DETAILED ACTION
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 .
Election/Restrictions
1. In response to the election/restriction requirement mailed on 06/17/2026, applicant elects group I (claims 1-9) without traverse.
Allowable Subject Matter
2. Claims 4-5 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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.
4. Claim(s) 1 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (CN 105376513) in view of Arnott et al. (US 20020083462)
Regarding claim 1, Zhao discloses an apparatus comprising processing circuitry configured to: initiate a voice call to a target device (Paragraphs: 0041, 0046 and 0369: Zhao discusses how the voice data sent to the second terminal); generate, for transmission to a first server, a request for a video call link upon a determination that a trigger event has occurred (Paragraphs: 0054, 0056 and 0058: Zhao discusses how the system establishing a first video call service link with the server based on the triggering of the video call service); process, based on signaling received from the first server, a video call link (Paragraphs: 0058, 0097 and 0365: Zhao discusses how the establishment module is used to establish a first service sub-link in the second video call service link with the second terminal based on the video call service request and the second terminal identifier; and how the system establishing a first video call service link with the server based on the triggering of the video call service, i.e. process, based on signaling received from the first server, a video call link); generate, for transmission to a base station, a message comprising the video call link to be forwarded to the target device (Paragraphs: 0038 and 0165: Zhao discusses how the system establishing a first service sub-link and a second service sub-link with the second terminal enables the transmission of various forms of data information when the second terminal is making a video call; and how the first terminal includes smart terminal devices such as mobile phones and computers send messaging information to the server, so that the server can forward it to other terminals to realize instant messaging with
other terminals, i.e. upon generating and transmitting message to a base station);
Zhao discloses the invention set forth above but does not specifically point out “establish a video session with the target device using the video call link while still maintaining the voice call with the target device”
Arnott discloses establish a video session with the target device using the video call link (Paragraph: 0049: Arnott discusses how the caller establish a connection via an xDSL or other link to the video phone (i.e. the video call link) appliance of the callee using the IP address of the callee) while still maintaining the voice call with the target device (Paragraphs: 0011, 0028, 0043 and 0049: Arnott discusses how in a video phone system both parties have the ability to choose between displaying the image of the other party to the call, or displaying the on-line event or both; and how the ADSL and G. Lite allow for the use of one connection for the transmission of both voice and video data).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed before the effective filing date of the invention to modify the invention of Zhao, and modify a system to establish a video session with the target device using the video call link while still maintaining the voice call with the target device, as taught by Arnott, thus an audio and video conferencing capabilities are provided to user effectively regardless of computer knowledge, at low cost, as discussed by Arnott.
Considering claim 7, Zhao discloses the apparatus of claim 1, wherein the apparatus is provisioned with one or more predefined policies, wherein the one or more predefined policies comprise one or more trigger events (Paragraphs: 0059, 0270 and 291).
5. Claim(s) 2 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (CN 105376513) in view of Arnott et al. (US 20020083462) and further in view of Chiu et al. (US 20220086278)
Considering claim 2, Zhao in view of Arnott fail to disclose claim 2. Chiu however discloses the apparatus of claim 2, wherein the voice call is an emergency call, and the target device is a public safety access point (PSAP) (Paragraphs: 0007, 0023 and 0034: Chiu discusses an emergency services call interface on a PSAP 911 terminal).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed before the effective filing date of the invention to modify the invention of Zhao and Arnott, and modify a system wherein the voice call is an emergency call, and the target device is a public safety access point (PSAP), as taught by Chiu, thus improved methods for providing information about an emergency to emergency services personnel, as discussed by Chiu.
Considering claim 3, Chiu discloses the apparatus of claim 1, wherein the processing circuitry is configured to automatically establish the video session with the target device using the video call link (Paragraphs: 0055, 0086 and fig.5C: Chiu discusses how a video conference link includes a hyper link that is selectable to launch an instance of a videoconference, i.e. automatically establish the video session upon clicking the link).
5. Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (CN 105376513) in view of Arnott et al. (US 20020083462) and further in view of ITO TAKU et al. (JP2004221738)
Considering claim 6, Zhao in view of Arnott fail to disclose claim 6. ITO TAKU discloses the apparatus of claim 1, wherein the processing circuitry is configured to send an instruction to the target device to switch from the voice call to the video session (abstract lines 3-5: ITO TAKU discusses receiving a switching instruction to the video speech during the voice speech, a control means makes a call of the video speech to a video phone of a speech opposite party).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed before the effective filing date of the invention to modify the invention of Zhao and Arnott, and modify a system wherein the processing circuitry is configured to send an instruction to the target device to switch from the voice call to the video session, as taught by ITO TAKU, thus allowing to switch the call method from a voice call to a video call at any time without disconnecting the call, as discussed by ITO TAKU.
6. Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (CN 105376513) in view of Arnott et al. (US 20020083462) and further in view of Sparks et al. (US 20050288002)
Considering claim 8, Zhao in view of Arnott fail to disclose claim 8. Sparks discloses the apparatus of claim 8, wherein the one or more trigger events comprise one or more of the following: an emergency call being initiated (Paragraph: 0036: a user designates the call as an "emergency" or "urgent" call); a call being initiated to a telephone number or address on a predefined list of contact telephone numbers or addresses (Paragraphs: 0039 and 0044-0045: a list of contacts that correspond to a level of urgency selected by the user); a call being initiated at a predefined time of day (Paragraphs: 0007, 0059 and 0061); a call being initiated using a certain predefined application on the UE, or a combination thereof (Paragraphs: 0032 and 0036).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed before the effective filing date of the invention to modify the invention of Zhao and Arnott, and modify a system wherein the one or more trigger events comprise one or more of the following: an emergency call being initiated; a call being initiated to a telephone number or address on a predefined list of contact telephone numbers or addresses; a call being initiated at a predefined time of day; a call being initiated using a certain predefined application on the UE, or a combination thereof, as taught by Sparks, thus allowing the automatic connection to established with the predetermined contact that is determined to be available, thus avoiding busy signals or reaching voice mail instead of a live voice, as discussed by Sparks.
7. Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (CN 105376513) in view of Arnott et al. (US 20020083462) and further in view of Shaffer et al. (US 5898668)
Considering claim 9, Zhao in view of Arnott fail to disclose claim 9. Shaffer discloses the apparatus of claim 9, wherein the processing circuitry is configured to switch from the video session to the voice call upon a determination that there is a failure of the video session or a degradation in the quality of service (QoS) of the video session below a predefined threshold (Col.2 lines 43-50: Shaffer discusses If video information is to be transmitted during a session that was originally connected for voice-only; and how the system allow the user to initiate a renegotiation that establishes a second connection before the original connection is torn down and the second connection utilizes communications modes suitable for the increased QoS requirements).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed before the effective filing date of the invention to modify the invention of Zhao and Arnott, and modify a system wherein the processing circuitry is configured to switch from the video session to the voice call upon a determination that there is a failure of the video session or a degradation in the quality of service (QoS) of the video session below a predefined threshold, as taught by Shaffer, thus allowing to maximize the quality of service at a tariff that is acceptable to users, as discussed by Shaffer.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOSEF K LAEKEMARIAM whose telephone number is (571)270-5149. The examiner can normally be reached 9:30-6:30 M-F.
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YOSEF K. LAEKEMARIAM
Primary Examiner
Art Unit 2651
/YOSEF K LAEKEMARIAM/Primary Examiner, Art Unit 2691
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