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United States Patent and Trademark Office 



UNITED STATES DEPARTMENT OF COMMERCE 
I nihil Stall-, Patent ami Trademark Office 

Address: COMMISSIONER FOR PATENTS 



APPLICATION NO. 



FILING DATE 



FIRST NAMED INVENTOR 



ATTORNEY DOCKET NO. CONFIRMATION NO. 



10/595,145 05/0 

27045 7590 

ERICSSON INC. 
6300 LEGACY DRIVE 
M/SEVR 1-C-ll 
PLANO, TX 75024 



C'HkNCi, CHI TANG P 



PAPER NUMBER 



NOTIFICATION DATE | DELIVERY MODE 
01/27/2011 ELECTRONIC 



Please find below and/or attached an Office communication concerning this application or proceeding. 

The time period for reply, if any, is set in the attached communication. 

Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the 
following e-mail address(es): 

kara.coffman @ ericsson.com 
jennifer.hardin@ericsson.com 
mcl issa. rhea@ ericsson.com 



PTOL-90A (Rev. 04/07) 



Office Action Summary 



Application No. 



PETER CHENG 



EKSTROM ET AL. 



- The MAILING DATE of this communication appears on the cover sheet with the correspondence address - 
Period for Reply 

A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS, 
WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION. 

- Extensions of time maybe available under the provisions of 37 CFR 1 .136(a). In no event, however, may a reply be timely filed 
after SIX (6) MONTHS from the mailing date of this communication. 

- If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication. 

- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133). 
Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any 
earned patent term adjustment. See 37 CFR 1 .704(b). 

Status 

1 )IEI Responsive to communication(s) filed on 24 November 2010 . 
2a)M This action is FINAL. 2b)D This action is non-final. 

3) D Since this application is in condition for allowance except for formal matters, prosecution as to the merits is 

closed in accordance with the practice under Ex parte Quayle, 1935 CD. 1 1 , 453 O.G. 213. 

Disposition of Claims 

4) ^3 Claim(s) V7 is/are pending in the application. 

4a) Of the above claim(s) is/are withdrawn from consideration. 

5) D Claim(s) is/are allowed. 

6) E3 Claim(s) 1-7 is/are rejected. 

7) D Claim(s) is/are objected to. 

8) D Claim(s) are subject to restriction and/or election requirement. 

Application Papers 

9) D The specification is objected to by the Examiner. 

10) Q The drawing(s) filed on is/are: a)Q accepted or b)Q objected to by the Examiner. 

Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1 .85(a). 
Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d). 

1 1) D The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152. 

Priority under 35 U.S.C. §119 

12) D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 1 19(a)-(d) or (f). 
a)DAII b)D Some * c)D None of: 

1 .□ Certified copies of the priority documents have been received. 

20 Certified copies of the priority documents have been received in Application No. . 

3.D Copies of the certified copies of the priority documents have been received in this National Stage 
application from the International Bureau (PCT Rule 17.2(a)). 
* See the attached detailed Office action for a list of the certified copies not received. 



Attachment(s) 

1) |7 J Notice of References Cited (PTO-892) 4) Q ] Interview Summary (PTO-413) 

2) □ Notice of Draftsperson's Patent Drawing Review (PTO-948) Paper No(s)/Mail Date. . 

3) □ Information Disclosure Statement(s) (PTO/SB/08) 5) □ Notice of Informal Patent Application 

Paper No(s)/Mail Date . 6) □ Other: . 

PTOL-326 (Rev. 08-06) Office Action Summary Part of Paper No./Mail Date 201 101 18 



Application/Control Number: 10/595,145 
Art Unit: 2463 



Page 2 



DETAILED ACTION 

Response to Arguments 

1 . Applicant's arguments with respect to claim 1 have been considered but are not 
persuasive. 

In particular, Applicant argues that the cited reference Albers does not teach or 
disclose the limitation "assigning an extra port to the media-handling node for each new 
session that is transported through the node" because Albers does not indicate that the 
number of interface modules, the number of interface units, or specifically the number of 
interface units that connect to the enforcement agency terminal are dependent on the 
number of session transported through the 5ess switch" (page 5) and thus, Albers does 
not teach the feature of assigning an extra port "for each new session" (page 5). 

The examiner respectfully disagrees. Claim terms are to be interpreted using the 
broadest reasonable interpretation that is consistent with the specification. MPEP 21 1 1 . 
In light of this, the claim term "extra" port is interpreted to encompass any port that is in 
addition to another port that would be used under normal circumstances for transporting 
normal data. As claimed, there is no requirement that such "extra port[s]" be such that 
their number is "dependent on the number of session transported through" the node; in 
fact, there is no requirement that such "extra ports" be distinct or unique for each 
session. Thus, as set forth below, the "unit 0" port as disclosed in Fig. 2 teaches an 
embodiment of the claimed "extra port". 

Please see rejection below for details. 



Application/Control Number: 10/595,145 
Art Unit: 2463 



Page 3 



Claim Rejections - 35 USC § 103 

1 . The following is a quotation of 35 U.S.C. 1 03(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 1 02 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. 

1 . Claims 5-7 and 1-4 are rejected under 35 U.S.C. 1 03(a) as being unpatentable 
over U.S. Patent No. 6,097,798 to Albers et al., in view of U.S. Patent Publication No. 
2004/0190689 A1 to Benitez Pelaez et al. 

2. As to Claim 5, Albers discloses an arrangement to monitor media session flow in 
a telecommunication network comprising a media-handling node (Fig. 1, "Arlington 
5ESS" node, whose details are further disclosed in Fig. 2 and col. 8, lines 41 -48 and 
col. 10, lines 15-39, disclosing a "media handling node") through which, sessions 
between subscribers (Fig. 1, subscriber "126 684-1111" and subscriber "target 112 222- 
1111") are transported via first ports and second ports (Fig. 2, "interface module 51", 
comprising "units 0 ... n" and col. 10, lines 15-19 and 27-39, disclosing that such "units 1 
... n", i.e., first ports and second ports, "terminate lines from subscriber stations", thus 
disclosing sessions between subscribers are transported via units 1 ... n, i.e., first ports 
and second ports) comprising: 

means for assigning an extra port to the media handling node (Fig. 2 and col. 10, 
lines 26-58, disclosing that in each "5ess" switch, i.e., the "media handling node", there 
are interface modules 51 that each comprise a "unit 0" port that connect to an 



Application/Control Number: 10/595,145 Page 4 

Art Unit: 2463 

enforcement agency terminal, such "unit 0" port teaching "an extra port", noting that 
there is no claimed requirement that all such "extra ports" be unique/distinct for each 
session, thus using the broadest reasonable interpretation of the claim term "extra port", 
the disclosed "unit 0" teaches "an extra port" for each session; col. 10 lines 50-58 
further discloses that each such "5ess" switch, i.e., the media handling node, comprises 
a "time-multiplexed switch 57", which together with "TSI" of each interface module 51 " 
"selectively connects the interface units in call connections [i.e., "sessions"]", i.e., the 
"time-multiplexed switch 57" and the TSI in each interface module collectively disclose 
such means for "assigning" an extra port to the media handling node, since the "unit 0" 
port in the interface modules 51 is readily "provided]" as "an interface for the signaling 
and communication links to an enforcement agency terminal [116]" for all session and 
such "unit 0" port is utilized when a given session is determined to require monitoring as 
taught by col. 1 1 , lines 14-20, the above teaching "assigning an extra port to the media 
handling node", keeping in mind again that there is no claimed requirement that such 
"assigned" port be distinct/unique for each applicable session) for each new session 
that is transported through the node (Fig. 2, col. 11, lines 14-20 and col. 10, lines 26-58, 
teaching that in each "5ess" switch, i.e., the "media handling node", there is at least one 
"unit 0" port that is "provided", i.e., "assigned", as the "extra port" for each new session 
that is in addition to the normal data line of the session, e.g., Fig. 2, 1 22 and see col. 8, 
lines 22-59, such "extra port" being used if the session is determined to require 
monitoring, see col. 8, lines 22-26 and col. 11,1 4-20, thus all of the above teaching 



Application/Control Number: 10/595,145 Page 5 

Art Unit: 2463 

"assigning an extra port to the media handling node for each new session that is 
transported through the node"); 

means (col. 1 1 , lines 14-18 and Fig. 2, "CALEA module processor" in 
combination with "DATA STORE 58", disclosing means for storing in a database; also 
Fig. 1, "service control point scp" and "Irn db" and col. 8, lines 10-16, disclosing a 
database of "local numbers" for rerouting a call to be monitored) for storing in a 
database (col. 8, lines 23-26, disclosing a "table of target directory numbers" for 
surveillance in the CALEA module, thus disclosing database), identification of a first 
subscriber for which monitoring is desired (col. 8, lines 23-26, disclosing a "table of 
target directory numbers" for surveillance in the CALEA module, thus disclosing 
database); 

means for setting up a connection between the first subscriber and a second 
subscriber (col. 8, lines 41-46, disclosing the "Arlington 5ESS", i.e., the media handling 
node, "routes the call to the target telephone 112"; col. 10 lines 50-58 further discloses 
that each such "5ess" switch, i.e., the media handling node, comprises a "time- 
multiplexed switch 57", which together with "TSI" of each interface module 51" 
"selectively connects the interface units in call connections"; thus the "time multiplexed 
switch 57" and the "TSI" together disclose means for setting up a connection between 
the first subscriber and a second subscriber); 

means for connect an assigned extra port that is adherent to the session 
between the first and second subscriber (Fig. 2, "calea module processor", "data store 
58 and "program store 56", col. 8, lines 22-59 and col. 11, lines 14-18, disclosing a 



Application/Control Number: 10/595,145 Page 6 

Art Unit: 2463 

CALEA module that decides what level of surveillance to apply to a session; Fig. 2 and 
col. 8, lines 41-48, disclosing the "Arlington 5ESS" switch, i.e., the media handling node, 
performing surveillance on the session between the first and second subscribers, such 
switch and components therein disclosing and teaching the claimed "means for 
connecting"; col. 10, lines 27-39, disclosing performing surveillance at the 5ESS switch 
by "half-tapping" into a call/session via the extra port "unit 0" in each interface module 
51 ; thus all of the above discloses means for connect an assigned extra port that is 
adherent to the session between the first and second subscriber) and; 

means (Fig. 1 , "Arlington 5ESS" terminal, whose details are further disclosed in 
Fig. 2) for monitoring the session between the first and second subscriber via the 
connected extra port (col. 8, lines 41-49; col. 10, lines 27-39; Fig. 1, disclosing an "FBI" 
agency terminal attached to the "Arlington 5ESS" media handling node, and disclosing 
performing surveillance, i.e., "monitoring", at the 5ESS switch by "half-tapping" into a 
call/session via the extra port "unit 0" in each interface module 51). 

Albers does not expressly disclose node of an internet protocol multimedia 
subsystem domain. 

Benitez Pelaez discloses node (paragraphs 9, 50, 56 and 60, Fig. 1, disclosing 
"media gateway MGW 26", "media gateway controller function MGCF 28", and "call 
session control function cscf22", all comprising a "media handling node", which also 
comprises "MGW 26", i.e., "a gateway", each component hereinabove disclosing a 
"node") of an internet protocol multimedia subsystem domain (paragraphs 9 and 50, Fig. 



Application/Control Number: 10/595,145 Page 7 

Art Unit: 2463 

1 , disclosing that the "MGW 26" gateway, and the components situated in "IMS" is in an 
"internet protocol IP multimedia subsystem" domain). 

At the time of the invention, it would have been obvious to a person of ordinary 
skill in the art to utilize the teachings disclosed in Benitez Pelaez, in conjunction with the 
method as disclosed and taught by Albers. Therefore, Albers and Benitez Pelaez are 
combinable to teach and disclose "means for assigning an extra port to the media 
handling node of an internet protocol multimedia subsystem domain for each new 
session that is transported through the node". The suggestion or motivation would have 
been to provide a more efficient, robust and enriched method of switching programs or 
channels in interactive systems. (Albers, col. 3, lines 13-35; Benitez Pelaez, paragraphs 
1, 6 and 7). 

3. As to Claim 6, please note that Albers and Benitez Pelaez teach and disclose 
the arrangement as in the parent claim 5. 

Albers further discloses further comprising means for sending an indicator (col. 8, 
lines 34-38, "tcap message" sent by the scp to the Arlington 5ess switch, which causes 
the 5ess switch to begin surveillance of the session, i.e., indicator to connect extra port 
and begin monitoring session) from the database indication that the extra port is to be 
connected (col. 10, lines 27-39 and col. 11, lines 13-31 and Fig. 2, "calea module 
processor 54" and "data store 54", "administrative module 55", "communications module 
53" and "interface module 51", all disclosing the "calea module processor" determining 
and sending an indicator to the interface module 51 indicating that the extra port "unit 0" 
is to be used for surveillance/monitoring, i.e., is to be connected, wherein the "data store 



Application/Control Number: 10/595,145 Page 8 

Art Unit: 2463 

54" may also contain a record of such "signaling messages"; also see col. 8, lines 53- 
55, disclosing "delivery of ... call-identifying information to a law enforcement agency"). 

4. As to Claim 7, please note that Albers and Benitez Pelaez teach and disclose 
the arrangement as in the parent claim 5. 

Albers further discloses further comprising means for setting up a three-part 
conference (col. 8, lines 41-48, disclosing the "Arlington 5ess" switch, i.e., the media 
handling node, setting up a three-part conference between subscriber "1 26 684-1 111", 
subscriber "target 1 12 222-1 111" and "FBI") between the two involved subscribers (Fig. 
1 , subscriber "1 26 684-1 111" and subscriber "target 1 1 2 222-1 111") and a monitoring 
facility (Fig. 1, "FBI"). 

5. As to Claim 1 , please see rejection for Claim 5, which recites the same 
limitations. 

6. As to Claim 2, please see rejection for Claim 6, which recites the same 
limitations. 

7. As to Claim 3, please note that Benitez Pelaez and Albers disclose and teach 
the arrangement as in the parent claim 2. 

Albers further discloses whereby the indicator (col. 8, lines 34-38, "tcap 
message" sent by the scp to the Arlington 5ess switch, which causes the 5ess switch to 
begin surveillance of the session, i.e., indicator to connect extra port and begin 
monitoring session) is sent from the database to the media-handling node (col. 8, lines 
34-38, "tcap message is sent from the scp, i.e., the "database", to the Arlington 5ess 
switch, i.e., the media handling node). 



Application/Control Number: 10/595,145 Page 9 

Art Unit: 2463 

8. As to Claim 4, please see rejection for Claim 7, which recites the same 
limitations. 



Conclusion 

9. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time 
policy as set forth in 37 CFR 1 . 1 36(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 
extension fee 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. 

Any inquiry concerning this communication or earlier communications from the 
examiner should be directed to PETER CHENG whose telephone number is (571)272- 
9021 . The examiner can normally be reached on M-Th, 8:00AM - 5:00PM (EST). 

If attempts to reach the examiner by telephone are unsuccessful, the examiner's 
supervisor, Derrick W. Ferris can be reached on (571)272-3123. The fax phone number 
for the organization where this application or proceeding is assigned is 571-273-8300. 



Application/Control Number: 10/595,145 Page 10 

Art Unit: 2463 

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IP. O.I 

Examiner, Art Unit 2463 
/Derrick W Ferris/ 

Supervisory Patent Examiner, Art Unit 2463