Sprint Communications Company LP v. Vonage Holdings Corp., et al

Filing 354

TRIAL BRIEF by Vonage America, Inc., Vonage Holdings Corp.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit E# 5 Exhibit F# 6 Exhibit G# 7 Exhibit H# 8 Exhibit I)(Campbell, Terrence)

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Sprint Communications Company LP v. Vonage Holdings Corp., et al Doc. 354 Att. 1 Case 2:05-cv-02433-JWL Document 354-2 Filed 09/05/2007 Page 1 of 19 EXHIBIT A Dockets.Justia.com Case 2:05-cv-02433-JWL cov Document 354-2 Filed 09/05/2007 Page 2 of 19 OF PPEP3 FILFD PTOJSB/2t08-02 Please type plus sign inside this box EI1 U.S. Patent to and Approved for use through 10/31/2002. Trademark Office U.S. DEPARTMENT of infomiation unless it OMBO51031 pcPdiMMERCE 3MB control number. the Papeiwork Reduction Act of 1995 no persons are ruired to respond collection displays valid RANSMITTAL FORM Application Number O/438669 11/12/99 __________ ______________ Filing First Named Inventor ___________________ after initial filing Date 1VED 2002 flter Christie Joseph Michael q4d tal Number FEB for all correspondence Group Art Unit 2662 Patel A. Examiner of Name Docket 2600 Pages in This Submission 22 Attorney Number appy1 090e ENCLOSURES Fee Transmittal Form check al/that LI Assignment Papers LI After Allowance Communication to for an Application Group LI Fee Attached LI Drawings LI Appeal Communication Appeals and Interferences to Board of Amendment LI After Final Response LI LI LI Licensing-related Papers LI Appeal Communication Appeal Notice Brief to Group Reply Brief Petition LI to Convert to Proprietary Information Petition LI Affidavits/declarations Provisional Application Li Status Letter LI Power Extension of of Attorney of Revocation Time Request Other Enclosures Address please identify Change Correspondence below Markings to Terminal Disclaimer Version with Show ii Express Abandonment Request Changes LI Request for Made-Pages 10-18 Refund LI LI Information Disclosure Statement LI CD Number of CDs Certified Copy of Priority Remarks Documents LI Response Incomplete to Missing Parts/ Application LI Response Parts to Missing under 37 CFR 1.52or 1.53 SIGNATURE Firm or Individual Brett L. OF APPLICANT No. ATTORNEY OR AGENT Bornsen Reg. 46666 name Signature __ /-CERTIFICATE Date OF MAILING the United States Postal Service as first hereby certify that this correspondence Commissioner Peggy L. is being deposited with class mail in an envelope addressed Typed to Assistant for Patents Washington D.C. 20231 on this date or printed name Nieto Signature .j Statement the This of fl..yhours to Date Burden comments Office Hour on form time is estii are required ttake to 0.2 complete. Time will vary to the depending Chief upon the needs Officer of U.S. the individual case. Tradernarlc Any amount you complete this form should be send Information Patent and Washington Washington. DC 20231. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO Assistant Commissioner for Patents DC 20231. VON 874421 I4 Case 2:05-cv-02433-JWL Document 354-2 Filed 09/05/2007 Page 3 of 19 In the Please Specification that make the following amendments identified are provided by replacement line paragraphs. The replacement paragraphs are by page and beginning follow number. Marked-up versions of the amendments to the specification the remarks section of this response. LJ1..paraaph This on page is beginning on line 45c States filed c1y patent number application continuation oUnited 5991301 is entitled Broadband Telecommunications reference into this application System wMth is on September 1995 which 5i incorporated by and continuation-in-part and Apparatus for oUnited States patent number which States is 5825780 entitled Method System into Telecommunications is Control of United incorporated by reference this application and which continuation patent application number08/23860. jpragraph on page beginning also seize on line User 110 would connection 180 to connection to system 100. The connection is represented by mux 130. Although typically only one connection be available is shown for purposes of clarity would be 160 numerous identified connections would for seizure. The seized connection in the signaling from user 110 to system 100. Signaling processing system would include the identity of this connection in its signaling to mux 130. Response to 8-15-01 Office Action VON.....874422 Case 2:05-cv-02433-JWL Document 354-2 Filed 09/05/2007 Page 4 of 19 paragraph on page beginning on line 10 or group of connections that Connection 280 could information that be any connection to contain can be converted DSO 210 format. Examples to of these connections user information are OC-3 VTI.5 formats DS3 into and DSI. the DSO interface is operable convert in these DSO format. AAL 220 comprises layer. both convergence sublayer and segmentation infon-nation in and reassembly format SAR AAL 220 is operational to accept the user DSQ in from DSO interface 210 and convert the information into ATM cells. AALs are known the art and information about AALs is provided by International Telecommunications patent application for Union ITU document 1.363.1. An AAL for voice is also described in serial number 08/395745 filed on February 28 1995 entitled Cell this application. Processing Voice Transmission 230 is is and hereby incorporated accept by reference into ATM interface operational to ATM cells and transmit them over connection transporting is 283. Connection 283 281 is standard DS3 or SONET connection ATM cells. Connection operational for the DSO format and connection 282 operational to transfer ATM cells. L-paragrapl1 on pagI1 230 beginning will on line ATM to interface demux the cells arriving from connection cells into 283 and provide them 220 AAL 220. AAL 220 converts so that the user information in the the DSO format. AAL the makes the conversion assigned cells from particular virtual connection the DSOs are provided to DSO on connection 281. DSO for interface will convert from connection in the art are 281 into the appropriate the techniques format such for as DS3 connection 280. Those skilled aware of muxing and transporting DSO signals. _Jjuragraph In cm pe features 12 beginning control the on line 10 and the addition to echo CCM call mux can work to provide other digital either signal processing or on on call by The basis. Compression algorithms can be applied could be adjusted for calls universally or to per call basis. destination decibel level from particular origin particular i.e. where hearing basis impaired person may reside. Encryption could be applied on call-by-call based on various could 325. be criteria like the origination number or the destination number. and Various DSP through features associated with various call parameters implemented by the CCM DSP Response to 8-15-0 Office Action VO N_874423 Case 2:05-cv-02433-JWL Document 354-2 Filed 09/05/2007 Page 5 of 19 The paragraph Feature on page manager 21 beginning on line 14 point manager 824 would accept to messages from detection 825 or to 828 and either forward message auxiliary manager to auxiliary switching manager will 826. Particular feature messages would features. be routed manager as 825 which echo process these call These are typically non-IN features such to control or POTS billing. Other features. feature messages would be routed are switching manager or 826. These are typically IN Examples Feature of IN features 800 number translation terminal mobility number translation. manager 824 will pass information back to detection point manager 828 then to origination manager 822 when it is received back from auxiliary manager 825 or switching manager 826. fThej2aragraph on page 21beginning manager 826 which on line 22 if the Switching resource will determine request will be handled by local 827 or by the data handler. stored at message handler Local 820. resource 827 will be structured to provide data more efficiently Examples of such data include an automatic number identification ANI table to validation table which checks into the callers number or dialed number tables to translation translate POTS into numbers instructions N00 of translation translate select 800 numbers routing instructions. access virtual Examples or virtual routing instruction yielded by the tables would be particular connection connection. An example of data in the data handler would be private network VPN routing tables or complex 800 routing plans. Response to 8-15-01 Office Action VON_874424 Case 2:05-cv-02433-JWL Document 354-2 Filed 09/05/2007 Page 6 of 19 In the Claims Please make the following are identified amendments that are provided by replacement versions claims. The to replacement the claims claims follow by claim number. of this Marked-up of the amendments the remarks section response. 1. Amended An Asynchronous Transfer associated with Mode ATM system communication method into comprising system receiving signaling processing indicating virtual user communication processing and the signaling identifier in the processing to generate transmit instructions and echo cancellation requirements into receiving the instructions multiplexer in the and the user communication an ATM interworking ATM interworking multiplexer canceling echo from the user communication into in response virtual to the instructions and converting to the the user communication and ATM cells with the identifier in response the instructions transferring ATM cells from the ATM interworking multiplexer. 4. Amended The method of claim wherein receiving and processing signaling to select the signaling comprises identifier. receiving and processing telecommunication the virtual 5. Amended The method an of claim wherein receiving and processing select the virtual the signaling comprises identifier. receiving and processing initial address message to 6. Amended The method of claim called wherein receiving and the virtual processing identifier. the signaling comprises receiving and processing number to select 7. Amended The method of claim wherein processing the signaling in the processing system comprises accessing service control point. 8. Amended The method call. of claim wherein processing the signaling in the processing system comprises validating Response to 8-15-01 Office Action VON_874425 Case 2:05-cv-02433-JWL Document 354-2 Filed 09/05/2007 Page 7 of 19 9. Amended The method call. of claim wherein processing the signaling in the processing system comprises screening 10. Amended The method of claim call. wherein processing the signaling in the processing system comprises routing 11. Amended The method of claim billing wherein processing call. the signaling in the processing system comprises generating data for 12. Amended The method of claim wherein receiving and processing release the signaling comprises receiving and processing message to control call termination. 13. Amended The method of claim wherein receiving to and processing the signaling comprises receiving and processing an answer message control call cut-through. 14. Amended An receiving Asynchronous Transfer associated with Mode virtual ATM communication into method comprising signaling identifier processing connection system and generating in the processing system processing indicating the the signaling to select virtual identifier and transmitting receiving an the instruction and the connection the virtual identifier into instruction and receiving ATM cells with an ATM interworking in the multiplexer ATM interworking multiplexer converting to the the ATM cells with the virtual identifier into user communication in response instruction and transferring the user communication to the instruction. from the ATM interworking multiplexer over the connection ip rcponce 16. Amended The method and of claim 14 wherein generating and transmitting the instruction comprises generating transmitting an initial address message. Response to 8-15-01 Office Action VON_874426 Case 2:05-cv-02433-JWL Document 354-2 Filed 09/05/2007 Page 8 of 19 processing system configured to receive signaling and associated with user communication virtual identifier and process the signaling to generate transmit instructions indicating and echo cancellation requirements interworking cancel multiplexer configured and to an ATM receive the instructions nd the user communication convert echo from the user communication into in response to the instructions in to the the user communication ATM cells with the virtual identifier response instructions and transfer the ATM cells. 34. Amended An Asynchronous Transfer system configured to select Mode ATM signaling communication associated with system comprising identifier processing the signaling identifier to receive virtual process connection and generate and transmit an instruction indicating the virtual and the connection multiplexer convert and configured to an ATM interworking identifier receive the instruction virtual identifier receive ATM user the cells with the virtual the ATM cells with the into communication in response to the instruction and transfer the user communication from ATM interworking multiplexer over the connection in response to the instruction. Response to -I5-O1 Office Action VON_874427 Case 2:05-cv-02433-JWL Document 354-2 Filed 09/05/2007 Page 9 of 19 Remarks Claims 1-40 are amended allowance are pending and claims 1-40 stand rejected. traverse Claims the rejection 4-14 16 21 and 34 by this response. Applicants respectfully and request of claims 1-40. Regarding sections under 37 terminal 1-2 of the office action the Applicants double claims are filing terminal disclaimer filing the CFR 1.321c to overcome the non-statutory admitting that patenting rejection. By disclaimer claims the Applicants are not 1-40 are not patentably their right to refute distinct from the in U.S. Patent 5991301. The Applicants preserve the assertions of the Examiner in the future. 3-4 of the office Regarding sections action the Examiner rejected claim 21 under 35 adaptation USC device 102 in view of U.S. Patent number converts device 5623491 Skoog. Skoog teaches voice 18 that TI/El 18 signals into ATM echo cells and vice-versa column column lines 47-51. 25-28 Voice adaptation and line also performs cancellation on all traffic lines 41. processing system that Claim 21 on the other hand describes generate instructions that processes signaling to includes virtual identifier and an echo that cancellation requirement. echo responsive to the to the Claim 21 instructions also describes an ATM interworking multiplexer into cancels and converts between the user communication claim 21 and ATM cells responsive instructions. first distinction Skoog second is that Skoog does not teach is processing all system that receives and processes allows save signaling. distinction that Skoog cancels echo of the This time while claim 21 can advantageously echo cancellation to be controlled by the processing third system. is resources allows within communication the point system. distinction that claim 21 advantageously one to control of conversion between selects synchronous virtual connections and asynchronous and the interworking communications. The processing the system identifier multiplexer converts user communication voice using device the virtual identier. Skoog does not teach to how the to dynamically signals control adaptation 18 in response signaling in the to convert cells Ti/El selected. into ATM cells. Skoog does not teach is how the identifiers ATM are Therefore for claim 21 allowable over Skoog. Independent claims 14 and 34 submit are allowable similar reasons. The but that such Applicants that there may be additional reasons in support and are of patentability interests reasons are moot in light of the above remarks omitted in the of Response to 8-15-01 Office Action VON_874428 Case 2:05-cv-02433-JWL Document 354-2 Filed 09/05/2007 Page 10 of 19 brevity. The Any Applicants respectfully to request allowance of claims charged to 1-40. fees in addition those submitted may be deposit account 1-0765. Respectfully submitted Date No. /ik 303-546-1300 ___________________ B4. Boinseg. No. 46566 Tel. Fax No. 303-499-5426 CORRESPONDENCE ADDRESS Customer No. 028004 Response to 8-15-Qi Office Action VON 874429 Case 2:05-cv-02433-JWL Document 354-2 Filed 09/05/2007 Page 11 of 19 Version with Markings to Show Changes Made In the Specification The specification. following represent marked-up versions of the amendments made to the The paragraph This on page is beginning on line application continuation of United States patent number filed 5991301 1995 which part is entitled Broadband Telecommunications into this application System on September incorporated by reference and which System into is continuation-in- of United States patent number 5825780 is entitled Method and Apparatus for Telecommunications which is Control which of United incorporated by reference number this application and continuation States patent application 08/238605. The paragraph on page beginning seize on line User 110 connection 180 would also to connection to system 100. The connection for is represented by mux 130. Although typically only one connection is shown The purposes of clarity numerous identified connections would be available to for seizure. seized connection would be 160 in the signaling from user 110 system 100. Signaling processing system would include the identity of this connection in its signaling to mux 130. The paragraph on page beginning be on line 10 or group Connection information 280 could can be converted any connection of connections that contain that to DSO 210 format. Examples of these connections user information are OC-3 VTL5 DS3 formats into and DSI. DSO interface is operable to convert in these the DSO format. AAL 220 comprises layer. both convergence operational to convert the sublayer accept and segmentation information and reassembly format SAR AAL 220 is the user in DSO from DSO interface 210 and information into ATM cells. AALs are known in the art and information about AALs is provided by International Telecommunications patent application Union ITU document 1.363.1. An AAL for voice is also described in serial number 08/395745 filed on February 28 1995 entitled Cell 10 Response to 8-15-01 Office Action VON_874430 Case 2:05-cv-02433-JWL Document 354-2 Filed 09/05/2007 Page 12 of 19 Processing for Voice Transmission 230 is is and hereby incorporated cells by reference into this application. ATM interface operational to accept ATM and transmit them over connection transporting is 283. Connection 283 281 is standard for the DS3 or SONET connection ATM cells. Connection operational DSO format and connection 282 operational to transfer ATM cells. The paragraph on page 11 beginning interface on line ATM to 230 will demux the cells arriving from connection cells into the 283 and provide them 220 to AAL 220. AAL the 220 converts conversion the user information in the DSO format. AAL makes assigned so that 281. cells from particular virtual connection are provided the DSO on connection DSO interface will convert the DSOs from skilled connection 281 into the appropriate the techniques format such for as DS3 for connection 280. Those in the art are aware of muxing and transporting DSO signals. The paragraph on page 12 beginning echo control the on line 10 the In addition to CCM and call basis. mux can work to provide other digital signal processing or on features on call by The Compression algorithms can level be applied ftrn either universally per call basis. particular decibel could be adjusted hearing for calls particular origin or to destination i.e. where based impaired criteria person may reside. Encryption could be applied on call-by-call basis on various could like the origination call number or the destination number. and Various DSP the features be associated with various 325. parameters implemented by CCM through DSP The paragraph on page 21 beginning on line 14 point manager 828 and Feature manager either 824 would accept to auxiliary messages from detection manager 825 forward message or to switching will manager 826. Particular feature messages would be routed These are typically to auxiliary manager 825 which as process these call billing. features. non-IN features such to switching echo control or POTS Other feature messages would be routed of IN features are manager 826. or These are typically IN features. Examples Feature 800 number translation terminal mobility number 828 825 translation. manager 824 will pass information back to detection point manager then to origination manager 822 when it is received back from auxiliary manager or switching 11 Response to 8-15-01 Office Action VON_874431 Case 2:05-cv-02433-JWL Document 354-2 Filed 09/05/2007 Page 13 of 19 manager 826. The paragraph on page 21 beginning on line 22 if the request will Switching resource manager 826 which will determine be handled by local 827 or by the data handler. stored at message handler Local resource 827 will be structured to provide an data more efficiently 820. Examples of such data include automatic number identification ANI table to validation table which checks numbers into into the callers number dialed number translation translate POTS routing instructions instructions. or N00 translation tables to translate select 800 numbers routing access Examples or virtual of routing instruction yielded by the tables would be particular connection connection. An or example of data in the data handler would be virtual private network VPN routing tables complex 800 routing plans. In the Claims The of the following represent marked-up versions of the amendments confusion made in the to the claims. All claims are presented amended or not in order to avoid event of future prosecution. 1. Amended An Asynchronous Transfer Mode ATM with communication method comprising into receiving signaling associated user communication processing system processing instructions the signaling identifier in the processing system to generate and transmit indicating virtual and echo cancellation requirements an receiving the instructions multiplexer in the and the user communication into ATM interworking ATM interworking and multiplexer converting the the canceling echo from the user communication in response virtual to the instructions user communication and into ATM cells with the identifier in response to instructions transferring the ATM cells from the ATM interworking multiplexer. 2. Not Amended The method of claim wherein receiving the user communication comprises 12 Response to 8-15-01 Office Action VON_874432 Case 2:05-cv-02433-JWL Document 354-2 Filed 09/05/2007 Page 14 of 19 receiving the user communication in an optical format and converting the user communication into an electrical format. 3. Not Amended The method of claim wherein receiving the user communication comprises receiving the user communication from DSO connection. 4. Amended The method comprises of claim wherein receiving and processing telecommunication the signaling to select receiving and processing signaling the virtual identifier. 5. Amended The method of claim wherein receiving and processing processing an initial the signaling select the virtual comprises identifier. receiving and address message to 6. Amended The method comprises of claim wherein receiving and called processing to the signaling the virtual identifier. receiving and processing number select 7. Amended The method of claim wherein processing control the signaling in the processing system comprises accessing service point. Amended processing The method of claim wherein processing the signaling in the system comprises validating call. 9. Amended The method comprises of claim wherein processing the signaling in the processing system screening call. 10. Amended The method of claim wherein processing the signaling in the processing system comprises routing call. 11. Amended The method of claim wherein processing data for the sjgnaling in the processing system comprises generating billing call. 13 Response to 8-15-01 Office Action VON 874433 Case 2:05-cv-02433-JWL Document 354-2 Filed 09/05/2007 Page 15 of 19 12. Amended The method of claim wherein receiving and processing the signaling call termination. comprises receiving and processing release message to control 13. Amended The method of claim wherein receiving and processing to the signaling control call cut-through. comprises receiving and processing an answer message 14. Amended An Asynchronous Transfer Mode ATM with communication virtual identifier method into comprising processing receiving signaling associated system in the processing system processing the signaling transmit an instruction to select connection the virtual and generating identifier and transmitting and indicating and Ih connection to generate and transmit signaling indicating the connectionj receiving the instruction interworking in the and receiving ATM cells with the virtual identifier into an ATM multiplexer ATM interworking multiplexer in converting to the ATM cells with the virtual identifier into user communication response the instruction and multiplexer over the transferring the user communication to from the ATM interworking connection in response the instruction. 15. Not Amended connection The method of claim 14 wherein transferring the user communication over the comprises transferring the user communication over DSO connection. 16. Amended The method of claim 14 wherein and generating an initial and transmitting the instruction comprises generating transmitting address message. 17. Not Amended The method of claim 14 wherein processing an initial receiving and processing the information comprises receiving and address message to select the connection. 18. Not Amended The method of claim 14 wherein receiving and processing the information 14 Response to 8-15-01 Office Action VON_874434 Case 2:05-cv-02433-JWL Document 354-2 Filed 09/05/2007 Page 16 of 19 comprises receiving and processing called number to select the connection. 19. Not Amended The method of claim 14 wherein receiving and processing release message to the information comprises receiving and processing control call termination. 20. Not Amended The method of claim 14 wherein receiving and to processing the information comprises receiving and processing an answer message control call cut-through. 15 Response to 8-15-01 Office Action /4 VON 874435 Case 2:05-cv-02433-JWL Document 354-2 Filed 09/05/2007 Page 17 of 19 21. Amended An processing Asynchronous Transfer system configured to Mode ATM signaling to communication system comprising associated with user receive communication indicating and process the signaling identifier generate and transmit instructions virtual and echo cancellation requirements to and the instructions an ATM interworking cancel echo multiplexer configured receive and the user communication convert from the user communication into in response to the instructions in the user communication and transfer the ATM cells with the virtual identifier response to the instructions ATM cells. 22. Not Amended to receive The system of claim 21 wherein in an the ATM interworking multiplexer the user is configured the user communication an electrical optical format and convert communication into format. 23. Not Amended to The system of claim 21 wherein the from ATM interworking multiplexer is configured receive the user communication DSO connection. 24. Not Amended The system of claim 21 wherein the processing the virtual system is configured to receive and process telecommunication signaling to select identifier. 25. Not Amended The system of claim 21 wherein the processing system is configured to receive and process an initial address message to select the virtual identifier. 26. Not Amended and process The system of claim 21 wherein the processing identifier. system is configured to receive called number to select the virtual 27. Not Amended service The system of claim 21 wherein the processing system is configured to access control point. 28. Not Amended call. The system of claim 21 wherein the processing system is configured to validate 16 Response to 8- 5-0 Office Action VON 874436 Case 2:05-cv-02433-JWL Document 354-2 Filed 09/05/2007 Page 18 of 19 29. Not Amended call. The system of claim 21 wherein the processing system is configured to screen 30. Not Amended call. The system of claim 21 wherein the processing system is configured to route 31. Not Amended billing The system of claim 21 call. wherein the processing system is configured to generate data for 32. Not Amended and process The system of claim 21 wherein message to control the processing system is configured to receive release call termination. 33. Not Amended and process The an system of claim 21 wherein to control the processing system is configured to receive answer message call cut-through. 34. Amended An processing Asynchronous Transfer system configured to Mode ATM signaling communication system comprising associated with receive virtual identifier process instruction the signaling the virtual identifier to select connection connection and generate to and transmit an generate an with indicating and and and transmit signaling indicating the connection to ATM interworking identifier multiplexer convert the configured receive the the instruction identifier receive ATM user cells the virtual ATM cells with virtual into communication communication in in response the to the instruction and transfer the user the connection from ATM interworking multiplexer over response to the instruction. 35. Not Amended to transfer The system of claim 34 wherein the ATM interworking multiplexer to is configured instruction. the user communications over DSO connection in response the 36. Not Amended The system of claim 34 wherein the processing system is configured to 17 Response to 8-15-01 Office Action VO N_874437 Case 2:05-cv-02433-JWL Document 354-2 Filed 09/05/2007 Page 19 of 19 generate and transmit an initial address message indicating the connection. 37. Not Amended and process The an system of claim 34 wherein the processing select system is configured to receive initial address message to the connection. 38. Not Amended and process The system of claim 34 wherein to select the processing system is configured to receive called number the connection. 39. Not Amended and process The system of claim 34 wherein the processing to control call termination. system is configured to receive release message 40. Not Amended and process The an system of claim 34 wherein the processing to system is configured to receive answer message control call cut-through. 18 Response to 8-15-01 Office Action VON 874438

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