Ex Parte Mayer et al

Patent Trial and Appeal Board

Feb 22, 2017

13148018 (P.T.A.B. Feb. 22, 2017)

United States Patent 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.
13/148,018 08/04/2011 Georg Mayer NC67858US-PCT 7989
12358 7590 02/24/2017
Mint7 T evin/Nnkia Teohnnlnaies; Ov EXAMINER
One Financial Center
Boston, MA 02111
RAHMAN, SM AZIZUR
ART UNIT PAPER NUMBER
2458
NOTIFICATION DATE DELIVERY MODE
02/24/2017 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):
IPDocketingBOS @ mintz.com
IPFileroomBOS@mintz.com
Nokia. IPR @ nokia. com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte GEORG MAYER, JARI MUTIKAINEN, and PETER LEIS
Appeal 2016-004284
Application 13/148,0181
Technology Center 2400
Before JEAN R. HOMERE, KEVIN C. TROCK, and
AARON W. MOORE, Administrative Patent Judges.
HOMERE, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
Appellants seek our review under 35 U.S.C. § 134(a) of the
Examiner’s Final Rejection of claims 42—79, which constitute all of the
claims pending in this appeal. Claims 1—40, 80, and 81 have been canceled.
Claims App’x. We have jurisdiction under 35 U.S.C. § 6(b).
We reverse.
1 Appellants identify the real party in interest as Nokia Corporation. Br. 2.
Appeal 2016-004284
Application 13/148,018
Appellants ’ Invention
Appellants invented a method and apparatus for re-routing a
connection initialization request message from a first communication
domain (e.g., a packet-switched network) to a second communication
domain (e.g., a circuit-switched network). Abstr.; Spec. 20:6—32; Fig. 4. In
particular, upon receiving from a communication connection termination
node a response to a transmitted request message, a receiver examines an
indication in the response rejecting a media flow type of the communication
in the first communication domain. Subsequently, the receiver re-routes the
request message to the second communication domain specified in another
indication contained in the response. Id.
Illustrative Claim
Independent claim 42 is illustrative, and reads as follows:
42. An apparatus comprising:
a transmitter configured to transmit a connection initialization request
message to a communication connection terminating node for initializing a
communication connection in a first communication domain;
a receiver configured to receive a response to the connection
initialization request message, the response indicating a rejection of a media
flow type of the communication connection in the first communication
domain and comprising a predetermined indication portion, the
predetermined indication portion indicating a re-routing request of the
communication connection to a second communication domain; and
a processor configured to process the received response, check
whether a predetermined condition set is met, and if the predetermined
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Application 13/148,018
condition is met, cause a transmission of another connection initialization
request message to the communication connection terminating node
for initializing a communication connection in [[a]] the second
communication domain with the rejected media flow type of the
communication connection.
Prior Art Relied Upon
US 2007/0053343 A1 Mar. 8, 2007
US 2008/0080428 A1 Apr. 3, 2008
Rejection on Appeal
Claims 42—79 stand rejected under 35 U.S.C. § 103(a) (pre-AIA) as
being unpatentable over the combination of Suotula and Jappila. Final. Rej.
6-26.
Suotula
Jappila
ANALYSIS
Regarding the rejection of claim 42, Appellants argue the proposed
combination of Suotula and Jappila does not teach or suggest a response
indicating a rejection of a media flow type of a communication connection
in a first communication domain, and indicating a re-routing request to the
second communication domain. App. Br. 13. In particular, Appellants
argue that although Jappila teaches a hands-off optimization technique of
user equipment (UEs) between a packet-switched (PS) network and a
circuit-switched (CS) network, the Radio Resource Control (RRC) reject
message does not indicate a re-routing request to a different communication
domain. App. Br. 14 (citing Jappila Abstr., 148). Instead, it merely
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Appeal 2016-004284
Application 13/148,018
commands the UE to move to another carrier within the same
communication domain. Id. at 14 (citing Jappila 43, 45). This argument
is persuasive.
At the outset, we note claim 42 recites in relevant-part the following
(emphasis added):
a receiver configured to receive a response to the connection
initialization request message, the response indicating a rejection of a
media flow type of the communication connection in the first
communication domain and comprising a predetermined indication
portion, the predetermined indication portion indicating a re-routing
request of the communication connection to a second communication
domain.
Therefore, the claim does require that a response indicating a rejection of the
media flow type of communication in the first domain, and indicating a re­
routing request to the second communication domain.
The Examiner finds Jappila teaches a UE capable of operating in three
different communication domains, wherein the user’s request is routed from
one domain to another. Ans. 3^4 (citing Jappila 125, Fig. 6). Further, the
Examiner finds Jappila also teaches a Radio Resource Control (RRC) block
sending a connection status message containing a connection reject, which
the PS network uses to command the UE to switch to a WCDMA carrier
where the CS service is supported. Id. at 4—5 (citing Jappila Tflf 46, 53, 55).
According to the Examiner, Jappila’s connection reject teaches the rejection
of the media flow type of the communication connection in the first
communication domain. Id. We do not agree with the Examiner.
Jappila teaches a UE operating in a packet switched (PS) type network
that may switch to a circuit switch (CS) type network in order to fulfill a
service request on the UE that is best suited for the CS type network.
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Application 13/148,018
Jappila 125. Jappila teaches another embodiment wherein a UE originates a
CS call service by sending a CS service request inquiring as to which of the
CS networks (CS or PS+CS) to select. Initially, the UE sends the request to
the PS network, which asks for instructions from the PS+CS unit, which
subsequently inquires about the CS unit, and returns the inquiry to the PS
unit. The PS unit then orders the UE to switch to the CS network that
supports the WCDMA carrier. Id. 53, 55. Although the cited portions of
Jappila teach a connection reject message, we agree with Appellants that the
cited reject message is not based on the media flow type. Reply Br. 2.
Instead, it is an indication to reject a current carrier in the CS domain, and to
move to the WCDMA carrier within the same CS domain. Accordingly, we
agree with Appellants that the Examiner erred in finding the combination of
Suotula and Jappila teaches or suggests a rejection of a media flow type of
the communication connection in the first communication domain to thereby
re-route the communication connection request to a second communication
domain.
Because Appellants have shown at least one reversible error in the
Examiner’s obviousness rejection, we need not reach Appellants’ remaining
arguments. Consequently, we do not sustain the Examiner’s rejection of
claim 42, as well as the rejections of claims 43—79, which recite the disputed
limitations discussed above.
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Application 13/148,018
DECISION
We reverse the Examiner’s obviousness rejection under 35 U.S.C. §
103(a) of claims 42—79 as set forth above.
REVERSED
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