,662 B1 discloses all the feature with respect to claim 5. Foladare further discloses wherein instructing the network server to disable playing the announcement message comprises sending an instruction to said network server to trigger the communication hold service with or without playing the announcement message to said other party of said first call depending on a result of the detecting the intent of the user. (Colom 2,lines 40-67 and colm 3, line 3-7, When a PBX places a call on "hold", a PBX switch matrix 220 disconnects a telephone from the call path but does not terminate the call. The remainder of the call path remains active. Consider, as an example, a call path that extends from telephone Tl through the switch matrix 220, the communication network 100 and the central office 300, to telephone T5. When Tl places the call on hold, the switch matrix 220 disconnects Tl from the call path. However, the switch matrix 220 maintains the call path active from itself through 50 to telephone T5. The switch matrix 220 receives data in a reverse traffic channel from TS. Thus, the PBX 200 may monitor speech and signals generated by a party at telephone T5. It may place data generated by a music on hold circuit 230 in a forward traffic channel to T5. Once telephone T5 is placed on hold, telephone Tl may answer or establish another call in another call path through the PBX 200. When the PBX 200 places a call on hold, as shown in FIG. 2, the PBX 200 monitors the reverse traffic channel, inbound to the PBX from the communication network 100, for a predetermined five seconds. Wherein (Colm 3, line 3-7) The PBX 200 determines whether signal content of the reverse traffic channel requires the PBX 200 to continue to disable the music on hold circuit 230. (Step 1010). If so, the PBX 200 maintains the music on hold circuit 230 disabled. If not, the PBX 200 enables the music on hold circuit 230 (Step 1030).
Regarding claim 10, Foladare et al. US 6,353,662 B1 discloses all the feature with respect to claim 1. Foladare further discloses wherein said first call is a multi-party conference call. (Colom 1, lines 9-28 discloses Multi-party communication is a conventional feature in feature in communications Systems. Known as “conference calls,” Such multi-party communication establishes call paths among a plurality of Subscribers, AS is known, conference calls may be established by a communications network, Such as the Public Switched Telephone Network (“PSTN”) ( i.e. Server). Each party to the call joins the call by generating a call request message accessing a predetermined network address within the communication network. The network contains Switches and processors that route communications data from one party to the other parties to the call. Progress of conference calls may be interrupted unintentionally by telecommunications equipment that possess “music on hold” features. If one party to the conference call places the call on hold, the equipment may engage a music on hold circuit that introduces a nuisance Signal Such as music, broadcast radio, audio advertising or other signals to the conference call. The nuisance Signal disrupts the progress of the call
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) 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. Claims 7-9,11 and 13 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Foladare et al. US 6,353,662 B1 in view of 3GPP TS 24.610 V16.0.0 (2019-12) 3rd Generation Partnership Project; Technical Specification Group Core Network and Terminals; Communication HOLD (HOLD) using IP Multimedia (IM) CoreNetwork (CN) subsystem; Protocol specification (Release 16).
Regarding claim 7, Foladare et al. US 6,353,662 B1 discloses all the feature with respect to claim 1. Foladare does not disclose wherein said communication hold service is pursuant to 3rd Generation Partnership Project(3GPP) Technical Specification (TS) 24.610, and wherein said network server is a Session Initiation Protocol (SIP) application server. 3GPP discloses wherein said communication hold service is pursuant to 3rd Generation Partnership Project(3GPP) Technical Specification (TS) 24.610, and wherein said network server is a Session Initiation Protocol (SIP) application server (page 1: 3GPP TS 24.610 ,3rd Generation Partnership Project; Communication HOLD (HOLD) using IP Multimedia (IM) CoreNetwork (CN) subsystem . It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Foladare by including wherein said communication hold service is pursuant to 3rd Generation Partnership Project(3GPP) Technical Specification (TS) 24.610, and wherein said network server is a Session Initiation Protocol (SIP) application server, as taught by 3GPP, in order to perform Communication HOLD (HOLD) using IP Multimedia (IM) Core Network (CN) subsystem (see 3GPP :page 1).
Regarding claim 8, the combination of Foladare and 3GPP discloses all the feature with respect to claim 7. Foladare discloses wherein said network server is instructed to disable or re-enable playing the announcement message (Colm 3, line 3-7) The PBX 200 determines whether signal content of the reverse traffic channel requires the PBX 200 to continue to disable the music on hold circuit 230. (Step 1010). If so, the PBX 200 maintains the music on hold circuit 230 disabled. If not, the PBX 200 enables the music on hold circuit 230 (Step 1030).
Foladare does not disclose wherein said network server is instructed to disable or re-enable playing the announcement message through a SIP INVITE request.
3GPP discloses wherein said network server is instructed to disable or re-enable playing the announcement message through a SIP INVITE request. (page 13: Annex A (informative):
Signalling Flows: A.1 HOLD communication.
A.1.1 HOLD communication without announcement
The following diagram shows a communication session put on hold using a re-INVITE request. The same can be achieved by sending an UPDATE request.
See also Figure A.1.1.1: HOLD communication without announcement to the held user.
-A.1.2 HOLD communication with announcement
The following diagram shows a communication session put on hold using a re-INVITE request with an announcement being played by the AS to the held party. The same can be achieved by sending an UPDATE request.
-See also Figure A.1.2.1: HOLD communication with announcement to the held user, wherein
1. UE-A sends a SIP INVITE request to UE-B to hold the session - see example in table A.1.2.1-1. Hold is done by changing the SDP attribute. For each media stream that shall be held. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Foladare by including wherein said network server is instructed to disable or re-enable playing the announcement message through a SIP INVITE request, as taught by 3GPP, in order to perform Communication HOLD (HOLD) using IP Multimedia (IM) Core Network (CN) subsystem (see 3GPP :page 1).
Regarding claim 9, the combination of Foladare and 3GPP discloses all the feature with respect to claim 6. Foladare discloses wherein said network server is instructed to disable or re-enable playing the announcement message (Colm 3, line 3-7) The PBX 200 determines whether signal content of the reverse traffic channel requires the PBX 200 to continue to disable the music on hold circuit 230. (Step 1010). If so, the PBX 200 maintains the music on hold circuit 230 disabled. If not, the PBX 200 enables the music on hold circuit 230 (Step 1030).
Foladare does not disclose wherein: said communication hold service is pursuant to 3rd Generation Partnership Project (3GPP) Technical Specification (TS) 24.610, and
wherein said network server is a Session Initiation Protocol (SIP) application server; said network server is instructed to disable or re-enable playing the announcement message through a SIP INVITE request; and
said SIP INVITE request for instructing to disable or re-enable playing the announcement message is the SIP INVITE request for instructing said network server to trigger the communication hold service. 3GPP discloses wherein:said communication hold service is pursuant to 3rd Generation Partnership Project (3GPP) Technical Specification (TS) 24.610, and wherein said network server is a Session Initiation Protocol (SIP) application server(page 1: 3GPP TS 24.610 ,3rd Generation Partnership Project; Communication HOLD (HOLD) using IP Multimedia (IM) CoreNetwork (CN) subsystem .;
said network server is instructed to disable or re-enable playing the announcement message through a SIP INVITE request; and said SIP INVITE request for instructing to disable or re-enable playing the announcement message is the SIP INVITE request for instructing said network server to trigger the communication hold service. (page 13: Annex A (informative): Signalling Flows: A.1 HOLD communication.
A.1.1 HOLD communication without announcement
The following diagram shows a communication session put on hold using a re-INVITE request. The same can be achieved by sending an UPDATE request.
See also Figure A.1.1.1: HOLD communication without announcement to the held user.
-A.1.2 HOLD communication with announcement
The following diagram shows a communication session put on hold using a re-INVITE request with an announcement being played by the AS to the held party. The same can be achieved by sending an UPDATE request.
-See also Figure A.1.2.1: HOLD communication with announcement to the held user, wherein
1. UE-A sends a SIP INVITE request to UE-B to hold the session - see example in table A.1.2.1-1. Hold is done by changing the SDP attribute. For each media stream that shall be held.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Foladare by including wherein:said communication hold service is pursuant to 3rd Generation Partnership Project (3GPP) Technical Specification (TS) 24.610, and wherein said network server is a Session Initiation Protocol (SIP) application server; said network server is instructed to disable or re-enable playing the announcement message through a SIP INVITE request; and said SIP INVITE request for instructing to disable or re-enable playing the announcement message is the SIP INVITE request for instructing said network server to trigger the communication hold service, as taught by 3GPP, in order to perform Communication HOLD (HOLD) using IP Multimedia (IM) Core Network (CN) subsystem (see 3GPP :page 1).
Regarding claims11 and 13, Foladare discloses A network server comprising: processing unit configured to implement:
receiving from a device, during a first call between the device and at least one other party through the network server , a first instruction to disable playing an announcement message to said at least one other party of said first call in response to the communication hold service being triggered; (Colom 2,lines 40-67 and colm 3, line 3-7, When a PBX places a call on "hold", a PBX switch matrix 220 disconnects a telephone from the call path but does not terminate the call. The remainder of the call path remains active. Consider, as an example, a call path that extends from telephone Tl through the switch matrix 220, the communication network 100 and the central office 300, to telephone T5. When Tl places the call on hold, the switch matrix 220 disconnects Tl from the call path. However, the switch matrix 220 maintains the call path active from itself through 50 to telephone T5. The switch matrix 220 receives data in a reverse traffic channel from TS. Thus, the PBX 200 may monitor speech and signals generated by a party at telephone T5. It may place data generated by a music on hold circuit 230 in a forward traffic channel to T5. Once telephone T5 is placed on hold, telephone Tl may answer or establish another call in another call path through the PBX 200. When the PBX 200 places a call on hold, as shown in FIG. 2, the PBX 200 monitors the reverse traffic channel, inbound to the PBX from the communication network 100, for a predetermined five seconds. Wherein (Colm 3, line 3-7)The PBX 200 determines whether signal content of the reverse traffic channel requires the PBX 200 to continue to disable the music on hold circuit 230. (Step 1010). If so, the PBX 200 maintains the music on hold circuit 230 disabled. If not, the PBX 200 enables the music on hold circuit 230 (Step 1030). Foladare does not receiving, from the device, a second instruction to trigger the communication hold service; and placing said at least one other party on hold without playing the announcement message to said at least one other party. 3GPP discloses receiving, from the device, a second instruction to trigger the communication hold service; and placing said at least one other party on hold without playing the announcement message to said at least one other party (page 13: Annex A (informative): Signalling Flows: A.1 HOLD communication.
A.1.1 HOLD communication without announcement
The following diagram shows a communication session put on hold using a re-INVITE request. The same can be achieved by sending an UPDATE request.
See also Figure A.1.1.1: HOLD communication without announcement to the held user.
-A.1.2 HOLD communication with announcement
The following diagram shows a communication session put on hold using a re-INVITE request with an announcement being played by the AS to the held party. The same can be achieved by sending an UPDATE request.
-See also Figure A.1.2.1: HOLD communication with announcement to the held user, wherein
1. UE-A sends a SIP INVITE request to UE-B to hold the session - see example in table A.1.2.1-1. Hold is done by changing the SDP attribute. For each media stream that shall be held.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Foladare by including receiving, from the device, a second instruction to trigger the communication hold service; and placing said at least one other party on hold without playing the announcement message to said at least one other party, as taught by 3GPP, in order to perform Communication HOLD (HOLD) using IP Multimedia (IM) Core Network (CN) subsystem (see 3GPP :page 1).
Response to Remarks/Arguments
Applicant’s argument:
Applicant argued that the references cited do not disclose " detecting, during a first call between the device and at least one other party through a network server implementing a communication hold service, an intent of a user of the device to avoid disturbing said first call; and instructing said network server to disable playing an announcement message to said other party of said first call in response to the communication hold service being triggered ”,as cited in claim 1.
Examiner’s response:
Applicant’s argument with respect to the pending claims have been fully considered, but they are not persuasive for at least the following reasons:
Application invention is describe as follow, the user 1 is in conference call with a plurality of users ,when user 1 decided to interrupt the conference call , user 1 trigger to hold the communication and instructs the server to disable announcement message to said other party
The Foladare et al. US 6,353,662 B1 discloses same inventive concept of this application as follow " detecting, during a first call between the device and at least one other party through a network server implementing a communication hold service, an intent of a user of the device to avoid disturbing said first call; and instructing said network server to disable playing an announcement message to said other party of said first call in response to the communication hold service being triggered ”as follow example (Colom 1,lines 9-28) and (Colom 2,lines 40-67 and colm 3, line 3-7 )discloses the conference calls is the Multi-party communication among a plurality of Subscribers in a communications network as the Public Switched Telephone Network (“PSTN”)( i.e. Server), when one party to the conference call places the call on hold (trigger the hold), the conference calls may be interrupted unintentionally by telecommunications equipment (i.e.the Public Switched Telephone Network (“PSTN”)) that possess “music on hold” features, the equipment may engage a music on hold circuit that introduces a nuisance Signal Such as music, broadcast radio, audio advertising or other signals to the conference call. The nuisance Signal disrupts the progress of the call; wherein (a PBX”) places a call on "hold", and the switch matrix 220 disconnects a telephone from the call path but does not terminate the call. The remainder of the call path remains active
Consider, as an example, a call path that extends from telephone Tl through the switch matrix 220, the communication network 100 and the central office 300, to telephone T5. When Tl places the call on hold, the switch matrix 220 disconnects Tl from the call path. However, the switch matrix 220 maintains the call path active from itself through 50 to telephone T5.. Once telephone T5 is placed on hold, telephone Tl may answer or establish another call in another call path through the PBX 200. When the PBX 200 places a call on hold, as shown in FIG. 2, Wherein (Colm 3, line 3-7)The PBX 200 determines whether signal content of the reverse traffic channel requires the PBX 200 to continue to disable the music on hold circuit 230. (Step 1010). If so, the PBX 200 maintains the music on hold circuit 230 disabled. If not, the PBX 200 enables the music on hold circuit 230 (Step 1030). Thus, the reference The Foladare et al. US 6,353,662 B1 does teaches the limitations of claim1.
Based on the fact, Examiner respectfully disagrees that the prior art cited does not teach the limitation of the independent claim 1, as argued by applicants. The other Independent Claims, recite features analogous to those of Claim 1, the cited passages teach the other independent claims, as well. Furthermore, the cited passages teach dependent claims, as well.
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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/ABDELTIF AJID/ Primary Examiner, Art Unit 2478
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