DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
2. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the "right to exclude" granted by a patent and to prevent possible harassment by multiple assignees. See In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and, In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321 (c) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent is shown to be commonly owned with this application. See 37 CFR 1.130(b). Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1 – 20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1, 10 and 15 of U.S. Patent No. 11,316,983. Although the conflicting claims are not identical, they are not patentably distinct from each other because the method of independent claims 1, 10 and 15 of U.S. Patent No. 11,316,983 and the method and system of independent claims 1, 12, and 16 of the present application share the following common method and system for performing the method for operating a telecommunications network, the method comprising: receiving an incoming communication, from an end office, at an application server for receiving communications, the incoming communication comprising a telephone number associated with a client of the telecommunications network, and the incoming communication not including a carrier identification code (CIC); obtaining the telephone number from the incoming communication; requesting information from a CIC data source associated with the telephone number; receiving a data schema associated with the telephone number, wherein the data schema includes two or more CICs associated with the telephone number; analyzing the data schema; determining one of the two or more CICs to associate with the telephone number based on the analysis of the data schema; associating the determined CIC with the incoming communication; identifying a first telecommunications subnetwork from a plurality of telecommunications subnetworks based at least in part on the telephone number and the determined CIC; and transmitting the incoming communication through the first telecommunications subnetwork to a destination device.
Claim Rejections - 35 USC §103
3. 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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Guerra et al (Pub. No.: US 2011/0286446 A1; hereinafter Guerra) in view of Sharma et al (Pub. No.: US 2016/0127566 A1; hereinafter Sharma)
Consider claims 1, and 12, Guerra clearly shows and discloses a feature server of a telecommunications network, a method for operating a telecommunications network, and a telecommunications network comprising: at least one application server for receiving communications, the at least one application server comprising at least one processor and memory, operatively connected to the at least one processor and storing instructions that (Session Initiation Protocol (SIP) to set up and control calls or sessions between user terminals (or user terminals and application servers) (abstract, paragraphs: 0004, 0041 and fig. 1-6), when executed by the at least one processor, cause the application server to perform the operations of: receiving, from an end office, an incoming communication comprising a telephone number associated with a client of the telecommunications network, the incoming communication not including a carrier identification code (CIC) (The BGCF receives a request and determines if there is a calling party number. If the calling party number is available, the BGCF then determines whether the "cic" parameter has been included in the request, If no preferred circuit carrier has been identified, the BGCF performs a best match analysis with the entries in its CallingPartyTable) (paragraphs: 0045-0046 and fig. 1-fig. 6); obtaining the telephone number from the incoming communication (The BGCF receives a request and determines if there is a calling party number) (paragraphs: 0045-0046 and fig. 1-fig. 6); requesting information from a CIC data source based at least in part on the telephone number (If the calling party number is available, the BGCF then determines whether the "cic" parameter has been included in the request, If no preferred circuit carrier has been identified, the BGCF performs a best match analysis with the entries in its CallingPartyTable) (paragraphs: 0045-0047 and fig. 1-fig. 6); receiving a data schema associated with the telephone number (The result of the analysis is a reference to a CalledPartyTable) (paragraphs: 0045-0046 and fig. 1-fig. 6); analyzing the data schema (The BGCF then performs a best match analysis on the CalledPartyTable selected in step B2 using the telephone number of the called user) (paragraphs: 0046-0047); determining a CIC to associate with the telephone number based on the analysis of the data schema (the analysis identifies the entry in the CalledPartyTable relating to the called user's telephone number. This entry also includes the default circuit carrier's CIC for that destination) (paragraphs: 0028, 0046-0047 and fig. 1-fig. 6); identifying a first telecommunication subnetwork from a plurality of telecommunications subnetworks based at least in part on the telephone number and the determined CIC (the analysis identifies the entry in the CalledPartyTable relating to the called user's telephone number, This entry also includes the default circuit carrier's CIC for that destination/ identifying a first telecommunication subnetwork from a plurality of telecommunications subnetworks) (paragraphs: 0047-0048 and fig. 1-fig. 6); and transmitting the incoming communication through the first telecommunications subnetwork to a destination device (The BGCF then performs a DNS lookup using the FQDN identified in step B3 to obtain a list of IP addresses for the gateway control functions. The BGCF starts a supervision timer, with the timer value obtained in step B3, and the SIP request is sent to the first gateway control function in the list. The gateway control function should respond to the SIP request) (paragraphs: 0049, 0063, and claim 1); however, Guerra does not specifically disclose more detail information about data schema.
In the same field of endeavor, Sharma clearly specifically discloses more detail about data schema (Sharma shows the call routing instructions/data schema may include Destination Telephone Number(s) to which the toll-free calls may be routed, the Carrier Identification Code (CICs) of telecommunications carriers whose networks may be used for IntraLATA and InterLATA calls, and call announcement treatment instructions for those cases in which the toll-free calls should not be routed) (paragraphs: 0280, 0339, 0365, 0650, 0660, and 817; and fig. 4- fig.6).
Therefore, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to incorporate the teaching of Sharma into teaching of Guerra for the purpose of providing more detail information for data schema and how it used for routing and transmitting the incoming communication through the first telecommunications subnetwork/node to a destination device.
Consider claims 2, 13, and 17, Guerra and Sharma clearly show the feature server of the telecommunications network, the method for operating, and the telecommunications network, and a telecommunications network, wherein the telephone number is a dialing telephone number (Guerra: paragraph: 0045-0046).
Consider claim 3, Guerra and Sharma clearly show the telecommunications network, and a telecommunications network, further comprising: obtaining a dialed telephone number from the incoming communication, wherein transmitting the incoming communication through the first telecommunications subnetwork to the destination device is based at least in part on the dialed telephone number (Guerra: paragraph: 0045-0046).
Consider claims 4, 14, and 18, Guerra and Sharma clearly show the feature server of the telecommunications network, the method for operating, and the telecommunications network, and a telecommunications network, wherein the incoming communication is a tolled communication (Sharma: paragraph: 0012, 0650, 0655, 0660, and 817).
Consider claims 5 and 19, Guerra and Sharma clearly show the method for operating, and a telecommunications network, wherein the determined CIC is associated with a long distance carrier chosen by the client (Guerra: paragraph: 0045-0046; Sharma: paragraph: 0012, fig. 6).
Consider claim 6, Guerra and Sharma clearly show the telecommunications network, wherein the determined CIC is determined based on two or more factors in the data schema (Guerra: paragraph: 0045-0048; Sharma: paragraph: 0066, 0309, 0660).
Consider claim 7, Guerra and Sharma clearly show the telecommunications network, wherein the determined CIC is determined based at least on an originating area for the incoming communication (Guerra: paragraph: 0041, 0045-0048).
Consider claim 8, Guerra and Sharma clearly show the telecommunications network, wherein the determined CIC is determined based at least on a typical percent allocation (Guerra: paragraph: 0041, 0045-0048; Sharma: paragraph: 0066, 0309, 0339).
Consider claim 9, Guerra and Sharma clearly show the telecommunications network, wherein the determined CIC is determined based at least on load balancing (Guerra: paragraph: 0041-0043; Sharma: paragraph: 0081, 0098, and 0266).
Consider claim 10, Guerra and Sharma clearly show the telecommunications network, wherein the determined CIC is determined based at least on a local access and transport area (LATA) or zone-based information (Guerra: paragraph: 0041, 0045-0048; Sharma: paragraph: 0298, 0653, and 0681).
Consider claims 11, 15, and 20, Guerra and Sharma clearly show the feature server of the telecommunications network, the method for operating, and the telecommunications network, and a telecommunications network, wherein the CIC data source comprises an automatic number identification (ANI) table (Guerra: paragraph: 0043, 0044-0050, and 0063; Sharma: paragraph: 0065, 0341, and 0343)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Amal Zenati whose telephone number is 571- 270- 1947. The examiner can normally be reached on 8:00 -5:00 M-F.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ahmad Matar can be reached on 571- 272- 7488. The fax phone number for the organization where this application or proceeding is assigned is 571- 273-8300.
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/AMAL S ZENATI/Primary Examiner, Art Unit 2656