DETAILED ACTION
The current office action is in response to the communication filed on 3/17/25.
Claims 1-20 are pending.
The Examiner recommends filing a written authorization for Internet communication in response to the present action. Doing so permits the USPTO to communicate with Applicant using Internet email to schedule interviews or discuss other aspects of the application. Without a written authorization in place, the USPTO cannot respond to Internet correspondence received from Applicant. The preferred method of providing authorization is by filing form PTO/SB/439, available at: https://www.uspto.gov/patent/forms/forms. See MPEP § 502.03 for other methods of providing written authorization.
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 .
Paper Submitted
It is hereby acknowledged that the following papers have been received and placed of record in the file:
Information Disclosure Statement(s) as received on 3/17/25 are considered by the Examiner.
Specification
The abstract of the disclosure is objected to because of the following informalities:
Typically abbreviations/acronyms are used after an expansion is provided to the abbreviations/acronyms. However, in the Abstract, “IP” is used before it is expanded. It is suggested to use expansions before using their abbreviations/acronyms. Appropriate correction is required.
The disclosure is objected to because of the following informalities:
Typically abbreviations/acronyms are used after an expansion is provided to the abbreviations/acronyms. However, in the Specification, “IP,” “T1/PRI,” “DSL,” “PBX,” “SIP,” “VoIP,” “SIM,” “HTTPS,” etc. are used before they are expanded. It is suggested to use expansions before using their abbreviations/acronyms. Appropriate correction is required.
Claim Objections
Claims 5, 7-14, 16 and 20 are objected to because of the following informalities:
Typically abbreviations/acronyms are used after an expansion is provided to the abbreviations/acronyms. However, in claims 5, 8, 11-14 and 20, the abbreviations/acronyms “VLANs,” and “WAN” are used before they are expanded. It is suggested to use expansions before using their abbreviations/acronyms. Appropriate correction is required.
The limitation “…the router…” in claim 7, line 2, should be “…[[the]] a router…” (emphasis added) in order to resolve the lack of antecedent basis in the limitations. Appropriate correction is required.
The limitation “…failover voice communications and failover data communications…” in claim 8, lines 7-8, should be “…the failover voice communications and the failover data communications…” (emphasis added) in order to resolve the lack of antecedent basis in the limitations. Appropriate correction is required. Similar corrections are required in claim 16, lines 2-3.
The limitation “…parsed failover voice communications…” in claim 8, lines 9-10, should be “…the parsed failover voice communications…” (emphasis added) in order to resolve the lack of antecedent basis in the limitations. Appropriate correction is required.
The limitation “…parsed failover data communications…” in claim 8, lines 12-13, should be “…the parsed failover data communications…” (emphasis added) in order to resolve the lack of antecedent basis in the limitations. Appropriate correction is required.
The limitation “…and failover data communications…” in claim 16, line 5, should be “…and the failover data communications…” (emphasis added) in order to resolve the lack of antecedent basis in the limitations. Appropriate correction is required.
All dependent claims are objected to as having the same deficiencies as the claims they depend from.
Note: For examination purposes, the claims will be interpreted based on the claim language suggested by the Examiner.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 11 and 13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 11 recites the limitation “the failover voice communications” in lines 2 and 3-4. There is insufficient antecedent basis for this limitation in the claims. It is unclear whether “the failover voice communications” refers to the “failover voice communications” from a first combination of failover voice communications recited in claim 8, line 2, to the “failover voice communications” from a second combination of failover voice communications recited in claim 8, lines 4-5, or to a different/distinct failover voice communications.
Claim 11 recites the limitation “the failover data communications” in lines 3 and 4. There is insufficient antecedent basis for this limitation in the claims. It is unclear whether “the failover data communications” refers to the “failover data communications” from a first combination of … and failover data communications recited in claim 8, lines 2-3, to the “failover data communications” from a second combination of … and failover data communications recited in claim 8, lines 4-5, or to a different/distinct failover data communications.
Claim 13 recites the limitation “the failover data communications” in line 3. There is insufficient antecedent basis for this limitation in the claims. It is unclear whether “the failover data communications” refers to the “failover data communications” from a first combination of … and failover data communications recited in claim 8, lines 2-3, to the “failover data communications” from a second combination of … and failover data communications recited in claim 8, lines 4-5, or to a different/distinct failover data communications.
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 1-4, 6, 8-11 and 15-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by “Poulson et al.” (US PGPUB 2015/0036485) (Hereinafter Poulson).
With respect to claim 1, Poulson teaches a voice and data communications failover infrastructure comprising:
a communication stream carrying a combination of failover voice communications and failover data communications (a recovery network 140 may provide communication recovery services to the organization 110. The recovery services may be activated during a fault condition or other disruption of service between the organization 110 and the PCN 120. The recovery network 140 may service the communication requests using an alternative communication path, such as a satellite network 150. Gateway 118 receives data over the satellite network 150. The data transmitted over the satellite network 150 may include a plurality of multiplexed data streams (e.g., voice call streams, fax streams, IP data streams, and so on; Fig. 1, [0033]-[0034], [0041]-[0043]);
a data receiver (gateway 118; Fig. 1, [0041]-[0043]) that receives the communication stream, the data receiver configured to separate the failover voice communications from the failover data communications in response to a detected primary service disruption (a recovery network 140 may provide communication recovery services to the organization 110. The recovery services may be activated during a fault condition or other disruption of service between the organization 110 and the PCN 120. The recovery network 140 may service the communication requests using an alternative communication path, such as a satellite network 150. Gateway 118 receives data over the satellite network 150. The data transmitted over the satellite network 150 may include a plurality of multiplexed data streams (e.g., voice call streams, fax streams, IP data streams, and so on. The gateway 118 may be configured to identify and de-multiplex the various data streams within the incoming data (e.g., identify and de-multiplex voice data, fax data, IP network data, and so on); Fig. 1, [0033]-[0034], [0041]-[0043]);
a first data path connected to the data receiver configured to carry the failover voice communications of the communication stream to at least one voice communication gateway (gateway 118 may be configured to identify and de-multiplex the various data streams within the incoming data (e.g., identify and de-multiplex voice data, fax data, IP network data, and so on). The gateway 118 may then process (e.g., format) and/or route the de-multiplexed data to the appropriate receiver within the communication system 112 (e.g., route voice/fax data to the PBX 113, route IP network data to the computing devices 115, and so on); Fig. 1, [0033]-[0034], [0041]-[0045]); and
a second data path connected to the data receiver configured to carry the failover data communications of the communication stream to at least one data access point (gateway 118 may be configured to identify and de-multiplex the various data streams within the incoming data (e.g., identify and de-multiplex voice data, fax data, IP network data, and so on). The gateway 118 may then process (e.g., format) and/or route the de-multiplexed data to the appropriate receiver within the communication system 112 (e.g., route voice/fax data to the PBX 113, route IP network data to the computing devices 115, and so on). The gateway 118 may be configured to de-multiplex and/or format inbound IP data received via the satellite network 150 from a format used on the satellite network 150 into a format that is usable by the computing devices 115 (e.g., formatted into IP packets, etc.). IP-enabled devices 982 may be coupled to the IP network 119 using respective wired and/or wireless connections to infrastructure components of the IP-network 980, such as routers, hubs, switches, wireless access points, or the like; Figs. 1 and 9A, [0033]-[0034], [0041]-[0045], [0157]).
With respect to claim 2, Poulson teaches the voice and data communications failover infrastructure as recited in claim 1, wherein the communication stream is a combination of a satellite voice data stream and a cellular data stream (although the alternative communication path 150 is shown in FIG. 1 as a satellite network 150, any alternative communication path known in the art could be used. Examples of alternative communication paths include, but are not limited to: one or more wireless networks (e.g., a wireless point-to-point network), one or more radio frequency (RF) network, a dedicated, wired network, an IP network, a cellular network, a combination of networks, or the like.; Figs. 1 and 9A, [0033]-[0034], [0037], [0041]-[0045], [0157]).
With respect to claim 3, Poulson teaches the voice and data communications failover infrastructure as recited in claim 1, wherein the communication stream is a combination of a satellite voice data stream and a satellite data stream (the alternative communication path, satellite network 150, may provide a communication link between the recovery network 140 and organization 110 that is independent of the PCN 120. Therefore, the recovery network 140 may be capable of providing communications services for the organization 110 regardless of (e.g., independently of) the organization's 110 connectivity to the PCN 120; Figs. 1 and 9A, [0033]-[0034], [0036], [0041]-[0045], [0157]).
With respect to claim 4, Poulson teaches the voice and data communications failover infrastructure as recited in claim 1, wherein the data receiver separates the failover voice communications from the failover data communications based on data types assigned to each of the failover voice communications and the failover data communications (gateway 118 may be configured to identify and de-multiplex the various data streams within the incoming data (e.g., identify and de-multiplex voice data, fax data, IP network data, and so on). The gateway 118 may then process (e.g., format) and/or route the de-multiplexed data to the appropriate receiver within the communication system 112 (e.g., route voice/fax data to the PBX 113, route IP network data to the computing devices 115, and so on). The gateway 118 may be configured to de-multiplex and/or format inbound IP data received via the satellite network 150 from a format used on the satellite network 150 into a format that is usable by the computing devices 115 (e.g., formatted into IP packets, etc.). IP-enabled devices 982 may be coupled to the IP network 119 using respective wired and/or wireless connections to infrastructure components of the IP-network 980, such as routers, hubs, switches, wireless access points, or the like; Figs. 1 and 9A, [0033]-[0034], [0041]-[0045], [0157]).
With respect to claim 6, Poulson teaches the voice and data communications failover infrastructure as recited in claim 1, wherein the data receiver further receives a second data stream (gateway 118 receives data over the satellite network 150. The data transmitted over the satellite network 150 may include a plurality of multiplexed data streams (e.g., voice call streams, fax streams, IP data streams, and so on. Gateway 118 may be configured to identify and de-multiplex the various data streams within the incoming data (e.g., identify and de-multiplex voice data, fax data, IP network data, and so on). The gateway 118 may then process (e.g., format) and/or route the de-multiplexed data to the appropriate receiver within the communication system 112 (e.g., route voice/fax data to the PBX 113, route IP network data to the computing devices 115, and so on). The gateway 118 may be configured to de-multiplex and/or format inbound IP data received via the satellite network 150 from a format used on the satellite network 150 into a format that is usable by the computing devices 115 (e.g., formatted into IP packets, etc.). IP-enabled devices 982 may be coupled to the IP network 119 using respective wired and/or wireless connections to infrastructure components of the IP-network 980, such as routers, hubs, switches, wireless access points, or the like; Figs. 1 and 9A, [0033]-[0034], [0041]-[0045], [0157]).
The limitations of claim 8 are rejected in the analysis of claims 1 and 6 above and this claim is rejected on that basis.
The limitations of claims 9-11 are rejected in the analysis of claims 2-4 respectively and these claims are rejected on that basis.
The limitations of claim 15 are rejected in the analysis of claim 1 above and this claim is rejected on that basis.
With respect to claim 16, Poulson teaches the method as recited in claim 15, wherein the communication failover plan comprises failover instructions that prompt the service provider site to provide failover voice communications and failover data communications over a non-terrestrial satellite network and that prompt the data receiver to receive the failover voice communications and failover data communications in the communication stream (communications between the entities 130 and the organization 110 can be disrupted by a fault condition occurring within the PCN 120 and/or between the PCN 120 and the organization 110 (e.g., on the communication line 122), and/or within the organization 110 itself (e.g., the PBX 113). As used herein, a fault condition may refer to any condition wherein services provided to the organization 110 by the PCN 120 are disrupted or degraded. The recovery network 140 may provide an alternative communication path by which communication between the entities 130 and the organization 110 may be maintained during a disruption of service in the PCN 120 or elsewhere. For example, in some embodiments, the recovery network 140 may configure the PCN 120 to divert incoming communication requests directed to the organization 110 (e.g., incoming calls, faxes, email messages, etc.) to the recovery network 140. The recovery network 140 may service the communication requests using an alternative communication path, such as a satellite network 150; Figs. 1 and 9A, [0030]-[0036], [0036], [0041]-[0045], [0157]).
With respect to claim 17, Poulson teaches the method as recited in claim 16, wherein the primary service disruption is a disruption in at least one of terrestrial internet services or terrestrial phone services (communications between the entities 130 and the organization 110 can be disrupted by a fault condition occurring within the PCN 120 and/or between the PCN 120 and the organization 110 (e.g., on the communication line 122), and/or within the organization 110 itself (e.g., the PBX 113). As used herein, a fault condition may refer to any condition wherein services provided to the organization 110 by the PCN 120 are disrupted or degraded. The recovery network 140 may provide an alternative communication path by which communication between the entities 130 and the organization 110 may be maintained during a disruption of service in the PCN 120 or elsewhere. For example, in some embodiments, the recovery network 140 may configure the PCN 120 to divert incoming communication requests directed to the organization 110 (e.g., incoming calls, faxes, email messages, etc.) to the recovery network 140. The recovery network 140 may service the communication requests using an alternative communication path, such as a satellite network 150; Figs. 1 and 9A, [0030]-[0036], [0036], [0041]-[0045], [0157]).
With respect to claim 18, Poulson teaches the method as recited in claim 17, further comprising, prior to receiving the communication stream, receiving voice communications via a terrestrial phone service pathway and receiving data communications via a terrestrial internet service pathway (organization 110 includes a communication system 112, which communicatively couples the organization 110 to a public communication network (PCN) 120. The PCN 120 may encompass any communications network known in the art, including but not limited to: a public switched telephone network (PSTN), a cellular communications network, an Internet Protocol (IP) Network implementing voice-over-IP (VoIP), a radio network (e.g., emergency services radio network), or the like. The communications line 122 may include a fiber-optic line (e.g., a T1 line) and/or any other data communications medium known in the art (e.g., copper cabling, wireless transmission, or the like). The organization 110 may include a number of different communication endpoints (e.g., communications devices 114), which may include, but are not limited to: telephones, fax machines, computing devices (e.g., personal computers), automated calling systems, voicemail systems, voice conferencing systems, group-messaging systems, radio systems, and the like; Figs. 1 and 9A, [0026]-[0036], [0036], [0041]-[0045], [0157]).
With respect to claim 19, Poulson teaches the method as recited in claim 15, wherein the data receiver separates the failover voice communications from the failover data communications by: determining a data type associated with each received communication; and directing each received communication along the first data path or the second data path based on the data type (gateway 118 may be configured to identify and de-multiplex the various data streams within the incoming data (e.g., identify and de-multiplex voice data, fax data, IP network data, and so on). The gateway 118 may then process (e.g., format) and/or route the de-multiplexed data to the appropriate receiver within the communication system 112 (e.g., route voice/fax data to the PBX 113, route IP network data to the computing devices 115, and so on). The gateway 118 may be configured to de-multiplex and/or format inbound IP data received via the satellite network 150 from a format used on the satellite network 150 into a format that is usable by the computing devices 115 (e.g., formatted into IP packets, etc.). IP-enabled devices 982 may be coupled to the IP network 119 using respective wired and/or wireless connections to infrastructure components of the IP-network 980, such as routers, hubs, switches, wireless access points, or the like; Figs. 1 and 9A, [0033]-[0034], [0041]-[0045], [0157]).
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 of this title, 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 5, 7, 12-14 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Poulson in view of “Mihelich et al.” (US PGPUB 2016/0182450) (Hereinafter Mihelich).
With respect to claim 5, Poulson teaches the voice and data communications failover infrastructure as recited in claim 1. Poulson does not teach wherein the first data path and the second data path comprise separate VLANs, and further comprising a firewall in the second data path connected to the data receiver that the failover data communications pass through prior to arriving at the at least one data access point.
However, Mihelich teaches wherein the first data path and the second data path comprise separate VLANs, and further comprising a firewall in the second data path connected to the data receiver that the failover data communications pass through prior to arriving at the at least one data access point (data packets are forwarded to a firewall security device (e.g., firewall security device) with a designated VLAN tag. A first data traffic is tagged as being associated with a VLAN, and a second data traffic is tagged as being associated with a different VLAN. After the data traffic is tagged with a service group VLAN, it is load balanced to the firewall security device belonging in that service group; [0089], [0098], [0104]).
It would have been obvious to a person with ordinary skill in the art before the effective filing date of the claimed invention to incorporate using separate VLANs for data traffic routing to Poulson because Poulson discloses routing data using alternative communication paths ([0037]) and Mihelich suggests using separate VLANs for data traffic routing ([0098]).
One of ordinary skill in the art would be motivated to utilize the teachings of Mihelich in the Poulson system in order to provide stronger security boundaries to communication systems.
With respect to claim 7, Poulson teaches the voice and data communications failover infrastructure as recited in claim 6. Poulson does not teach wherein the router performs load balancing between the communication stream and the second data stream.
However, Mihelich teaches wherein the router performs load balancing between the communication stream and the second data stream (data packets are forwarded to a firewall security device (e.g., firewall security device) with a designated VLAN tag. A first data traffic is tagged as being associated with a VLAN, and a second data traffic is tagged as being associated with a different VLAN. After the data traffic is tagged with a service group VLAN, it is load balanced to the firewall security device belonging in that service group. A switching device load balances traffic among firewall security devices; [0053], [0063], [0089], [0098], [0104]).
It would have been obvious to a person with ordinary skill in the art before the effective filing date of the claimed invention to incorporate performing traffic load balancing to Poulson because Poulson discloses routing data ([0037]) and Mihelich suggests performing traffic load balancing ([0053]).
One of ordinary skill in the art would be motivated to utilize the teachings of Mihelich in the Poulson system in order to provide faster and more reliable connectivity.
The limitations of claims 12-13 are rejected in the analysis of claim 5 above and these claims are rejected on that basis.
The limitations of claim 14 are rejected in the analysis of claim 7 above and this claim is rejected on that basis.
The limitations of claim 20 are rejected in the analysis of claim 5 above and this claim is rejected on that basis.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure:
Segel. US 2005/0174935. Discloses switching from wireline to diverse wireless network.
King. US 2009/0257345. Discloses providing self-adapting transport of PSTN network over a wireless network.
Medina et al. US 2019/0014389. Discloses coordinating back-up services for land based content subscribers.
Heifner. US 2011/0280178. Discloses providing backup of a land-based network using a satellite network.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Johnny B Aguiar whose telephone number is (571)272-3563. The examiner can normally be reached on Monday to Friday 7:30 am - 5:30 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joon Hwang can be reached on (571) 272-4036. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHNNY B AGUIAR/
Primary Examiner, Art Unit 2447
September 15, 2026
