Application No. 15/788,722
`Reply to Office Action dated January 22, 2020
`and Advisory Action dated April 1, 2020
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`REMARKS
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`With this Amendment, claims l-3 and 11 are pending, of which claims 1 and 11
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`are independent in form. Claims 4-10 and 12 are canceled herein. Claims 1 and 11 are amended
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`herein. The amendments herein do not add new matter to the present application. In view of the
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`foregoing amendments and the following remarks, reconsideration and allowance of the present
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`application are respectfully requested.
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`Claim Rejections - 35 US. C. § 103
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`Claims l-l2 are rejected under 35 U.S.C. § 103 as being unpatentable over US
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`Patent Application Publication No. 2014/0099966 by Hori (hereinafter “H0ri”) in view of US
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`Patent No. 7,688,745 by Hurtta et al. (hereinafter “Hurtta”). Cancelation of claims 4-10 and 12
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`renders their rejection moot. For at least the following reasons, Applicant respectfully submits
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`claims l-3 and 11, as amended herein, are patentable over Horz' and Hurtta.
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`Prior to discussing why the claims are allowable, a brief description of exemplary
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`embodiments is set forth below. It should be noted that the following is provided merely to
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`assist the Off1ce’s understanding of the claimed subject matter and is not intended to limit the
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`scope of the claims.
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`The present application teaches an IP Multimedia Subsystem (HVIS) node 310
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`including a receiving unit 500, a transmitting unit 502, a storage unit 504, a determining unit
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`506, a policy referring unit 508, and a signaling generating unit 510. Appln., 1] [0053]. The
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`receiving unit 500 receives information indicating codecs and codec modes that terminals use for
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`communication in a packet switch (PS) network, information indicating codecs and codec modes
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`supported by a terminal that performs a handover to a circuit switched (CS) network, and
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`information indicating codecs and codec modes supported by the CS network. Appln., fl [0054].
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`The transmitting unit 502 transmits signaling, for example, a codec-mode change request for
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`requesting change of a codec mode. Appln., fl [0056]. The determining unit 506 performs
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`comparisons among a codec and a codec mode that a terminal that performs a handover uses for
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`communication in the PS network, codecs and codec modes supported by the terminal, and
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`codecs and codec modes supported by the CS network, when a handover of the terminal from the
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`

`

`Application No. 15/788,722
`Reply to Office Action dated January 22, 2020
`and Advisory Action dated April 1, 2020
`
`PS network to the CS network occurs. Appln., 1] [0058]. The determining unit 506 determines
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`whether the codec and the codec mode need to be changed based on the comparisons and a
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`policy referred to by the policy referring unit 508. Appln., 1] [0058]. When the determining unit
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`506 determines that the codec mode needs to be changed, the signaling generating unit 510
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`generates signaling including a codec-mode change request and outputs the generated signaling
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`to the transmitting unit 502. Appln., 1] [0058].
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`In addition, FIG. 6 of the present application shows an example in which a user
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`equipment (UE) 100 is initially present in a PS network, performs, via the MS node 310, session
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`setup with a UE 102 that is also present in the PS network, and determines a codec and a codec
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`mode to be used for voice communication by using an Session Description Protocol (SDP) offer
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`and an SDP answer, at ST601. Appln., 1] [0062]. At ST602, the MS node stores information of
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`the SDP offer and the SDP answer exchanged between the terminals. Appln., 1] [0063]. At
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`ST603, the UE 100 performs a voice call with the UE 102 over the PS network. Appln.,
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`1] [0065]. At ST604, when the UE 100 moves, an e-nodeB detects the movement and transmits a
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`handover (HO) required message to a mobility management entity (MME). Appln., 1] [0066]. At
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`ST605, the MME transmits a PS-to-CS request message to a mobile switching center (MSC) /
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`media gateway (MGW) 110. Appln., 1] [0066]. At ST606, the MSC/MGW 110 compares a list
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`of codecs supported by the UE 100 that is included in the PS-to-CS request message with the
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`codecs and codec modes supported by a CS network. Appln., 1] [0067]. At ST607, the
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`MSC/MGW 110 transmits information indicating matching codecs and codec modes to the IMS
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`node 310. Appln., 1] [0067]. At ST608, the IMS node 310 determines a codec and a codec mode
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`to be used in the CS network (i.e., a codec and a codec mode to be used by the UE 100) and a
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`codec and a codec mode to be used in the PS network (i.e., a codec and a codec mode to be used
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`by the UE 102). Appln., 1] [0069]. At ST609, the IMS node 310 then issues an instruction
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`indicating the determined codec and codec mode to the MSC/MGW 110. Appln., 1] [0070]. At
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`ST610, during transmission of an HO required message to the CS network side (a RNC/nodeB),
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`the MSC/MGW 110 issues a notification for selecting the codec and the codec mode indicated
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`by the instruction issued from the IMS node 310. Appln., 1] [0070]. At ST6l l, a data path in the
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`

`

`Application No. 15/788,722
`Reply to Office Action dated January 22, 2020
`and Advisory Action dated April 1, 2020
`
`CS network is prepared between the nodeB and the MSC/MGW 110, and when the preparation is
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`finished, a command for performing a handover to the CS network is issued from the MME to
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`the UE 100 via the e-nodeB. Appln., 1] [0072]. At ST6l2, initiation of an IP Multimedia
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`Subsystem (HVIS) session transfer is performed between the MSC/MGW 110 and the IMS node
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`310. Appln., fl [0072]. At ST6l3, after the handover to the CS network, the UE 100 exchanges
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`signaling with the MSC/MGW 110 via the RNC/nodeB. Appln., fl [0073]. At ST614, a
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`command for switching the communication path of call data of the UE 102 from the UE 100 to
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`the MSC/MGW 110 is issued. Appln., fl [0074]. At ST615, the IMS node 310 issues, to the UE
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`102 in the PS network, a mode change request for requesting changing to the determined codec
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`mode. Appln., fl [0075].
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`Turning to the language of the claims, independent claim 1, as amended herein,
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`recites as follows (with emphasis added):
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`A communication node comprising:
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`a determiner which, in operation, determines a codec and a codec mode to be
`used by both a first terminal and by a second terminal while the first
`terminal and the second terminal perform communication in a first
`network, before the first terminal performs a handover from the first
`network to a second network that is different from the first network, the
`determiner determining the codec and codec mode based on a common
`part among:
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`for
`used
`codec modes
`and
`codecs
`indicating
`information
`communication in the first network from which the handover is
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`performed,
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`information indicating codecs and codec modes supported by the first
`terminal, and
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`information indicating codecs and codec modes supported by the
`second network to which the handover is performed, and
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`a generator which, in operation, generates first signaling before the first
`terminal performs the handover from the first network to the second
`network, wherein the first signaling indicates the codec and codec
`mode determined by the determiner to be used by the first terminal,
`and generates second signaling after the first terminal performs the
`handover from the first network to the second network, wherein the
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`second signaling requests the second terminal to communicate using
`the codec and codec mode determined by the determiner.
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`

`

`Application No. 15/788,722
`Reply to Office Action dated January 22, 2020
`and Advisory Action dated April 1, 2020
`
`For at least the following reasons, Applicant respectfully Hori and Hurlla fail to
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`teach the communication node recited in claim 1, as amended herein.
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`As acknowledged in the Office Action, Horl' fails to teach a generator which, in
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`operation, generates signaling that requests the first and second terminals to communicate using
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`the codec and codec mode determined by the determiner. Office Action, p. 5. It follows
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`therefore that Horl' also fails to teach “a generator which, in operation, generates first signaling
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`before the first terminal performs the handover from the first network to the second network,
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`wherein the first signaling indicates the codec and codec mode determined by the determiner to
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`be used by the first terminal, and generates second signaling after the first terminal performs the
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`handover from the first network to the second network, wherein the second signaling requests the
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`second terminal to communicate using the codec and codec mode determined by the determiner”,
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`as recited in claim 1, as amended herein.
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`Hurlta teaches that a codec may be selected by a control network element after
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`having received information on all codecs supported by a call originating equipment and on all
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`codecs supported by a call terminating equipment. Hurlla, c. 5, 11. 46-67. Notably, Hurlla is
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`silent regarding a “handover”. Also notable, Hurtla fails to teach that the control network
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`element determines the codec information indicating codecs and codec modes used for
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`communication in a first network from which a handover is performed, and information
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`indicating codecs and codec modes supported by a second network to which the handover is
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`performed. Moreover, Hurlta fails to teach that the control network element generates first
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`signaling that indicates codec and codec mode to be used by a first terminal before the first
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`terminal performs a handover from the first network to the second network, and generates second
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`signaling that requests the second terminal to communicate using the codec and codec mode after
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`the first terminal performs the handover.
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`For at least the reasons stated above, Applicant respectfully submits Horl' and
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`Hurlla fail to teach a communication node that includes “a generator which, in operation,
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`generates first signaling before the first terminal performs the handover from the first network to
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`the second network, wherein the first signaling indicates the codec and codec mode determined
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`

`

`Application No. 15/788,722
`Reply to Office Action dated January 22, 2020
`and Advisory Action dated April 1, 2020
`
`by the determiner to be used by the first terminal, and generates second signaling after the first
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`terminal performs the handover from the first network to the second network, wherein the second
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`signaling requests the second terminal to communicate using the codec and codec mode
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`determined by the determiner”, in combination with the other elements recited in claim 1, as
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`amended herein. Accordingly, withdrawal of the rejection of claim 1 is respectfully requested.
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`Claims 2 and 3 depend from claim 1 and are believed to be allowable for the same
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`reasons as discussed above for claim 1, as well as for the specific limitations recited in those
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`claims. Accordingly, withdrawal of the rejection of claims 2 and 3 is respectfully requested.
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`While the language and scope of independent claim 11 are not identical to the
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`language and scope of claim 1, the allowability of claim 11 will be apparent in view of the above
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`discussion of claim 1 and the cited references. Accordingly, withdrawal of the rejection of claim
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`11 is respectfully requested.
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`The present application is now believed to be in condition for allowance.
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`Favorable consideration and a Notice of Allowance are earnestly solicited.
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`The Director is authorized to charge any additional fees due by way of this
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`Amendment, or credit any overpayment, to our Deposit Account No. 19-1090.
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`If the Examiner notes any informalities in the claims, the Examiner is encouraged
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`to contact the undersigned by telephone to expediently correct such informalities.
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`Respectfully submitted,
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`SEED Intellectual Property Law Group LLP
`
`/John Wakeley/
`John Wakeley
`Registration No. 60,418
`
`JJW :khl
`
`701 Fifth Avenue, Suite 5400
`Seattle, Washington 98104-7092
`Phone:
`(206) 622-4900
`FaX: (206) 682-6031
`
`732831471
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`