Petition For Inter Partes Review

UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________
Unified Patents Inc.,
Petitioner
v.
CRFD Research, Inc.
Patent Owner

IPR2015-____
Patent 7,191,233
____________
PETITION FOR INTER PARTES REVIEW

Mail Stop PATENT BOARD, PTAB
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450

ii
TABLE OF CONTENTS

I. Introduction ...................................................................................................... 1
II. MANDATORY NOTICES ............................................................................. 2
A. Real Party-in-Interest ............................................................................ 2
B. Related Matters ...................................................................................... 4
C. Identification of Lead and Back-Up Counsel........................................ 5
D. Service Information ............................................................................... 5
III. PAYMENT OF FEES ..................................................................................... 6
IV. REQUIREMENTS FOR INTER PARTES REVIEW ...................................... 6
A. Grounds for Standing ............................................................................ 6
B. Statement of Precise Relief Requested (37 C.F.R. 42.22(a))
and Identification of Challenges (37 C.F.R. 42.104(b)) .................... 6
C. How the Construed Claims are Unpatentable under the
Statutory Grounds identified in 37 C.F.R. 42.104(b)(2) and
Supporting Evidence Relied upon to Support the Challenge ................ 7
D. Threshold Showing of Reasonable Likelihood That Petitioner
Would Prevail With Respect To At Least One Challenged
Claim (35 U.S.C. 314(a)) Has Been Met ........................................... 8
V. FACTUAL BACKGROUND .......................................................................... 8
A. Declaration Evidence ............................................................................ 8
B. The State of the Art as of 2001 ............................................................. 9
C. The Challenged 233 Patent ................................................................ 11
D. Prosecution History ............................................................................. 11
VI. Claim Construction (37 C.F.R. 42.104(b)(3)) ............................................ 12
A. Support for claim construction ............................................................ 13
iii
VII. The Grounds Showing That Petitioner Has a Reasonable Likelihood
of Prevailing ................................................................................................... 17
A. The Prior Art Discloses Each Claimed Feature And One Of
Ordinary Skill Would Be Led To Form This Combination ................ 17
1. The Combination of Gawrys and Hanlon ........................................... 17
2. The Combination of Gawrys, Hanlon, Chau, and Nguyen ................. 22
B. Analysis Demonstrating How The Proposed Combination
Renders Obvious Claims 1-6, 8-11, 13-15, 23-25, 29-31, and 34
Of The 233 Patent .............................................................................. 32
1. Claims 1-3, 13, 14, 23, and 24 are Obvious in View of Gawrys
and Hanlon .......................................................................................... 32
[1a] 1. A method for redirecting an on-going, software based
session comprising: ........................................................................ 32
[1b] conducting a session with a first device; ..................................... 34
[1c] specifying a second device; ......................................................... 36
[1d] discontinuing said session on said first device; and .................... 38
[1e] transmitting a session history of said first device from said
first device to a session transfer module after said session is
discontinued on said first device; and ............................................ 39
[1f] resuming said session on said second device with said
session history. ............................................................................... 45
[2a] 2. The method according to claim 1, further comprising: ........... 46
[2b] pushing said session to said second device in response to
said discontinuing; and ................................................................... 46
[2c] resuming said session in response to an activation of said
second device. ................................................................................ 47
iv
[3b] pushing a notification to said second device in response to
said discontinuing. .......................................................................... 47
[13a] 13. A system for transferring a session, comprising: ................ 48
[13b] a network; .................................................................................. 48
[13c] a session transfer module; .......................................................... 48
[13d] a first device to transmit a session history of said first
device to said session transfer module after said session is
discontinued on said first device; ................................................... 48
[13e] a second device to receive said session history; and ................. 48
[13f] a session server providing a session service between said
first device and said session server over said network, ................. 48
[13g] wherein said session server is configured to transfer a
session from said first device to said second device in
response to a redirect command from said first device. ................ 49
[14a] 14. The system for transferring a session according to
claim 13, Wherein: ......................................................................... 49
[14b] said session server is configured to push said session to
said second device in response to an activation of said
second device. ................................................................................ 49
Claim 23 .............................................................................................. 49
Claim 24 .............................................................................................. 49
2. Claims 4-6, 8-11, 15, 25, 29-31, and 34 are Obvious in View of
Gawrys, Hanlon, Chau, and Nguyen ................................................... 49
[4b] accessing a device profile of said second device; and ................. 52
[4c] restructuring said session data to conform with said device
profile of said second device. ......................................................... 54
[5a] 5. The method according to claim 4, wherein: ............................ 55
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[5b] said restructured session data conforms to a data format of
said second device. ......................................................................... 56
[6a] 6. The method according to claim 4, wherein: ............................ 56
[6b] said restructured session data conforms to a modality of
[8b] reformatting said session history of said session to conform
with said device profile of said second device; and ....................... 56
[8c] transmitting reformatted session history of said session in
response to said activation of said second device. ......................... 56
[9b] accessing said session history of said session; ............................ 56
[9c] reformatting said session history of said session to conform
to said device profile of said second device; and ........................... 57
[9d] transmitting reformatted session history of said session in
response to said activation of said second device. ......................... 57
[10a] 10. The method according to claim 9, wherein: ........................ 57
[10b] said formatted session history conforms to a data format
of said second device. .................................................................... 57
[11a] 11. The method according to claim 9, wherein: ........................ 57
[11b] said formatted session history conforms to a modality of
[15a] 15. The system for transferring a session according to
claim 13, further comprising: ......................................................... 57
[15b] a device database configured to store a profile for each
device registered to a user, wherein said session server is
configured to access a second device profile from said
device database and to restructure said session to conform
with said second device profile. ..................................................... 57
vi
[25a] 25. The computer readable storage medium according to
claim 23, said one or more computer programs further
comprising a set of instructions for: ............................................... 58
[25b] accessing a device profile of said second device; and ............... 58
[25c] restructuring said session to conform with said device
profile of said second device. ......................................................... 58
claim 25, said one or more computer programs further
comprising a set of instructions for: ............................................... 58
[29b] reformatting said session history of said session to
conform to said device profile of said second device; and ............ 58
[29c] transmitting reformatted session history of said session in
response to an activation of said second device. ............................ 58
claim 29, Wherein: ......................................................................... 58
[30b] said reformatted session history conforms to a data format
claim 29, wherein: .......................................................................... 58
[31b] said reformatted session history conforms to a modality
[34a] 34. A system for transferring a session, comprising: ................ 59
[34b] a plurality of networks; .............................................................. 59
[34c] a session transfer module; .......................................................... 59
[34d] a first device to transmit a session history of said first
device to said session transfer module after said session is
discontinued on said first device; ................................................... 60
[34e] a second device to receive said session history; and ................. 60
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[34f] a session server providing a session service between said
first device and said session server over said plurality of
networks, wherein said session server is configured to
transfer a session from said first device to said second
device in response to a redirect command from said first
device. ............................................................................................ 60
VIII. Conclusion ..................................................................................................... 60

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I. INTRODUCTION
Pursuant to the provisions of 35 U.S.C. 311-319, Unified Patents Inc.,
(Unified or Petitioner) hereby petitions the Patent Trial and Appeal Board to
institute inter partes review of claims 1-6, 8-11, 13-15, 23-25, 29-31, and 34 of US
Patent No. 7,191,233 to Miller (the 233 Patent, Ex. 1001).
In short, the 233 Patent describes transferring an on-going session from one
device to another device while maintaining that session. While a first device is
communicating with a server, the user may select a second device to receive the
session. The session with the first device may be discontinued and any subsequent
messages on the transferring session may be blocked from reaching the first
device. The server may then transfer the session to a second device to continue the
session. Ex. 1001, Abstract.
The prior art relied upon hereinwhich was not before the Examiner
demonstrates that such features were well known before Sep. 17, 2000, one year
before the 233 Patents earliest priority date. Four patents related to
communications technology (e.g., ISDN) disclose and render obvious each of the
challenged claims. None of the 233 Patents claims recite anything more than
subject matter that was both well-known and obvious to one of ordinary skill in the
art at the time of the invention.
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II. MANDATORY NOTICES
Pursuant to 37 C.F.R. 42.8(a)(1), Unified Patents provides the following
mandatory disclosures.
A. Real Party-in-Interest
Pursuant to 37 C.F.R. 42.8(b)(1), Petitioner certifies that Unified Patents is
the real party-in-interest, and further certifies that no other party exercised control
or could exercise control over Unified Patents participation in this proceeding, the
filing of this petition, or the conduct of any ensuing trial.
Unified Patents was founded by intellectual property professionals over
concerns with the increasing risk of non-practicing entities (NPEs) asserting poor
quality patents against strategic technologies and industries. The founders thus
created a first-of-its-kind company whose sole purpose is to deter NPE litigation
by protecting technology sectors, like content delivery, the technology against
which the 233 Patent is being asserted. Companies in a technology sector
subscribe to Unifieds technology specific deterrence, and in turn, Unified
performs many NPE-deterrent activities, such as analyzing the technology sector,
monitoring patent activity (including patent ownership and sales, NPE demand
letters and litigation, and industry companies), conducting prior art research and
invalidity analysis, providing a range of NPE advisory services to its subscribers,
sometimes acquiring patents, and sometimes challenging patents at the United
3

States Patent and Trademark Office (USPTO). Since its founding, Unified is
100% owned by its employees; subscribers have absolutely no ownership interest.
Unified has sole and absolute discretion over its decision to contest patents
through the USPTOs post-grant proceedings. Should Unified decide to challenge
a patent in a post-grant proceeding, it controls every aspect of such a challenge,
including controlling which patent and claims to challenge, which prior art to apply
and the grounds raised in the challenge, and when to bring any challenge.
Subscribers receive no prior notice of Unifieds patent challenges. After filing a
post-grant proceeding, Unified retains sole and absolute discretion and control over
all strategy decisions (including any decision to continue or terminate Unifieds
participation). Unified is also solely responsible for paying for the preparation,
filing, and prosecution of any post-grant proceeding, including any expenses
associated with the proceeding.
In the instant proceeding, Unified exercised its sole discretion and control in
deciding to file this petition against the 233 patent, including paying for all fees
and expenses. Unified shall exercise sole and absolute control and discretion of
the continued prosecution of this proceeding (including any decision to terminate
Unifieds participation) and shall bear all subsequent costs related to this
proceeding. Unified is therefore the sole real-party-in-interest in this proceeding.

4

B. Related Matters
The 233 Patent has been asserted in many litigations, none of which involve
Unified Patents. Below, CRFD Research, Inc. is referred to as CRFD and cases
with a * have terminated.
1. CRFD v. Netflix, Inc. 1-14-cv-00314, DED (Mar. 7, 2014)
2. CRFD v. Hulu, LLC 1-14-cv-00313, DED (Mar. 7, 2014)
3. CRFD v. Spotify USA, Inc. et al 1-14-cv-00315, DED (Mar. 7, 2014)
4. CRFD v. Amazon.com, Inc. et al 1-14-cv-00312, DED (Mar. 7, 2014)*
5. CRFD v. Verizon Comm., Inc. et al 1-14-cv-00316, DED (Mar. 7, 2014)*
6. CRFD v. Comcast Corporation et al 1-14-cv-00061, DED (Jan. 17, 2014)*
7. CRFD v. DirecTV et al 1-14-cv-00063, DED (Jan. 17, 2014)*
8. CRFD v. Dish Network Corp. et al 1-14-cv-00064, DED (Jan. 17, 2014)
9. CRFD v. AT&T Inc. et al 1-14-cv-00059, DED (Jan. 17, 2014)*
10. CRFD v. Time Warner Cable Inc. et al 1-14-cv-00067, DED (Jan. 17,
2014)*
11. CRFD v. Cox Communications Inc. 1-14-cv-00062, DED (Jan. 17, 2014)*
12. CRFD v. Cablevision Systems Corp. et al 1-14-cv-00060, DED (Jan. 17,
2014)*
IPR2015-00055: The 233 Patent is also the subject of an IPR, IPR2015-00055,
filed on Oct. 10, 2014 by Iron Dome LLC. That IPR challenges claims 1-6, 8-11,
5

13-15, 17-18, 20 and 34 based on prior art related to the iMash mobile platform as
implemented for use by physicians and staff in a hospital. See Petition, IPR2015-
00055, paper 1, at 7-8. The instant petition, however, challenges claims 1-6, 8-11,
13-15, 23-25, 29-31, and 34 using prior art that is directed to ISDN networking.
The instant petition therefore challenges claims 23-25 and 29-31, which are not at
issue in IPR2015-00055, using completely different prior art. As such, the instant
case should not be viewed as being cumulative and the PTAB should institute this
proceeding.
C. Identification of Lead and Back-Up Counsel
Pursuant to 37 C.F.R. 42.8(b)(3), Petitioner provides the following
designation of counsel: Lead counsel is Michael L. Kiklis (Reg. No. 38,939) and
back-up counsel is Scott A. McKeown (Reg. No. 42,866).
D. Service Information
Pursuant to 37 C.F.R. 42.8(b)(4), papers concerning this matter should be
served on the following:

Address: Michael L. Kiklis
Oblon Spivak
1940 Duke Street
Alexandria, VA 22314
Email: cpdocketkiklis@oblon.com
Telephone: (703) 413-2707/(703)413-3000 (main)
Fax: (703) 413-2220

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III. PAYMENT OF FEES
The undersigned authorizes the Office to charge the required fees as well as
any additional fees that might be due to Deposit Account No. 15-0030.
IV. REQUIREMENTS FOR INTER PARTES REVIEW
As set forth below and pursuant to 37 C.F.R. 42.104, each requirement for
inter partes review of the 233 patent is satisfied.
A. Grounds for Standing
Petitioner certifies pursuant to 37 C.F.R. 42.104(a) that the 233 Patent is
available for inter partes review and that Petitioner is not barred or estopped from
requesting inter partes review challenging the patent claims on the grounds
identified herein.
B. Statement of Precise Relief Requested (37 C.F.R. 42.22(a)) and
Identification of Challenges (37 C.F.R. 42.104(b))
Petitioner requests inter partes review and cancellation of claims 1-6, 8-11,
13-15, 23-25, 29-31, and 34 of the 233 patent as being obvious under 35 U.S.C.
103 in view of the following patents, each of which is prior art pursuant to 35
U.S.C. 102(b):
1. U.S. Patent No. 5,008,930 to Gawrys, et al., issued Apr. 16, 1991
(Gawrys)(Ex. 1002).
7

2. U.S. Patent No. 5,796,812 to Hanlon, et al., issued Aug. 18, 1998
(Hanlon)(Ex. 1003).
3. U.S. Patent No. 5,550,906 to Chau et al., issued Aug. 27, 1996 (Chau)(Ex.
1006).
4. U.S. Patent No. 5,737,592 to Nguyen, et al., issued Apr. 7, 1998
(Nguyen)(Ex. 1007).
Grounds:
1. Claims 1-3, 13, 14, 23, and 24 are challenged under 35 U.S.C. 103 as
being obvious in view of Gawrys and Hanlon.
2. Claims 4-6, 8-11, 15, 25, 29-31, and 34 are challenged under 35 U.S.C.
103 as being obvious in view of Gawrys, Hanlon, Chau, and Nguyen.
C. How the Construed Claims are Unpatentable under the Statutory
Grounds identified in 37 C.F.R. 42.104(b)(2) and Supporting
Evidence Relied upon to Support the Challenge

The challenged claims are to be construed as indicated in Section VI, below.
Pursuant to 37 C.F.R. 42.104(b)(4), an explanation of how the challenged claims
are unpatentable under the statutory grounds identified above, including the
identification of where each element of the claim is found in the prior art, is
provided in Section VII, below, in the form of an analysis. Pursuant to 37 C.F.R.
42.104(b)(5), the appendix numbers of the supporting evidence relied upon to
support the challenges and the relevance of the evidence to the challenges raised,
8

including identifying specific portions of the evidence that support the challenges,
are provided in Section VII, below, in the form of an analysis.
D. Threshold Showing of Reasonable Likelihood That Petitioner
Would Prevail With Respect To At Least One Challenged Claim
(35 U.S.C. 314(a)) Has Been Met
Information presented in this Petition, including the unpatentability ground
detailed in Section VII, below, establishes a reasonable likelihood that Petitioner
will prevail with respect to at least one of the challenged claims. See 35 U.S.C.
314(a). Indeed, that section, supported by the Day declaration (Ex. 1005)
demonstrates how the challenged claims are obvious in view of the relied upon
prior art.
V. FACTUAL BACKGROUND
A. Declaration Evidence

This Petition is supported by the declaration of Professor John Day, from
Boston University (attached as Ex. 1005). Mr. Day offers his opinion with respect
to the skill level of one of ordinary skill in the art (Ex. 1005, 13-14), the content
and state of the prior art (Ex. 1005, 15-27, 29-59), claim construction (Ex. 1005,
9), the teachings and suggestions that one of ordinary skill would understand
based on Gawrys, Hanlon, Chau and Nguyen (Ex. 1005, pp. 18-89), the reasons for
combining the teachings from Gawrys, Hanlon, Chau and Nguyen (Ex, 1005,
24-25, 52-59), and the manner in which one of ordinary skill would combine those
9

teachings (Ex. 1005, pp. 18-89). John Day is a lecturer at Boston University with
over 40 years of experience in communications and networking. See Ex. 1005.
B. The State of the Art as of 2001

As Mr. Day testifies, the basic idea of the 233 Patentsession transferhas a
long history in the field of networking. The earliest occurrence of this kind of
ability to move a session from a first device to a second device was with the
teleconferencing application protocol (today we would call it instant
messaging) developed in 1972 by James Calvin then at Bolt, Beranek, and
Newman (BBN) for use on the ARPANET. This system was demonstrated at
ICCC 72 and there were several papers in the conference on teleconferencing of
this sort. There were discussions and some documents written that also treated this
work in the ARPANET Users Interest Group (USING, 1974) and in the ARPA
funded project, the National Software Works (1977). Papers were published on
this latter effort and the technical reports were generally available. Ex. 1005, at
15-16.
Session transfer received considerable attention in the OSI standards effort
between 1978 and 1995, including the development of the OSI Session Protocol
(ISO 8326,8327; X.215X.225:1987), OSI Presentation Protocol (ISO 8822, 8823;
X.216, X.217: 1992); Abstract Syntax standards (ISO8824, 8825; X.208, X.209:
1990), Application Control Service Element protocol (ISO 8649, 8650; X.217,
10

X.227: 1988), Application Layer Structure (ISO 9545, X.207:1989, 1993), and
Naming and Addressing addendum of the OSI Reference Model (ISO 7498-3,
X.650 :1988). All of this work was well known to those skilled in the field and
they would have known how to construct what is described in the 233 Patent with
the tools provided. Ex. 1005, at 17.
Session transfer had been in practice for over two decades by 2001. For
example, the ability to forward a call in the PSTN was well known through Jim
Calvins early teleconferencing program to more formal means laid out in
international standards. The ability to reformat session information was widely
understood in the early ARPANET as indicated by the use of a canonical form in
Telnet (1973) and FTP (1973). The role of the Network Virtual Terminal (NVT)
and the Network Virtual File System (NVFS) respectively in these protocols,
which was much written about, including the properties that these conversions or
re-formatting had to have. One disadvantage of early approach was that the
conversion to the canonical form was always used. This constraint was relaxed
and generalized with standardization of the OSI Presentation Protocol that allowed
correspondents to negotiate the format of the data to be transferred. This has been
a well-understood problem with many solutions for at least 20 years before 2001.
In fact, all the features of the challenged claims were well-known to those of
ordinary skill in the art before 2001. Ex. 1005, at 18.
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C. The Challenged 233 Patent
The 233 Patent describes transferring an on-going session from one device
to another device while maintaining that session. While a first device is
communicating with a server, the user may select a second device to receive the
session. The session with the first device may be discontinued and any subsequent
messages on the transferring session may be blocked from reaching the first
device. The server may then transfer the session to a second device to continue the
session. Ex. 1001, Abstract; Ex. 1005, at 7.
Claim 1, for example, contains the following features:
Conducting a session with a first device;
Specifying a second device;
Discontinuing the session with the first device; and
Transmitting a session history of said first device from said first
device to a session transfer module after the session with the first
device is discontinued; and
Resuming the session on the second device with the session history.
All of the features of this claim as well as the other challenged claims were well
known to those of ordinary skill in the art for many years before the earliest
priority date of the 233 Patent, which is September 17, 2001. Ex. 1005, at 8.
D. Prosecution History
The file history shows that one of ordinary skill in the art was well aware of
virtually all the features of the claims. Specifically, the Examiner believed in the
12

Notice of Allowance that the only difference over the prior art was that the session
history was transferred after the session with the first device was discontinued:
Belfiore et al., US Pat. App. No. 2002/0059425 A1, teaches the
invention substantially as claimed. . . .
However, the prior art of record fails to teach or suggest individually
or in combination a system in which a mid-session transfer of a
session is achieved by transmitting a session history from a first
device to a session transfer module after said session is discontinued
on the first device. Ex. 1004, at 5.
As discussed below, the transfer of a session history after the session is
discontinued with the first device was also well known. Thus, one of ordinary skill
in the art was well aware of all the features of the contested claims. Ex. 1005, 13.
VI. CLAIM CONSTRUCTION (37 C.F.R. 42.104(B)(3))
Pursuant to 37 C.F.R. 42.204(b)(3), the claims subject to inter partes review
shall receive the broadest reasonable construction in light of the specification of
the patent in which [they] appear[]. See 42 C.F.R. 100(b). For the purposes of
this petition, the Petitioner adopts the plain meaning for all claim terms. The
Petitioner proposes a specific construction for several terms below:
Claim Term Proposed construction
Device (claims 1-6, 8-11, 13-15, 23-25,
29-31, 34)
Any communication enabled device
Session (claims 1, 2, 8, 9, 13-15, 23-25,
29, 34)
Information exchange between two
communicating devices
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Session History (claims 1, 8-11, 13, 23,
29-31, 34)
Information associated with a session
Session Data (claims 4, 5, 6) Session history (i.e., Information
associated with a session)
A. Support for claim construction
Device: One of ordinary skill in the art would understand this term to mean any
communication enabled device. This would include cell phones, computers, etc.
This definition is consistent with the broad use of the term in the specification.
The following quotes show that the term device is used for practically any
communications-enabled device, from a mobile phone and pager to a laptop and
desktop regardless of whether such devices communicate via wireless or wired
communications:
In todays information intensive society, it is not uncommon for a user
to have several communication-enabled devices (e.g., a cellular
phone, a pager, a wireless personal digital assistant). A typical user
may have a desktop computer system to perform information
transactions (or sessions) such as sending/receiving electronic mail
(e-mail), browsing the Internet for information and communicating
via instant messaging. Ex. 1001, at 1:15-22.
As a result, many users have turned to a variety of untethered and
lighter weight devices . . . Laptop computers with wireless modems
are an example, as are enhanced text pagers, wireless handheld
devices, personal digital assistants (PDA), and wireless mobile phones
with integrated displays. Ex. 1001, at 1:29-35.
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Ex. 1005, at 9; see also Ex. 1001, at 1:44-52; 1:53-59; 2:8-12; 4:53-56;
8:7-13.
Session: One of ordinary skill in the art would understand this term to mean
information exchange between two communicating devices. This definition is
consistent with its use in the specification, which uses the term very broadly:
These services may include session-based services such instant
messaging, database querying, and other similar services. The
supporting applications of these session based-services may be
provided by an application server 140. The application server 140
may be configured to provide an application such as instant messaging
application, a Web application, a database querying application, and
other similar applications. . . . Because the specific type of session to
be used in the present invention will vary according to individual
needs, the present invention is not limited to any specific type of
session and may thus utilize any type of session that may be provided
to a user which may reasonably accomplish the goals of the present
invention. Ex. 1001, at 5:23-37 (emphasis added).
A session-based service may be an instant messaging service,
messaging service, a database query, a Web browsing session, and the
like. Ex. 1001, at 5:46-48.
Ex. 1005, at 9; see also Ex. 1001, at 2:54-63; 4:36-40.
Session History: One of ordinary skill in the art would understand this term to
mean information associated with a session. The specification uses several
15

terms synonymous with session history, such as session state, session data, and
transaction history. For example, claims 4, 5, and 6 refer to said session data
which can only refer to claim 1s session history. Also, the specification refers
to receiving the session history and then refers to this session history as the
state of the session when it discloses converting the state of the session to a
state compatible with the redirected device. Ex. 1001, at Fig 3; 7:62-66; 8:14-19;
8:31-37 (emphasis added). The specification discloses message history as an
example of session history:
The session transfer module may be further configured to . . . convert
the blocked messages as well as the messages comprising the prior
message history (or session history) into a format compatible with the
redirected device, where the format may include parameters such as
data format, modality, etc. Ex. 1001, at 3:29-36.
The following quote shows that a transaction history can be a session history:
The session transfer module 220 may be configured to optionally
accept a transaction (or session) history of the transferring device
during the redirection process. Ex. 1001, at 7:27-30.
Moreover, the specification discloses that the session history may be complete or
only partial:
Thus, a user may be provided with a complete history of the session at
the redirected device. Ex. 1001, at 3:55-56; see also 3:48-55.
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Thus, a user may be provided with a complete history of the session at
the redirected device. Alternatively, the session transfer module 220
may be configured to transmit a portion of the session history that is
compatible with the memory requirements of the redirected device.
Ex. 1001, at 7:38-41.
From the above quotations, one of ordinary skill in the art would understand that
the term session history is used interchangeably with transaction history, session
state, session data and message history. Moreover, the message history may be a
complete history or only a partial history. Based on this broad use as well as the
patents applicability to many different kinds of sessions, one of ordinary skill in
the art would understand this term to mean information associated with a
session. Ex. 1005, at 9.
Session Data Claims 4, 5, and 6 refer to said session data although the claim
from which it depends, claim 1, does not mention session data only session
history. Given the understanding that one of ordinary skill would have of the
session history, discussed above, one of ordinary skill would understand that the
term session data was intended to be session history. For the purposes of this
petition, Petitioner as well as Mr. Day use session data to mean session
history. If the Board disagrees and believes that the claim cannot be construed,
the Petitioner respectfully requests that the Board so state in its Institution
Decision.
17

VII. THE GROUNDS SHOWING THAT PETITIONER HAS A
REASONABLE LIKELIHOOD OF PREVAILING
A. The Prior Art Discloses Each Claimed Feature And One Of
Ordinary Skill Would Be Led To Form This Combination
1. The Combination of Gawrys and Hanlon
Gawrys (Ex. 1002) discloses virtually all of the claimed features of the
challenged claims, although it does not explicitly disclose that the session history is
transferred after the session with the first device is discontinued. Hanlon discloses
this feature. Ex. 1005, at 20.
Gawrys discloses a customer service system where an agent receives a call
from a customer that called a 1-800 number over an ISDN network. The first
agent, at a first agent terminal, answers the call and can obtain caller related
information from the communications system and then transfers the voice and
collected data to another agent or supervisor "for continuing the call." Ex. 1002, at
4:41-48; 1:7-16. In this manner, Gawrys transfers an integrated voice/data call
including call-related data between a first and a second agent terminal. Ex. 1002,
at Abstract; cl. 1. Gawrys' Fig. 4 provides more detail:
18

Ex. 1005, at 21. The first agent terminal 14
1
receives a call from caller 12. This
session includes a voice call, caller data displayed in a phone window 53, and host
application data displayed in one or more host application windows 56, 57. Ex.
1002, at Abstract. The host application data is obtained by querying host computer
system 18 using the caller's phone number to retrieve various information, such as
19

account information or other information associated with the caller. Ex. 1002, at
4:67-5:41. When a call must be transferred, the first agent at first agent terminal
14
1
presses a transfer key whereupon the first agent terminal sends an indication to
the PBX 13 that the voice and data are to be transferred and then sends the data in
the form of a UUI to the PBX for transferring to the second agent 14
2
. The UUI
includes the information in the phone window 53 as well as an index. The PBX
transfers the UUI to the second agent, and the second agent uses the index to query
the host database system 18 to receive the same information as was displayed in
windows 53, 56 and 57 of the first agent. Ex. 1002, at 9:38-10:36; Ex. 1005, at
22.
Similar to Gawrys, Hanlon (Ex. 1003) also discloses call transferring from
one party to another where both the call is transferred as well as call-specific data
over an ISDN network. Ex. 1003, at 1: 46-50. To transfer call-specific data, the
re-directing party transmits an out-of-band message containing data to the network.
The network forwards the data to the target party. The data may effect a data
transfer. Ex. 1003, at Abstract. The data is transferred in the form of a UUI and
may include caller-specific information entered by the caller (address, phone
number, account number, etc.) or information generated by the re-directing party,
such as account balance. Ex. 1003, at 3:32-43. Upon requesting a call transfer, the
20

call is redirected, discontinuing the session, and the call-specific data is then
transferred:
However, the UUI IE need not necessarily be sent as part of the
message incorporated within the set-up of a call to the target party 16
or associated with call termination. Rather, the UUI IE containing the
call-specific data could be sent as part of a message generated by the
re-directing party 14 to effect data transfer after call re-direction. As
discussed, the re-directing party 14 requests band call re-direction
request by entering an out-of band request. After the call is re-directed
pursuant to the request of the re-directing party 14, the re-directing
party may transfer the call-specific data to the target party 16 by
sending a data-transfer message containing the call-specific data to the
TS 24 for transmission via the TS 26 to the TS 29. Ex. 1003, at 4:8-
15 (emphasis added); Ex. 1005, at 23.
One of ordinary skill in the art would be motivated to combine Hanlon with
Gawrys because the systems are directed to the same problem and are very similar.
Both patents are directed to call transferring including session information from
one party to another over an ISDN network. The patents are therefore directed to
the same problem: call transfer. The technology of each patent is remarkably
similar because both deal with voice/data call transfer over an ISDN network. Ex.
1005, at 24.
21

Specifically, one of ordinary skill would add "the session discontinuation
before session history transfer" feature of Hanlon to Gawrys to ensure session
integrity. If the session with the first device continued after the session history
were transferred to the second device, then when the session resumed on the
second device, the session history would not reflect the latest state of the session
on the first device, resulting in a resumption of the session that may not behave
properly. A more robust session transfer system would discontinue the session on
the first device before transmitting the session history to the second device, thus
ensuring a smooth transfer. The benefits and need to discontinue the session on the
first device before transmitting the session history to the second device would be
readily apparent to one of ordinary skill in the art. Ex. 1005, at 25.
Gawrys discloses virtually all of the claim elements of the challenged
claims. For example, it conducts a session with a first device (the first agent
terminal), it specifies a second device (a second agent terminal), it discontinues the
session on the first device, it transmits a session history from the first device to the
second device using a session transfer module (PBX), and it resumes the session
on the second device using the session history. Gawrys does not explicitly disclose
that the session history is transmitted "after said session is discontinued on said
first device." Ex. 1005, at 26.
22

Hanlon explicitly discloses discontinuing a session with a first device and
then transmitting the session history "from said first device to a session transfer
module after said session is discontinued on said first device." The Hanlon quote
reproduced above shows this. Ex. 1003, at 4:8-15; Ex. 1005, at 27.
2. The Combination of Gawrys, Hanlon, Chau, and Nguyen
Gawrys doesnt explicitly disclose storing or accessing a device profile.
However, one of ordinary skill in the art would know that PBX systems such as
that disclosed by Gawrys necessarily include a conventional PBX status and
translations database (PST) (see Ex. 1002, at Fig. 4, ref. num. 18). The PST stores
profile information about each endpoint served by the PBX in the form of one or
more PST entries for each endpoint, and this information is accessed when the
PBX performs telephonic functions. Ex. 1005, at 31.
For example, Chau discloses a system that utilizes the same line of PBX (the
AT&T Definity Communication system) as that disclosed in Gawrys. However,
unlike Gawrys, Chau explicitly discloses that such a PBX system includes a
conventional PBX status and translations database (PST) and that the PST stores
profile information about each endpoint served by the PBX in the form of one or
more PST entries for each endpoint. In particular, Chau discloses that each
endpoint has one or more corresponding entries in the PST, each of which contains
profile information about the endpoint, including, for example, the endpoints
23

extension number, the name of the user who is associated with the endpoint, the
permissions for the endpoint, the features that are assigned to and activated for the
endpoint, and the present status of that endpoint. Chau further discloses a PBX
system that accesses the PST entries for a destination endpoint to determine
whether the endpoint has the features necessary to perform various telephonic
operations. Ex. 1005, at 32.
Gawrys does not explicitly disclose a system comprising a plurality of
networks. However, one of ordinary skill in the art would know that systems such
as that described in Gawrys often comprise a plurality of networks either as a
matter of design choice or in order to implement such a system atop preexisting
network or networks. In any case, Chau explicitly discloses a communication
system comprising a plurality of networks. Ex. 1005, at 33.
Finally, Gawrys doesnt explicitly disclose restructuring or reformatting a
session history (session data) to conform to the profile, data format, or modality of
a second device. Chau in combination with Nguyen discloses these features. Ex.
1005, at 34.
Chau extends an ISDN system so that it provides telephonic services, not
only to devices ordinarily connected to a PBX, but to multi-media workstations
that are not ordinarily connected to a PBX as well. Specifically, Chau discloses
the combination of two communications subsystems: (1) a telecommunications
24

subsystem utilizing ISDN and a PBX-based telephony system (such as that
disclosed in Gawrys) and (2) a data or multi-media communications subsystem.
The telecommunications system provides telephony connections between both the
telephonic devices connected to the telephony system and the workstations
connected to the data or multi-media communications subsystem. In particular,
Chau discloses combining an ISDN- and PBX-based telecommunications system,
such as the telemarketing system disclosed in Gawrys, with a data or multi-media
communications subsystem. Ex. 1005, at 35.
The resulting communications system supports the transfer of calls between
Gawryss agent terminals (with multi-windowing capability and telephone)
connected to the telephony subsystem and multi-media agent workstations
connected to the data or multi-media communications subsystem. Ex. 1005, at
36; see Ex. 1006, at 4:42-60; 4:42-5:4; FIG. 1.
Chau also discloses a database that contains device profiles that are accessed
when performing telephonic services. Specifically, Chau discloses a PBX that
includes a conventional PBX status and translations database (PST) that includes
one or more entries for each endpoint containing profile information for the PBX
endpoints, including the extension number, name of the user, permissions, features,
present status (e.g., idle, busy), and an optional PBX port identifier. The PST
contains entries for endpoints that correspond to telephonic devices ordinarily
25

connected to a PBX as well as entries for devices for virtual endpoints, such as
multi-media workstations, not ordinarily connected to a PBX. For example, the
entry for a connected telephone has an associated PBX port identifier, but an entry
for a workstation does not and is considered to be a virtual endpoint. Finally, the
PST disclosed in Chau is a conventional capability provided on the AT&T
Definity PBX. Ex. 1005, at 37; Ex. 1006, at 6:8-34.
Chau also discloses accessing the PST entries (device profiles) when
performing telephonic functions. For example, Chau discloses accessing the PST
entry for a destination endpoint to determine whether the endpoint is a virtual
endpoint (multi-media workstation) or non-virtual endpoint (telephonic device),
whether it has telephonic features such as call forwarding, or whether it is busy.
Ex. 1005, at 38; Ex. 1006, at 8:50-9:1.
Although one of ordinary skill would recognize that systems such as Gawrys
often comprise a plurality of networks either as a matter of design choice or in
order to implement such a system atop a preexisting network or networks, Chau
explicitly discloses a communication system comprising a plurality of networks.
Specifically, Chau discloses combining two or more communication subsystems,
each of which can include a network. Ex. 1005, at 39-42; Ex. 1006, at 5:15-29;
4:42-60; 4:61-5:4; 5:15-29.
26

Finally, one of ordinary skill would recognize the need to transform the
session history to conform to the profile, data format, or modality of a second
device, because Chau discloses a communication system that provides telephonic
services between heterogeneous devices, namely multi-media user workstations
that do not normally serve as endpoints for PBX systems and telephonic devices
that do. One of ordinary skill would quickly recognize that such functionality is a
necessary part of communicating between heterogeneous devices. Ex. 1005, at
43; Ex. 1006, at 1:42-62.
As disclosed in Gawrys and Chau, such devices can have different user-
interface formats and modalities, ranging from the graphical user interfaces (GUIs)
typically used by the multi-media workstations disclosed in Chau to text-based
user interfaces (TUIs) displayed in the windows of the agent terminals disclosed in
Gawrys (such as the disclosed AT&T 6500 terminal in Gawryss preferred
embodiment) to the more limited interfaces provided by the telephones also
disclosed in Chau. Ex. 1005, at 44; Ex. 1002, at 4:4-14.
Neither Gawrys nor Chau explicitly discloses restructuring or reformatting
the session history to conform to a second devices profile, format, or modality.
One of ordinary skill in the art would not only recognize the need to do so, but
would be familiar with many techniques for doing so. Nguyen, however,
27

explicitly discloses restructuring or reformatting the session history to conform to a
second devices profile, format, or modality. Ex. 1005, at 45.
When transferring the data from a first device to a second device, the 233
Patent discloses the need to access the second devices profile in order to
determine the data format or modality of the second device and, depending on the
second devices data format or modality, the format of the data may have to be
restructured or reformatted. This is well-known functionality going back to the
very early days of communication between heterogeneous devices. The 233
Patent cites HTML as one possible data format. Ex. 1001, at 8:4-13; 2:8-12.
Further, the 233 Patent cites, as examples of various user-interface modalities, a
graphical user interface and a text-based user interface with function keys and a
command-line prompt. Ex. 1005, at 46-48; Ex. 1001, at 3:11-15; 4:41-52.
Nguyen discloses the conversion of text extracted from a database so that it
can be displayed in a browser-based GUI of a multi-media workstation. This
technique would be used, for example, to restructure or reformat the session
history that is extracted from the Gawrys host database so that it can be displayed
on a multi-media workstation when transferring a call from a text-based agent
terminal (disclosed in Gawrys) to a multi-media workstation (disclosed in Chau).
Nguyen also discloses a way to change the user-interface modality from a TUI
with function keys and a command-line interface of the agent terminals disclosed
28

by Gawrys to the modality of a browser-based GUI of the multi-media terminals
disclosed by Chau. Ex. 1005, at 49-51; Ex. 1007, at 2:44-49; 5:7-20.
One of ordinary skill in the art would be motivated to combine Chau with
Gawrys and Hanlon because Chau adds the ability to expand Gawrys and
Hanlons ISDN environment to incorporate multimedia systems, thus enabling
users to utilize telephony features of ISDN/PBX in multimedia computers. One of
ordinary skill in the art would recognize that this combination would be highly
desirable to users to provide all the telephony features (e.g., call forwarding, call
transfer, automatic call routing, conference calls, and the integration of voice and
data sessions) of an ISDN/PBX system to a multimedia system. Additionally, the
Gawrys, Hanlon, and Chau systems are remarkably similar, thus providing a strong
suggestion for the combination in that one of ordinary skill would see the ease with
which they could pick and choose various features from each. Each system
addresses the same problem: voice/data telephony over an ISDN network.
Moreover, Gawrys and Chau both utilize PBX systems. In fact, both utilize the
same Definity line of AT&T PBX systems. Ex. 1005, at 53; Ex. 1002, at 3:49-
4:3; Ex. 1006, at 4:42-60.
Chaus ISDN- and PBX-based telecommunications system extends
Gawryss ISDN- and PBX-based telemarketing system (with its agent terminals
connected to the telephony subsystem) to create an improved telemarketing system
29

that supports multi-media agent workstations (as disclosed in Chau) connected to a
data/multi-media communications subsystem. Such an extension would be
considered to be highly desirable to one of ordinary skill in the art because it
provides a more feature rich system that provides users with more functionality.
See Ex. 1006, at 1:9-62. In Chau, multi-media agent workstations participate in
both multi-media calls and voice calls. Ex. 1005, at 54.
The combination of Gawrys with Chau (an extended telemarketing system
See Ex. 1005, at 55) provides for agent terminals (such as the disclosed AT&T
6500 terminal in Gawryss preferred embodiment) having a text-based user
interface (TUI) in which text is displayed in windows. Ex. 1005, at 55; Ex. 1002,
at 4:4-14. The combination of Gawrys with Chau also provides for multi-media
workstations having a graphical user interface (GUI). Ex. 1005, at 59; Ex. 1006,
at 4:42-5:4.
Accordingly, the combination of Gawrys and Chau can be composed of
heterogeneous endpoints of different types: (1) agent terminals as disclosed in
Gawrys, (2) multi-media workstations as disclosed in Chau, and (3) telephones as
disclosed in Chau. One of ordinary skill would find this to be highly desirable.
The agent terminals disclosed in Gawrys display the host data that constitutes a
sessions history in terminal windows, and the user interacts with the agent
terminals using a TUI. Chau extends systems such as Gawrys to include multi-
30

media workstations that can display data in either text-based or graphical windows,
and permit users to interact with the workstation using a GUI in addition to a TUI.
Although the majority of telemarketers utilizing the system disclosed in Gawrys
would use the agent terminals disclosed therein, Gawrys discloses that some of the
calls received would need to be transferred to persons using the workstations
disclosed in Chau: e.g., telemarketing supervisors, salespersons, and persons
performing functions such as customer accounting, order processing, conducting
surveys, and other telemarketing-related services (Ex. 1002, at 2:53-60, 1:19-26).
Many such persons would have utilized personal computers/workstations as a
matter of course; it is desirable, therefore, to extend the telemarketing system
disclosed in Gawrys to include the workstations disclosed in Chau so that such
persons could have calls transferred to them without requiring them to have an
agent terminal. Thus, one of ordinary skill in the art would be motivated to
reformat the session history when transferring a call and its session history from
one type of device to another. Likewise, one of ordinary skill in the art would be
motivated to restructure the interface when transferring a call so that the agents can
use the best possible interface available on a given device (a TUI on the agent
terminals and a GUI on the multi-media workstations). Ex. 1005, at 57.
Chau further discloses accessing an endpoints PST entries in the PBX
systems status and translation database when performing telephonic functions.
31

Accordingly, when transferring session history (as part of transferring a call)
between a GUI-based multimedia workstation (such as that disclosed in Chau) and
a TUI-based agent terminal (such as that disclosed in Gawrys), one of ordinary
skill in the art would recognize that the session history and the modality of the
sessions user interface may need to be restructured to be in conformance with the
capabilities or profile of the second device (as described by the second devices
PST entry). One of ordinary skill in the art would thus look to Nguyen to provide
such restructuring and reformatting. Ex. 1005, at 58.
One of ordinary skill in the art would recognize that Nguyen provides a way
to restructure or reformat text extracted from a database so that it can be displayed
in a browser-based GUI of a multi-media workstation and is well suited to work
with Gawrys, Hanlon and Chau. Specifically, Gawrys discloses that the second
device (that receives a transferred call) uses the received data to access the same
or other host database system for automatically displaying the data. Ex. 1002, at
Abstract. One of ordinary skill would use this technique to restructure or reformat
the session history that is extracted from the host database so that it can be
displayed on a multi-media workstation when, for example, transferring a call from
a text-based agent terminal (disclosed in Gawrys) to a multi-media workstation
(disclosed in Chau). Nguyen also discloses a way to change the user-interface
modality from a TUI with function keys and a command-line interface of the agent
32

terminals disclosed by Gawrys to the modality of a browser-based GUI of the
multi-media terminals disclosed by Chau, which one of ordinary skill would find
desirable. This restructuring and reformatting functionality provided by Nguyen
would therefore be viewed as highly desirable to combine with Gawrys, Hanlon
and Chau, and would be considered necessary to one of ordinary skill in the art.
Ex. 1005, at 59.
B. Analysis Demonstrating How The Proposed Combination
Renders Obvious Claims 1-6, 8-11, 13-15, 23-25, 29-31, and 34 Of
The 233 Patent
The following analysis demonstrates, on a limitation-by-limitation basis,
how claims 1-6, 8-11, 13-15, 23-25, 29-31, and 34 are obvious in view of the relied
upon prior art. This analysis is presented in two sections. First, claims 1-3, 13, 14,
23, and 24 are shown to be obvious in view of Gawrys and Hanlon, and second,
claims 4-6, 8-11, 15, 25, 29-31, and 34 are shown to be obvious in view of
Gawrys, Hanlon, Chau and Nguyen. For ease of reference, this analysis includes
letters for the individual claim elements (e.g., 1a). This analysis is directly
supported by and substantially the same as the analysis in Mr. Days two claim
charts in his declaration. Ex. 1005, pp. 24-89.
1. Claims 1-3, 13, 14, 23, and 24 are Obvious in View of Gawrys and
Hanlon
[1a] 1. A method for redirecting an on-going, software based session
comprising:
33

Gawrys discloses a customer definable automated integrated voice/data call
transfer technique that redirects (transfers) an ongoing integrated voice/data call
and associated data from a first agent terminal to a second agent terminal. The
session includes a voice call, caller data displayed in a phone window, and host
application data displayed in one or more host application windows. The session is
processed by software at one or more agent terminals, host application database
systems, and communications systems (Private Branch Exchanges (PBXs)). Ex.
1005, at p. 24.
The present invention relates to a customer definable automated
integrated voice/data call transfer technique which is usable, for
example, in ISDN systems or information management services that
enable an agent answering a call to obtain caller related information
from a communication system, automatically send it to a host
database computer system application software, retrieve caller records
without requiring a caller to provide verbal information and then
transfer the voice and collected data information to a preferred agent
terminal for continuing the call. Ex. 1002, at 1:6-16; see also
Abstract; Fig. 4; Fig. 2.
Relative to the above example, FIG. 2 illustrates a block diagram of
an exemplary interface card 30, located in each agent terminal 14
i
,
that functions to process and direct the voice, data and signaling
information between PBX 13 and other portions of agent terminal 14
i

34

during the handling of a call. Ex. 1002, 5:42-47; See also Ex. 1002,
9:38-42; 3:65-4:3.
[1b] conducting a session with a first device;
Gawrys discloses a telemarketing system conducting a session with a first agent
terminal with a multi-window display (first device). The session includes an
integrated voice/data call (with call-related information displayed in a phone
window) along with data retrieved from a host database computer (displayed in
one or more host windows of the first agent terminal). Ex. 1005, p. 26.
The foregoing problem in the prior art has been solved in accordance
with the present invention which relates to customer definable
integrated voice/data call transfer techniques which include (1) a first
agent terminal with a multi-window display, and (2) processing
equipment that directs caller-related incoming voice and data
information from a communications network to the first agent
terminal and routing commands from the agent terminal to an
appropriate host database computer system to automatically retrieve
customer-desired data. Ex. 1002, 2:42-53; see also Ex. 1002, at 4:67-
5:41; Fig. 4; 3:34-42; 7:7-13; 7:66-8:14.
Gawrys also discloses that a session with a first ISDN device (first device) is
conducted involving a voice and data call along with pertinent call related and
other data that is received from ISDN and a host database system. Ex. 1005, at pp.
29-30.
35

In a preferred embodiment, when a call is initially provided to a first
agent terminal, e.g., agent terminal 14
1
in FIG. 4, the host application
software at the associated host database system, e.g., host database
system 18, assigns a unique index number to the call. Ex. 1002, 9:38-
42.
FIG. 6 illustrates the broadest aspects of the present invention for an
Integrated Services Digital Network (ISDN) 60, which can equate to
communications network 11 of FIG. 1, which is coupled to (a)
telephones, e.g. 12, (b) an exemplary first and second ISDN device
61
1
and 61
2
, respectively, using an exemplary 2B+D channel Basic
Rate Interface (BRI) protocol, and (c) a host database system 18 using
the exemplary 23B+D channel PRI protocol. For purposes of
description, it will be assumed that a call from caller 12 exists at first
ISDN device 61
1
, and pertinent call related and other data which is
received from ISDN 60 and host database system 18 is displayed on a
terminal display device of ISDN device 61
1
relating to that call. As
described before, the host database system 18 provides an index
number indicative of the current data supplied to ISDN device 61
1

which is stored both at host database system 18 and ISDN device 61
1
.
When a call is transferred, the UUI 62 information is transferred with
the voice call via ISDN 60 to a second ISDN device 61
2
, and second
ISDN device uses the index number to access host database system 18
to bring up the same information that was displayed on ISDN device
61
1
just prior to the transfer. Host database system 18 then continues
the call with ISDN device 61
2
by incrementing the index number for
each new request made by ISDN device 61
2
while providing the
36

requested information. With such an arrangement, the ISDN could be
communications system 11, as indicated above, or a PBX, switch, or
other suitable device, and the ISDN devices 61
i
can be any suitable
voice and display devices that will work with ISDN 60 and host
database system 18 and receive a voice and data call. Ex. 1002, 11:6-
38; see also Fig. 6.
[1c] specifying a second device;
Gawrys discloses specifying a second device by depressing the transfer key (PF4),
which initiates a transfer of the current call to a predetermined pool of one or more
preferred second agent or supervisor terminals. The second device is the agent or
supervisor terminal selected from the predetermined pool of one or more preferred
second agent or supervisor terminal. Gawrys further discloses permitting the call
to be transferred to one specific agent rather than to a pool of agents. Ex. 1005, at
pp. 31-32.
In the hereinbefore discussed system, the depression of the PF4 key
provides a transfer of the current call to a pool of agent terminal(s) or
supervisor terminal(s), from which one agent terminal, e.g. 14
2
is
selected. Ex. 1002, at 9:32-35; see also Ex. 1002, 9:54-60.
This call transfer procedure is performed in a preferred embodiment
of the present invention by first agent terminal 14
1
sending an
indication to PBX 13 that the voice and data are to be transferred to a
predetermined group of second agent terminals by the depression of
the PF4 Transfer Key. The first agent terminal 14
1
then sends a data
User-To-User Information (UUI) 62 to PBX 13, as shown in FIG. 6,
37

including (1) a first section comprising the "Call Set" information
formed from the call related information found in the Phone Window
53, (2) a "Transfer" section directing the transfer to a group of [sic]
pool of second agent or supervisor terminal(s) to which the call is to
be transferred, (3) and a third and novel section including the current
"index" number for that call. Ex. 1002, 9:60-10:6; see also 10:31-36.
Hanlon discloses sending an out-of-band re-direction request to the network to
cause the network to re-direct the call to the target party. Hanlon further discloses
that the out-of-band redirection request typically specifies the complete number of
the target party. Ex. 1005, at pp. 33.
Briefly, a method is provided for transferring call-specific data within
a telecommunications network between a re-directing and a target
party in conjunction with the re-direction of a telephone call from the
re-directing party to the target party. In accordance with the invention,
upon receipt of a telephone call that the re-directing party wishes to
re-direct, the re-directing party transmits an out-of-band signal to the
network to cause the network to re-direct the call to the target party.
Ex. 1003, at 1:46-54.
After initially screening the call, the re-directing party 14 may wish to
re-direct the call to the target party 16 who is served by a Terminating
Switch (TS) 29 coupled to the TS 26. To re-direct the call, the re-
directing party 14 enters a call re-direction request to the TS 24. In the
illustrated embodiment, the re-directing party 14 subscribes to ISDN.
Under such circumstances, the re-directing party request to re-direct
38

the call comprises an out-of band signal sent to the TS 24. Ex. 1003,
at 2:44-52; see also, Ex. 1003, at 2:60-62.
[1d] discontinuing said session on said first device; and
Gawrys discloses that the first agent discontinues the session on the first agent
terminal by depressing the transfer key (PF4), which provides a transfer of the call
(including the voice call and data session). A Call Transfer Executive (CTE)
program at the first agent terminal initiates a transfer of the call by sending an
indication to the PBX that the voice and data are to be transferred. The transfer
discontinues the session on the first agent terminal. Ex. 1005, at p. 38.
Where the preferred second agent, e.g., terminal 14
2
to which the
above-mentioned call has been transferred, has completed the prior
voice call but is still completing the input of, for example, the order
placed by that prior voice call, the present voice call and data will be
transferred by PBX 13 to second preferred agent terminal 14
2
, but the
host database system 18 may not be able to send data associated with
the transferred call to preferred second agent terminal 14
2
until the
data session of the second agent terminal has been completed. Ex.
1002, at 10:38-48; see also Ex. 1002, at 9:32-35; 9:54-65.
Gawrys also discloses that a call is transferred from a first ISDN device with a
terminal display device to a second ISDN device with a terminal display device.
The transfer discontinues the voice call and data session on the first ISDN device.
Ex. 1005, at pp. 34-35.
39

the voice call via ISDN 60 to a second ISDN device 61
2
, and second
61
1
just prior to the transfer. Ex. 1002, at 23-29.
[1e] transmitting a session history of said first device from said first device to
a session transfer module after said session is discontinued on said first
device; and
Gawrys discloses transmitting User-To-User Information (UUI) from the first
agent terminal (first device) to the PBX (session transfer module) after sending an
indication to the PBX that the voice and data are to be transferred. The UUI
captures the current state of the data displayed both in the phone window and in the
one or more host windows. The UUI includes a first section with the Call Set
information formed from the call-related information found in the phone window.
The UUI information also contains a section that includes the current index
number indicating the data retrieved from the host application database and
displayed in the one or more host windows. The data that is retrieved from the host
application database includes at least a portion of the session history. Ex. 1005, at
p. 35.
This call transfer procedure is performed in a preferred embodiment
of the present invention by first agent terminal 14
1
sending an
indication to PBX 13 that the voice and data are to be transferred to a
predetermined group of second agent terminals by the depression of
40

the PF4 Transfer Key. The first agent terminal 14
1
then sends a data
User-To-User Information (UUI) 62 to PBX 13, as shown in FIG. 6,
including (1) a first section comprising the "Call Set" information
formed from the call related information found in the Phone Window
53, (2) a "Transfer" section directing the transfer to a group of pool of
second agent or supervisor terminal(s) to which the call is to be
transferred, (3) and a third and novel section including the current
"index" number for that call. Comparatively speaking, the Index
number is placed in an envelope and sent with the other UUI message
information to PBX 13 for delivery to the chosen second preferred
agent terminal to which the call is to be transferred. Ex. 1002, at 9:60-
10:11; see also Figs. 4, 6.
Hanlon, like Gawrys, discloses re-directing (transferring) an ISDN call using a re-
direction request (out-of-band signal) to the network to cause the network to re-
direct the call to the target party. In response to the re-direction request, the caller
is placed on hold while the transfer to the target party is set up. Hanlon also
discloses transmitting a UUI containing data from the re-directing party to the
target party. Ex. 1005, at p. 37.
Briefly, a method is provided for transferring call-specific data within
a telecommunications network between a re-directing and a target
party in conjunction with the re-direction of a telephone call from the
re-directing party to the target party. In accordance with the invention,
upon receipt of a telephone call that the re-directing party wishes to
re-direct, the re-directing party transmits an out-of-band signal to the
41

network to cause the network to re-direct the call to the target party. If
the re-directing party wishes to transfer call-specific data to the target
party in connection with the re-direction of the call, re-directing party
places the call-specific data in a message that is transmitted by the
network to the target party out-of band from the initially-received call.
Ex. 1003, at 1:46-1:59.
In response to the re-direction request, the adjunct processor 28 causes
the TS 26 to set-up a call to the target party 16 via the TS 29 while
placing the calling party on hold. Ex. 1003, at 3:6-9.
In accordance with the invention, call specific data, as defined
hereinafter, may be advantageously transferred from re-directing party
14 to the target party 16 in connection with call re-direction, provided
that both parties subscribe to ISDN service. After deciding to re-direct
the call, the re-directing party 14 enters the appropriate "trigger" to re-
direct the call as discussed. To transfer information to the target party
16, the re-directing party 14 places such call-specific data in an out-of
band message as a User-To-User Interface Information Element (UUI
IE) within that message. A typical message of the type utilized in
connection with ISDN service has some 192 octets (eight-bit bytes)
that can be utilized to carry call-specific data from the re-directing
party 14 to the target party 16. Thus, caller-entered information
received by the re-directing party 14, such as the caller's address,
telephone number, account number, etc. can be readily transferred via
the UUI IE in the message to the target party 16. The call-specific
information need not be limited to caller-entered data. Such call
specific data may include information generated by the re-directing
42

party 14 that is specific to the call. For example, the re-directing party
may place in the UUI IE account balance information associated with
the caller. What is important is that the information be specifically
related to the call itself rather than some abstract parameter. Ex. 1003,
at 3:19-43.
Hanlon discloses that the re-directing (transferring) party may drop off after
effecting the call re-direction. Ex. 1005, at p. 39.
Indeed, the re-directing party 14 may wish to drop off after effecting
call re-direction. Ex. 1003, at 3:17-18.
Hanlon further discloses that the UUI may be transmitted by the re-directing party
to effect data transfer after the call is re-directed. Ex. 1005, at p. 39.
However, the UUI IE need not necessarily be sent as part of the
message incorporated within the set-up of a call to the target party 16
or associated with call termination. Rather, the UUI IE containing the
call-specific data could be sent as part of a message generated by the
re-directing party 14 to effect data transfer after call re-direction. As
discussed, the re-directing party 14 requests band call re-direction
request by entering an out-of band request. After the call is re-directed
pursuant to the request of the re-directing party 14, the re-directing
party may transfer the call-specific data to the target party 16 by
sending a data-transfer message containing the call-specific data to the
TS 24 for transmission via the TS 26 to the TS 29. The message
received at the TS 29 is then set to the target party 16. Ex. 1003, at
4:8-15 (emphasis added).
43

Regarding the data session, Gawrys discloses that the host database system assigns
a unique index number to the call when a call is initially provided to the first agent
terminal. Subsequently, the host database system increments the index number for
each automatic or manual request made by that agent terminal for additional data.
The current index terminal indicates the current state of the information sent to and
displayed in the windows at the first agent terminal. Ex. 1005, at pp. 39-40; Ex.
1002, at 9:32-54.
The first agent terminal creates a UUI with the Call Set and current index number
prior to sending that UUI to the PBX. Because each manual or automatic data
request increments the index number, the index number in the UUI indicates the
state of the information sent to and displayed in the first agent terminal at the time
that the UUI is created. The index number in the UUI does not indicate any manual
or automatic data requests at the first agent terminal made subsequent to the
creation of the UUI. Ex. 1005, at p. 45. Gawrys discloses that the second agent
terminal displays the Call Set information from the UUI in the Phone window
and uses the index number from the UUI to duplicate last set of windows of the
first agent terminal as of the time. Ex. 1005, at p. 40-41.
PBX 13 receives the UUI message and transfers the voice and UUI
message information to an idle second agent terminal, e.g., agent
terminal 14
2
of the group or pool of second preferred agent or
44

supervisor terminals destined for the call. The second preferred agent
or supervisor terminal 14
2
receiving the transferred call need only
display the Call Set information in the "Phone" window and transmit
the received Index number to the same host database system 18 using
the same window-to-window copy function defined hereinbefore.
Once host database system 18 receives the Index number, it transmits
the appropriate window display information indicated by that index
number to the second preferred agent terminal to duplicate what was
displayed in the last set of windows 53, 56, and 57 of first agent
terminal 14
1
, and initiates a "conversation" with second preferred
agent or supervisor terminal 14
2
at the same point of the conversation
where the first agent is. Ex. 1002, at 10:12-30.
The second agent terminal resumes the data session with a duplicate of the
information displayed in the windows of the first agent terminal as of the time that
the UUI was created, prior to the first agent terminal sending the UUI to the PBX.
Additionally, Gawrys discloses that the UUI information, including an index
number, is transferred from a first ISDN device (first device) to an ISDN (session
transfer module). The ISDN could be a communications system, PBX, switch, or
other suitable device. The index number is indicative of the current data supplied
to the first ISDN device. Gawrys also discloses that the UUI is transferred with the
voice call to the ISDN when the call is transferred. The second ISDN device uses
the index number to bring up the same information that was displayed on the first
45

ISDN device just prior to the transfer. Because the UUI is transferred when the call
is transferred, the second ISDN device uses the index number to bring up the same
information that was displayed on the first ISDN device just prior to transferring
the UUI to the ISDN. Ex. 1005, at pp. 41-42; Ex. 1002, at 11:6-38.
[1f] resuming said session on said second device with said session history.
Gawrys discloses resuming the session (including voice call and data session) on
the second agent terminal (second device). The second agent terminal uses the UUI
information to resume the session (conversation) at the second agent terminal,
including the duplication of what was displayed in the last set of Phone and Host
windows at the first agent terminal. The Call Set information in the UUI is
displayed in the phone window, and the index number in the UUI is used to query
the host database system and duplicate what was displayed in the last set of
windows a the first agent terminal. Ex. 1005, at 43.
PBX 13 receives the UUI message and transfers the voice and UUI
message information to an idle second agent terminal, e.g., agent
terminal 14
2
of the group or pool of second preferred agent or
supervisor terminals destined for the call. The second preferred agent
or supervisor terminal 14
2
receiving the transferred call need only
display the Call Set information in the "Phone" window and transmit
the received Index number to the same host database system 18 using
the same window-to-window copy function defined hereinbefore.
Once host database system 18 receives the Index number, it transmits
46

the appropriate window display information indicated by that index
number to the second preferred agent terminal to duplicate what was
displayed in the last set of windows 53, 56, and 57 of first agent
terminal 14
1
, and initiates a "conversation" with second preferred
agent or supervisor terminal 14
2
at the same point of the conversation
where the first agent is. Ex. 1002, at 10:12-30; Fig. 4.
Gawrys also discloses that a voice and data call along with pertinent call related
and other data (session) is resumed on a second ISDN device (second device). The
UUI information is used to access the host database system to bring up the same
information that was displayed on the first ISDN device just prior to the transfer.
Ex. 1005, at p. 44.
the voice call via ISDN 60 to a second ISDN device 612, and second
611 just prior to the transfer. Host database system 18 then continues
the call with ISDN device 612 by incrementing the index number for
each new request made by ISDN device 612 while providing the
requested information. Ex. 1002, at 11:23-32.
[2a] 2. The method according to claim 1, further comprising:
See claim 1a.
[2b] pushing said session to said second device in response to said
discontinuing; and
47

Gawrys discloses that the session (including voice call and data session) is
transferred to the second agent terminal (second device) by using the PBX to
transfer the voice call and a UUI with the index number to the second agent
terminal in response to discontinuing the session on the first agent. The UUI is
used to resume the data session on the second agent terminal. Transferring the
voice call pushes the voice call to the second agent terminal due to the use of ISDN
and PBX technology in Gawryss telemarketing system. Transferring the UUI to
the second device pushes the data session to the second agent terminal. Ex. 1005,
at p. 45. See claim 1d and claim 1e.
[2c] resuming said session in response to an activation of said second device.
The second agent terminal resumes the transferred voice call in response to
answering the call. The second agent terminal resumes the data session
(conversation) by displaying the Call Set information in the phone window
and transmitting the received Index number to the host database system. Ex. 1005,
at p. 45. See claim 1f.
See claim 1a.
[3b] pushing a notification to said second device in response to said
discontinuing.
Transferring the session alerts the second agent terminal, e.g., by ringing the
second agent terminals telephone. Ex. 1005, at p. 46. See claim 1d and claim 1e.
48

[13a] 13. A system for transferring a session, comprising:
See claim 1a.
[13b] a network;
Gawrys discloses an Integrated Services Digital Network (ISDN) connecting agent
terminals, a PBX, telephones, first and second ISDN devices, a host database
system and a Multi-Function Communications Controller (MCC). Ex. 1005, at pp.
46-47; Ex. 1002, at 4:4-26; 11:6-38; see claim 1e.
[13c] a session transfer module;
Gawrys discloses a PBX (including a session transfer module) used to transfer a
session (including the voice call and data session). Ex. 1005, at p. 47. See claim 1e.
[13d] a first device to transmit a session history of said first device to said
session transfer module after said session is discontinued on said first device;
See claim 1e.
[13e] a second device to receive said session history; and
Gawrys discloses a second agent terminal receiving the UUI from the PBX. Ex.
1005, at p. 47. See claim 1f.
[13f] a session server providing a session service between said first device and
said session server over said network,
Gawrys discloses a PBX (including a session server), which manages the first
agent terminals voice call session through the PBX over the ISDN network. The
PBX also manages the data session transfer to the second device by receiving and
then transferring the UUI. Ex. 1005, at p. 48. See claim 1b, 1d, and 1e.
49

[13g] wherein said session server is configured to transfer a session from said
first device to said second device in response to a redirect command from said
first device.
Gawrys discloses the PBX (including a session server) configured to transfer a
session (including the voice call and data session) from the first agent terminal
(first device) to the second agent terminal (second device) in response to an
indication (redirect command) sent from the first agent terminal to the PBX that
voice and data are to be transferred. Ex. 1005, at p. 48; See claim 1e and 1f.
[14a] 14. The system for transferring a session according to claim 13,
Wherein:
See claim 13a.
[14b] said session server is configured to push said session to said second
device in response to an activation of said second device.
Gawrys discloses a PBX (including a session server), which manages the first
agent terminals voice call session through the PBX over the ISDN network. The
session server is configured to push the session to the second device in response to
an activation of the second device. Ex. 1005, at p. 48; See claims 13f, 13g, 2b.
Claim 23
See claim 1.
Claim 24
See claim 1a, 2b, and 2c.
2. Claims 4-6, 8-11, 15, 25, 29-31, and 34 are Obvious in View of
Gawrys, Hanlon, Chau, and Nguyen
50

Chau discloses the combination of a telecommunications subsystem utilizing ISDN
and a PBX-based telephony system and a data or multi-media communications
subsystem. Ex. 1005, at p. 73.
FIG. 1 shows an illustrative telecommunications system that embodies
an example of the invention. The system of FIG. 1 is made up of two
communications subsystems 11 and 12 that are interconnected by a
communications link 10. Only two subsystems are shown for
simplicity; a plurality of subsystems 11 may be connected to (and
served by, as discussed below) subsystem 12. Both subsystems 11 and
12 are substantially conventional. Subsystem 12 is a feature-rich
subsystem, such as a telephony subsystem. Subsystem 12 illustratively
comprises a telephony switching system, such as a private branch
exchange (PBX) 13 that provides basic (e.g., telephony voice)
communications services to a plurality of telephone sets 18-19. PBX
13 is a stored-program-controlled machine, such as an AT&T
Definity PBX. It includes a central processor 14 that executes
control programs out of its memory 15 and controls a switching fabric
16 that provides basic communications connections between
telephone sets 18-19 as well as other endpoints in a conventional
manner.
Subsystem 11 may be substantially any desired communications
arrangement. For example, it may be another telephony subsystem,
like subsystem 12. Preferably, however, subsystem 11 is a
connections-rich subsystem, such as a data or a multi-media
communications subsystem. Subsystem 11 illustratively comprises a
51

switching node 33, for example a local area network (LAN) server, a
broadband multi-media switching hub, or an asynchronous transfer
mode (ATM) packet switch, that provides data or multi-media
communications services to a plurality of endpoints such as user
workstations 37-39. Ex. 1006, at 4:42-5:4.

Ex. 1006, at FIG. 1. Gawrys also discloses an ISDN- and PBX-based
telemarketing system utilizing the same line of PBX an AT&T Definity PBX
as utilized by Chau. Ex. 1005, at p. 74.
In FIG. 1 is an exemplary telemarketing system 10 for practicing the
present invention, a description of which is provided here for
completeness. System 10 is connected for bidirectional
communication with a national communications network 11, such as
the AT&T network in the United States, to provide communications
with many telephones, such as telephone 12, being serviced within the
large geographical service area of communications network 11. It is to
52

be understood that communications network 11 is arranged for
transmitting caller related information, such as the calling number and
called number and any other caller supplied information such as a
social security or account number, over a signaling channel 20 to
system 10 while transmitting bidirectional voice/data information over
channels 21 as may be found with any Integrated Services Digital
Network (ISDN). System 10 is shown as comprising a Private Branch
Exchange (PBX) 13, such as an AT&T DEFINITY communication
system, (System 85 or 75 PBX) with Automatic Call Distribution
(ACD), that functions to provide the interface and call distribution
capability for voice and data between communications network 11
and the components of system 10. Ex. 1002, at 3:49-4:3; See claim
1a.
[4b] accessing a device profile of said second device; and
Chau discloses that the PBX includes a conventional PBX status and translations
database (PST) that includes one or more entries for each endpoint. The PST
entries (device profiles) contain information associated with the device represented
by the endpoint, both telephonic devices and workstations. Ex. 1005, at p. 75.
As indicated in FIG. 2, PBX 13 includes a conventional PBX status
and translations database (PST) 133 that stores information about each
endpoint (EP) (e.g., telephone set 18-19) served by PBX 13. Each
endpoint's one or more corresponding entries 134 in PST 133 contain
information that includes the extension number that is assigned to the
endpoint, the name of the user who is associated with the endpoint,
the permissions for the endpoint, the features that are assigned to and
53

activated for the endpoint, and the present status of that endpoint (e.g.,
idle, busy). For each endpoint that is connected directly to PBX 13
(i.e., each telephone set 18-19), the information also includes the
identifying number of the PBX port 28-29 (see FIG. 1) to which the
endpoint is connected. Because PBX 13 is also required in the system
of FIG. 1, to provide services to other endpoints (i.e., workstations 37-
39), PST 133 must contain information entries 134 for these endpoints
as well. However, because these endpoints are not connected directly
to PBX 13, their entries 134 in PST 133 differ from the entries 134 for
telephone sets 18-19 in that they do not include a port identifier.
Administration of information for a (generally physically non-
existent, or virtual) endpoint without including an associated port
identifier is commonly referred to as "administration without
hardware", which is a conventional capability provided on the AT&T
Definity PBX. PST 133 also includes call records for all presently-
existing calls. Ex. 1006, at 6:8-34.
Chau discloses accessing the PST entries when performing telephonic functions, in
part, to determine the capabilities of the endpoint, for example, to determine
whether the endpoint is a virtual endpoint (multi-media workstation) or a non-
virtual endpoint (telephonic device), whether it has telephonic features such as call
forwarding, or whether it is busy. Ex. 1005, at p. 76.
After indicating request validity at step 352, PCP 132 determines the
destination of the call to be workstation 38, at step 400 of FIG. 4, by
applying the address digits to the contents of PST 133. This is the
54

second service feature that PBX 13 provides for subsystem 11.
Assume, for example, that entries 134 in PST 133 for workstation 38
indicate that workstation 38 subscribes to a call-forwarding feature
which is activated and which designates workstation 39 as the
forwarding endpoint. By examining entries 134 for workstation 38
(EP
B), at step 402, PCP 132 makes this determination, and in turn
examines entries 134 for workstation 39 (EP
C) to determine if they
further affect the call destination, also at step 402. Assume that entries
134 for EP
C do not affect the call destination further. PCP 132

therefore determines at step 400 from contents of PST 133 that the
call destination is workstation 39 (EP
C), and further determines

from those contents that EP
C is a virtual endpoint. It also determines

from those contents whether or not the endpoint is busy, at step 404.
Ex. 1006, at 8:50-9:1 (emphasis added).
[4c] restructuring said session data to conform with said device profile of said
second device.
Gawrys discloses agent terminals that support a text-based user interface (TUI).
See claims 1e and 13b. Chau discloses a communications system that can provide
telephonic functions to multi-media workstations connected to a communications
subsystem and telephonic devices connected to a PBX system. See claim 4a.
Gawrys also discloses transferring calls and any associated session data from one
agent terminal to another (see Gawrys and Hanlon, claim 1). When transferring
session data (as part of transferring a call) between a TUI-based agent terminal
(such as that disclosed in Gawrys) and a multimedia workstation (such as that
55

disclosed in Chau) and, the session data may need to be restructured to be in
conformance with the capabilities second device (as described by the second
devices PST entry). Nguyen discloses a WWW gateway that transforms ordinary
text data, output by database software, into HTML format for presentation on a
multi-media device with a browser-based GUI. Ex. 1005, at pp. 76-77.
The SQL command is performed by the RDBMS software, and the
resulting output is merged into the HTML forms by the DB2 WWW
gateway for presentation to the user. Ex. 1007, at 2:44-49.
The DB2 WWW gateway 16 then transmits the SQL query to the
RDBMS server 18 for execution. After performing an SQL query, the
RDBMS server 18 returns the results of the SQL query, i.e., an output
table, to the DB2 WWW gateway 16. The DB2 WWW gateway 16
extracts data from the output table and substitutes it into an HTML
report form from the macro language file 20 using a common name
space. A common name space arises from the use of common
variables in both the HTML and SQL statements in the macro
language file, and the cross-language variable substitution mechanism
of the present invention. The resulting HTML report form is
transmitted by the DB2 WWW gateway 16 to the Web server 14. The
Web server 14 transmits the HTML report form to the Web browser
12 for presentation to the user. Ex. 1007, at 5:7-20.
[5a] 5. The method according to claim 4, wherein:
See claim 4a.
56

[5b] said restructured session data conforms to a data format of said second
device.
See claim 4c.
See claim 4a.
[6b] said restructured session data conforms to a modality of said second
device.
Gawrys and Chau disclose transferring session data from agent terminals with a
TUI-based interface to a multi-media workstation with a GUI-based interface. See
claim 4b and 4c. Nguyen discloses the conversion of text extracted from a
database so that it can be displayed on a browser-based GUI of the multi-media
terminals disclosed by Chau. See claim 4c.
See claim 4a.
[8b] reformatting said session history of said session to conform with said
device profile of said second device; and
See claim 4b and 4c.
[8c] transmitting reformatted session history of said session in response to said
activation of said second device.
See claim 1e.
See claim 4a.
[9b] accessing said session history of said session;
See claim 1e.
57

[9c] reformatting said session history of said session to conform to said device
profile of said second device; and

[9d] transmitting reformatted session history of said session in response to
said activation of said second device.
See claim 1e.
See claim 9a.
[10b] said formatted session history conforms to a data format of said second
device.
See claim 9a.
[11b] said formatted session history conforms to a modality of said second
device.
See claim 6b, 4b and 4c.
[15a] 15. The system for transferring a session according to claim 13, further
comprising:
See claim 13a.
[15b] a device database configured to store a profile for each device registered
to a user, wherein said session server is configured to access a second device
profile from said device database and to restructure said session to conform
with said second device profile.
Chau discloses a device database configured to store PST entries (profiles) for each
device registered to a user. See claim 4b. Chau and Nguyen disclose a session
server configured to access a second device profile from said device database and
58

to restructure said session to conform with said second device profile. Ex. 1005, at
p. 81. See claim 4b and 4c.
[25a] 25. The computer readable storage medium according to claim 23, said
one or more computer programs further comprising a set of instructions for:
See claim 23.
[25b] accessing a device profile of said second device; and
See claim 4b.
[25c] restructuring said session to conform with said device profile of said
second device.
See claim 4c.
[29a] 29. The computer readable storage medium according to claim 25, said
one or more computer programs further comprising a set of instructions for:
See claim 25a.
[29b] reformatting said session history of said session to conform to said
device profile of said second device; and
[29c] transmitting reformatted session history of said session in response to an
activation of said second device.
See claim 1e.
[30a] 30. The computer readable storage medium according to claim 29,
Wherein:
See claim 29a.
[30b] said reformatted session history conforms to a data format of said
second device.
See claim 10b.
[31a] 31. The computer readable storage medium according to claim 29,
wherein:
59

See claim 29a.
[31b] said reformatted session history conforms to a modality of said second
device.
See claim 6b, 11b.
[34a] 34. A system for transferring a session, comprising:
See claim 13a.
[34b] a plurality of networks;
Gawrys and Chau disclose a system that can comprise a plurality of networks:
namely, an Integrated Services Digital Network (ISDN) and one or more LANs.
Gawrys discloses an ISDN connecting agent terminals, a PBX, and a Multi-
Function Communications Controller (MCC). See claim 13b. Chau discloses
communications link 10 that connects subsystems 11 and 12. This communications
link illustratively comprises an ISDN network. Ex. 1006, at 5:15-29. Chau also
discloses a communication subsystem 11 that is preferably a communications-rich
subsystem that provides communication services to multiple user workstations
using its own LAN. Ex. 1006, at 4:61-5:4. Chau further discloses that the
communications system can connect a plurality of subsystems 11 each of which, as
shown above, can comprise its own LAN. Ex. 1005, at pp. 85-86; Ex. 1006, at
4:42-60.
[34c] a session transfer module;
See claim 13c.
60

[34d] a first device to transmit a session history of said first device to said
session transfer module after said session is discontinued on said first device;
See claim 13d.
[34e] a second device to receive said session history; and
See claim 13e.
[34f] a session server providing a session service between said first device and
said session server over said plurality of networks, wherein said session server
is configured to transfer a session from said first device to said second device
in response to a redirect command from said first device.
See claim 13f, 13g and 34b.
VIII. CONCLUSION
For the reasons set forth above, Petitioner has established a reasonable
likelihood of prevailing with respect to at least one claim of the 233 Patent.
Therefore, Petitioner respectfully requests that the Patent Trial and Appeal Board
institute an inter partes review and then proceed to cancel claims 1-6, 8-11, 13-15,
23-25, 29-31, and 34.
Respectfully submitted,
OBLON SPIVAK

Dated: October 25, 2014 /Michael L. Kiklis/
Michael L. Kiklis
Reg. No. 38,939
Customer Number
22850
Tel. (703) 413-3000
Fax. (703) 413-2220
61

Petitioners Exhibit List (October 25, 2014)

PETITIONERS EXHIBIT LIST
October 25, 2014

Exhibit Description
Ex. 1001 U.S. Patent No. 7,191,233
Ex. 1002 U.S. Patent No. 5,008,930 (Gawrys)
Ex. 1003 U.S. Patent No. 5,796,812 (Hanlon)
Ex. 1004 Selected pages from the prosecution history of U.S. Patent. No.
7,191,233
Ex. 1005 Declaration of John Day in support of the Petition.
Ex. 1006 U.S. Patent No. 5,550,906 (Chau)
Ex. 1007 U.S. Patent No. 5,737,592 (Nguyen)

CERTIFICATE OF SERVICE
The undersigned certifies service pursuant to 37 C.F.R. 42.6(e) and
42.105(b) on the Patent Owner by Express Mail of a copy of this Petition for Inter
Partes Review and supporting materials at the correspondence address of record
for the 233 patent as well as the address of litigation counsel of record:
William H. Bollman
Manelli Selter PLLC
2000 M Street, N.W. 7th Floor
Washington DC 20036-3307

Brian E. Farnan
Farnan LLP
919 North Market Street, 12
th
Floor
Wilmington, DE 19801

Dated: October 25, 2014 By: /Michael L. Kiklis/
Michael L. Kiklis
Reg. No. 38,939

Petition For Inter Partes Review

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UNITED STATES PATENT AND TRADEMARK OFFICE

C do not affect the call destination further. PCP 132

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