throbber

`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent andTradcmark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box I450
`Alexandria, Virginia 223I3AI450
`www.mplosov
`
`APPLICATION NO,
`
`FILING DATE
`
`I
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`10/740,030
`
`12/18/2003
`
`Michael J. Rojas
`
`03/06/2008
`7590
`23389
`scum 3cm MURPHY & pREssaR, pc
`400 GARDEN CITY PLAZA
`SUITE 300
`- GARDEN CITY, NY 1 [530
`
`‘
`
`17188
`
`4
`
`1731
`
`,
`
`q
`
`SMITH. CREIGHTON H
`
`ART UNIT
`2614
`
`MAIL DATE
`
`03/06/2008
`
`PAPER NUMBER
`
`DELIVERY MODE
`
`PAPER
`
`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.
`
`PTOL~9OA (Rev. 04/07)
`
`176
`
`176
`
`

`

`Office Action Summary
`
`10/740,030
`Examine,
`
`ROJAS, MICHAEL J.
`An Unit
`
`Application No.
`
`Applicant(s)
`
`2614
`
`Creighton H. Smith
`- The MAILING DA TE 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 a MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`- Extensions of time may be available under the provisions at 37 CFR 1 136(3) In no event, however, may a reply be timerIfled
`-
`after SIX (6) MONTHS from the mailing date of this communication.
`-
`If No penod tor replyIs 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 Ofilce 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
`
`‘I)D Responsive to communication(s) filed on ___________.
`2a)[:] This action is FINAL.
`.
`2b). This action is non—final.
`
`3)|:] 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. 11,453 0.6. 213.
`
`Disposition of Claims
`
`4). Claim(s) 1—5 7-20 22—35 37-45 47-57 59-69 and 71—76 islare pending in the application.
`4a) Of the above claim(s) ,6, 21, 36 46, 58, 70 is/are withdrawn from consideration.
`
`5)I:I Claim(s) ______ is/are allowed.
`
`6)|_—_l CIaim(s)1-5 7-20 22-35 37-45 47-57 59-69 71-76 islare rejected.
`
`7)I:I Claim(s) m is/are objected to.
`
`8)[:] Claim(s) ___________ are subject to restriction and/or election requirement.
`
`Application Papers
`
`9)l:l The specification is objected to by the Examiner.
`
`islare: a)[:] accepted or b)[:] objected to by the Examiner.
`10)[:l The drawing(s) filed on
`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).
`
`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)l:l Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)—(d) or (f).
`a)l:] All
`b)[:| Some * c)[] None of:
`
`1C] Certified copies of the priority documents have been received.
`2E] Certified copies of the priority documents have been received in Application No. _____
`3.[:] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 172(3)).
`
`* See the attached detailed Office action for a list of the certified copies not received.
`
`
`
`Attachmenfls)
`
`1) X Notice of References Cited (PTO—892)
`2) [:1 Notice of Draflsperson's Patent Drawing Review (PTO—948)
`3) CI Information Disclosure Statement(s) (PTO/83108)
`Paper No(s)/Mail Date
`-
`.
`U.S. Pate/It and Trademark Otflw
`PTOL—325 (Rev. 08-06)
`
`4) I] Interview Summary (PTO-413)
`Paper N°(5)/Ma“ Date. —.
`5) E] Notice of Informal Patent Application
`6) [:1 Other: ______
`
`Office Action Summary
`
`Part of Paper No.lMail Date 20030303
`
`177
`
`177
`
`

`

`Application/Control Number: 10/740,030
`Art Unit: 2614
`
`Page 2
`
`The following is a quotation of 35 U.S.C. 103(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 102 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 an to which said subject matter pertains.
`Patentability shall not be negatived by the manner in 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 beingunpatentable over McZeaI
`
`in view of Barry, US. Pat. App. Pub.
`
`#2007l0174403.
`
`McZeal discloses in 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 networks for voice.
`
`in col. 28, lines 5 et seq., McZeal discloses that his invention provides
`
`customers with instant voice messaging which uses Voice over Internet Protocol (VolP).
`
`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 sewer
`
`150. To have provided Barry’s teaching of an IM server, that will store the IM until a
`
`user is ready to retrieve them, in McZeal's communication system would have been
`
`obvious to a person having ordinary skill in the art, because the skilled practitioner in
`
`this communications art would realize the need to store messages if the called party
`
`lacked the present ability to receive the IM .
`
`For claims 2 & 3, McZeal discloses in cols. 1 & 16, lines 42-43 & 25-30 that
`
`his invention can be used in local or wide area networks, i.e., LANNVAN.
`
`Regarding claim 11, see McZeal @ col. 16, lines 42 & 59-60.
`
`178
`
`178
`
`

`

`Application/Control Number: 10f740,030
`
`Page 3
`
`Art Unit: 2614
`
`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 message is to be
`
`routed out beyond a LAN, then an external sewing system will be employed until the
`
`message reaches the recipient inside of the LAN, whereupon the LAN and its
`
`associated server will route the message to the intended recipient.
`
`Claims 4, 19, 20, 44 are’rejected under 35 U.S.C. 103(a) as being unpatentable
`
`over McZeal in view of Barry, US. Pat. App. Pub. #2007/0174403 and Williams et al.
`
`Williams et al disclose in 11-0055 that a messaging server (105) will save a voice
`
`message and send a list of recipients to the user from an address book. To have
`
`provided Williams teaching of a server providing a user a calling list of recipients in
`
`McZeaI’s Instant Voice Messaging server system would have been obvious to a person
`
`having ordinary skill in‘the art, because the skilled practitioner in the communications
`
`and server arts 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 McZeal in view of Barry, US. Pat. App. Pub. #2007l0174403 and to Sagi et al.
`Sagi et al disclose in claim 24 where a server will receive an audio file from a
`
`subscriber, and then in claim 29 Sagi et al disclose that the transmission is sent to a
`
`second subscriber. To have similarly 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
`
`

`

`ApplicationlControl Number: 101740.030
`
`Page 4
`
`Art Unit: 2614
`
`the sending party can either directly record a voice message or send an audio file.
`
`Either way, a called party will receive the voice message.
`
`Claims 8. 23. 48 are rejected under 35 U.S.C. 103(a) as being unpatentable over
`
`McZeal in view of Barry. US. Pat. App. Pub. #200710174403 and Goodman et at.
`
`Goodman et al disclose in 11—0033 that an audio message can be transformed from
`
`any of encrypted, decrypted. compressed, or decompressed format. To have similarly
`
`provided Goodman's teaching 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.
`I
`
`Claims 9, 24, 49, are rejected under 35 U.S.C. 103(a) as being unpatentable
`
`over McZeal in view of Barry. US. Pat. App. Pub. #2007i01774403 and Gierachf.
`
`Gierachf discloses in 11—0044 in Step 266 that the audio data, or voice message. is
`
`sent to an audio buffer 193’. 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 McZeal in view of Barry, US. Pat. App. Pub. #200710174403 and Hollowell et al.
`
`Hollowell et al teach in 1I—0031 attaching an email message to an audio message.
`
`To have provided this teaching in McZeaI would have been obvious to a person having
`
`ordinary skill in the art because the skilled practitioner in this communications art will
`
`realize the efficiency of alerting a multitude of persons located throughout the world that
`
`180
`
`180
`
`

`

`ApplicationlCcntrol Number: 10fl40.030
`Art Unit: 2614
`I
`
`Page 5
`
`an email from the sender is 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 McZeal in view of Barry, U.S. Pat. App. Pub.
`
`3200710174403 and Monroe.
`
`Monroe discloses in 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 network like 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 server to an Internet sewer into McZeal's
`
`device would have been obvious to a person having ordinary skill in the art because a
`
`local server will only reach a few. select individuals in close proximity to each other,
`
`whereas the Internet will have global reach, thus insuring connectivity to clients
`
`worldwide.
`
`Claims 42 and 76 are rejected under 35 U.S.C. 103(a) as being unpatentable
`
`over McZeal in view of Barry and Monroe as applied to claim 30 above. and further in
`
`view of Boukobza. U.S. Pat. App. Pub. #2006I0167883.
`
`Boukobza's method as disclosed 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 McZeai would have been
`
`obvious to a person having ordinary skill in the art. because the skilled practitioner
`
`would realize that as one server becomes filled with IM, or as one server is being
`
`181
`
`181
`
`

`

`ApplicationIControl Number: 10ll40.030
`Art Unit: 2614
`
`Page 6
`
`inundated with high traffic volume. it would be necessary to route some of those IM to
`
`another server for storing-
`
`Claims 34, 56, 68 are rejected under 35 U.S.C. 103(a) as being unpatentable
`
`over McZeai in view of Barry and Monroe as applied to claim 30 above, and further in
`
`View of Williams et al.
`
`Claims 37, 59, 71 are rejected under 35 U.S.C. 103(a) as being unpatentable _
`
`over McZeal in view of Barry and Monroe as applied to claim 30 above, and further in
`
`view of Sagi et al.
`
`Claims 38, 60, 72 are rejected under 35 U.S.C. 103(a) as being unpatentable
`
`over McZeal in view of Barry and Monroe as applied to claim 30 above, and further in
`
`view of Goodman et al.
`
`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 as applied to claim 30 above, and further
`
`in view of Gierachf.
`
`Claims 40, 62, 74 are rejected under 35 U.S.C. 103(8) as being unpatentable
`
`over McZeal, jr. in view of Barry and Monroe as applied to ciaim 30 above. and further
`
`in view of Hollowell et al.
`
`Any inquiry concerning this communication should b directed to Creighton H.
`
`\ M!“
`/ "
`'
`
`H Smith
`
`Creight n
`Primary Examiner
`Art Unit 2614
`
`Smith at telephone number 57119721546.
`
`02 MAR ‘08
`
`‘
`
`182
`
`182
`
`

`

`Notice of References Cited
`
`Application/Control No.
`
`10/740930
`
`Applicant(s)/Patent Under
`Reexamination
`
`ROJAS, MICHAEL J.
`
`U.S. PATENT DOCUMENTS
`
`Dale
`
`07~2007
`
`Barry. Mona Elisabeth
`
`‘
`
`709/207
`
`
`
`
`
`US¢2006/O167883
`
`707/010
`Boukobza. Eric
`07 2006
`__—
`
`
`_-——--
`
`
`
`
`
`
`
`_——
`___
`
`FOREIGN PATENT DOCUMENTS
`
`
`.
`Document Number
`Country Code-Number-Kind Code
`
`.
`
`'
`‘
`Classrfication
`
`.
`
`
`
`Include as applicable: Author, Title Date. Publisher, Edition or Volume. Pertinent Pages)
`
`
`
`'A copy of this 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 US or foreign.
`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
`
`ApplicationICrmtrol No.
`-
`
`Appiicanttsijatent under
`Reexamination
`
`10,740,030
`
`.
`
`ROJAS, MICHAEL J.
`
`Creighton H. Smith
`
`2614
`
`.
`Rejected
`
`(Through numeral)
`Cancelled
`
`_
`Non Elected
`
`l-
`
`
`
`
`
`
`IIIJJI'I
`
`Ifilliiiiiii
`
`
`
`I
`
`52
`|
`63
`
`
`
`
`
`
`
`Elli- III-
`--M.IIIIIII
`
`IIEIIIIIIIII
`--Il-I-IIIII
`II|‘IIIIIIII
`27
`1
`--I.----II-
`E5I
`I.-
`
`
`
`
`
`
`-l-4«aq-.|-l-4«Im
`
` “II—-II‘UI'I'IIII
` IIIIIIIIIIIIEEEHEEEHEEEEE
`
`
`
`-EEII_----III
`-mm-IIIII
`-EI--IIIII
`--l!!'-l--II
`-EElIl--IIIII-
`-IEII|-----Il
`-EEIIE---IIII
`
`.-
`93 I.
`99 I.
`100 I
`
`U.S. Patent and Trademark Office
`
`Pad of Paper No. 20080303
`
`184
`
`184
`
`

`

`.
`
`Search Notes
`
`.
`
`Applicatioanontrol No.
`
`101740.030
`
`Applicant(s)JPatant under
`Reexamination
`ROJAS. MICHAEL J.
`
`
`Creighton H Smith
`
`2614
`
`mm
`
`
`
`m
`
`SEARCH NOTES
`
`{INCLUDING SEARCH STRATEGY)
`
`
`
`
`
`EAST search -see printout
`
`3.312008
`
`U.S. Patent and Trademadv. Office
`
`Part of Paper No. 20060303
`
`185
`
`185
`
`

`

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

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant(s): Michael J. Rojas
`
`Examiner:
`
`Creighton Smith
`
`Serial No:
`
`10I740,03{}
`
`Art Unit:
`
`2614
`
`Filed:
`
`December 18, 2003
`
`Docket:
`
`17188
`
`For:
`
`SYSTEM AND METHOD FOR Dated: February 19, 2008
`INSTANT VoIP MESSAGING
`
`Confirmation Na. 1731
`
`Commissioner for Patents
`P. O. Box 1450
`
`Alexandria, VA 223134 450
`
`AMENDMENT AND RESPONSE UNDER 37 C.F.R. § 1.111
`
`Sir:
`
`Applicant submits this Amendment and Response in reply to the Official
`
`Action dated September 18, 2007. Applicant respectfully requests reconsideration of the
`
`application in View of the following amendments and remarks.
`
`
`
`CERTIFICATE OF ELECTRONIC FILING
`
`I hereby certify that this correspondence is 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
`
`li:\w0rk".l?32\17188\Ameud\l "”88 .aml .doc
`
`1
`
`187
`
`187
`
`

`

`IN THE CLAIMS
`
`This version of the claims replaces and supercedes all 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 message if a selected recipient is unavailable and delivering the stored instant voice
`
`message to the selected recipient once the selected recipient becomes available.
`
`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 network is the Internet.
`
`4. (Original) The instant voice messaging system according to Claim 1,
`
`wherein the client requests a list of recipients associated with the client from the server
`
`H1\work\|132\17183Wncnd\l7188mm!.doc
`
`2
`
`188
`
`188
`
`

`

`and the server transmits the list of recipients to the client for selection of the one or more
`
`recipients.
`
`5. (Original) The instant voice messaging system according to Claim 1,
`
`wherein the senior 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 audio file.
`
`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 of a plurality of successive portions of the instant voice
`
`message as the instant message is recorded, and the client transmits each successive
`
`Hfiworkfl732“7i$8\Amend\l?ISE.t-zml.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 as it is delivered.
`
`10. (Original) The instant voice messaging system according to Claim 1,
`
`wherein the client is enabled to attach one or more files to the instant voice message and
`
`the selected recipients are enabled to store or display the one or more attached files.
`
`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 message to the client.
`
`12. (Original) The instant voice messaging system according to Claim 1,
`
`the system further comprising a voice-over-intemet—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 message therefor using the input audio provided by
`
`the PSTN telephone, and transmitting the selected recipients and the instant voice
`
`message therefor over the network;
`
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`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 being enabled
`
`to audibiy play the instant voice message, and the server temporarily storing the instant
`
`voice messa e if a selected reci tent is unavailable and deliverin the stored instant voice
`
`message to the selected recipient once the selected recipient becomes available.
`
`14. (Currently Amended) An instant voice messaging system for
`
`delivering instant messages over a packet-switched network, the system comprising:
`
`a voice-over-intemet—protocol (VoIP) telephone connected to the network
`
`for providing input audio;
`
`3 client connected to the network, the client selecting one or more
`
`recipients, 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 network;
`
`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 being enabled
`
`
`to audihly 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 voiifi
`
`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
`
`external recipients 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 message therefor, 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
`
`tymntymrnessage if a selected recipient is unavailable and delivering the stored
`
`instant voice message to the selected recipient once the selected recinient becomes
`
`available.
`
`16. (Original) The instant voice messaging system according to Claim 15,
`
`the client fiirther 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 filrther comprises:
`
`a local server connected to the local network, the local server receiving the
`
`selected. local recipients and the instant message therefor from the client, and delivering
`
`the instant voice message to 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.
`
`2] . Cancelled
`
`22. (Original) The instant voice messaging system according to Claim 15,
`
`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 audio file.
`
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`23. (Original) The instant voice messaging system according to Claim 22,
`
`wherein the client signal processes, compresses and encrypts the audio file, and the
`
`selected recipients are enabled to decrypt and decompress the audio file before andibly
`
`playing the audio file.
`
`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, and the 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 enabled to 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 input audio of the instant voice message to the
`
`client.
`
`27. (Original) The instant voice messaging system according to Claim 15,
`
`the system further comprising a voicewover—intemct—protocol (Vol?) telephone connected
`
`to the local network to provide input audio of the instant voice message to 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 (PS'IN) 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
`
`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
`
`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
`
`deiivering instant messages over a plurality ofpacket-switched networks, the system
`
`comprising:
`
`a voice-over—internet—protocol (Vol?) telephone connected to a local
`
`network for pioviding 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 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 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
`
`availabie.
`
`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, the client selecting one or more
`
`recipients connected to a local network, generating an instant voice message therefor, 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 receiving the selected recipients and the instant voice message, and routing
`
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`the selected recipients and the instant voice message over the extemal 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 message if a selected recigient is unavailable and delivering the
`
`stored instant voice message to the selected recipient once the selected recigient 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 reqmasts 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 audio file 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,
`
`wherein the 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 audio file.
`
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`39. (Original) The instant voice messaging system according to Claim 30,
`
`wherein the clien

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