`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`wwwusptogov
`
`
`
`
`
`15/040,673
`
`02/10/2016
`
`Masayuki Mizumoto
`
`731156512
`
`1084
`
`S eed IP Law Group LLPflDanasonic
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`POPE, KHARYE
`
`PAPER NUIVIBER
`
`ART UNIT
`
`2652
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`05/05/2017
`
`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):
`
`patentinfo @ seedip.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 15/040,673 MIZUMOTO ET AL.
`
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`KHARYE POPE $2213 2652
`-- 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 g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136( a).
`after SIX () 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).
`
`In no event, however, may a reply be timely filed
`
`Status
`
`1)IZI Responsive to communication(s) filed on 12/27/2016.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)|:l This action is non-final.
`2a)|Z| This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)IZI Claim(s) 1,3 and 5-15 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`is/are allowed.
`6)I:I Claim(s)
`7)|Z| Claim(s) 1, 3and5-15is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
`
`
`are subject to restriction and/or election requirement.
`9)I:I Claim((s)
`* 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
`hit
`:/'/\W¢W.LISI>I‘.0. ovI’ atentS/init events/
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`iindex.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
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`Application Papers
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`10)I:l The specification is objected to by the Examiner.
`11)I:l The drawing(s) filed on
`is/are: a)I:I accepted or b)I:I 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)I:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)I:l All
`
`b)|:l Some” c)I:l None of the:
`
`1.I:I Certified copies of the priority documents have been received.
`2.|:l 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
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`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`
`
`3) D Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) I] InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20170222
`
`

`

`Application/Control Number: 15/040,673
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`Page 2
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`Art Unit: 2652
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`DETAILED ACTION
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`Response to Amendment
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`This is in response to Applicants amendment filed 12/27/2016 which has been entered.
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`Claims 1, 3 and 5—7 have been amended. Claims 2 and 4 have been cancelled. Claims 8—15 have
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`been added. Claims 1, 3 and 5—15 are still pending in this application, with Claims 1, 5 and 7
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`being independent.
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`Response to Arguments
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`1.
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`Applicant’s arguments with respect to Claims 1, 3 and 5—15 have been considered but are
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`moot because the arguments do not apply to any of the references being used in the current
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`rejection.
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`Claim Rejections - 35 USC § 103
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`2.
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`The text of those sections of Title 35, US. Code not included in this action can be found
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`in a prior Office action.
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`3.
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`Claims 1, 3, 5, 7—9 and 11—15 are rejected under 35 USC. 103 as being unpatentable over
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`BENSON et al (2002/0067821 A1) and Gisby et al (2008/0130554 A1).
`
`As per Claim 1, Benson teaches a private branch exchange that transfers an incoming
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`alert to a terminal, which an agent that performs a telephone call answering service operates, in a
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`case in which the incoming alert is received from an external communication terminal, the
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`private branch exchange comprising: detecting the incoming alert from an external
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`communication terminal (Figure 9 — Reference 100; Page 2, Paragraphs [0023] — [0025]; Page 9,
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`Paragraph [0042]).
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`

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`Application/Control Number: 15/040,673
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`Page 3
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`Art Unit: 2652
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`Benson describes a switch connected to a server that is being considered as the recited
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`private branch exchange (PBX). The PBX is responsible for establishing, terminating or
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`changing (i.e. transfer/forwarding) a call (Page 2, Paragraph [0024]). Benson also describes an
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`embodiment where an incoming call comes in from a customer (i.e. external communication
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`terminal) looking to place an order (Page 4, Paragraph [0042]). The use of the PBX to direct an
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`incoming communication inherently teaches the recited an incoming alert detection.
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`Benson also teaches determining a target terminal, and transferring the incoming alert to
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`the target terminal, wherein when the target terminal answers the incoming alert, the operations
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`further including: forming a speech path from the external communication terminal to the target
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`terminal (Figure 9 — Reference 104; Page 2, Paragraph [0024] and [0026]; Page 4, Paragraph
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`[0043]).
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`As described above, the PBX is responsible for establishing, terminating or changing (i.e.
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`transfer/forwarding) a call (Page 2, Paragraph [0024]). The process of establishing, terminating
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`or changing a call inherently teaches determining a target terminal, transferring the incoming
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`alert to the target terminal; and forming a speech path from the external communication terminal
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`to the target terminal. The answering of the incoming alert (Figure 9 — Reference 104) is also
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`taught.
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`Benson continues to teach storing log data to the memory, the log data including, a start
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`time and an end time of the incoming alert, an incoming alert result indicating the incoming alert
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`was unanswered, and a name of an agent which is related to the target terminal which did not
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`answer the incoming alert (Page 3, Paragraph [0034]).
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`

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`Application/Control Number: 15/040,673
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`Page 4
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`Art Unit: 2652
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`The call log database described by Benson includes the time the agent's phone is
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`connected (i.e. start time); the time the agent's phone is disconnected (i.e. end time); the agent's
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`ID (i.e. name of agent which is related to the target terminal); the call type; the directory number
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`of the telephone the call was forwarded from; the forward reason if any (i.e. unanswered call);
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`business information associated with this call (i.e. name of an agent which is related to the target
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`terminal which did not answer the incoming alert).
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`Benson does not explicitly teach a processor; a memory including instructions that when
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`executed by the processor; and wherein when the target terminal does not answer the incoming
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`alert and a predetermined non—answer monitoring time has expired after transferring the
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`incoming alert to the target terminal.
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`However, Gisby does teach a processor (Figure 4 — Reference 460; Page 5, Paragraph
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`[0046]); a memory including instructions that when executed by the processor (Figure 4 —
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`References 420, 430 and 440; Page 5, Paragraph [0046] and [0049]); and wherein when the
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`target terminal does not answer the incoming alert and a predetermined non—answer monitoring
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`time has expired after transferring the incoming alert to the target terminal (Figure 7 — Reference
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`570; Page 10, Paragraphs [0091] and [0092]).
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`Gisby describes making a determination as to whether the current ring count (i.e. current
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`number of rings exceeds the maximum ring count defined by user (i.e. predetermined number of
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`rings allowed). Gisby also describes the use of a timer that is used to check the time equivalent to
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`the time associated with the user defined maximum ring count (Page 10, Paragraph [009l]).
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`Gisby also indicates that if the current ring count exceeds the maximum ring count then the call
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`may be forwarded (i.e. to voicemail/another agent) (Page 10, Paragraph [0092]).
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`

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`Application/Control Number: 15/040,673
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`Page 5
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`Art Unit: 2652
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`It would have been obvious to one of ordinary skill before the effective filing date of the
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`claimed invention to modify the system taught by Benson with the system as taught by Gisby to
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`provide call center administrators a record of how often agents are ignoring calls that have been
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`assigned to the agent enabling the call center administrator to consider this data when conducting
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`performance reviews.
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`As per Claims 3, l2 and 14, the combination of Benson and Gisby teaches wherein when
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`the target terminal does not answer the incoming alert and a predetermined non—answer
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`monitoring time has expired after transferring the incoming alert to the target terminal, the
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`operations further including: determining a subsequent target terminal, and transferring the
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`incoming alert to the subsequent target terminal as described in Claims 1, 5 and 7.
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`Gisby describes making a determination as to whether the current ring count (i.e. current
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`number of rings exceeds the maximum ring count defined by user and if so forwarding of the
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`call. The PBX described by Benson is responsible for establishing, terminating or changing (i.e.
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`transfer/forwarding) a call. It would be obvious to have the PBX forward the call from the
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`originally targeted terminal to a subsequent terminal if the original terminal does not answer the
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`call.
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`It would have been obvious to one of ordinary skill before the effective filing date of the
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`claimed invention to modify the system and method taught by Benson with the system and
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`method as taught by Gisby to provide call center administrators a record of how often agents are
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`ignoring calls that have been assigned to the agent enabling the call center administrator to
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`consider this data when conducting performance reviews.
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`

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`Application/Control Number: 15/040,673
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`Page 6
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`Art Unit: 2652
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`As per Claim 5, the combination of Benson and Gisby teaches a communication method
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`as described in Claim 1 above. Benson also teaches a plurality of terminals (Figure 1 — Reference
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`22; Page 2, Paragraph [0023]); a manager terminal (Figure 1 — Reference 12; Page 2, Paragraph
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`[0025]; and in a case in which the manager terminal indicates the acquisition of report
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`information to the private branch exchange, the operations further including transmitting the log
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`data to the manager terminal (Figures 1 and 2 — References 12, 34 and 48; Page 3, Paragraph
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`[0033]; Page 4, Paragraph [0038]).
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`Benson describes the use of a server (Figure 1 — Reference 12) that has a manager
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`terminal connected to it. The use of the create custom report component (Figure 2 — Reference
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`48) draws upon information contained within the archive database (Figure 2 — Reference 34) to
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`generate reports based on events stored in the call log which may be displayed on the manager
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`terminal.
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`It would have been obvious to one of ordinary skill before the effective filing date of the
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`claimed invention to modify the system and method taught by Benson with the system and
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`method as taught by Gisby to provide call center administrators a record of how often agents are
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`ignoring calls that have been assigned to the agent enabling the call center administrator to
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`consider this data when conducting performance reviews.
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`As per Claim 7, the combination of Benson and Gisby teaches a communication system
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`and method as described in Claims 1 and 5 above. It would have been obvious to one of ordinary
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`skill before the effective filing date of the claimed invention to modify the system and method
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`taught by Benson with the system and method as taught by Gisby to provide call center
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`administrators a record of how often agents are ignoring calls that have been assigned to the
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`

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`Application/Control Number: 15/040,673
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`Page 7
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`Art Unit: 2652
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`agent enabling the call center administrator to consider this data when conducting performance
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`reviews.
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`As per Claims 8 and ll, Benson teaches wherein when the target terminal does not
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`answer the incoming alert and the corresponding incoming alert is ceased after transferring the
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`incoming alert to the target terminal, the operations further including: storing log data to the
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`memory, the log data including at a start time and an end time of the incoming alert, an incoming
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`alert result indicating the incoming alert was abandoned, and a name of an agent which is related
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`to the target terminal which did not answer the incoming alert (Figure 2 — Reference 34; Page 4,
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`Paragraph [0038]).
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`Benson describes the use of an archive database (Figure 2 — Reference 34) that stores
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`data from the call log (Figure 2 — Reference 30) and the daily report (Figure 2 — Reference 40).
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`Information that may be obtained may include the number of abandoned calls; the number of
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`multiple abandoned calls; the dialed number of all abandoned calls; the average wait time; the
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`longest wait time; the number of abandoned calls with CLI/ANI information; the disposition or
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`completion code for all transferred calls (i.e. incoming alert result indicating the incoming alert
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`was abandoned) (Page 4, Paragraph [0038]).
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`As described in Claim 1, the call log database includes the time the agent's phone is
`
`connected (i.e. start time); the time the agent's phone is disconnected (i.e. end time); the agent's
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`ID (i.e. name of agent which is related to the target terminal); the call type; the directory number
`
`of the telephone the call was forwarded from; business information associated with this call (i.e.
`
`name of an agent which is related to the target terminal which did not answer the incoming alert).
`
`

`

`Application/Control Number: 15/040,673
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`Page 8
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`Art Unit: 2652
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`It would have been obvious to one of ordinary skill before the effective filing date of the
`
`claimed invention to modify the system and method taught by Benson with the system and
`
`method as taught by Gisby to provide call center administrators a record of how often agents are
`
`ignoring calls that have been assigned to the agent enabling the call center administrator to
`
`consider this data when conducting performance reviews.
`
`As per Claims 9, l3 and 15, the combination of Benson and Gisby teaches wherein when
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`the subsequent target terminal does not answer the incoming alert and a predetermined non—
`
`answer monitoring time has expired after transferring the incoming alert to the subsequent target
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`terminal, the operations further including: storing log data to the memory, the log data including,
`
`a start time and an end time of the incoming alert to the subsequent target terminal, an incoming
`
`alert result indicating the incoming alert was unanswered by the subsequent target terminal, and
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`a name of an agent which is related to the subsequent target terminal which did not answer the
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`incoming alert.
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`As described in Claim 3, Gisby describes making a determination as to whether the
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`current ring count (i.e. current number of rings exceeds the maximum ring count defined by user
`
`and if so forwarding of the call. The PBX described by Benson is responsible for establishing,
`
`terminating or changing (i.e. transfer/forwarding) a call. It would be obvious to have the PBX
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`continue to forward the call from any targeted terminal (i.e. first terminal, second terminal... nth
`
`terminal) to a subsequent terminal if the targeted terminal does not answer the call.
`
`It would have been obvious to one of ordinary skill before the effective filing date of the
`
`claimed invention to modify the system and method taught by Benson with the system and
`
`method as taught by Gisby to provide call center administrators a record of how often agents are
`
`

`

`Application/Control Number: 15/040,673
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`Page 9
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`Art Unit: 2652
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`ignoring calls that have been assigned to the agent enabling the call center administrator to
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`consider this data when conducting performance reviews.
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`4.
`
`Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over BENSON et al
`
`(2002/0067821 Al) and Gisby et al (2008/0130554 Al) as applied to Claim 5 above, and further
`
`in view of Reding et al (2005/0053221 Al).
`
`As per Claim 6, the combination of Benson and Gisby teaches the communication system
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`according to Claim 5; but does not explicitly teach wherein each of the plurality of terminals is
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`provided with a button which displays that an incoming alert is transferred from the private
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`branch exchange. However, Reding does teach wherein each of the plurality of terminals is
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`provided with a button which displays that an incoming alert is transferred from the private
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`branch exchange (Page 9, Paragraph [0115]).
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`It would have been obvious to one of ordinary skill before the effective filing date of the
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`claimed invention to modify the system taught by Benson and Gisby with the system as taught
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`by Reding to provide an adaptive method and apparatus for providing a user with a notification
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`of a call allowing the user may receive timely notifications of incoming calls and voice mail
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`l’l’lCSSflgCS.
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`5.
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`Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over BENSON et al
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`(2002/0067821 Al) and Gisby et al (2008/0130554 Al) as applied to Claim 5 above, and further
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`in view of Fahlgren et al (2013/0336472 Al).
`
`As per Claim 10, the combination of Benson and Gisby teaches the communication
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`system according to Claim 5; but does not explicitly teach a voice accumulation device which
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`

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`Application/Control Number: 15/040,673
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`Page 10
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`Art Unit: 2652
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`accumulates an automatic guidance message and music, and the operations further including:
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`indicating reproduction of the automatic guidance or the music to the voice accumulation device,
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`and wherein when the target terminal answers the incoming alert or when the target terminal
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`does not answer the incoming alert and a predetermined non—answer monitoring time has expired
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`after transferring the incoming alert to the target terminal, the operations further including:
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`indicating cessation of the reproduction of the automatic guidance or the music to the voice
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`accumulation device.
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`However, Fahlgren does teach a voice accumulation device which accumulates an
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`automatic guidance message and music, and the operations further including: indicating
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`reproduction of the automatic guidance or the music to the voice accumulation device, and
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`wherein when the target terminal answers the incoming alert or when the target terminal does not
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`answer the incoming alert and a predetermined non—answer monitoring time has expired after
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`transferring the incoming alert to the target terminal, the operations further including: indicating
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`cessation of the reproduction of the automatic guidance or the music to the voice accumulation
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`device (Page 2, Paragraphs [0020] and [0021]; Page 3, Paragraph [0023]).
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`Gisby describes the use of an Interactive Voice Response (IVR) element (i.e. voice
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`accumulation device) that provides prompts and announcements for system users (Page 5,
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`Paragraph [0048]; Page 8, Paragraph [0072]). Fahlgren describes the use of queue—state
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`applications (i.e. call treatments) for callers waiting to be connected to a destination (i.e. call
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`center agent). The call treatments described include an added—state application, a wait—state
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`application and an action—state application (Page 2, Paragraph [002l]).
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`

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`Application/Control Number: 15/040,673
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`Page 11
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`Art Unit: 2652
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`An example of an added—state application is an announcement that the user has been
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`added to a queue (Page 2, Paragraph [0021]). A wait—state application is a queue—state application
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`executed while waiting in queue (i.e. execute and play audio/music or perform text to speech
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`conversion and engage the caller while in queue) (Page 2, Paragraph [0020]). An example of an
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`action—state application is the playing of a message notifying the caller that the call is now being
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`connected (Page 2, Paragraph [0021]).
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`It would have been obvious to one of ordinary skill before the effective filing date of the
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`claimed invention to modify the system taught by Benson and Gisby with the system as taught
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`by Fahlgren to inform a user waiting to be connected to an agent of the current status of the
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`queue (i.e. expected wait time/number of callers ahead) allowing the user to make an intelligent
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`decision to regarding continuing to wait or to try again later.
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`Conclusion
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`The prior art made of record and not relied upon is considered pertinent to applicant's
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`disclosure. Shaffer et al (2006/0126816 Al), Vendrow et al (2010/0128867 Al), Kirchhoff et al
`
`(8,369,311 B1), Sato et al (2002/0051530 A1), Tendick et al (2014/0254786 A1), Mcgary et al
`
`(2009/0190739 A1), Kawashima et al (2014/0010361 A1), Zgardovski et al (2012/0027197 A1),
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`Walker et al (2004/0208307 A1), Elkington et al (2013/0121484 A1), Chatterjee et al
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`(2007/0248221 A1), Riefel (2015/0131793 A1) and Morris (2005/0105711 A1). Each of these
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`describes systems and method of distributing calls within a call center.
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`Applicant's amendment necessitated the new ground(s) of rejection presented in this
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`Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a).
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`Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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`

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`Application/Control Number: 15/040,673
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`Page 12
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`Art Unit: 2652
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action. In the event a first reply is filed Within TWO
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`MONTHS of the mailing date of this final action and the advisory action is not mailed until after
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`the end of the THREE—MONTH shortened statutory period, then the shortened statutory period
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`Will expire on the date the advisory action is mailed, and any extension fee pursuant to 37
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`CFR l.l36(a) Will be calculated from the mailing date of the advisory action. In no event,
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`however, Will the statutory period for reply expire later than SIX MONTHS from the date of this
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`final action.
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`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to KHARYE POPE Whose telephone number is (571)270—5587.
`
`The examiner can normally be reached on Monday thru Thursday SAM—4PM (EST).
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Ahmad Matar can be reached on (571)272—7488. The fax phone number for the
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`organization Where this application or proceeding is assigned is 571—273—8300.
`
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`

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`Application/Control Number: 15/040,673
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`Page 13
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`Art Unit: 2652
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`/KHARYE POPE/
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`Examiner, Art Unit 2652
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`/MD S ELAHEE/
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`Primary Examiner, Art Unit 2653
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`