throbber
UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`15/788,722
`
`10/19/2017
`
`TAKAKO HORI
`
`731456.450C1
`
`7123
`
`Seed IP Law Group LLP/Panason1e (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`LEE” ANDREW CHUNG CHEUNG
`
`ART UNIT
`
`2411
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`01/22/2020
`
`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):
`US PTOeACtion @ SeedIP .Com
`
`pairlinkdktg @ seedip .eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`017/09 A0170” Summary
`
`Application No.
`15/788,722
`Examiner
`ANDREWC LEE
`
`Applicant(s)
`HORI et al.
`Art Unit
`2411
`
`AIA (FITF) Status
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 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 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1). Responsive to communication(s) filed on 10/09/2019.
`CI A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a). This action is FINAL.
`
`2b) D This action is non-final.
`
`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`
`4):] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expade Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)
`
`Claim(s) fl is/are pending in the application.
`
`5a) Of the above Claim(s)
`
`is/are withdrawn from consideration.
`
`
`
`[:1 Claim(ss)
`
`is/are allowed.
`
`8)
`Claim(s 112Is/are rejected
`
`D Claim(ss_) is/are objected to.
`
`) ) ) )
`
`S)
`are subject to restriction and/or election requirement
`[:1 Claim(s
`* If any claims have been determined aflowable. you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`
`10)|:l The specification is objected to by the Examiner.
`
`is/are: a)[] accepted or b)l:] objected to by the Examiner.
`11)[:] The drawing(s) filed on
`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)D 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)|:] Some**
`
`c)l:i None of the:
`
`1C] Certified copies of the priority documents have been received.
`
`2C] Certified copies of the priority documents have been received in Application No.
`
`3D Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`2) C] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) E] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20200108
`
`

`

`Application/Control Number: 15/788,722
`Art Unit: 2411
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`Response to Amendment
`
`Claims 1, 2, 3, 4, 6, 7, 11, 12 have been amended.
`
`Claims 1 — 12 are pending.
`
`1.
`
`2.
`
`Claim Rejections - 35 USC § 103
`
`3.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`A patent for a claimed invention may not be obtained, notwithstanding that the claimed
`invention is not identically disclosed as set forth in section 102, if the differences between the
`claimed invention and the prior art are such that the claimed invention as a whole would have
`been obvious before the effective filing date of the claimed invention to a person having
`ordinary skill in the art to which the claimed invention pertains. Patentability shall not be
`negated by the manner in which the invention was made.
`
`4.
`
`Claims 1- 12 are rejected under 35 U.S.C. 103 as being unpatentable over Hori
`
`et al. (US 20140099966 A1) in view of Hurtta et al. (US 7688745 B1).
`
`Regarding Claim 1, Hori et al. disclose a communication node (Abstract, Fig.
`
`3, Fig. 5, Fig. 10, Fig. 13, Fig. 18) comprising: a determiner which, in operation,
`
`determines a codec and a codec mode to be used by a first network, when the first
`
`terminal performs a handover from the first network to a second network that is different
`
`from the first network (“,...UE 100 and UE 102 are initially connected to the PS
`
`

`

`Application/Control Number: 15/788,722
`Art Unit: 2411
`
`Page 3
`
`network (e-UTRAN), respectively. In a system in which the eSRVCC handover is
`
`realized,...”, “,....As a voice codec used in the CS network, an adaptive multi-rate
`
`(AMR) codec that is a narrowband (NB) codec, an AMR-WB codec that is a
`
`wideband (WB) codec, or the like is widely used. AMR and AMR-WB is usable in a
`
`packet exchanging technique, and thus, may also be considered to be used in the
`
`PS network,....”, Fig. 3, Fig. 4, paras. [0014] — [0023]; “,...codec detection section
`
`604 detects the codecs that are used by UE 100 and UE 102, respectively. Further,
`
`codec detection section 604 outputs information (detection result) that indicates
`
`the detected codecs to change determination section 608,...”, Fig. 5, Fig. 6, paras.
`
`[0069] — [0074]), the determiner determining the codec and codec mode based on a
`
`common part among (Fig. 7, Fig. 8, paras. [0076] — [0083]; Fig. 9, Fig. 10):
`
`information indicating codecs and codec modes used for communication in the first
`
`network from which the handover is performed (“,...When UE 100 and UE 102 use
`
`different codecs respectively, transcoding section 612 performs transcoding for
`
`communication data to UE 102 from UE 100 and communication data to UE 100
`
`from UE,....”, Fig. 7, paras. [0077] — [0083]; “,...Codec negotiation section 704
`
`negotiates the codec to be used in communication between terminals (here, UE
`
`100 and UE 102). ,...”, Fig. 8, paras. [0086] — [0089]; “,...the calling party UE
`
`designates only a sampling frequency with respect to the codec A, and generates
`
`the SDP offer without bandwidth designation,...”, Fig. 9, paras. [0090] — [0091]),
`
`and
`
`information indicating codecs and codec modes supported by the first network to
`
`which the handover is performed (“,...When UE 100 and UE 102 use different codecs
`
`respectively, transcoding section 612 performs transcoding for communication
`
`

`

`Application/Control Number: 15/788,722
`Art Unit: 2411
`
`Page 4
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`data to UE 102 from UE 100 and communication data to UE 100 from UE,....”, Fig.
`
`7, paras. [0077] — [0083] ; “,...Codec negotiation section 704 negotiates the codec
`
`to be used in communication between terminals (here, UE 100 and UE 102). ,...”,
`
`Fig. 8, paras. [0086] — [0089]; “,...the calling party UE designates only a sampling
`
`frequency with respect to the codec A, and generates the SDP offer without
`
`bandwidth designation,...”, Fig. 9, paras. [0090] — [0091]), and information indicating
`
`codecs and codec modes supported by the second network to which the handover is
`
`performed (“,...When UE 100 and UE 102 use different codecs respectively,
`
`transcoding section 612 performs transcoding for communication data to UE 102
`
`from UE 100 and communication data to UE 100 from UE,....”, Fig. 7, paras. [0077]
`
`— [0083] ; “,...Codec negotiation section 704 negotiates the codec to be used in
`
`communication between terminals (here, UE 100 and UE 102). ,...”, Fig. 8, paras.
`
`[0086] — [0089] ; “,...in a case where a receiving party UE itself supports codec A,
`
`the receiving party UE receives a condition in which only the sampling frequency
`
`of codec A is designated (selects codec A shown in FIG. 9), and generates the
`
`SDP answer without bandwidth designation,...”, Fig. 9, paras. [0090] — [0091]); and
`
`Hori et al. disclose implicitly a generator which, in operation, generates
`
`signaling that requests the first and second terminals to communicate using the codec
`
`and codec mode determined by the determiner (“,...if codec mode change section
`
`712 determines the encoding bit rate, codec mode change section 712 notifies
`
`bandwidth determination section 708 of the determined encoding bit rate. Then,
`
`bandwidth determination section 708 determines the bandwidth according to the
`
`determined encoding bit rate,...”, paras. [0093] — [0096]; “,...UE 100 uses the
`
`

`

`Application/Control Number: 15/788,722
`Art Unit: 2411
`
`Page 5
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`bandwidth (NB) of the changed codec, and UE 102 uses the bandwidth (NB) in
`
`which the band of codec A is limited. Thus, both of UE 100 and UE 102 use the
`
`same NB as the codec bandwidth,...”, Fig. 10, paras. [0105] — [0108]).
`
`Hori et al. do not disclose explicitly a generator which, in operation, generates
`
`signaling that requests the first and second terminals to communicate using the codec
`
`and codec mode determined by the determiner.
`
`Hurtta et al. in the same and/or in the similar field of endeavor teach a generator
`
`which, in operation, generates signaling that requests the first and second terminals to
`
`communicate using the codec and codec mode determined by the determiner.
`
`(“,...performs a mode selection procedure for selecting the same mode for
`
`bidirectional communication between the network elements. The modes
`
`preferably are different codec types, channel-coding schemes,...”, Abstract,
`
`“,...After having received both the messages, the control means knows both
`
`codec sets supported by the call originating equipment as well as by the call
`
`terminating equipment,....”, Fig. 1, Fig. 2, Fig. 3, Fig. 4, Col. 5, lines 46 — 67, Col.
`
`6, lines 1 — 51). At time the invention was made it would have been obvious to a person
`
`of ordinary skill in the art to modify the teachings of Hori et al. to include the features of
`
`a generator which, in operation, generates signaling that requests the first and second
`
`terminals to communicate using the codec and codec mode determined by the
`
`determiner as taught by Hurtta et al. One of ordinary skill in the art would be motivated
`
`to do so for providing communication system for performing a mode selection by
`
`selecting or negotiating the mode to be used, a method to be performed in such a
`
`

`

`Application/Control Number: 15/788,722
`Art Unit: 2411
`
`Page 6
`
`communication system, and to a network element capable of mode selection (as
`
`suggested by Hurtta et al., see Col. 1, lines 8 — 12).
`
`Regarding Claim 2, the combined system of Hori et al. and Hurtta et al.
`
`discloses wherein, when the common part does not exist, the codec used for the
`
`communication in the first network has a compatible mode with another codec, and the
`
`codecs supported by the one terminal and the codecs supported by the second network
`
`include the other codec, the determiner sets the other codec or the compatible mode
`
`with the other codec for the codec and codec mode to be used by the two terminals
`
`(Hori et al. : “,...where a calling party UE supports the codec in which bandwidth
`
`designation is not always necessary (hereinafter, referred to as codec A), the
`
`calling party UE designates only a sampling frequency with respect to the codec
`
`A, and generates the SDP offer without bandwidth designation,...”, Fig. 9, paras.
`
`[0090] — [0095]; Hurtta et al. : “,...When the user equipment 3 should not
`
`support the selected codec indicated in the Invite message received from CSCF 2,
`
`it preferably sends a message to CSCF 2 informing the latter on lack of support of
`
`the selected codec. Thereupon, the CSCF 2 repeats the codec selection
`
`procedure 4 but now selects another codec different from the first selected
`
`codec,...”, Col. 7, lines 25 — 58).
`
`Regarding Claim 3, the combined system of Hori et al. and Hurtta et al.
`
`discloses wherein, when a policy of a service operator exists, the determiner sets the
`
`codec and codec mode to be used by the two terminals, in accordance with the policy,
`
`and when the policy does not exist, the determiner sets the common part for the codec
`
`

`

`Application/Control Number: 15/788,722
`Art Unit: 2411
`
`Page 7
`
`and codec mode to be used by the two terminals ( Hori et al. : “,....if codecs used by
`
`UEs in communication are different from each other, transcoding is performed in
`
`MGW (MSC/MGW 300). On the other hand, according to NPL 3, in the eSRVCC
`
`method, ATGW instead of MGW may perform transcoding,....”, paras. [0114] —
`
`[0117]; Hurtta et al
`
`: “,... The selection procedure performed in the control
`
`means such as CSCF may be based for example on the operator preferences. As
`
`an example, when the operator prefers to use AMR, the selection procedure
`
`selects AMR from a set including FR, HR and AMR,...”, Col. 5, lines 11 — 37).
`
`Regarding Claim 4, Hori et al. disclose a terminal (Abstract, Fig. 3, Fig. 5, Fig.
`
`10, Fig. 13, Fig. 18) comprising: a connection-target detect which, in operation, detects
`
`a connection-target network when the terminal performs a handover from a first network
`
`to the connection-target network (“,...UE 100 and UE 102 are initially connected to
`
`the PS network (e-UTRAN), respectively. In a system in which the eSRVCC
`
`handover is realized,...”, “,....As a voice codec used in the CS network, an
`
`adaptive multi-rate (AMR) codec that is a narrowband (NB) codec, an AMR-WB
`
`codec that is a wideband (WB) codec, or the like is widely used. AMR and AMR-
`
`WB is usable in a packet exchanging technique, and thus, may also be
`
`considered to be used in the PS network,....”, Fig. 3, Fig. 4, paras. [0014] — [0023];
`
`“,...codec detection section 604 detects the codecs that are used by UE 100 and
`
`UE 102, respectively. Further, codec detection section 604 outputs information
`
`(detection result) that indicates the detected codecs to change determination
`
`section 608,...”, Fig. 5, Fig. 6, paras. [0069] — [0074]); a COdec detector which, in
`
`

`

`Application/Control Number: 15/788,722
`Art Unit: 2411
`
`Page 8
`
`operation, detects a codec used in the connection-target network (“,...When UE 100
`
`and UE 102 use different codecs respectively, transcoding section 612 performs
`
`transcoding for communication data to UE 102 from UE 100 and communication
`
`data to UE 100 from UE,....”, Fig. 7, paras. [0077] — [0083]; “,...Codec negotiation
`
`section 704 negotiates the codec to be used in communication between terminals
`
`(here, UE 100 and UE 102). ,...”, Fig. 8, paras. [0086] — [0089]; “,...the calling party
`
`UE designates only a sampling frequency with respect to the codec A, and
`
`generates the SDP offer without bandwidth designation,...”, Fig. 9, paras. [0090] —
`
`[0091]); a determiner which, in operation, determines whether an encoding system for
`
`a codec to be used by the first and second terminals needs to be limited, based on the
`
`detected connection-target network and the detected codec (“,...When UE 100 and UE
`
`102 use different codecs respectively, transcoding section 612 performs
`
`transcoding for communication data to UE 102 from UE 100 and communication
`
`data to UE 100 from UE,....”, Fig. 7, paras. [0077] — [0083]; “,...Codec negotiation
`
`section 704 negotiates the codec to be used in communication between terminals
`
`(here, UE 100 and UE 102). ,...”, Fig. 8, paras. [0086] — [0089]; “,...in a case where
`
`a receiving party UE itself supports codec A, the receiving party UE receives a
`
`condition in which only the sampling frequency of codec A is designated (selects
`
`codec A shown in FIG. 9), and generates the SDP answer without bandwidth
`
`designation,...”, Fig. 9, paras. [0090] — [0091]); and Hori et al. disclose implicitly a
`
`command transmitter which, in operation, transmits, to an encoder, an internal
`
`command for limiting the encoding system after the handover is completed, when the
`
`determiner determines that the encoding system needs to be limited (“,...if codec
`
`

`

`Application/Control Number: 15/788,722
`Art Unit: 2411
`
`Page 9
`
`mode change section 712 determines the encoding bit rate, codec mode change
`
`section 712 notifies bandwidth determination section 708 of the determined
`
`encoding bit rate. Then, bandwidth determination section 708 determines the
`
`bandwidth according to the determined encoding bit rate,...”, paras. [0093] —
`
`[0096]; “,...UE 100 uses the bandwidth (NB) of the changed codec, and UE 102
`
`uses the bandwidth (NB) in which the band of codec A is limited. Thus, both of
`
`UE 100 and UE 102 use the same NB as the codec bandwidth,...”, Fig. 10, paras.
`
`[0105] — [0108]).
`
`Hori et al. do not disclose explicitly a command transmitter which, in operation,
`
`transmits, to an encoder, an internal command for limiting the encoding system after the
`
`handover is completed, when the determiner determines that the encoding system
`
`needs to be limited.
`
`Hurtta et al. in the same and/or in the similar field of endeavor teach a command
`
`transmitter which, in operation, transmits, to an encoder, an internal command for
`
`limiting the encoding system after the handover is completed, when the determiner
`
`determines that the encoding system needs to be limited (“,...performs a mode
`
`selection procedure for selecting the same mode for bidirectional communication
`
`between the network elements. The modes preferably are different codec types,
`
`channel-coding schemes,...”, Abstract, “,...After having received both the
`
`messages, the control means knows both codec sets supported by the call
`
`originating equipment as well as by the call terminating equipment,....”, Fig. 1,
`
`Fig. 2, Fig. 3, Fig. 4, Col. 5, lines 46 — 67, Col. 6, lines 1 — 51). At time the invention
`
`was made it would have been obvious to a person of ordinary skill in the art to modify
`
`

`

`Application/Control Number: 15/788,722
`Art Unit: 2411
`
`Page 10
`
`the teachings of Hori et al. to include the features of a command transmitter which, in
`
`operation, transmits, to an encoder, an internal command for limiting the encoding
`
`system after the handover is completed, when the determiner determines that the
`
`encoding system needs to be limited as taught by Hurtta et al. One of ordinary skill in
`
`the art would be motivated to do so for providing communication system for performing
`
`a mode selection by selecting or negotiating the mode to be used, a method to be
`
`performed in such a communication system, and to a network element capable of mode
`
`selection (as suggested by Hurtta et al., see Col. 1, lines 8 — 12).
`
`Regarding Claim 5, the combined system of Hori et al. and Hurtta et al.
`
`discloses wherein the first network is a packet exchange network, and the connection-
`
`target network is a circuit switching network, and when the detected codec is a codec
`
`utilizing an encoding system that is not robust against bit errors, the determiner
`
`determines that the encoding system needs to be limited (Hori et al. : when UE 100
`
`starts a call, UE 100 is connected to the PS network. However, UE 100 may be
`
`connected to the CS network when UE 100 starts the call,....”, “,...UE 100 starts
`
`the call with UE 102 connected to the PS network,...”, paras. [0114] — [0119];
`
`Hurtta et al. : “,...When the user equipment 3 should not support the selected
`
`codec indicated in the Invite message received from CSCF 2, it preferably sends a
`
`message to CSCF 2 informing the latter on lack of support of the selected codec.
`
`Thereupon, the CSCF 2 repeats the codec selection procedure 4 but now selects
`
`another codec different from the first selected codec,...”, Col. 7, lines 25 — 58,
`
`

`

`Application/Control Number: 15/788,722
`Art Unit: 2411
`
`Page 11
`
`Regarding Claim 6, the combined system of Hori et al. and Hurtta et al.
`
`discloses the terminal further comprising: a generator which, in operation, generates,
`
`when the determiner determines that the encoding system needs to be limited, signaling
`
`that reports, to a communication partner terminal, that the handover to the connection-
`
`target network has been performed, a transmitter which, in operation, transmits the
`
`signaling to the communication partner terminal (Hori et al. :
`
`“,....where a calling
`
`party UE supports the codec in which bandwidth designation is not always
`
`necessary (hereinafter, referred to as codec A), the calling party UE designates
`
`only a sampling frequency with respect to the codec A, and generates the SDP
`
`offer without bandwidth designation,....”, Fig. 9, paras. [0090] — [0095];
`
`“,....signaling for requesting limiting the bandwidth of the input signal to be
`
`encoded of codec A to NB,...”, Fig. 10, paras. [0105] — [0109]).
`
`Regarding Claim 7, the combined system of Hori et al. and Hurtta et al.
`
`discloses wherein, the determiner determines that the encoding system needs to be
`
`limited, a communication node that exists on a data path of the two terminals generates,
`
`the signaling that repots the handover to the connection-target network has been
`
`performed and transmits the generated signaling to the communication partner terminal
`
`of the terminal (Hori et al.
`
`: “,....where a calling party UE supports the codec in
`
`which bandwidth designation is not always necessary (hereinafter, referred to as
`
`codec A), the calling party UE designates only a sampling frequency with respect
`
`to the codec A, and generates the SDP offer without bandwidth designation,....”,
`
`Fig. 9, paras. [0090] — [0095]; “,....signaling for requesting limiting the bandwidth
`
`

`

`Application/Control Number: 15/788,722
`Art Unit: 2411
`
`Page 12
`
`of the input signal to be encoded of codec A to NB,...”, Fig. 10, paras. [0105] —
`
`[0109]).
`
`Regarding Claim 8, the combined system of Hori et al. and Hurtta et al.
`
`discloses wherein upon receiving the signaling, the communication partner terminal
`
`transmits an internal command for limiting the encoding system to an encoder in the
`
`communication partner terminal (Hori et al. : “,...Bandwidth determination section
`
`708 determines the bandwidth of the input signal encoded in the host terminal
`
`with respect to the codec selected by codec selection section 706,...”, “,...The
`
`signaling includes signaling for requesting the limitation of the bandwidth
`
`(signaling for limiting the bandwidth) from MSC/MGW 300,...”, Fig. 9, paras. [0093]
`
`— [0096]).
`
`Regarding Claim 9, the combined system of Hori et al. and Hurtta et al.
`
`discloses wherein the signaling is included in a real-time transport protocol (RTP)
`
`payload header ( Hori et al : real-time protocol (RTP), paras. [0023], [0025], 0213] —
`
`[0215]).
`
`Regarding Claim 10, the combined system of Hori et al. and Hurtta et al.
`
`discloses wherein the signaling is included in a real-time transport protocol control
`
`protocol (RTCP) ( Hori et al : real time control protocol (RTCP)-application-defined
`
`(APP, paras. [0096], [0106]).
`
`

`

`Application/Control Number: 15/788,722
`Art Unit: 2411
`
`Page 13
`
`Regarding Claim 11, Hori et al. disclose a communication control method
`
`(Abstract, “,...A bandwidth change determination method,..”, paras. [0001],
`
`[0041], [0042]) comprising:
`
`determining a codec and a codec mode to be used by a first terminal and a
`
`second terminal that perform communication in a first network, when the first terminal
`
`performs a handover from the first network to a second network that, is different from
`
`the first network, the determining being based on a common part among:
`
`information indicating codecs and codec modes used for communication in the
`
`first network from which the handover is performed,
`
`information indicating codecs and codec modes supported by the first terminal,
`
`and
`
`information indicating codecs and codec modes supported by the second
`
`network to which the handover is performed;
`
`generating signaling that, requests the first and second terminals to
`
`communicate using the codec and codec mode determined by the determining.
`
`The claim subject matters in main body of the Claim 11 are the same and/or
`
`are similar to the limitations as disclosed in Claim 1, same rationale addressed in
`
`Claim 1 for rejection adapts for the rejection of Claim 11.
`
`Regarding Claim 12, Hori et al. disclose a communication control method
`
`(Abstract, “,...A bandwidth change determination method,..”, paras. [0001],
`
`[0041], [0042]) comprising:
`
`

`

`Application/Control Number: 15/788,722
`Art Unit: 2411
`
`Page 14
`
`detecting a connection-target network when a terminal performs a handover from
`
`a first network to the connection-target network;
`
`detecting a codec used in the connection-target network;
`
`determining whether an encoding system for the codec to be used by the
`
`terminal needs to be limited, based on the detected connection-target network and the
`
`detected codec; and
`
`transmitting, to an encoder, an internal command for limiting the encoding
`
`system after the handover is completed, when a result of the determining is that the
`
`encoding system needs to be limited.
`
`The claim subject matters in main body of the Claim 12 are the same and/or
`
`are similar to the limitations as disclosed in Claim 4, same rationale addressed in
`
`Claim 1 and/or in Claim 4 for rejection adapts for the rejection of Claim 12.
`
`Response to Arguments
`
`5.
`
`Applicant’s arguments filed on 10/09/2019 with respect to Claims 1 — 12 have
`
`been considered but are moot because the arguments do not apply to any of the
`
`references being used in the current rejection.
`
`Conclusion
`
`6.
`
`Applicant's amendment necessitated the new ground(s) of rejection presented in
`
`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
`
`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
`
`CFR1.136(a).
`
`

`

`Application/Control Number: 15/788,722
`Art Unit: 2411
`
`Page 15
`
`A shortened statutory period for reply to this final action is set to expire THREE
`
`MONTHS from the mailing date of this action.
`
`In the event a first reply is filed within
`
`TWO MONTHS of the mailing date of this final action and the advisory action is not
`
`mailed until after the end of the THREE-MONTH shortened statutory period, then the
`
`shortened statutory period will expire on the date the advisory action is mailed, and any
`
`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
`
`the advisory action.
`
`In no event, however, will the statutory period for reply expire later
`
`than SIX MONTHS from the date of this final action.
`
`7.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to ANDREW CHUNG CHEUNG LEE whose telephone
`
`number is (571)272-3131. The examiner can normally be reached on 8:30am--6:00pm.
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
`
`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, ANDREW LAI can be reached on 571-272-9741. The fax phone number for
`
`the organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see https://ppair-
`
`

`

`Application/Control Number: 15/788,722
`Art Unit: 2411
`
`Page 16
`
`my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private
`
`PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
`
`If you would like assistance from a USPTO Customer Service Representative or access
`
`to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571 -
`
`272-1000.
`
` /ANDREW C LEE/
`
`Examiner, Art Unit 2411
`<2Q20::01_15_20>
`
`/ANDREW LAl/
`
`Supervisory Patent Examiner, Art Unit 2411
`
`

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