Case 6:20-cv-00272-ADA Document 103-2 Filed 11/15/23 Page 1 of 41
`Case 6:20-cv-00272-ADA Document 103-2 Filed 11/15/23 Page 1 of 41
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`EXHIBIT A
`EXHIBIT A
`
`

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`Case 6:20-cv-00272-ADA Document 103-2 Filed 11/15/23 Page 2 of 41
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`UNITED STA TES p A TENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria., Virginia 22313-1450
`www .uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`15/942,282
`
`03/30/2018
`
`Clay Perreault
`
`4278-001.PCT.US.CONl 1
`
`2064
`
`20551
`7590
`07/17/2018
`THORPE NORTH & WESTERN, LLP.
`P.O. Box 1219
`SANDY, UT 84091-1219
`
`EXAMINER
`
`ACOLATSE, KODZOVI
`
`ART UNIT
`
`PAPER NUMBER
`
`2478
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`07/17/2018
`
`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):
`patentdocket@tnw.com
`rich@tnw.com
`annette.fields@tnw.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Case 6:20-cv-00272-ADA Document 103-2 Filed 11/15/23 Page 3 of 41
`Application No.
`Applicant(s)
`15/942,282
`PERREAULT ET AL.
`
`Office Action Summary
`
`AIA (First Inventor to File)
`Status
`No
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address -(cid:173)
`Period for Reply
`
`Examiner
`KODZOVI ACOLATSE
`
`Art Unit
`2478
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE ;J. MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be 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 )~ Responsive to communication(s) filed on 4/2/18.
`DA declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on __ .
`2a)D This action is FINAL.
`2b)~ This action is non-final.
`3)0 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)0 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 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)~ Claim(s) 1-30 is/are pending in the application.
`5a) Of the above claim(s) __ is/are withdrawn from consideration.
`6)0 Claim(s) __ is/are allowed.
`7)~ Claim(s) 1-5.7-13.19-21.23-27.29 and 30 is/are rejected.
`8)~ Claim(s) 6.14-18.22 and 28 is/are objected to.
`9)0 Claim(s) __ are subject to restriction and/or election requirement.
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:ilwww.usoto.gov/patents/init events/pph/index.isp or send an inquiry to PPHfeedback(wuspto.aov.
`
`Application Papers
`10)0 The specification is objected to by the Examiner.
`11 )~ The drawing(s) filed on 3/30/18 is/are: a)~ 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).
`
`Priority under 35 U.S.C. § 119
`12)0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`a)D All b)D Some** c)D None of the:
`Certified copies of the priority documents have been received.
`Certified copies of the priority documents have been received in Application No. __ .
`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.
`
`1.(cid:143)
`2.(cid:143)
`3.(cid:143)
`
`Attachment{s)
`1) ~ Notice of References Cited (PTO-892)
`2) D Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date __ .
`
`3) D Interview Summary (PTO-413)
`Paper No(s)/Mail Date. __ .
`4) D Other: __ .
`
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20180615
`
`

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`Case 6:20-cv-00272-ADA Document 103-2 Filed 11/15/23 Page 4 of 41
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`Application/Control Number: 15/942,282
`Art Unit: 2478
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`Page 2
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`1.
`
`The present application is being examined under the pre-AIA first to invent
`
`DETAILED ACTION
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`provisions.
`
`2.
`
`This is responsive to Application 15/942,282 filed 3/30/18 in which claims 1-30
`
`are presented for examination.
`
`Allowable Subject Matter
`
`3.
`
`Claims 6, 14-18, 22 and 28 are objected to as being dependent upon a rejected
`
`base claim, but would be allowable if rewritten in independent form including all of the
`
`limitations of the base claim and any intervening claims.
`
`Double Patenting
`
`4.
`
`The nonstatutory double patenting rejection is based on a judicially created
`
`doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the
`
`unjustified or improper timewise extension of the "right to exclude" granted by a patent
`
`and to prevent possible harassment by multiple assignees. A nonstatutory double
`
`patenting rejection is appropriate where the conflicting claims are not identical, but at
`
`least one examined application claim is not patentably distinct from the reference
`
`claim(s) because the examined application claim is either anticipated by, or would have
`
`been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46
`
`USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed.
`
`Cir. 1993); In re Langi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum,
`
`

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`Case 6:20-cv-00272-ADA Document 103-2 Filed 11/15/23 Page 5 of 41
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`Application/Control Number: 15/942,282
`Art Unit: 2478
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`Page 3
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`686 F.2d 937,214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438,164 USPQ 619
`
`(CCPA 1970); In re Thorington, 418 F.2d 528,163 USPQ 644 (CCPA 1969).
`
`A timely filed terminal disclaimer in compliance with 37 CFR 1.321 (c) or 1.321 (d)
`
`may be used to overcome an actual or provisional rejection based on nonstatutory
`
`double patenting provided the reference application or patent either is shown to be
`
`commonly owned with the examined application, or claims an invention made as a
`
`result of activities undertaken within the scope of a joint research agreement. See
`
`MPEP § 717.02 for applications subject to examination under the first inventor to file
`
`provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(1)(1) -
`
`706.02(1)(3) for applications not subject to examination under the first inventor to file
`
`provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR
`
`1.321 (b).
`
`The USPTO Internet website contains terminal disclaimer forms which may be
`
`used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application
`
`in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26,
`
`PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may
`
`be filled out completely online using web-screens. An eTerminal Disclaimer that meets
`
`all requirements is auto-processed and approved immediately upon submission. For
`
`more information about eTerminal Disclaimers, refer to
`
`www.uspto.gov/patents/process/file/efs/guidance/eTD-info-l.jsp.
`
`

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`Case 6:20-cv-00272-ADA Document 103-2 Filed 11/15/23 Page 6 of 41
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`Application/Control Number: 15/942,282
`Art Unit: 2478
`
`Page 4
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`5.
`
`Claims 1, 21 and 30 are rejected on the ground of nonstatutory double patenting
`
`as being unpatentable over claims 1, 17 and 30 of U.S. Patent No. 9,948,549 B2 in
`
`view of Turner et al (US 2007/0121590 A 1). See Table below.
`
`Current Application 15/942282
`
`Patent 9,948,549 82
`
`Claim 1
`
`Claim 21
`
`Claim 30
`
`Claim 1
`
`Claim 17
`
`Claim 30
`
`Patent 9,948,549 82 does not explicitly disclose processing the new second participant
`
`identifier, using at least one processor, to determine whether the second network
`
`element is the same as the first network element.
`
`Turner teaches processing the new second participant identifier, using at least
`
`one processor, to determine whether the second network element is the same as the
`
`first network element ( Turner: Figs. 1 and 4A:4C; [0050)-£0055]; [0061 ], comparing
`
`users A and B identifiers to determine if they belong to the same gateway or not).
`
`It would have been obvious to a person having an ordinary skill in the art at t!1e time of
`
`the invention to modify the system of 9,948,549 B2 by processing the new second
`
`participant identifier, using at least one processor, to determine whether the second
`
`network element is the same as the first network element as disclosed by Turner in
`
`order tom provide a system for providing call management services in a virtual private
`
`network using voice or video over internet protocol (Turner: Abstract).
`
`

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`Case 6:20-cv-00272-ADA Document 103-2 Filed 11/15/23 Page 7 of 41
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`Application/Control Number: 15/942,282
`Art Unit: 2478
`
`Page 5
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`6.
`
`Claims 1, 7 and 21 are rejected on the ground of nonstatutory double patenting
`
`as being unpatentable over claims 1, 12 and 26 of U.S. Patent No. 9,826,002 B2.
`
`Although the claims at issue are not identical, they are not patentably distinct from each
`
`other. See Table below.
`
`Current Application 15/942,282
`
`Patent 9,826,002 82
`
`Claim 1
`
`Claim 7
`
`Claim 21
`
`Claim 1
`
`Claim 26
`
`Claim 12
`
`Claim Rejections - 35 USC § 102
`
`7.
`
`The following is a quotation of the appropriate paragraphs of pre-AIA 35 U.S.C.
`
`102 that form the basis for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless -
`
`(e) the invention was described in (1) an application for patent, published under section
`122(b), by another filed in the United States before the invention by the applicant for patent or
`(2) a patent granted on an application for patent by another filed in the United States before
`the invention by the applicant for patent, except that an international application filed under
`the treaty defined in section 351 (a) shall have the effects for purposes of this subsection of an
`application filed in the United States only if the international application designated the United
`States and was published under Article 21 (2) of such treaty in the English language.
`
`8.
`
`Claims 1-5, 7-13, 20, 21, 23, 25-27, 29 and 30 are rejected under pre-AIA 35
`
`U.S.C. 102(e) as being anticipated by Turner et al (US 2007/0121590 A 1).
`
`Regarding claim 1, Turner teaches a method for routing communications in a packet
`
`switched communication system between a first participant device associated with a
`
`

`

`Case 6:20-cv-00272-ADA Document 103-2 Filed 11/15/23 Page 8 of 41
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`Application/Control Number: 15/942,282
`Art Unit: 2478
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`Page 6
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`first participant and a second participant device associated with a second participant,
`
`the first and second participant devices being associated with first and second network
`
`elements of the communication system, respectively, the method comprising:
`
`receiving, by at least one processor, a second participant identifier associated
`
`with the second participant device, in response to initiation of a communication from the
`
`first participant device to the second participant device1 the first participant device being
`
`associated with a first participant identifier; causing the at least one processor to access
`
`at least one memory storing a first participant profile identifying at least one first
`
`participant attribute (Turner: Fig, 1 and 4A; [0049]w[0051], Figs. 1 and 4A:162;
`
`[0049]-[0051], gateway X receives call request from user A/first participant via the
`
`endpoint (EP) 40; EP is an internet protocol device, the request is from user A
`
`identified by CA (2001) to reach user B/second participant identified by CA (2002);
`
`the gateway X accesses directory server (database) to get users' preferences and
`
`privileges (profile));
`
`processing the second participant identifier and the at least one first participant
`
`attribute, using the at least one processor, to produce a new second participant
`
`identifier (Fig. 2B and 3, [0040]-[0043], performing translation between CA and NA);
`
`processing Hie new second participant identifier, using the at least one
`
`processor, to determine whether t!1e second network element is the same as the first
`
`network element (Turner: Figs. 1 and 4A:4C; [0050]-[0055]; [0061], comparing users
`
`A and B identifiers to determine if they belong to the same gateway or not);
`
`

`

`Case 6:20-cv-00272-ADA Document 103-2 Filed 11/15/23 Page 9 of 41
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`Application/Control Number: 15/942,282
`Art Unit: 2478
`
`Page 7
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`when the second netvvork element is deterrT1ined to be the same as the first
`
`netvvork element, producing a routing message identifying a first network address
`
`associated with the first network element, using the at least one processor ( Turner:
`
`Figs. 1, 4A-4B; [0049]-[0054] if communication is internal, translate to IP address
`
`(Fig. 4B:186) and communication with user B (Fig. 4B:190)); and
`
`when the second network element is determined not to be the same as the first
`
`netvvork element, producing a routing message identifying a second network address
`
`associated with the second network element, using the at least one processor ( Turner:
`
`Figs. 1, Fig. 4A, 5A-5C, [0055], if call is external route call to gateway Y via IP
`
`communication, see Fig. 5A:202; gateway X and gateway Y connected via the
`
`PSTN/circuit switched network).
`
`Regarding claim 21, Turner teaches an apparatus for routing communications in an
`
`Internet Protocol (IP) based communication system betvveen a first participant device
`
`associated with a first participant and a second participant device associated with a
`
`second participant, the communication system comprising a plurality of network
`
`elements, the first participant device being associated with a first network elerT1ent and
`
`the second participant device being associated with a second network element of the
`
`communication system, the apparatus comprising:
`
`a controller comprising at least one processor in communication with at least one
`
`memory storing processor readable instructions, the at least one processor being
`
`operably configured by the processor readable instructions to: in response to initiation of
`
`

`

`Case 6:20-cv-00272-ADA Document 103-2 Filed 11/15/23 Page 10 of 41
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`Application/Control Number: 15/942,282
`Art Unit: 2478
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`Page 8
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`a conm1unication to the second participant device, receive a second participant
`
`identifier; access at least one first participant profile in the at least one memory to locate
`
`at least one first participant attribute associated with the first participant ( Turner: Fig, 1
`
`and 4A; [0049f[0051], Figs. 1 and 4A:162; [0049]-[0051], gateway X receives call
`
`request from user A/first participant via the endpoint (EP) 40; EP is an internet
`
`protocol device, the request is from user A identified by CA (2001) to reach user
`
`B/second participant identified by CA (2002); the gateway X accesses directory
`
`server (database) to get users' preferences and privileges (profile));
`
`process the second participant identifier and the at least one first participant
`
`attribute to produce a new second participant identifier (Fig. 2B and 3, [0040]-[0043],
`
`performing translation between CA and NA);
`
`process the new second participant identifier to determine whether the second
`
`network element is the same as the first network element (Turner: Figs. 1 and 4A:4C;
`
`[0050]-[0055]; [0061], comparing users A and B identifiers to determine if they
`
`belong to the same gateway or not);
`
`when the second network element is determined to be the same as the first
`
`network element, produce a routing message identifying a first Internet Protocol (IP)
`
`netvvork address associated with the first network element (Turner: Figs. 1, 4A-4B;
`
`[0049]-[0054] if communication is internal, translate to IP address (Fig. 4B:186)
`
`and communication with user B (Fig. 4B:190)); and
`
`when the second network element is determined to be not the same as the first
`
`netvvork element produce a routing message identifying a second Internet Protocol (IP)
`
`

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`Case 6:20-cv-00272-ADA Document 103-2 Filed 11/15/23 Page 11 of 41
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`Application/Control Number: 15/942,282
`Art Unit: 2478
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`Page 9
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`nelwork address associated with the second network element (Turner: Figs. 1, Fig. 4A,
`
`5A-5C, [0055], if call is external route call to gateway Y via IP communication, see
`
`Fig. 5A:202; gateway X and gateway Y connected via the PSTN/circuit switched
`
`network); and
`
`causing the communication to be established to a destination communication
`
`device using one of the first network element and the second network element ( Turner:
`
`Figs. 1, Fig. 4A, 5A-5C, [0055], communication with destination using gateway X
`
`or gateway Y).
`
`Regarding claim 2, Turner teaches wherein processing Hie new second participant
`
`identifier comprises comparing at least a portion of t!1e second participant identifier with
`
`an identifier associated with the first network element (Turner: Figs. 1 and 4A:4C;
`
`[0050]-[0055]; [0061], comparing users A and B identifiers to determine if they
`
`belong to the same gateway or not).
`
`Regarding claim 3, Turner teaches processing a usm~specific attribute associated with
`
`the first participant profile, using the at least one processor, to determine whether the
`
`communication is allowed to proceed (Turner: [0046]; [0051], determining whether
`
`call is permitted/blocked or not).
`
`Regarding claim 4, Turner teaches causing the at least one processor to access a
`
`database to locate communication forwarding information associated with the second
`
`

`

`Case 6:20-cv-00272-ADA Document 103-2 Filed 11/15/23 Page 12 of 41
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`Application/Control Number: 15/942,282
`Art Unit: 2478
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`Page 1 O
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`participant; and processing the communication forwarding information, using the at least
`
`one processor1 to determine whether the forvvarding information identifies a
`
`communication device associated with a node that is t!1e same as the first network
`
`element (Turner: Figs. 1 and 4A:4C; [0049]-[0055]; [0061], comparing users A and
`
`B identifiers to determine if they belong to the same gateway or not).
`
`Regarding claim 5, Turner teaches w!1erein the communication forwarding information
`
`associated with the second participant comprises a plurality of communication
`
`destination identifiers (Turner: Figs. 1 and 4A:162; [0049]-[0051]; gateway access
`
`directory server/database to get user's preferences and privileges
`
`(progfiles)/identifiers).
`
`Regarding claim 7, Turner teaches wherein processing the second participant identifier
`
`furH1er comprises: causing the at least one processor to access a database to locate
`
`communication blocking information associated with the second participant ( Turner:
`
`[0046] and [0051]; determining whether call is permitted/blocked or not based on
`
`identifiers and profiloes of the calling and called devices).
`
`Regarding claim 8, Turner teaches updating a database to cause at least one user~
`
`specific first participant attribute to be modified, wherein the second participant identifier
`
`identifies a device on the public switched telephone network (PSTN) (Turner: Figs. 1,
`
`Fig. 4A, 5A-5C, [0055], if call is external route call to gateway Y via IP
`
`

`

`Case 6:20-cv-00272-ADA Document 103-2 Filed 11/15/23 Page 13 of 41
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`Application/Control Number: 15/942,282
`Art Unit: 2478
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`Page 11
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`communication, see Fig. 5A:202; gateway X and gateway Y connected via the
`
`PSTN/circuit switched network; performing translation between CA and NA
`
`(updating), see [0040]-[0043]).
`
`Regarding claim 9, Turner teaches wherein processing the new second participant
`
`identifier comprises determining whether a location associated with the first participant
`
`device is the same as a location associated with the new second participant identifier
`
`(Turner: Figs. 1 and 4A:4C; [0050]-[0054]; [0061], comparing users A and B
`
`identifiers to determine if they belong to the same gateway or not, classifying the
`
`communication as internal/system communication (intra-gateway, [0049]) or
`
`external/external network communication (inter-gateway, [0055])),
`
`Regarding claim 10, Turner teaches wherein the new second participant identifier is
`
`associated with a second participant profile identifying a domain name or IP address of
`
`a communication system node comprising the second network element (Figs. 1 and
`
`4A:162 [0049]-[0051], gateway access directory server/database to get users'
`
`preferences and privileges (profiles) and performing translation between CA and
`
`NA, performing translation between CA and NA).
`
`Regarding claim 11, Turner teaches wherein processing the second participant
`
`identifier comprises locating the new second participant identifier in a database based
`
`on the second participant identifier (Figs. 1 and 4A:162 [0049]-[0051], gateway
`
`

`

`Case 6:20-cv-00272-ADA Document 103-2 Filed 11/15/23 Page 14 of 41
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`Application/Control Number: 15/942,282
`Art Unit: 2478
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`Page 12
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`access directory server/database to get users' preferences and privileges
`
`(profiles) and performing translation between CA and NA, performing translation
`
`between CA and NA).
`
`Regarding claim 12, Turner teaches locating the second netvvork address associated
`
`with the second network element in a database based on the second participant
`
`identifier (Figs. 1 and 4A:162 [0049]-[0051], gateway access directory
`
`server/database to get users' preferences and privileges (profiles) and performing
`
`translation between CA and NA, performing translation between CA and NA).
`
`Regarding claim 13, Turner teaches w!1erein processing the second participant
`
`identifier comprises modifying the second participant identifier based on the first
`
`participant profile (Fig. 2B and 3, [0040]-[0043], performing translation between CA
`
`Regarding claim 23, Turner teaches wherein the at least one processor is further
`
`operably configured to cause the communication to be established to the destination
`
`communication device: (a) using the first IP network address, if the second network
`
`element is determined to be the same as the first network element (Turner: Figs. 1,
`
`4A-4B; [0049]-[0054] if communication is internal, translate to IP address (Fig.
`
`4B:186) and communication with user B (Fig. 4B:190)): and (b) using the second IP
`
`netvvork address, if the second network element is determined to be not the same as
`
`

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`Case 6:20-cv-00272-ADA Document 103-2 Filed 11/15/23 Page 15 of 41
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`Application/Control Number: 15/942,282
`Art Unit: 2478
`
`Page 13
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`the first network element (Turner: Figs. 1, Fig. 4A, 5A-5C, [0055], if call is external
`
`route call to gateway Y via IP communication, see Fig. 5A:202; gateway X and
`
`gateway Y connected via the PSTN/circuit switched network).
`
`Regarding claim 25, Turner teaches wherein the at least one processor is further
`
`operably configured to: (a) process an attribute associated with the first participant
`
`profile to determine whether the communication is allowed to proceed; and (b) if the
`
`communication is allowed to proceed, cause at least one attribute associated with the
`
`first participant profile to be modified (Turner: [0046]; [0051], determining whether
`
`call is permitted/blocked or not),
`
`Regarding claim 26, Turner teaches wherein the at least one processor is further
`
`operably configured to cause a routing message identifying a gateway to a public
`
`netvvork to be produced, to cause at least one communication to be routed through the
`
`gateway over t!1e public network (Turner: Figs. 1, Fig. 4A, 5A-5C, [0055], if call is
`
`external route call to gateway Y via IP communication, see Fig. 5A:202; gateway X
`
`and gateway Y connected via the PSTN/circuit switched network).
`
`Regarding claim 27, Turner teaches w!1erein the at least one processor is furt11er
`
`operably configured to determine a network element with which the second participant
`
`device is associated based on a geographical area associated with the second
`
`participant identifier and to identify the network element with wf1icf1 Hie second
`
`

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`Case 6:20-cv-00272-ADA Document 103-2 Filed 11/15/23 Page 16 of 41
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`Application/Control Number: 15/942,282
`Art Unit: 2478
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`Page 14
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`participant device is associated in the routing message (Turner: Figs. 1, Fig. 4A, 5A-
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`5C, [0055], if call is external route call to gateway Y via IP communication, see
`
`Fig. 5A:202; gateway X and gateway Y connected via the PSTN/circuit switched
`
`network).
`
`Regarding claim 29, Turner teaches wherein the at least one processor is further
`
`operably configured to cause a message to be sent through at least one Internet~
`
`connected server to an IP address of the second participant device (Turner: Figs. 1,
`
`Fig. 4A, 5A-5C, [0055], if call is external route call to gateway Y via IP
`
`communication, see Fig. 5A:202; gateway X and gateway Y connected via the
`
`PSTN/circuit switched network).
`
`Regarding claim 30, Turner teaches a non-transitory con1puter readable medium
`
`storing instructions for directing Hie at least one processor to execute the method of
`
`claim 1 (See rejection of claim 1).
`
`Claim Rejections - 35 USC § 103
`
`9.
`
`The following is a quotation of pre-AIA 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, 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.
`
`

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`Case 6:20-cv-00272-ADA Document 103-2 Filed 11/15/23 Page 17 of 41
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`Application/Control Number: 15/942,282
`Art Unit: 2478
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`Page 15
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`10.
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`Claims 19, 20 and 24 are rejected under pre-AIA 35 U.S.C. 103(a) as being
`
`unpatentable over Turner et al (US 2007/0121590 A 1) in view of Westphal (US
`
`2004/0202160 A 1).
`
`Regarding claim 19, Turner teaches a method for routing communications in an
`
`Internet Protocol (IP) based communication system betvveen a first participant device
`
`associated with a first participant and a second participant device associated with a
`
`second participant, the first and second participant devices being associated with
`
`first and second network elerT1ents of the communication system, respectively, first and
`
`second network elements being operably configured to provide communication services
`
`to users associated with first and second geographical areas, respectively, t!1e method
`
`comprising:
`
`receiving, by at least one processor, a second participant identifier associated
`
`with the second participant device, in response to initiation of a communication from the
`
`first participant device to the second participant device, the first participant device being
`
`associated with a first participant identifier; causing the at least one processor to access
`
`at least one memory storing a first participant profile identifying at least one first
`
`participant attribute ( Turner: Fig. 1 and 4A; [0049f[0051J, Figs. 1 and 4A:162;
`
`[0049]-[0051], gateway X receives call request from user A/first participant via the
`
`endpoint (EP) 40; EP is an internet protocol device, the request is from user A
`
`identified by CA (2001) to reach user B/second participant identified by CA (2002);
`
`

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`Case 6:20-cv-00272-ADA Document 103-2 Filed 11/15/23 Page 18 of 41
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`Application/Control Number: 15/942,282
`Art Unit: 2478
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`Page 16
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`the gateway X accesses directory server (database) to get users' preferences and
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`privileges (profile));
`
`processing the second participant identifier and the at least one first participant
`
`attribute, using the at least one processor, to produce a new second participant
`
`identifier ( Fig. 2B and 3, [0040]-[0043], performing translation between CA and NA);
`
`processing the new second participant identifier, using the at least one
`
`processor, to determine whet!1er the second network element is the same as the first
`
`network element (Turner: Figs. 1 and 4A:4C; [0050]-[0055]; [0061], comparing users
`
`A and B identifiers to determine if they belong to the same gateway or not);
`
`when the second network element is determined to be the same as the first
`
`network element, producing a routing message identifying a first network address
`
`associated with the first network element using the at least one processor ( Turner:
`
`Figs. 1, 4A-4B; [0049]-[0054] if communication is internal, translate to IP address
`
`(Fig. 4B:186) and communication with user B (Fig. 4B:190)): and
`
`when the second network element is determined not to be the same as the first
`
`network element, producing a routing message identifying a second network address
`
`associated with the second network element, using the at least one processor ( Turner:
`
`Figs. 1, Fig. 4A, 5A-5C, [0055], if call is external route call to gateway Y via IP
`
`communication, see Fig. 5A:202; gateway X and gateway Y connected via the
`
`PSTN/circuit switched network).
`
`Turner does not explicitly disclose wherein at least one network node is provided
`
`in geographical proximity to at least one of the first and second netvvork elements to
`
`

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`Case 6:20-cv-00272-ADA Document 103-2 Filed 11/15/23 Page 19 of 41
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`Application/Control Number: 15/942,282
`Art Unit: 2478
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`Page 17
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`provide load sharing of the communication services provided to users associated with at
`
`least one of the first and second geographical areas,
`
`Westphal teaches wherein at least one network node is provided in geographical
`
`proximity to at least one of the first and second network elements to provide load
`
`sharing of the comrT1unication services provided to users associated with at least one of
`
`the first and second geographical areas ( Westphal: Figs" 1 and 3; [0025]).
`
`It would have been obvious to a person having an ordinary skill in the art at the
`
`time of the invention to modify the system of Turner wherein at least one network node
`
`is provided in geographical proximity to at least one of the first and second network
`
`elements to provide load sharing of the communication services provided to users
`
`associated with at least one of the first and second geographical areas as disclosed by
`
`Westphal in order to provide a system fir using mobile routing tunneling protocol to
`
`locate functionality in a distributed architecture (Westphal: Abstract).
`
`Regarding claim 20, Turner teaches wherein the communication system comprises a
`
`database for storing user profiles including the first participant profile, each user profile
`
`identifying a respective address associated with a 62 netvvork element at which the
`
`respective user of the communication system is registered to access communication
`
`services (Turner: Fig" 1_; [0040}0050]1 network comprising gateways (network
`
`elements) and gateways accessing directory servers (databases) to communicate
`
`with each other).
`
`

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`Case 6:20-cv-00272-ADA Document 103-2 Filed 11/15/23 Page 20 of 41
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`Application/Control Number: 15/942,282
`Art Unit: 2478
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`Page 18
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`Regarding claim 24, Turner in view of Westphal teaches (a) wherein the
`
`communication system comprises a p