Exhibit 1067
`Proposed Substitute Claim 49 / Patent Owner’s Alleged §112 Support / Disclosure in
`U.S. Patent No. 6,442,169 to Lewis (“Lewis”)
`Support in 777 Patent
`Disclosure in Lewis
`
`Claim Element
`
`A method for processing an
`incoming call from a particular
`PSTN tandem switch on a PSTN
`communication network using a
`tandem access controller,
`
`Figs. 1 and 5
`
`’965 App, 9:3-4 and 9:13
`“Fig. 5 is a flowchart of actions taken by the
`TAC 10 in response to an inbound call (using
`the subscriber's public phone number) to the
`subscriber.”
`
`“Incoming call data is received by the TAC 10
`from the tandem switch 16.”
`
`FIGs. 1, 4, 5, 9A
`
`“As noted, open architecture platform 402
`can receive both voice and data traffic. This
`traffic can be received from any network
`node of a telecommunications carrier. A
`telecommunications carrier can include, for
`example, a LEC, a CLEC, an IXC, and an
`Enhanced Service Provider (ESP). In a
`preferred embodiment, this traffic is received
`from a network node which is, for example . .
`. a class 3/4 switch, such as AT 106.
`Alternatively, the network system can also
`be, for example, a CLEC, or other enhanced
`service provider (ESP), an international
`gateway or global point-of-presence (GPOP),
`or an intelligent peripheral. Accordingly,
`open architecture platform 402 integrates
`both voice and data traffic on a single
`platform.” 19:54-67.
`
`“FIG. 4 includes an overview of an enhanced
`telecommunications network 400 according
`to the present invention. This invention
`relates to the convergence of two types of
`networks, i.e., voice and data networks.
`
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`Telecommunications network 400 provides a
`bypass connection from the ingress EO 104
`(a class 5 switch) or from AT 106 (a class 3/4
`switch) to the called party 110 and ISP 112.
`Alternatively, it would be apparent to a
`person having ordinary skill in the art that an
`AT 106 can also be, for example, a CLEC, or
`other enhanced service provider (ESP), an
`international gateway or global point-of-
`presence (GPOP), or an intelligent peripheral.
`The connection is called a bypass connection
`because it bypasses the connections from the
`egress EO 108 to called party 110 and ISP
`112. In other words, for example, the
`facilities of the incumbent LEC (ILEC)
`terminating the call of originating caller 102
`are bypassed.” 19:22-37.
`
`FIGs, 1, 4, 5, 9A
`
`“FIG. 1 also includes end offices (EOs) 104
`and 108. EO 104 is called an ingress EO
`because it provides a connection from calling
`party 102 to public switched telephone
`network (PSTN) facilities. EO 108 is called
`an egress EO because it provides a
`connection from the PSTN facilities to a
`called party 110. In addition to ingress EO
`104 and egress EO 108, the PSTN facilities
`associated with telecommunications network
`100 include an access tandem (AT) 106 that
`provides access to one or more inter-
`exchange carriers (IXCs) for long distance
`
`wherein the PSTN
`communication network
`comprises edge switches
`connected to telephones on one
`side and PSTN tandem switches
`on the other side, wherein the
`PSTN tandem switches include
`the particular PSTN tandem
`switch, wherein the edge
`switches route calls within a
`local geographic area, wherein
`the PSTN tandem switches route
`calls to the edge switches or to
`the PSTN tandem switches in
`other geographic areas,
`
`’965 App, 2:1-5 and 7:10-12
`“The Public Switched Telephone Network
`(PSTN) consists of a plurality of edge switches
`connected to telephones on one side and to a
`network of tandem switches on the other. The
`tandem switch network allows connectivity
`between all of the edge switches, and a
`signaling system is used by the PSTN to allow
`calling and to transmit both calling and called
`party identity.”
`
`“As is well known, PSTN tandem switches are
`exchanges that direct telephone calls (or other
`traffic) to central offices 17, 18 or to other
`tandem switches.”
`
`
`
`2
`
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`wherein the PSTN tandem
`switches are not the edge
`switches,
`
`
`Figs. 1, 2, 7, and 8
`
`traffic. Alternatively, it would be apparent to
`a person having ordinary skill in the art that
`AT 106 could also be, for example, a CLEC,
`or other enhanced service provider (ESP), an
`international gateway or global point-of-
`presence (GPOP), or an intelligent
`peripheral.” 15:7-20
`
`Figs. 1, 2, 7, and 8
`
`FIGs. 1, 4, 5, 9A
`
`’965 App, 2:1-5 and 7:10-12
`“The Public Switched Telephone Network
`(PSTN) consists of a plurality of edge switches
`connected to telephones on one side and to a
`network of tandem switches on the other. The
`tandem switch network allows connectivity
`between all of the edge switches, and a
`signaling system is used by the PSTN to allow
`calling and to transmit both calling and called
`party identity.”
`
`“As is well known, PSTN tandem switches are
`exchanges that direct telephone calls (or other
`traffic) to central offices 17, 18 or to other
`tandem switches.”
`
`“EO 104 and AT 106 are part of a switching
`hierarchy. EO 104 is known as a class 5
`office and AT 106 is a class 3/4 office switch.
`Prior to the divestiture of the RBOCs from
`AT&T, an office classification was the
`number assigned to offices according to their
`hierarchical function in the U.S. public
`switched network (PSTN). An office class is
`a functional ranking of a telephone central
`office switch depending on transmission
`requirements and hierarchical relationship to
`other switching centers. A class 1 office was
`known as a Regional Center (RC), the highest
`level office, or the "office of last resort" to
`complete a call. A class 2 office was known
`as a Sectional Center (SC). A class 3 office
`was known as a Primary Center (PC). A class
`4 office was known as either a Toll Center
`(TC) if operators were present, or otherwise
`as a Toll Point (TP). A class 5 office was an
`End Office (EO), i.e., a local central office,
`the lowest level for local and long distance
`switching, and was the closest to the end
`subscriber. Any one center handles traffic
`
`
`
`3
`
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`from one or more centers lower in the
`hierarchy. Since divestiture and with more
`intelligent software in switching offices, these
`designations have become less firm.
`Technology has distributed functionality
`closer to the end user, diffusing traditional
`definitions of network hierarchies and the
`class of switches.” 15:20-43
`
`wherein the PSTN tandem
`switches are not directly
`connected to any of the
`telephones,
`
`receiving a first request to
`establish the incoming call,
`which is intended for a specified
`recipient, at a tandem access
`controller in communication
`with the particular PSTN tandem
`switch,
`
`Figs. 1, 2, 7, and 8
`
`Figs. 1, 4, 5, 9A
`
`Fig. 5, Box 2
`
`’965 App, 7:16-19 and 10:25 – 11:2
`“The PSTN tandem switch 16 directs a first call
`(from the calling party 20 to the subscriber's
`phone 14 using the subscriber's public phone
`number) to the TAC 10, which in turn places a
`second call, subject to 3rd-party control
`information, to the subscriber's "private" phone
`number without yet terminating the first call.”
`“Certain advantages that can be obtained using
`the invention include the following:
`Web-Based Telecom Navigator Manage
`Incoming Call Control
`• Conditional Call Blocking/Forwarding/Alerting
`• Time-of-Day, Day-of-Week, Follow-Me, Caller
`
`FIGs. 1, 4, 5, 9A, 10A
`
`“In step 1002 of FIG. 10A, the technique
`receives signaling information to set up data
`calls and voice calls from a calling party to a
`called party. In step 1004, the technique
`converts the signaling information into an
`open architecture protocol format. In step
`1006, data calls and voice calls are received
`at open architecture switch 502. In step 1008,
`the technique distinguishes between data calls
`and voice calls. In step 1010, the technique
`controls NASs, i.e., [tandem] NAS bays 504
`and [modem NAS bays] 514, using the open
`architecture protocol. In step 1012, the
`method terminates data calls to modems in a
`modem NAS bay, e.g., in modem NAS 514,
`for conversion to a packetized data format for
`transmission to network nodes. Alternatively,
`in step 1012, a tunnel is established between
`
`
`
`4
`
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`the user and the destination data network. In
`step 1014, the method transmits voice calls to
`a voice switch for transmission to the called
`party.” 27:2-18.
`
`“In a preferred embodiment, a NORTEL
`DMS switch, model DMS 500, available
`from NORTEL, Richardson, Tex., is used for
`switching of voice traffic” 30:57-69
`
`“FIGS. 10B and 10C depict more detailed
`description of the technique outlined in FIG.
`10A. Specifically, these figures depict an
`inbound call flow into open architecture
`platform 402. An inbound call is where an
`incoming call (into the open architecture
`platform) is connected to a called party (for a
`voice connection) or an ISP (for a data
`connection).
`
`Referring to FIG. 10B, in step 1018 an
`originating caller 102 (shown in FIG. 1) gains
`access to LEC facilities. This is performed
`according to known methods as described
`with respect to FIG. 1. As one example,
`originating caller 102, using a telephone, can
`go off-hook to place a switched voice call to
`the LEC facilities. As another example,
`calling party 102 can use a host computer, in
`concert with a modem, to establish a data
`connection with the LEC facilities (i.e., the
`modem of calling party 102 takes the line off-
`hook). As those skilled in the art will
`recognize, any of the access methods
`
`
`
`5
`
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`described with respect to FIG. 9A, in addition
`to other known methods, can be used to
`access the LEC facilities.” 27:3-36.
`
`“In step 1024, the LEC facilities perform a
`table lookup and then transmit the call to a
`facility (e.g., a class 4 AT switch or a class 5
`EO switch) that is connected to open
`architecture platform 402.” 27:59-61.
`
`“AT 106 creates an IAM. This IAM can
`include the calling party's number (if
`available), the called party's number, the
`point code of ATI 06 as the OPC, the point
`code of the open architecture switch 502 as
`the DPC, and the CIC representing the bearer
`channel over link 406 containing the call. The
`IAM is sent to the SS7 GW 512, presenting
`the call on a bearer channel represented by
`another CIC over link 406 to tandem NAS
`bay 504 (a bearer channel interface).” 29:1-8.
`
`“Alternatively, the connection can be
`established from calling party 102 to EO 104
`and then to AT 106, then over trunk 406 to
`open architecture platform 402, then over
`trunk 410 to called party.” 110. 20:18-21.
`
`“In step 1024, the LEC facilities perform a
`table lookup and then transmit the call to a
`facility (e.g., a class 4 AT switch or a class 5
`EO switch) that is connected to open
`architecture platform 402.” 27:59-61.
`
`wherein communications,
`including the first request to
`establish the incoming call,
`between the tandem access
`controller and the particular
`PSTN tandem switch, occur
`without passing through any of
`the edge switches,
`
`Figs. 1, 2, 7, and 8
`
`’965 App, 2:6-18
`“Until now, optional features were provided by
`the local service telephone company (telco)
`through the edge switch at the central office
`(CO). It was not possible to provide optional
`features through any other means. Control of
`these features was done through the first party
`(calling party) or the second party (called party),
`or worse yet, manually by calling the business
`
`
`
`6
`
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`office.
`In the past, numerous devices have been built
`that allow the connection of two lines together
`at an edge switch. These devices can be used to
`add features to a telephone network by receiving
`a call on one line and then dialing out on
`another line. The problem with these devices is
`that, because they are connected through an
`edge switch, transmission losses and
`impairments occur, degrading the overall
`connection. In addition, signaling limitations
`prevent full control, by the subscriber or the
`system, over the call.
`A preferred embodiment of the inventive system
`described herein connects at the tandem, thereby
`eliminating these problems.”
`’119 App, 8:28-31, 9:20-25
`
`“The PSTN tandem switch 16 directs a first call
`(from the calling party 20 to the subscriber's
`phone 14 using the subscriber's public phone
`number) to the TAC 10, which in turn places a
`second call, subject to 3rd-party control . . . .”
`
`“The reader should keep in mind that although
`only one tandem switch 16 is shown in FIG. 1,
`the invention will apply equally well to a
`network of tandem switches, as shown in FIG.
`2. FIG. 2 also illustrates how the subscriber can
`make calls using voice over IP via a
`conventional digital telephone 21.”
`
`“AT 106 creates an IAM. This IAM can
`include the calling party's number (if
`available), the called party's number, the
`point code of ATI 06 as the OPC, the point
`code of the open architecture switch 502 as
`the DPC, and the CIC representing the bearer
`channel over link 406 containing the call. The
`IAM is sent to the SS7 GW 512, presenting
`the call on a bearer channel represented by
`another CIC over link 406 to tandem NAS
`bay 504 (a bearer channel interface).” 29:1-8.
`
`
`
`“Referring to FIG. 10B, in step 1018 an
`originating caller 102 (shown in FIG. 1) gains
`access to LEC facilities. This is performed
`according to known methods as described
`with respect to FIG. 1. As one example,
`originating caller 102, using a telephone, can
`go off-hook to place a switched voice call to
`the LEC facilities. As another example,
`calling party 102 can use a host computer, in
`concert with a modem, to establish a data
`connection with the LEC facilities (i.e., the
`modem of calling party 102 takes the line off-
`hook). As those skilled in the art will
`recognize, any of the access methods
`described with respect to FIG. 9A, in addition
`
`the calling party using a
`communications device to
`originate the first call request for
`the purpose of initiating voice
`communication to the
`subscriber,
`
`
`
`7
`
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`identifying a control criteria
`previously associated with the
`specified recipient at the tandem
`access controller, wherein the
`control criteria is previously
`entered via a web-based
`interface and instructs the
`tandem access controller to
`block calls for the specified
`recipient; and
`
`Fig. 5, Boxes 4, 7, and 10
`
`’965 App, 8:19-22, 8:5-10, 9:11-12 (entry via a
`web based interface)
`“Fig. 1 uses a public internet portal connected
`via a data link to the TAC 10 or other interface
`system. As a registered subscriber, a user logs
`onto the portal (Fig.
`3) and is granted access, allowing the user to
`make additions or changes to features such as
`speed calling, call forwarding, selection of such
`descriptors as time of day, busy status, caller ID
`status, etc.”
`
`“Fig. 1 illustrates the preferred method for an
`authorized subscriber to modify the 3rd-party
`control criteria by means of the world wide web
`22 (and web server 23) using an internet
`browser. By "authorized" we mean a subscriber
`who is registered and has logged- in with
`appropriate security and password controls. The
`subscriber 12 interacts with the web 22 via the
`Internet to quickly and easily specify the
`enhanced 3rd-party call control features. Web
`22 then relays this information, in appropriate
`form, to the TAC 10.”
`
`“Places outgoing calls in response to incoming
`calls according to information downloaded on
`the data link.”
`
`to other known methods, can be used to
`access the LEC facilities.” 27:26-36.
`
`FIGs. 5-7
`
`“GW 508 comprises SS7 gateway (SS7 GW)
`512, control server 510, and database 516
`communicating with control server 510.”
`20:64-66
`
`“An example control server 510 application
`(as implemented using computer programs) is
`illustrated symbolically in FIG. 7. FIG. 7
`illustrates the OAP control server application
`700, which is a call processing coordinator.
`OAP control server application 700 receives
`SS7 signals in object or wire line protocol
`form from SS7 GW 512. Based upon the
`signals, it handles resource allocation,
`signaling responses and translation services.”
`22:36-42
`
`“OAP translator 714 object or wire line
`protocol format maps telephone numbers
`onto OAP database 716. OAP database 716
`contains the destination of the call, any class
`functions associated with the call, the type of
`routing algorithm that should be used, and a
`status associated with the telephone number.
`OAP router service 718 is an object or wire
`line protocol which transports requests for
`routing paths, including both delivery and
`receipt of responses.” 22:50-57
`
`
`
`8
`
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`
`’965 App, 8:10-15 (identifying call blocking as
`a feature that can be selected)
`“Preferably, the link to the TAC 10 uses a
`secure protocol. Examples of features that can
`be selected by the subscriber include:
`conditional call blocking, call forwarding, call
`altering, time of day conditions, day ’965 App,
`2:11-16 and 3:14-17
`
`“In the past, numerous devices have been built
`that allow the connection of two lines together
`at an edge switch. These devices can be used to
`add features to a telephone network by receiving
`a call on one line and then dialing out on
`another line. The problem with these devices is
`that, because they are connected through an
`edge switch, transmission losses and
`impairments occur, degrading the overall
`connection. In addition, signaling limitations
`prevent full control, by the subscriber or the
`system, over the call.”
`
`“In addition to these toll services, there are edge
`devices that perform some of the same services.
`Edge devices such as phones and PBXs that
`include voice mail, inter-active voice response,
`call forwarding, speed calling, etc., have been
`used to provide additional call control. These
`devices allow the phone user direct control over
`incoming and outgoing calls.”
`
`Call control for an inbound call is performed
`in gateway 508 and is shown in FIG. 13. Call
`control application can reject an incoming
`call 1310, 1346 based on call processing.
`OAP database 716 is used for call processing
`and includes the destination of the call, any
`class functions associated with the call, the
`type of routing algorithm that should be used,
`and a status associated with the telephone
`number, which would include well known
`call blocking features. For example, exhibit
`1001 (’777 Patent), 5:25-36 describes call
`blocking features as well known.
`(“[F]eatures that can be selected by a
`subscriber include . . . conditional call
`blocking . . . These features can be
`implemented . . . using known software
`techniques since such features are known.”),
`6:44-51 (“Devising the software/firmware use
`[sic] to control the TAC is well within the
`capability of those skilled in the art since he
`various control features that can be made
`available are generally already known.”); Ex.
`1059, 35:20-37:9
`
`“One important example of such corporations
`are Internet Service Providers (ISPs) provide
`dial-up and direct connection access to
`Internet subscribers.” 3:65-4:1
`
`“PPP is a well-known protocol that permits a
`computer to establish a connection with the
`Internet using a standard modem. It supports
`high-quality, graphical user-interfaces, such
`
`
`
`9
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`blocking the incoming call
`received at the tandem access
`controller in accordance with the
`control criteria.
`
`’965 App, 8:10-16
`“Preferably, the link to the TAC 10 uses a
`secure protocol. Examples of features that can
`be selected by the subscriber include:
`conditional call blocking, call forwarding, call
`altering, time of day conditions, day of week
`conditions, follow-me, caller
`recognition/password, caller ID, call
`screening/retrieval from voice mail, speed
`dialing, interactive voice response, and speech
`recognition. Any other feature could be added.
`These features can be implemented in the TAC
`10 using known software techniques since such
`features are known.”
`
`
`
`10
`
`as Netscape.” 15:60-63; 12:5-8; see also Ex.
`1001 (’777 Patent), 1:29-32; Ex. 1059, 35:20-
`37:9; Ex. 1060, 271:12-18
`
`
`
`FIGs. 5-7, 10C
`
`“OAP router service 718 is an object or wire
`line protocol which transports requests for
`routing paths, including both delivery and
`receipt of responses.” 22:55-57
`
`“OAP router service 718 runs as a query
`daemon, providing a variety of routing
`strategies for the distribution of incoming and
`outgoing calls across the large, redundant
`network.” 23:27-30.
`
`“Control server 510 looks up the called party
`number in internal or external database 516 . .
`. Based on the type of call, control server 510
`indicates to control facilities (associated with
`tandem NAS bay 504) how to route the
`traffic.” 29:44-51.
`
`Call control for an inbound call is performed
`in gateway 508 and is shown in FIG. 13. Call
`control application can reject an incoming
`call 1310, 1346 based on call processing.
`OAP database 716 is used for call processing
`and includes the destination of the call, any
`class functions associated with the call, the
`type of routing algorithm that should be used,
`
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`and a status associated with the telephone
`number, which would include well known
`call blocking features. For example, exhibit
`1001 (’777 Patent), 5:25-36 describes call
`blocking features as well known. (“[F]eatures
`that can be selected by a subscriber include . .
`. conditional call blocking . . . These features
`can be implemented . . . using known
`software techniques since such features are
`known.”), 6:44-51 (“Devising the
`software/firmware use [sic] to control the
`TAC is well within the capability of those
`skilled in the art since he various control
`features that can be made available are
`generally already known.”); Ex. 1059, 35:20-
`37:9
`
`
`
`
`
`11
`
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