`
`UNITED STATES PATENT AND TRADEMARKOFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and. Trademark Office
`Address! SOMMISSIONER FOR PATENTS
`Alexandria, Virginia 22313-1450
`www.usplo.gov
`
`APPLICATION NO,
`
`FILING DATE
`
`,
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`10/740,030
`
`12/18/2003
`
`MichaelJ. Rojas
`
`17188
`
`1731
`
`
`
`SCULLY SCOTT MURPHY& PRESSER, PC (awn|
`
`SMITH, CREIGHTON H
`
`400 GARDEN CITY PLAZA
`SUITE 300
`“GARDEN CITY, NY 11530
`
`.
`
`ART UNIT
`2614
`
`MAIL DATE
`
`03/06/2008
`
`PAPER NUMBER
`
`DELIVERY MODE
`
`PAPER
`
`Please find below and/or attached an Office communication concerningthis application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOL-90A (Rev. 04/07)
`
`176
`
`176
`
`

`

`2614
`
`Office Action Summary
`
`10/740,030
`Examiner
`
`ROJAS, MICHAEL J.
`Art Unit
`
`Application No.
`
`Applicant(s)
`
`Creighton H. Smith
`-- The MAILING DATEofthis 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 may be available underthe provisions of 37 CFR 1.136(a).
`In no event, however, may a reply betimely filed
`after SIX (6) MONTHSfrom the mailing date of this communication.
`-
`{f NO period forreply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom 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, evenif timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s)filed on
`2a) This action is FINAL.
`.
` 2b)X] This action is non-final.
`3)C] Sincethis applicationis 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 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`4) Claim(s) 1-5,7-20,22-35,37-45,47-57,59-69 and 71-76 is/are pending in the application.
`4a) Of the aboveclaim(s) ,6, 27, 36, 46, 58, 70 is/are withdrawn from consideration.
`5)L] Claim(s)___ is/are allowed.
`
`6)[] Claim(s) 1-5, 7-20, 22-35, 37-45, 47-57, 59-69, 71-76 is/are rejected.
`7)\C Clain(s)____ is/are objected to.
`8)L] Claim(s)___ are subjectto restriction and/or election requirement.
`
`Application Papers
`
`9)L_] The specification is objected to by the Examiner.
`
`10)[_] The drawing(s) filed on
`is/are: a){_] accepted or b)[_] 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 requiredif the drawing(s) is objected to. See 37 CFR 1.121(d).
`11)(_] 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)[_] Acknowledgmentis made of a claim forforeign priority under 35 U.S.C. § 119(a)-(d) or(f).
`a)CIAIl b)] Some * c)[Z] Noneof:
`1. Certified copies of the priority documents have been received.
`2.0] Certified copies of the priority documents have been received in Application No.
`3.[.] Copiesof 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) xX Notice of References Cited (PTO-892)
`2) ([] Notice of Draftsperson's Patent Drawing Review (PTO-948)
`3) ([] information Disclosure Statement(s) (PTO/SB/08)
`
`Lo
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Offica
`PTOL-326 (Rev. 08-06)
`
`4) Cc] Interview Summary (PTO-413)
`
`Paper No(s)/Mail Date.
`5) [] Notice of Informat Patent Application
`
`6) C] Other:
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20080303
`
`177
`
`177
`
`

`

`Application/Contro! Number: 10/740,030
`Art Unit: 2614
`
`Page 2
`
`The following is a quotation of 35 U.S.C. 103(a) which formsthe basis forall
`
`obviousnessrejectionssetforth 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 102 ofthistitle, 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 obviousat 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 mannerin which the invention was made.
`
`Claims 1-3, 5, 11-18, 26-29, 43, 45, 51-54, 65, 66 rejected under 35 U.S.C.
`
`103(a) as being unpatentable over McZeal
`
`in view of Barry, U.S. Pat. App. Pub.
`
`#2007/0174403.
`
`McZealdisclosesin col. 4, lines 18 et seq. that until his invention there was no_
`
`device which would take full advantage of the Internet and instant messaging for voice
`quality purposes, and which uses computer data networksfor voice.
`
`In col. 28, lines 5 et seq., McZeal discloses that his invention provides
`
`customerswith instant voice messaging which uses Voice over Internet Protocol (VoIP).
`In col. 16, lines 39 et seq., McZeal discloses that his invention can use both the Internet
`and the PSTN. Barry discloses in [0031] that instant messages/IM are stored in server
`
`150. To have provided Barry's teaching of an |M server, that will store the IM until a
`
`user is ready to retrieve them, in McZeal’s communication system would have been
`
`obviousto a person having ordinary skill in the art, because the skilled practitionerin
`
`this communications art would realize the need to store messagesif the called party
`
`lacked the presentability to receive the IM .
`
`For claims 2 & 3, McZeal discloses in cols. 1 & 16, lines 42-43 & 25-30 that
`
`his invention can be usedin local or wide area networks, i.e., LAN/WAN.
`Regarding claim 11, see McZeal @ col. 16, lines 42 & 59-60.
`
`178
`
`178
`
`

`

`Application/Control Number: 10/740,030
`Art Unit: 2614
`
`Page 3
`
`Pertaining to claim 30, with McZeal’s disclosure that his device can be used in
`either a WAN (internet) or LAN(local area network).
`If the voice messageis to be
`routed out beyond a LAN, then an external serving system will be employed until the
`
`message reachestherecipient inside of the LAN, whereupon the LANand its
`associated server will route the message to the intended recipient.
`
`Claims 4, 19, 20, 44 arerejected under 35 U.S.C. 103(a) as being unpatentable
`
`over McZeal in view of Barry, U.S. Pat. App. Pub. #2007/0174403 and Williams etal.
`
`Williams et al disclose in f-0055 that a messaging server (105) will save a voice
`
`message and senda list of recipients to the user from an address book. To have
`
`provided Williams teaching of a serverproviding a user a calling list of recipients in
`
`McZeal’s Instant Voice Messaging server system would have been obvious to a person
`
`having ordinary skill inthe art, because the skilled practitioner in the communications
`
`and serverarts will readily realize that there are an unlimited amount of commands and
`
`information that a server can hold which can be communicated to anyone throughout
`
`the world that has the proper equipment.
`
`Claims 7, 22, 47, are rejected under 35 U.S.C. 103(a) as being unpatentable
`
`over McZealin view of Barry, U.S. Pat. App. Pub. #2007/0174403 and to Sagi et al.
`Sagiet al disclose in claim 24 where a serverwill receive an audio file from a
`
`subscriber, and then in claim 29 Sagi etal disclose that the transmissionis sent to a
`
`second subscriber. To havesimilarly used Sagi et al disclosure of transmitting an audio
`
`file to a server in McZeal’s device would have been obvious to a person having ordinary
`
`skill in the art, because the skilled practitioner in the communications art will realize that
`
`179
`
`179
`
`

`

`Application/Control Number: 10/740,030
`Art Unit: 2614
`
`Page 4
`
`the sending party caneitherdirectly record a voice message or send an audiofile.
`Either way, a called party will receive the Woks message.
`Claims 8, 23, 48 are rejected under 35 U.S.C. 103(a) as being unpatentable aver
`
`McZeal in view of Barry, U.S. Pat. App. Pub. #2007/0174403 and Goodmanetal.
`
`Goodmanetal disclose in J-0033 that an audio message canbe transformed from
`
`any of encrypted, decrypted, compressed, or decompressed format. To havesimilarly
`
`provided Goodman'steaching of encrypting, decrypting, compressing, and
`
`decompressing audio into McZeal’s device would have been obvious to a person having
`
`ordinary sill in the art, because by compressing the audio will take up less memory in
`the server.
`|
`|
`
`Claims 9, 24, 49, are rejected under 35 U.S.C. 103(a) as being unpatentable
`
`over McZealin view of Barry, U.S. Pat. App. Pub. #2007/01774403 and Gierachf.
`
`Gierachf discloses in J]-0044 in Step 266 that the audio data, or voice message,is
`sent to an audio buffer 19B’. To have similarly used Gierachf method of buffering the
`
`audio data in McZeal’s device would have been obvious to a person having ordinary
`
`skill in the art.
`
`Claims 10, 25, 50 are rejected under 35 U.S.C. 103(a) as being unpatentable
`
`over McZealin view of Barry, U.S. Pat. App. Pub. #2007/0174403 and Hollowell etal.
`
`Hollowell et al teach in J-0031 attaching an email message to an audio message.
`
`To have providedthis teaching in McZeal would have been obvious to a person having
`ordinary skill in the art becausetheskilled practitioner in this communications art will
`realize the efficiency of alerting a multitude of persons located throughout the world that
`
`180
`
`180
`
`

`

`Application/Control Number: 10/740,030
`Art Unit: 2614
`
`Page 5
`
`an email from the senderis being sent to the recipients, such as the minutes of an
`
`important meeting.
`
`Claims 30-33, 35, 41, 55, 57, 63, 64, 67, 69, 75 are rejected under 35 U.S.C.
`
`103(a) as being unpatentable over McZealin view of Barry, U.S. Pat. App. Pub.
`
`32007/0174403 and Monroe.
`
`Monroedisclosesin col. 20, lines 28 et seq. and in Fig. 9 a local server (460)
`
`connected to a LAN, which provides a gateway to a wide area networklike the Internet.
`
`In col. 32, lines 11 et seq. Monroe discloses that pre-recorded voice messages can be
`
`delivered to a modem and then delivered throughout the Network. To have used
`Monroe's teaching of connecting a local serverto an Internet server into McZeal’s
`
`device would have been obvious to a person having ordinary skill in the art because a
`
`local serverwill only reach a few, select individuals in close proximity to each other,
`
`whereastheInternet will have global reach, thus insuring connectivity to clients
`worldwide.
`|
`
`Claims 42 and 76are rejected under 35 U.S.C. 103(a) as being unpatentable
`
`over McZealin view of Barry and Monroe as applied to claim 30 above, and furtherin
`
`view of Boukobza, U.S. Pat. App. Pub. #2006/0167883.
`
`Boukobza’s method asdisclosed in [0020] and claim 14 is for load balancing
`
`databases within a network having a plurality of servers. To have provided Boukobza’s
`
`method of load balancing servers in Monroe as applied to McZeal would have been
`
`obvious to a person having ordinary skill in the art, because the skilled practitioner
`
`would realize that as one server becomesfilled with IM, or as one serveris being
`
`181
`
`181
`
`

`

`Application/Control Number: 10/740,030
`Art Unit: 2614
`
`Page 6
`
`inundated with high traffic volume, it would be necessary to route some of those IM to
`
`another serverfor storing.
`
`Claims 34, 56, 68 are rejected under 35 U.S.C. 103(a) as being unpatentable
`
`over McZealin view of Barry and Monroe asapplied to claim 30 above, and furtherin
`
`view of Williamsetal.
`
`Claims 37, 59, 71 are rejected under 35 U.S.C. 103(a) as being unpatentable —
`
`over McZealin view of Barry and Monroeas applied to claim 30 above, andfurtherin
`
`view of Sagiet al.
`
`Claims 38, 60, 72 are rejected under 35 U.S.C. 103(a) as being unpatentable
`
`over McZealin view of Barry and Monroe asapplied to claim 30 above, and furtherin
`
`view of Goodman etal.
`
`Claims 39, 61, 73 are rejected under 35 U.S.C. 103(a) as being unpatentable
`
`over McZeal, Jr. in view of Barry and Monroe asapplied to claim 30 above, and further
`
`in view of Gierachf.
`
`Claims 40, 62, 74 are rejected under 35 U.S.C. 103(a) as being unpatentable
`
`over McZeal,jr. in view of Barry and Monroe as applied to claim 30 above, and further
`
`in view of Hollowell etal.
`
`Any inquiry concerning this communication should be directed to Creighton H.
`
`Smithattelephonenumber571/272-7546.
`02 MAR ‘08
`
`ld hails
`Abe) H Smith
`
`/
`
`'
`
`Primary Examiner
`Art Unit 2614
`
`182
`
`182
`
`

`

`Application/Contro! No.
`
`40/740,030
`
`Examiner
`
`Document Number
`
`Country Code-Number-Kind Code
`
`Date
`MM-YYYY:
`
`Name
`
`U.S. PATENT DOCUMENTS
`
`
`
`
`
`Notice of References Cited
`
`
`
`
`
`Applicant(s)/Patent Under
`Reexamination
`ROJAS, MICHAEL J.
`
`Art Unit
`
`
`
`
`
`
`.
`
`.
`Classification
`
`:
`
`
`
`
`
`
`
`US-2007/0174403 07-2007|Barry, Mona Elisabeth 709/207
`
`
`|Us-2006/0167883——|07-2006_|Boukobza,Eric 707/010
`
`
`
`
`
`.
`
`Document Number
`Country Code-Number-Kind Code
`
`FOREIGN PATENT DOCUMENTS
`
`.
`
`—
`Classification
`
`;
`
`Include as applicable: Author, Title Date, Publisher, Edition or Volume, Pertinent Pages)
`
`
`
`
`*A copy ofthis reference is not being furnished with this Office action. (See MPEP § 707.05(a).)
`Dates in MM-YYYY format are publication dates. Classifications may be USorforeign.
`U.S. Patent and Trademark Office
`PTO-892 (Rev. 01-2001)
`
`"Notice of References Cited
`
`Part of Paper No. 20080303
`
`183
`
`183
`
`

`

`Index of Claims
`
`Application/Control No.
`
`10/740,030
`
`Applicant(s)/Patent under
`Reexamination
`
`ROJAS, MICHAEL J.
`
`Creighton H. Smith
`
`2614
`
`A Non-Efected
`
`A Appeal
`
`
`
`
`
`
`
`
`
`
`
`
`
`mB62reser
`apaft
`
`|64
`yttttt
`
`|feottTTTyt
`
`
`|68|
`|69|
`
`se
`
`eae]tTTTtT
`ptetett
`
`73
`eC
`artha7
`
`| festht|tT ||Tt|25||
`
`76
`
`77
`
`Tt
`
`
`
`
`
`|80|
`
`84
`
`
`|83|
`
`
`|85|
`|86|
`
`
`||45|e]
`
`= |_|
`|faztaetT|
`|48thTT
`|fastTTTtty
`oOad
`
`
`
`U.S. Patent and Trademark Office
`
`Part of Paper No. 20080303
`
`184
`
`184
`
`

`

`Search Notes
`
`;
`
`Application/Control No.
`
`OMINOUS
`
`
`
`Examiner
`Art Unit
`Creighton H. Smith 2614
`
`
`
`Applicant(s)/Patent under
`Reexamination
`
`press—
`
`
`
`ocean|NOTESocean|SEARCHTome|oan|EASTsearch-seeprintout 3/3/2008 =
`
`
`
`U.S. Patent and Trademark Office
`
`Part of Paper No. 20080303
`
`185
`
`185
`
`

`

`EAST Search History
`
`
` Time Stamp
`Plurals
`Default
`DBs
`Search Query
`
`
`
`Operator
`
` 2008/03/03 09:46
`OFF
`((plural$3 or multipi$S) with servers
`with load near3 balanc$3) and
`(@ad<="20031218")
`
` OR
`
`OR
`
`OR
`
`OR
`
`
`
`
`
`
`
`
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`
`
`2008/03/03 09:46
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`
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`2008/03/03 09:51
`
` OFF
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`
`
`
`
` OFF
`2008/03/03 09:57
`
`
`
`
`
`
`
`
`
`
`
`US-PGPUB;
`USPAT;
`USOCR;
`EPO; JPO;
`DERWENT;
`IBM_TDB
`
`((plural$3 or multipl$5) with servers
`with (load adj balanc$3)) and
`(@ad<="20031218")
`
`((plural$3 or multipl$5) with servers
`with (load adj balanc$3)) same
`(global with IM) and
`(@ad<="20031218")
`
`US-PGPUB;
`USPAT;
`USOCR;
`EPO; JPO;
`DERWENT;
`IBM_TDB
`
`US-PGPUB;
`USPAT;
`USOCR;
`EPO; JPO;
`DERWENT:
`IBM_TDB
`
`((plural$3 or multipl$5) near5
`servers with (load adj balanc$3))
`and (@ad<="20031218")
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`US-PGPUB;
`USPAT;
`USOCR;
`EPO; JPO;
`DERWENT;
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`
`IBM_TDB
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`3/3/2008 10:51:14 AM
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`Page 1
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`186
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`186
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`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant(s): Michael J. Rojas
`
`Examiner:
`
`Creighton Smith
`
`Serial No:
`
`10/740,030
`
`Art Unit:
`
`2614
`
`Filed:
`
`December 18, 2003
`
`Docket:
`
`17188
`
`For:
`
`SYSTEM AND METHOD FOR Dated: February 19, 2008
`INSTANT VoIP MESSAGING
`
`Confirmation No. 1731
`
`Commissioner for Patents
`P. O. Box 1450
`Alexandria, VA 22313-1450
`
`AMENDMENT AND RESPONSE UNDER 37 C.F.R. § 1.111
`
`Sir!
`
`Applicant submits this Amendment and Responsein reply to the Official
`
`Action dated September 18, 2007. Applicant respectfully requests reconsideration of the
`
`application in view ofthe following amendments and remarks.
`
`
`
`CERTIFICATE OF ELECTRONIC FILING
`
`I hereby certify that this correspondenceis being deposited with the
`United States Patent & Trademark Office via Electronic Filing through the United States
`Patent and Trademark Office e-business website, on February 19, 2008.
`
`Dated: February 19, 2008 ;
`
`——Pe
`
`H\work} 732417 1 88\Amend\1 7188.am] .doc
`
`]
`
`187
`
`187
`
`

`

`IN THE CLAIMS
`
`This version of the claims replaces and supercedesall prior versions of the claims.
`
`1, (Currently Amended) An instant voice messaging system for delivering
`
`instant messages over a packet-switched network, the system comprising:
`
`a client connected to the network, the client selecting one or more
`
`recipients, generating an instant voice message therefor, and transmitting the selected
`
`recipients and the instant voice message therefor over the network; and
`
`a server connected to the network, the server receiving the selected
`
`recipients and the instant voice message therefor, and delivering the instant voice
`
`message to the selected recipients over the network, the selected recipients enabled to
`
`audibly play the instant voice message, and the server temporarily storing the instant
`
`voice messageif a selected recipient is unavailable and delivering the stored instant voice
`
`message to the selected recipient once the selected recipient becomesavailable.
`
`2. (Original) The instant voice messaging system according to Claim 1,
`
`wherein the packet-switched network is a local network.
`
`3, (Original) The instant voice messaging system according to Claim 1,
`
`wherein the packet-switched networkis the Internet.
`
`4, (Original) The instant voice messaging system according to Claim 1,
`
`wherein the client requests a list ofrecipients associated with the client from the server
`
`H\work\1732\17188\Amend\1 7188.am1 doc
`
`2
`
`188
`
`188
`
`

`

`and the server transmits the list ofrecipients to the client for selection of the one or more
`
`recipients.
`
`5, (Original) The instant voice messaging system according to Claim 1,
`
`wherein the server delivers the instant voice message to the selected recipients that are
`
`available.
`
`6. Cancelled
`
`7. (Original) The instant voice messaging system according to Claim 1,
`
`wherein the client records the instant voice message in an audio file, transmits the audio
`
`file to the server, and the server delivers the audio file to the selected recipients, the
`
`selected recipients being enabled to audibly play the audiofile.
`
`8. (Original) The instant voice messaging system according to Claim 7,
`
`wherein the client signal processes, compresses and encrypts the audio file, and the
`
`selected recipients being enabled to decrypt and decompress the audio file before audibly
`
`playing the audio file.
`
`9. (Original) The instant voice messaging system according to Claim 1,
`
`wherein the client buffers each ofa plurality of successive portions of the instant voice
`
`message as the instant messageis recorded,and the client transmits each successive
`
`HAwork\1732\17188\Amend\17188.ami doc
`
`3
`
`189
`
`189
`
`

`

`buffered portion to the server for delivery to the to the selected recipients, the selected
`
`recipients being enabled to audibly playing each successive portion asit is delivered.
`
`10. (Original) The instant voice messaging system according to Claim 1,
`
`wherein the client is enabled to attach one or morefiles to the instant voice message and
`
`the selected recipients are enabled to store or display the one or moreattachedfiles.
`
`11. (Original) The instant voice messaging system according to Claim 1,
`
`the system further comprising a public switched telephone network (PSTN)telephone
`
`connected to the network to provide input audio of the instant voice messageto the client.
`
`12. (Original) The instant voice messaging system according to Claim 1,
`
`the system further comprising a voice-over-internet-protocol (VoIP) telephone connected
`
`to the network to provide input audio of the instant voice message to the client.
`
`13. (Currently Amended) An instant voice messaging system for
`
`delivering instant messages over a packet-switched network enabling public switched
`
`telephone network (PSTN) support, the system comprising:
`
`a PSTN telephone connected to the network for providing input audio;
`
`a client connected to the network, the client selecting one or more
`
`recipients, generating an instant voice messagetherefor using the input audio provided by
`
`the PSTN telephone, and transmitting the selected recipients and the instant voice
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`message therefor over the network;
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`a server connected to the network, the server receiving the selected
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`recipients and the instant voice messagetherefor, and delivering the instant voice
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`message to the selected recipients over the network, the selected recipients being enabled
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`to audibly play the instant voice message, and the server temporarily storing the instant
`
`voice message if a selected recipient is unavailable and delivering the stored instant voice
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`message to the selected recipient once the selected recipient becomes available.
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`14. (Currently Amended) An instant voice messaging system for
`
`delivering instant messages over a packet-switched network, the system comprising:
`
`a voice-over-internet-protocol (VoIP) telephone connected to the network
`
`for providing input audio;
`
`a client connected to the network,the client selecting one or more
`
`recipients, generating an instant voice message therefor using the input audio provided by
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`the VoIP telephone, and transmitting the selected recipients and the instant voice message
`
`therefor over the network;
`
`a server connected to the network, the server receiving the selected
`
`recipients and the instant voice message therefor, and delivering the instant voice
`
`messageto the selected recipients over the network,the selected recipients being enabled
`
`to audibly play the instant voice message, and the server temporarily storing the instant
`
`voice message if a selected recipient is unavailable and delivering the stored instant voice
`
`message to the selected recipient once the selected recipient becomes available.
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`15. (Currently Amended) An instant voice messaging system for
`
`delivering instant messages over a plurality of packet-switched networks, the system
`
`comprising:
`
`a client connected to a local network, the client selecting one or more
`
`externalrecipients connected to an external network outside the local network, generating
`
`an instant voice message therefor, and transmitting the selected recipients and the instant
`
`voice message therefor over the local network and the external network; and
`
`a server connected to the external network, the server receiving the
`
`selected recipients and the instant voice messagetherefor, and delivering the instant voice
`
`message to the selected recipients over the external network, the selected recipients being
`
`enabled to audibly play the instant voice message, and the server temporarily storing the
`
`instantvoicemessage if a selected recipient is unavailable and delivering the stored
`
`instant voice message to the selected recipient once the selected recipient becomes
`
`available.
`
`16. (Original) Theinstant voice messaging system according to Claim 15,
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`the client further selects one or more local recipients connected to the local network and
`
`transmits the selected local recipients and the instant voice message therefor over the
`
`local network, wherein the system further comprises:
`
`a local server connected to the local network, the local server receiving the
`
`selectedlocal recipients and the instant message therefor from the client, and delivering
`
`the instant voice messageto the selected local recipients over the local network, the
`
`selected local recipients being enabled to audibly play the instant voice message.
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`17. (Original) The instant voice messaging system according to Claim 15,
`
`wherein the local network is a network within an enterprise.
`
`18. (Original) The instant voice messaging system according to Claim 15,
`
`wherein the external network is the Internet.
`
`19. (Original) The instant voice messaging system according to Claim 15,
`
`wherein the client requests a list of recipients associated with the client from the server
`
`and the server transmits the list of recipients to the client for selection of the one or more
`
`recipients.
`
`20. (Original) The instant voice messaging system according to Claim 15,
`
`wherein the server delivers the instant voice message to the selected recipients that are
`
`available,
`
`21. Cancelled
`
`22. (Original) The instant voice messaging system according to Claim 15,
`
`wherein the client records the instant voice messagein an audio file, transmits the audio
`
`file to the server, and the server delivers the audio file to the selected recipients, the
`
`selected recipients being enabled to audibly play the audiofile.
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`23, (Original) The instant voice messaging system according to Claim 22,
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`whereinthe client signal processes, compresses and encrypts the audiofile, and the
`
`selected recipients are enabled to decrypt and decompress the audio file before audibly
`
`playingthe audiofile.
`
`24, (Original) The instant voice messaging system according to Claim 15,
`
`wherein the client buffers each of a plurality of successive portions of the instant voice
`
`message as the instant message is recorded, andthe client transmits each successive
`
`portion to the server for delivery to the selected recipients, the selected recipients being
`
`enabled to audibly playing each successive portion as it is delivered.
`
`25. (Original) The instant voice messaging system according to Claim 15,
`
`wherein the client is enabled to attach one or more files to the instant voice message and
`
`the selected recipients are enabledto store or display the one or more attached files.
`
`26. (Original) The instant voice messaging system according to Claim 15,
`
`the system further comprising a public switched telephone network (PSTN)telephone
`
`connected to the local network to provide inputaudio of the instant voice message to the
`
`client.
`
`27. (Original) The instant voice messaging system according to Claim 15,
`
`the system further comprising a voice-over-internet-protocol (VoIP) telephone connected
`
`to the local network to provide input audio ofthe instant voice messageto the client.
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`28. (Currently Amended) An instant voice messaging system for
`
`delivering instant messages over a plurality of packet-switched networks enabling public
`
`switched telephone network (PSTN) support, the system comprising:
`
`a PSTN telephone connected to a local network for providing input audio;
`
`a client connected to the local network, the client selecting one or more
`
`external recipients connected to an external network outside the local network, generating
`
`an instant voice message therefor using the input audio provided by the PSTN telephone,
`
`and transmitting the selected recipients and the instant voice message therefor over the
`
`local network and the external network;
`
`a server connected to the external network, the server receiving the
`
`selected recipients and the instant voice message therefor, and delivering the instant voice
`
`messageto the selected recipients over the external network, the selected recipients being
`
`enabled to audibly play the instant voice message, and the server temporarily storing the
`
`instant voice message if a selected recipient is unavailable and delivering the stored
`
`instant voice message to the selected recipient once the selected recipient becomes
`
`available.
`
`29. (Currently Amended) An instant voice messaging system for
`
`delivering instant messages over a plurality ofpacket-switched networks, the system
`
`comprising:
`
`a voice-over-internet-protocol (VoIP) telephone connected to a local
`
`network for providing input audio;
`
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`a client connected to the local network, the client selecting one or more
`
`external recipients connected to an external network outside the local network, generating
`
`an instant voice message therefor using the input audio provided by the VoIP telephone,
`
`and transmitting the selected recipients and the instant voice message therefor over the
`
`local network and the external network;
`
`an server connected to the external network, the external server receiving
`
`the selected recipients and the instant voice message therefor, and delivering the instant
`
`voice messageto the selected recipients over the external network, the selected recipients
`
`being enabled to audibly play the instant voice message, and the server temporarily
`
`storing the instant voice messageif a selected recipient is unavailable and delivering the
`
`stored instant voice message to the selected recipient once the selected recipient becomes
`
`available.
`
`30, (Currently Amended) An instant voice messaging system for
`
`delivering instant messages over a plurality of packet-switched networks, the system
`
`comprising:
`
`a client connected to an external network,theclient selecting one or more
`
`recipients connected to a local network, generating an instant voice messagetherefor, and
`
`transmitting the selected recipients and the instant voice message therefor over the
`
`external network; and
`
`a external server system connected to the external network, the external
`
`server system receivingthe selected recipients and the instant voice message, and routing
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`the selected recipients and the instant voice message over the external network and the
`
`local network;
`
`a local server connected to the local network, the local server receiving the
`
`selected recipients and the instant voice message therefor, and delivering the instant voice
`
`message to the selected recipients over the local network, the selected recipients being
`
`enabled to audibly play the instant voice message, and the local server temporarily
`
`storing the instant voice messageif a selected recipient is unavailable and delivering the
`
`stored instant voice messageto the selected recipient once the selected recipient becomes
`
`available.
`
`31. (Original) The instant voice messaging system according to Claim 30,
`
`the client further selects one or more external recipients connected to the external and
`
`transmits the selected external recipients over the external network to the external server,
`
`and the external server receives the selected external recipients and delivers the instant
`
`voice message to the selected external recipients over the external network, the selected
`
`external recipients being enabled to audibly play the instant voice message.
`
`32. (Original) The instant voice messaging system according to Claim 30,
`
`wherein the local network is a network within an enterprise.
`
`33, (Original) The instant voice messaging system according to Claim 30,
`
`wherein the external network is the Internet.
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`34. (Original) The instant voice messaging system according to Claim 30,
`
`wherein the client requests a list of recipients associated with the client from the external
`
`server system and the external server system transmits the list of recipients to the client
`
`for selection of the one or more recipients.
`
`35. (Original) The instant voice messaging system according to Claim 30,
`
`wherein the local server delivers the instant voice message to the selected recipients that
`
`are available.
`
`36. Cancelled
`
`37. (Original) The instant voice messaging system according to Claim 30,
`
`wherein the client records the instant voice message in an audio file, transmits the audio
`
`file to the external server, the external server system routes the audiofile to the local
`
`server, and the local server delivers the audio file to the selected recipients, the selected
`
`recipients being enabled to audibly play the audio file.
`
`38. (Original) The instant voice messaging system according to Claim 37,
`
`whereinthe client signal processes, compresses and encrypts the audio file, and the
`
`selected recipients are enabled to decrypt and decompress the audio file before audibly
`
`playing the audiofile.
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`39, (Original) The instant voice messaging system according to Claim 30,
`
`wherein the client buffers each of a plurality of successive portions ofthe instant voice
`
`message as the instant messageis recorded, and the client transmits each successive
`
`buffered portion to the external server system, the external server system routes each
`
`successive portion to the local server, and