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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'HkNO, CHI TANG P 



PAPER NUMBER 



NOTIFICATION DATE | DELIVERY MODE 
08/24/201 1 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. 

10/595,145 
Examiner 
PETER CHENG 



Applicant(s) 

EKSTROM ET AL, 
Art Unit 

2463 



- 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 27 April 2011 . 
2a)D This action is FINAL. 2b)^ This action is non-final. 

3) D An election was made by the applicant in response to a restriction requirement set forth during the interview on 

; the restriction requirement and election have been incorporated into this action. 

4) 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 

5) M Claim(s) _LZ is/are pending in the application. 

5a) Of the above claim(s) is/are withdrawn from consideration. 

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

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

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

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

Application Papers 

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

1 1) D The drawing(s) filed on is/are: a)D accepted or b)D 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). 

12) 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 

13) 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. 

2. D 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) ^ Notice of References Cited (PTO-892) 

2) O Notice of Draftsperson's Patent Drawing Review (PTO-948) 

3) □ Information Disclosure Statement(s) (PTO/SB/08) 

Paper No(s)/Mail Date . 

PTOL-326 (Rev. 03-1 1 ) Office 



4) Interview Summary (PTO-413) 
Paper No(s)/Mail Date. . 

5) O Notice of Informal Patent Application 

6) □ Other: . 



Summary Part of Paper No./Mail Date 20110817 



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



Page 2 



DETAILED ACTION 

Continued Examination Under 37 CFR 1. 1 14 

1 . A request for continued examination under 37 CFR 1.114, including the fee set 
forth in 37 CFR 1 .1 7(e), was filed in this application after final rejection. Since this 
application is eligible for continued examination under 37 CFR 1.114, and the fee set 
forth in 37 CFR 1 .1 7(e) has been timely paid, the finality of the previous Office action 
has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/27/1 1 
has been entered. 

Response to Arguments 

1 . Applicant's arguments with respect to claim 5 have been considered but are moot 
in view of the new ground(s) of rejection. In particular, the new reference Bhatia 
teaches the new limitation "each extra port corresponding to a particular new session". 

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. 



Application/Control Number: 10/595,145 Page 3 

Art Unit: 2463 

2004/0190689 A1 to Benitez Pelaez et al., further in view of U.S. Patent No. 6,563,824 
B1 to Bhatia 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 
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 



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

Art Unit: 2463 

"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 "provid[ed]" 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. 1 1 , lines 1 4-20 and col. 1 0, 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, 122 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. 1 1 , 14-20, thus all of the above teaching 
"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 



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

Art Unit: 2463 

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 
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; 



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

Art Unit: 2463 

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. 
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 



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

Art Unit: 2463 

channels in interactive systems. (Albers, col. 3, lines 13-35; Benitez Pelaez, paragraphs 
1, 6 and 7). 

Albers and Benitez Pelaez do not expressly disclose each extra port 
corresponding to a particular new session. 

Bhatia discloses each extra port corresponding to a particular new session (Figs. 
5-7 and col. 15, line 17 - col. 18, teaching a process that ensures that a "LAN modem 
300 assigns a distinct public source port number in the NAT table for each packet 
transmitted from the same workstation during a given session", such "distinct ["unique"] 
public source port number" teaching an "extra port"; further teaching "if the LAN modem 
finds that the public source port number is unique to a given workstation, then the LAN 
modem does not assign the same public source port number to a subsequent 
workstation when the session involving the first workstation is active", thus teaching this 
limitation). 

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 Bhatia, in conjunction with the method 
as disclosed and taught by Albers and Benitez Pelaez. Therefore, Albers, Bhatia 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, each extra port corresponding 
to a particular new session". The suggestion or motivation would have been to provide 
a more efficient, robust and enriched method of data and network communications. 



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

Art Unit: 2463 

(Albers, col. 3, lines 13-35; Benitez Pelaez, paragraphs 1, 6 and 7; Bhatia, cols. 1 and 
2). 

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 
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 112 222-1 111" and "FBI") between the two involved subscribers (Fig. 



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

Art Unit: 2463 

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). 

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

Conclusion 

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). 



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

Art Unit: 2463 

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. 

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IP. C.I 

Examiner, Art Unit 2463 
/Derrick W Ferris/ 

Supervisory Patent Examiner, Art Unit 2463